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Resolution 14766CITY OF ALAMEDA RESOLUTION NO. 14766 SUPPORTING EXTENDED PRODUCER RESPONSIBILITY WHEREBY PRODUCERS ASSUME FINANCIAL RESPONSIBILITY FOR MANAGEMENT OF WASTE PRODUCTS WHEREAS, approximately 41,000 tons of discarded materials and products are currently were disposed from the City of Alameda in 2011; and WHEREAS, Extended Producer Responsibility (EPR) is a policy approach in which producers assume financial and operational responsibility for management of waste products; and WHEREAS, on February 8, 2006 California's Universal Waste Rule (CCR, Title 22, Division 4.5, Chapter 23) became effective; and WHEREAS, the Universal Waste Rule bans landfill disposal of certain products that are deemed hazardous, including household batteries, fluorescent bulbs and tubes, thermostats and other items that contain mercury, as well as electronic devices such as video cassette recorders, microwave ovens, cellular phones, cordless phones, printers, and radios; and WHEREAS, it is anticipated that the list of Universal and other waste products determined to be hazardous and therefore banned from landfills will continue to grow as demonstrated by the ban of treated wood effective January 2007 and sharps in September 2008; and WHEREAS, in January 2008 the California Integrated Waste Management Board, now known as CalRecycle, adopted the Extended Producer Responsibility Framework for an EPR System in California and the League of Cities has adopted a policy statement in 2008 in support of EPR legislation; and WHEREAS, Bay Area local governments formed the California Product Stewardship Council in 2006 to support education and outreach efforts on the benefits of producer responsibility systems and to advocate for them; and WHEREAS, in February 2008 the City Council for the City of Alameda accepted the Local Action Plan for Climate Change; and WHEREAS, the 2008 Local Action Plan listed zero waste initiatives, including developing of a zero waste plan, as a top priority for reaching the City's goals to reduce the citywide greenhouse gas (GHG) emissions to 25 percent below 2005 levels by the year 2020; and WHEREAS, in October 2010 the City Council approved the Zero Waste Implementation Plan in which developing a City Council Resolution supporting Extended Producer Responsibility is a named priority; and WHEREAS, in 2008 and 2010, California passed laws requiring producers of mercury thermostats, carpet, and paint to design and fund recovery programs for their product waste; and WHEREAS, state policies currently make local governments responsible for achieving waste diversion goals and enforcing product disposal bans, both of which are unfunded mandates whose increasing costs are borne by taxpayers, rate payers, and local governments; WHEREAS, costs paid by local governments to manage products are in effect subsidies to the producers of hazardous products and products designed for disposal; and WHEREAS, the Board /City Council of City of Alameda supports statewide efforts to have producers share in the responsibility for Universal Waste products and other product waste management costs; and WHEREAS, Extended Producer Responsibility (EPR) is a policy approach in which producers assume financial responsibility for management of waste products. When products are reused or recycled responsibly, and when health and environmental costs are included in the product price, there is an incentive to design products that are more durable, easier to repair and recycle, and less toxic; and WHEREAS, the City of Alameda wishes to incorporate EPR policies into the City's and County's product procurement practices to reduce costs and protect public health and the environment; and WHEREAS, in January 2008 the California Integrated Waste Management Board, now known as CalRecycle, adopted a Framework for an EPR System in California; in July 2008 the National Association of Counties adopted a resolution in support of a framework approach to EPR; in November 2009 the National League of Cities adopted EPR policy; in June 2010 the US Conference of Mayors adopted a resolution in support of EPR; and to date, 131 resolutions have been passed by California local governments and organizations supporting producer responsibility; NOW, THEREFORE BE IT RESOLVED by the Council of the City of Alameda that, by adoption of this Resolution, the City urges CalRecycle to continue taking timely action to implement the framework for an EPR System in California to manage problematic products, and to urge the Department of Toxic Substances Control to implement the Green Chemistry initiatives to manage Universal and other toxic products; and BE IT FURTHER RESOLVED, that the Council of the City of Alameda urges the California Legislature to enact product specific and framework EPR legislation which will give producers the incentive to design products to make them less toxic and easier to reuse and recycle; and BE IT FURTHER RESOLVED, that the City Manager or designee of City of Alameda be authorized to send letters to the California State Association of Counties, California League of Cities, Association of Bay Area Governments, Alameda County Waste Management Authority, CalRecycle, the State legislature, and to other local governments, and to use other advocacy to urge support for EPR Framework legislation and related regulations when deemed appropriate; and BE IT FURTHER RESOLVED, that the City Manager be authorized to sign the California Product Stewardship Council Pledge of Support, and participate by becoming a member and educating and advocating for EPR policies and programs; and BE IT FURTHER RESOLVED, that the City of Alameda encourages all manufacturers to share in the responsibility for eliminating waste through minimizing excess packaging, designing products for durability, reusability and the ability to be recycled; using recycled materials in the manufacture of new products; and providing financial support for collection, processing, recycling, or disposal of used materials; and communicating with haulers and local governments about end of life management; and BE IT FURTHER RESOLVED, that the City of Alameda and its member agencies develop producer responsibility policies such as leasing products rather than purchasing them and requiring producers to offer less toxic alternatives and to take responsibility for collecting and recycling their products at the end of their useful life. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda in regular meeting assembled on the 5th day of February, 2013, by the following vote to wit: AYES: Councilmembers Chen, Daysog, Ezzy Ashcraft, Tam and Mayor Gilmore — 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 6th day of February, 2013. Lara Weisiger, City Clerk City of Alameda