CC Resolution No. 08-016 Extended Producer Resp. RESOLUTION NO. 08-016
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
SUPPORTING EXTENDED PRODUCER RESPONSIBILITY
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 o f Universal and other waste products determined
to be hazardous and therefore banned from landfills will continue to grow as demonstrated by the
upcoming ban of sharps waste into the municipal solid waste stream or any container used for
recyclable materials, in September 2008; 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;
and
WHEREAS, local governments have no input on the design of the products, make no profit
from the products, and do not have the resources to adequately address the rising volume of
discarded products; and
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, assuming a fifty percent recovery rate, collecting and disposing of products
currently banned from the landfills could cost local jurisdictions in Santa Clara County an
estimated additional $3 million each year; and
WHEREAS, when additional products are declared as hazardous by the State, the burden
to manage these items will fall to local jurisdictions and
WHEREAS, there are significant environmental and human health impacts associated with
improper management of Universal Waste products; including mercury, lead, cadmium and other
toxic chemicals that when disposed of improperly can contaminate water supplies; and
WHEREAS, Extended Producer Responsibility (EPR) is a policy approach in which
producers assume responsibility for management of waste products and which has been shown to
be effective; and
WHEREAS, when producers are responsible for ensuring their 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
Resolution No. 08 -016 2
WHEREAS, EPR framework legislation establishes transparent and fair principles and
procedures for applying EPR to categories of products for which improved design and management
infrastructure is in the public interest; and
WHEREAS, the City Council of Cupertino supports statewide efforts to hold producers
responsible for Universal Waste products and other product waste management costs; and
WHEREAS, the City of Cupertino wishes to incorporate EPR policies into the City's
product procurement practices to reduce costs and protect the environment; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Cupertino
urges our representatives in Sacramento to pursue statewide extended producer responsibility
legislation that will give incentive for the redesign of products to make them less toxic and easier to
recycle, and shift the cost for recycling and proper disposal of products from the local government
to the producer and distributor of the product; and
BE IT FURTHER RESOLVED, that the Mayor of the City Council of the City of
Cupertino be authorized to send letters to the League of California Cities, the California Integrated
Waste Management Board, and the State legislature and to use other advocacy methods to urge
support for EPR legislation; and
BE IT FURTHER RESOLVED, that the City Council of the City of Cupertino will
continue to support extended producer responsibility initiatives and statewide legislation beyond
universal waste to cover areas including other hazardous products, bulky packaging, and items like
plastics and multi- material products that are difficult to recycle; and
BE IT FURTHER RESOLVED, that the City Council of the City of Cupertino support
producer responsibility policies such as leasing products rather than purchasing them and requiring
the manufacturers of products sold to the City to offer less toxic alternatives and to take
responsibility for collecting and recycling their products at the end of their useful life.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino, State of California, this 4th day of Febraary 2008, by the following vote:
Vote Members of the City Council
AYES: Sandoval, Mahoney, Wang, Wong
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: APPROVED:
/s /Kimberly Smith /s /Dolly Sandoval
City Clerk Mayor, City of Cupertino