Implementing Senate Bill 263 February 9, 2017 Craig C. Filip DEQ Materials Management TA 541-686-7868 filip.craig@deq.state.or.us Hello everyone, thank you so much for having me here today. 1

SB 263: Summary of New Requirements Updates statewide recovery goal Updates wasteshed recovery goals for 2025 – all now strictly voluntary 4 new recycling program elements Added contamination prevention component to Expanded Education Element Eliminates the 2% credits 7 New Waste Prevention and Reuse Program Elements Let’s start with a quick look at some the highpoints that we will discuss in more detail next. First, SB 263 updates Oregon’s statewide recovery goal. The state goal was changed from 50% in 2009, to 52% recovery by 2020 and 55% recovery by 2025. It also, revises all wasteshed recovery goals. Each wasteshed chose their own new goal, and these goals are meant to be aspirational and do not have any regulatory consequences for not meeting them. Next, 4 new recycling program elements have been added to the existing list of 9, now giving local governments a list of 13 recycling program elements to choose from for implementation. It also modifies one existing program element, Expanded Education and Promotion, which now includes actions related to contamination in recycling. SB 263, eliminated the 2% credit program, which inflated local and statewide recovery rates if certain waste prevention, reuse, or home composting programs were implemented. In its place are new Waste Prevention and Reuse program elements that are required for some local governments based on their population.

Contamination Reduction Education Plan must determine levels of contamination and take action to reduce contamination Points of Assessment At customer/generators container(lift lids, truck cameras) At point of transfer or material recovery facility Education to reduce contamination At customer/generators (tags, door hangers, invoices) Community wide message (media articles, post cards, newsletters, billboards) This plan requires jurisdictions to assess contamination in curbside recycling programs or at depots and take steps to reduce it. We want to emphasize that this is an education program and not a quantitative evaluation and reporting of contamination. Points of assessment can be at the curb or at a MRF/TS. This can be as straightforward as surveying your local MRF to determine what are the top 3 contaminants and why are they a problem material. Educational materials must include a list of priority contaminants and information on how to recycle or dispose of those contaminants properly. Here are some examples of how you could provide outreach. DEQ is currently working with a group of stakeholders to explore how a jurisdictions might be able to comply with this new rule and we will be creating sample implementation plans to help local governments meet the requirements. This change in rule goes into effect Jan 1, 2018, therefore local governments that choose this element, must have their programs up and running by that date.

New Opportunity to Recycle Program Elements: A commercial recycling program that requires businesses that generate large amounts of recyclables to recycle those materials A food waste collection program for residential customers. A recovery program for construction and demolition debris that separates material for recovery. A commercial food waste program that requires generators of large amounts of food waste to separate the food waste for recovery. As I mentioned, SB 263 has added four new recycling program elements to the exiting list of nine in rule. Now there are 13 recycling programs a cities may choose from to meet Opportunity to Recycle Requirements. Here is just a summary of the elements - for details you can look at the rule specifically. Let’s go over each one briefly. . 4

Changes to Recycling Program Requirements Population Cities within the Metro UGB Cities outside Metro UGB but close to Portland* Cities further from Portland** 50,000+ Add 3 recycling elements Any 8 elements, or first 3 plus any other 4 elements Add 2 recycling elements, so: Any 7 elements, or first 3 plus any other 3 elements * < 150 mi. from Portland No new recycling elements Any 5 elements, or first 3 plus any other 1 additional element ** > 150 mi. from Portland 10,000 – 50,000 Add 1 recycling element, so: Any 6 elements, or first 3 plus any other 2 elements ** > 150 mi. from PDX 4,000 – 10,000 Add 1 recycling element , so: Any 4 elements * < 120 mi. from Portland Any 3 elements ** > 120 mi. from PDX Less than 4,000 No requirements – regardless of distance from Portland No requirements – regardless of distance from Portland In addition to 4 new recycling elements, the number of required elements a local government must implement has also changed. This is based on a city’s population and distance from Portland (the main market destination for recyclables state-wide). Here is a table that summarizes these changes.

SB 263 Changes - The WP&R Elements City or county-wide education and promotion program (plan is required) Residential waste prevention campaign focused on a toxic, energy intensive material or purchasing practice (campaign plan is required) Commercial waste prevention campaign focused on a toxic, energy intensive material or purchasing practice A waste prevention and reuse education program in schools (plan is required) Funding or infrastructure support program for reuse, repair, leasing or sharing activities. Technical assistance program to promote for reuse, repair, leasing or sharing activities Support for local food rescue program Here is a brief summary of all seven Waste Prevention & Reuse Program elements. They were largely modeled after the most effective of the old 2% recovery rate credit programs.

Summary of New Waste Prevention & Reuse Program Requirements Cities of 50,000 population or within the Metro Urban Growth Boundary Cities with 10,000 to 50,000 populations in a county with more than 100,000 populations: All other cities: Must implement 5 WP&R program elements Must implement 3 WP&R program elements No WP&R elements required Can substitute the first WP&R element, plus any other 2 WP&R elements, for any one of the re-quired recycling program elements. So which cities will be required to implement these new Waste Prevention and Reuse elements. This a table provides a summary.

Timelines: Reference: January through December 2017 DEQ Outreach and Education Local Governments – Planning and Decisions Plan Development - Examples and Templates Stakeholder Involvement Throughout The Year January 1, 2018 Program Implementation Reference: OAR 340-090-0040 - Recycling Program Elements OAR 340-090-0041 - Contamination Reduction Education Plan OAR 340-090-0042 - Waste Prevention and Reuse Program Elements