June 13, 2008
Mr. Leonard Robinson
Chief Deputy
Director
Department of Toxic Substances Control
1001 I St.
Sacramento,
CA 95812-0806
Subject: AB 1109 Task Force Recommendations
Dear Mr.
Robinson:
The San Luis Obispo Integrated Waste Management Authority (IWMA)
would like to offer its perspective on the recommendations being
developed by the AB 1109 Task Force. AB 1109 requires the Task Force
to
make recommendations to the Legislature on, among other things,
the most
effective, cost-efficient, and convenient method for the
consumer to provide
for the proper collection and recycling of any
end-of-life general purpose
lights generated in this state.
All of the options being considered by the
Task Force recognize the
obvious fact that retail take back best meets these
criteria. These
options essentially differ only on whether such retail take
back
should be strictly voluntary or voluntary with the prospect of
mandatory if yet to be specified levels of convenience and recycling
are
not achieved. Thus, the key issue is whether retail take back
should be
voluntary or mandatory.
The IWMA respectfully submits that the answer to
the voluntary versus
mandatory issue is equally obvious: the voluntary
approach has been
tried and failed. Despite DTSC's best efforts during the
last 2
years, the voluntary Take-It-Back-
Partnership appears to have
resulted in less than 1% of potential retailers participating in the
program. Without universal participation, true convenience cannot be
achieved and without such convenience recycling is simply not going
to
happen.
The IWMA also tried the voluntary take back approach. In our
case,
we provided the collection containers and paid the post collection
costs of managing the materials. With a free program to retailers,
many
of the locally owned stores participated in the program;
however, many of
the big box retailers declined to participate. For
example, Wal-Mart and
Home Depot, who account for 50% of the retail
sales of CFLs refused to
participate. In our many attempts to get
them to participate in our fully
funded voluntary program, we were
told time and again, that they would not
participate until the
program was mandatory.
As a result of the
major retailers' refusal to participate in a
voluntary program, the IWMA
eventually adopted a mandatory take back
ordinance and now all retailers are
participating in the program.
As far as we know, in California only the 2
Wal-Marts and 2 Home
Depots in San Luis Obispo County take back fluorescent
tubes and
bulbs each and every day.
Recognizing the inevitable need
for a mandatory take back provision
from the outset offers significant
overall program efficiencies
because it:
• Eliminates the need for a
potentially costly and inefficient
Third Party Organization
• Greatly
simplifies the task of public education
• Expedites Implementation of a
State-Wide Program
Under a mandatory take back scenario, the normal
business
relationships between retailers and manufacturers can and will most
efficiently and appropriately handle the necessary cost sharing for
meeting this responsibility. There is no need to create a new third
party organization to "manage" the program. In addition, there is
no
need to create a third party funding sources such as utilities.
Similarly, with all retailers participating, the task of public
education is greatly simplified because you have a very clear,
unequivocal message: "Take-It-Back!". This message could be
required on the labeling of all fluorescent tubes and bulbs and as
part
of any promotional advertising by the utilities for purchasing
of
CFLs.
Since February 2006, DTSC regulations have made it illegal for
people
to dispose of fluorescent tubes and bulbs in their waste.
Unfortunately during the last two years, effective, cost-efficient,
and
convenient programs have not been implemented throughout
California. To
recommend a voluntary program, managed by a third
party organization that
would need to be created and funded by the
electric utilities will further
delay the implementation of an
effective program.
A simple and
effective model has already been used in California, the
Rechargeable
Battery Recycling Act of 2006" (A.B. 1125). This
legislation requires any
retailer who sells rechargeable batteries to
take them back from the public.
Similar legislation for fluorescent
tubes and bulbs would result in the
expedient implementation of an
effective, cost-efficient, and convenient
state-wide program.
The IWMA greatly appreciates your careful
consideration of our
perspective.
Sincerely,
William
Worrell
Manager
Ricanthony@no.address
RichardAnthonyAssociates.com
San Diego,
California