California Department of Resources Recycling and Recovery (CalRecycle)

2007 Strategic Directives

SD-5: Producer Responsibility

This page provides information on the CIWMB's Strategic Directive 5 (SD-5). Each of the five subdirectives links to further explanation including baseline measurement, metrics or performance criteria, annual targets, key activities, and progress on targets.

Directive
It is a core value of the CIWMB that producers assume the responsibility for the safe stewardship of their materials in order to promote environmental sustainability.

Specifically, the CIWMB will:

  1. Utilize existing Board authority to foster "cradle-to-cradle" producer responsibility.
  2. Seek statutory authority to foster "cradle-to-cradle" producer responsibility.
  3. Analyze the feasibility of various approaches to increasing producer responsibility, including during the product design and packaging phases, and make recommendations to the CIWMB Board by December 2007, and annually thereafter. (Revised Feb. 2008)
  4. Build capacity and knowledge in CIWMB on extended producer responsibility (EPR) issues and solutions.
  5. Develop and maintain relationships with stakeholders that result in producer-financed and producer-managed systems for product discards.

5.1--Utilize existing Board authority to foster "cradle-to-cradle" producer responsibility.

This subdirective recognizes those tasks and initiatives related to Extended Producer Responsibility (EPR) that the CIWMB could both continue and initiate in the immediate and near term utilizing existing Board authority. The Board has been involved in several initiatives related to EPR over the years, including rigid plastic packaging containers (RPPC), e-waste, and paint.

Baseline
The baseline is existing legislative provisions (i.e., minimum content programs and e-waste) related to producer responsibility.

Metrics or Performance Criteria
The Board will track the number of regulatory and voluntary programs that have been implemented and/or modified to foster EPR.

Annual Targets
In the near term, the Board will revise and promulgate RPPC regulations and take initiatives to enhance enforcement based on regulatory changes. In addition, staff will be providing the Board with a broader set of EPR policy recommendations at the September Board meeting. Other targets, short- and long-term, will be determined based on those recommendations the Board accepts at that meeting.

Key Activities
Review existing federal and state statutes and regulations relative to EPR programs; amend regulations to foster additional EPR.

Progress on Targets
The revisions to the RPPC regulations have been delayed due to staff turnover and vacancies. New staff are working to prepare documents to start the formal rulemaking process. The formal rulemaking process will begin in June 2009.

The Board adopted a revised EPR Framework (see SD 5.2) in January 2008 and continued to seek statutory authority to implement the framework.

5.2--Seek statutory authority to foster "cradle-to-cradle" producer responsibility

This subdirective proposes to seek new statutory authority in order to foster the "cradle-to-cradle" concept. This will allow the Board to create new regulatory programs related to EPR.

Baseline
The baseline is existing regulatory programs and statutory authority of the Board.

Metrics or Performance Criteria
The number of approved legislative amendments that support EPR will serve as a metric.

Annual Targets
Annual targets include introducing legislation that supports EPR directives.

Key Activities
Consultation between Legislative and External Affairs Office and Statewide Technical and Analytical Resources (STAR) Division to determine proposed legislative language regarding an overall producer responsibility framework.

STAR Division staff to evaluate priority products or product categories to be targeted.

Progress on Targets
The Board has been proactive in developing policy proposals on this topic and in January 2008 adopted a revised “EPR Framework” which is intended to serve as a basis for potential legislation.

5.3--Analyze the feasibility of various approaches to increasing producer responsibility, including during the product design and packaging phases, and make recommendations to the CIWMB Board by December 2007, and annually thereafter. (Revised Feb. 2008)

This subdirective proposes that staff analyze the feasibility of various approaches to increasing EPR. This analysis will include approaches focused on product design, packaging and existing frameworks being used in other jurisdictions. At the conclusion of the analysis, recommendations will be made to the Board, suggesting a particular approach to be pursued in California.

Baseline
Currently, no existing analysis of this kind exists within the Board.

Metrics or Performance Criteria
A report will be presented to the Board detailing the results of the analysis, listing potential options, and suggesting staff's recommendations.

Annual Targets
Complete analysis of EPR framework and product selection process and bring agenda item to the Board in September 2007. Analysis regarding EPR approaches for specific product categories will be completed by December 2007 or earlier. Complete preparation of supplemental Budget Report.

Key Activities

Key activities associated with this subdirective include reviewing existing approaches and frameworks being used by other jurisdictions regarding EPR and evaluating their success and feasibility for implementation in California.

Literature searches will be conducted to determine what, if any, research has been done on the subject and how that research can be used to construct the most appropriate ERP framework possible. Other activities would include meeting with stakeholders and interagency workgroups.

Progress on Targets
In January 2008, the Board adopted the EPR Framework. Staff completed the initial analysis of selection criteria and product categories, which was presented to the Board in September 2007. The Board completed and submitted the supplemental Budget Report, entitled “Manufacturer Responsibility: Report to the Legislature” in December 2007.

5.4--Build capacity and knowledge in CIWMB on extended producer responsibility (EPR) issues and solutions

This subdirective proposes that Board staff actively build knowledge of EPR at the CIWMB. This includes building an internal knowledge-base within the Board as well as maintaining a web-based resource informing the public about the availability of that information.

Baseline
The baseline will be constructed based on the implementation of existing systems within the board such as the e-waste program.

Metrics or Performance Criteria
The number of staff within the Board who has expertise in this subject matter will serve as a metric for this subdirective.

Annual Targets
Targets for this subdirective include Board leadership in EPR-related discussions/forums/conferences as well as maintaining training of Board staff to ensure knowledge and expertise among staff.

Key Activities
The activities associated with this subdirective are associated with attending conferences, workshops, educational seminars as well as creating an educational and training plan to cover EPR-related activities. This educational and training plan will also be advertised and information maintained on a web-based system.

Progress on Targets
Staff participates in ongoing discussions with other states (in particular, Oregon, Washington, and Minnesota) and Canadian provinces (specifically British Columbia and Ontario) about EPR Framework programs and approaches. Staff also serves as the Region IX representative on the Association of State and Territorial Solid Waste Management Officials (ASTSWMO) Product Stewardship Task Force, which is addressing issues that cut across states, such as program development and evaluation. Also in support of this SD, staff has developed educational and outreach material addressing Frequently Asked Questions, describing EPR programs worldwide and providing details of the Board's own Framework, at www.ciwmb.ca.gov/EPR/.

5.5--Develop and maintain relationships with stakeholders that result in producer-financed and producer-managed systems for product discards.

This subdirective is focused on creating and maintaining relationships with stakeholders (private, local, state, federal) interested in producer-financed and producer-managed solutions for product discards.

Baseline
The baseline consists of existing stakeholder relationships.

Metrics or Performance Criteria
The number of industry-wide contacts/relationships among private sector as well as public sector companies/organizations/agencies will serve as a metric for this subdirective.

Annual Targets
Develop and maintain EPR list of stakeholders, participate in EPR organizations and conferences, and engage in EPR negotiations and agreements.

Key Activities

Activities associated with this subdirective include:

  • Creating a list of stakeholders interested in EPR by product type and make this list available online.
  • Participation in organizations involved in EPR including Product Stewardship Institute, California Product Stewardship Council, and the North American Hazardous Materials Management Association.
  • Engaging in and providing forums and discussions with stakeholders regarding various EPR topics.
  • Participation in negotiations with organizations and industry to reach producer responsibility solutions.

Progress on Targets
The Board's EPR Framework has garnered support from a number of entities, including the California Retailers Association; California Product Stewardship Council, which represents many cities, counties, and Joint Powers Authorities; Product Policy Institute; the National Association of Counties; and The Sierra Club. Staff has also established working relationships with numerous stakeholders, including retailers, individual manufacturers, waste management companies, and many local governments.

SD-4 | Strategic Directives Home Page | SD-6

Last updated: April 10, 2009
Archived CIWMB Strategic Plans http://www.calrecycle.ca.gov/Archive/IWMBPlans/
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