6. 2015Legislative Initiatives
Broad Strokes of SD1090
• Public space recycling must be conveniently offered
in three types of public spaces:
– Buildings and parks owned or leased by public agencies
– High-traffic private properties
– Municipal public spaces
• Only applies if public waste removal service is
offered.
• Requirements different for each type.
• MassDEP given enforcement and regulatory rights.
7. 2015Legislative Initiatives
Detailed Requirements
Type Convenience
Standard
Schedule
State public agency 1:1 1 year
State public park 2:1 1 year
High-traffic private 2:1 1 year
Municipal N/A 2 years to file +
1 to implement
13. 2015Legislative Initiatives
HD2913 in Brief
• All Generators must subscribe to recycling services.
• Haulers must comply with reporting requirements
promulgated by MassDEP.
• MassDEP will produce an annual notice, to be
distributed by the Haulers, to educate Generators of
the universal recycling requirements and waste bans.
• MassDEP given direct enforcement authority over
Generators.
Talk about MassRecycle’s legislative initiatives. Inspired after our own recent R3 Webinar where Professor Cunningham gave a PPT light on text and heavy on content. So trying something new today.
Why did MassRecycle file legislative bills? Board/staff looked at where we could make the most impact. Chasing our own tail with scattered smaller projects. Focus on the overarching umbrella policies that help everyone. Really just wanted an excuse to put up a picture of my dog; note it’s a Yale mascot eating a Harvard chair.
Continuing the animal theme for another slide, we have here a litter of kittens. MassRecycle thought long and hard about what gaps in recycling policy existed and what was feasible to enact that would have a major impact. Public litter issues plus the corollary lack of public space recycling. Multifamily and commercial recycling, or lack thereof.
Biggest reason is the time is ripe in MA. Regardless of your stance on the recent Bottle Bill fight, you can agree that litter is an issue and public recycling is a need. There is a momentum. There are catalyzed networks. Public awareness at an all time high. Politicians at the MA State House are primed for a litter and recycling bill.
Everyone can come together to support this shared cause. Public litter has a societal cost for everyone.
In 2009, the MA Highway Department picked up 582.8 tons of trash along roadways. This pickup comes out of your tax dollars and impacts our communities.
KAB survey - only 41% of active recyclers recycled while in public; 19% while in parks; 92% recycling at home. If people like you and I can’t pull it off, consider other 85% (OgilvyEarth 2011 study). Two clear obstacles – lack of convenience and confusion over how to.
Confusion can be addressed with recent good models. Several guides map out BMPs, and several municipalities have run successful pilots – Portland and Atlanta. NYC has an ordinance that was recently passed.
Legislation can create convenience.
Emphasize that the requirement only applying if public waste removal service is offered is important for the cost-effectiveness.
State public agencies that lease must collaborate with property manager to implement an acceptable plan during remainder of the lease. New leases must include terms requiring the public space recycling at the 1:1 convenience standard.
High-traffic privately-owned areas visited by 5,000 individuals annually.
Bill only applies to public spaces with public trash receptacles makes it cost effective, even cost neutral. Budget built-in. Might be hidden across multiple budget line items (park ranger, municipal hauling contract, janitorial contract).
Initial implementation costs. Adapting routes. Re-training staff. New receptacles.
Funds exist to cover a lot of the implementation costs – Mass. Beverage Associations Mass. Recycling Challenge, KAB Bin Grants with WM and Coca Cola, MassDEP’s grants, local foundations.
Models exist to create revenue streams from public space recycling.
Costs offset by the semi-tangible benefit of public education and behavior change that comes from successful public space recycling.
Claire Sullivan Galkowski of SSRC brought this to MassRecycle.
4.9 million tons = 1.8 million tons disposed by municipal programs + 3.1 million tons commercial (63%)
Part of commercial is actually residential (multi-family, apartments, condominiums). 1 million residents not served by municipal programs – apartments, condominiums, private subscription.
Beyond the waste bans, no statewide requirement to recycle.
MassDEP has done great work with the waste bans.
Waste bans in practice have mostly been enforced downstream at the processor.
310 CMR 19.017 Section 3(a) states that “Any person who disposes, transfers for disposal or contracts for disposal or transport of restricted material may be subject to enforcement…” While that does open the door for MassDEP to go after generators, it could be more explicit.
Board realized complexity. Pulled together stakeholder Legislative Working Group to discuss.
Municipalities, haulers, processors, regulators, all have a role. But ultimate responsibility rests with you and me, the generator.
Lots of the regulations suggested in other comprehensive recycling bills do not take into account the realities and challenges of the existing infrastructure - haulers cannot be the police of their own clients, Boards of Health retain permit powers, zero tolerance is not feasible downstream.
The difficult answer is simple – everyone must have access to recycling and MassDEP must be given clear wherewithal to go after generators.
Making recycling requirements universal levels the playing field for haulers and processors.
The bill does not over-legislate. Allows infrastructure to grow organically. Does not create rules that will take years to amend. Leaves flexibility for the unforeseen.
No thresholds or zero tolerance.
Due to this, it can work synergistically with other bills. Our bill can team up with other bills as the overarching frame work for an omnibus bill.