Policies & Legislation

Framework Policy

Other US States

Maine HP 1159 and LD 1631, introduced in December, 2009 would establish a product stewardship law under the Department of Environmental Protection (DEP). On February 19, 2010, the Natural Resources Committee voted unanimously to replace LD 1631 with an amendment that authorizes the Department of Environmental Protection to submit an annual report to the Natural Resources committee regarding matters on existing product stewardship in Maine. The report may contain recommendations for improving existing product stewardship programs, or new products that may be appropriate for product stewardship management in the future.

The new bill also includes a “public comment” period for the report of 30 days. The amendment authorizes the Natural Resources committee to submit annually a bill to establish new product stewardship programs or revise existing product stewardship programs after the committee's review of the findings from the annual report from the DEP. This new framework ensures opportunity for input from the business community: once during the public comment period on the annual report, and again at any subsequent public hearing held by the committee on legislation introduced based on the report findings. It should also discourage legislators from introducing manufacturer take-back legislation on products that were not part of this new process of framework established by LD 1631.

Minnesota H. F. 2407, introduced in May 2009, proposes a product stewardship framework operated and funded by producers to collect, recycle, and dispose of products at the end of their useful lives. This bill designates the Minnesota Pollution Control Agency (PCA) as the governing body that will submit to the state each year a list of potential covered products that pose elevated risks to environmental and human health. The PCA is required to notify interested parties such as local governments, recyclers and producers about the products contained in the submitted list each year.

Under this bill each producer is required to submit a product stewardship plan to the PCA and receive approval before initiating such plan. All producers or group of producers of a covered product are required to fund and implement their product stewardship program. The bill prohibits the collection of a fee by the producer at the time of the sale or collection for recycling or disposal of the covered product. As this bill was introduced during the first year of the biennium, the bill is eligible for consideration during the 2010 legislature.

HF 1812C/SF1475, signed into law on May 29, 2008 as Chapter 363, would modify the Minnesota Waste Management Act to establish principles of product stewardship and would require the Minnesota Pollution Control Agency by January 15, 2009 to provide recommendations for establishing a comprehensive product stewardship approach for reducing environmental and health risks posed by the use or disposal of certain products.

The recommendations would be required to include, at a minimum: (1) criteria to evaluate products proposed for product stewardship solutions; (2) a process for designating products for product stewardship solutions, and the role the legislature would play in that process; (3) typical components of product stewardship plans; (4) options to facilitate the creation of industry-managed stewardship management organizations; (5) methods to identify and monitor progress towards stewardship performance goals; and (6) strategies to implement the use of standards, certifications, and eco-labels to promote environmentally preferable products.

In November 2008, the Minnesota Pollution Control Agency (MPCA) released the Draft Product Stewardship Study and Recommendations Report (PDF file, 482KB). The report provides an overview of product stewardship and proposes a Framework EPR system for Minnesota. Public comments are being accepted on the draft report and final report is do January 15, 2009. Learn more from the MPCA about the recommendations process and timeline.

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Rhode Island H 5616 (PDF file, 9KB) is a product stewardship bill that requests the Department of Environmental Management (DEM) of Rhode Island to submit recommendations for a comprehensive approach to reducing environmental and health risks posed by the use or disposal of products

These recommendations include criteria to evaluate all products that would be managed under a product stewardship program, initiate a process for designating products that meet the criteria and also suggest the role the legislature would play in that process. The bill would also require that the DEM to propose methods that would monitor the progress of stewardship performance goals and to recommend strategies that would increase the awareness and potential for environmentally preferable purchasing. The bill has passed in the House and Senate and is awaiting signature from the governor.

See the legislative history for more details.

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