2/10/05 California Integrated Waste Management Board1 Consideration Of A Report to the Legislature: Plastic Trash Bag Program And A Comprehensive Approach to Film Plastic Diversion

2/10/05 California Integrated Waste Management Board2 CategoryEst. Pct.Est. Tons 1Organic30.20%12,166,452 2C and D21.70%8,732,074 3Paper21%8,445,898 4Plastic9.50%3,809,699 5Metal7.70%3,115,357 6Special Waste5.10%2,038,431 7Glass2.30%934,926 8Electronics1.20%481,357 9Mixed Residue1.10%437,448 10HHW0.20%73,599 Plastics are 4 th largest component of Waste Stream 2003 CIWMB WCS

2/10/05 California Integrated Waste Management Board3 Material Classes % Waste Stream 2003 % Waste Stream 1999 % Change Material Specific Board Programs Organic Food Waste Organic Materials Construction and Demolition Construction/Demolition Debris Green Building Materials Paper Paper Plastic Plastic Metal Special Waste Tires Glass Electronics Electronic Products Mixed Residue HHW Household Hazardous Waste Oil: Used/Rerefined Waste Stream Class % Change from

2/10/05 California Integrated Waste Management Board4 Material Category Film as% of Total Plastic Total Tons Disposed All Plastic3,809,699 Plastic other than Film54.13%2,062,040 All Film45.87%1,747,659 Other Film (sandwich bags; newspaper bags; food wrappers; etc>)21.70%826,757 Plastic Trash Bags10.25%390,460 Non-Bag Commercial and Industrial Packaging Film (transport packaging such as shrink wrap; bubble wrap; & mattress bags)7.62%290,331 Plastic Grocery and other Merchandise Bags3.86%147,038 Film Products ((ag film; construction wrap; drop cloths)2.44%93,073 Almost Half Of The Plastics Waste Category Is Film 2003 CIWMB WCS

2/10/05 California Integrated Waste Management Board5 Plastic Trash Bag (PTB) Legislative Report History: Originally due to the Legislature in 2001 Report deferred pending results of Plastics White Paper (PWP) Comprehensive approach Repeal of the PTB law PWP accepted by the Board – June 2003 Updated Report released in August 2004 Expanded Certification Program Noncompliant companies subject to a mil fee

2/10/05 California Integrated Waste Management Board6 Stakeholder Workshop Stakeholder workshop, October 27, 2004 Eliminate individual company certification No minimum content requirements Focus on voluntary efforts to increase film collection Divert film through open loop recycling opportunities Plastic lumber

2/10/05 California Integrated Waste Management Board7 Revised Report Addresses Stakeholder Input Pursue a voluntary approached leveraged by a plastic film mil fee MOUs allow for a voluntary approach Include short, medium and long-term goals MOUs will provide for clear lines of responsibility Mil fee provides a contingency to MOUs Fund programs and projects to increase film collection and recycling Board report only recommends concept to the Legislature

2/10/05 California Integrated Waste Management Board8 Comments On Final Draft Report MOU concept: Process to develop them is not clear Not enough time given to develop them No conflict resolution process What authority does the Board have to require participation? Not fair to punish all companies for non- performance of a few Not enforceable

2/10/05 California Integrated Waste Management Board9 Comments on Final Draft Report Cont. Mil fee proposal: What will it be used for? How will the mil fee be collected? Will Importers be subject to the fee? Board just wants the fee, not MOUs

2/10/05 California Integrated Waste Management Board10 Comments on Final Draft Report Cont. Can’t use PCM in our product PCM is unavailable Collecting and cleaning is expensive Biodegradable exemption – in or out? Does not give credit for source reduction

2/10/05 California Integrated Waste Management Board11 Board is Committed to a Public Process: Film management: 2002/2003 Plastic White Paper workshops July 2003 film plastics roundtable October 2003 PTB Cert. exemption workshop October 2004 film collection workshop Monthly interested parties meetings Report Development: January 2002 PTB Report workshop February 2002 Deferred Report Pending PWP August 2004 interested parties meeting October 2004 PTB report workshop January 2005 interested parties meeting

2/10/05 California Integrated Waste Management Board12 Staff Recommends Adopting Option 2 With Following Changes: Eliminate biodegradable products exemption Clarify report regarding suspension and repeal of PTB law: Grant Board authority to suspend the law Repeal law upon execution of MOUs Revise the report to allow the Board to retain flexibility: Number of MOUs Film products covered Revise timeframes to clarify MOU process

2/10/05 California Integrated Waste Management Board13 Next Steps Through October 2005 Submit report to Cal EPA CalEPA transmits report through the Governor’s Office to the Legislature Legislature develops bill with public input Bill is passed by Senate and Assembly Bill is signed by the Governor Bill is enrolled and becomes law

2/10/05 California Integrated Waste Management Board14 Timeline

2/10/05 California Integrated Waste Management Board15 In Summary: Report puts forth a conceptual approach for managing film plastic There will be plenty of opportunity for additional public input during the legislative process Implementation details will be worked out through the interested parties process And one more thing,

2/10/05 California Integrated Waste Management Board16 …Success is not implementing a mil fee, success is increasing film plastic collection and recycling in California through a voluntary, collaborative process…