Create Extended Producer Responsibility for Post-consumer Waste Generated from the Use of Tobacco Products

Last updated: Apr 9, 2017

Details about this bill
Category: Alcohol / Tobacco / Guns
Status: Defeated
Sponsor: Representative Lydia Blume, House 3
Session: 128
Bill #: LD 931

Position:

Opposed. No other state has such a program.

UPDATE: The Committee voted unanimously to kill the bill. It is dead.

Summary:

This bill is a concept draft pursuant to Joint Rule 208.

This bill proposes to establish a system under which producers of tobacco products develop, finance and implement stewardship programs to collect, transport, process and safely dispose of post-consumer tobacco waste to reduce, prevent and mitigate the environmental effects of the disposal of that waste in the State.

The bill proposes to:

1. Prohibit tobacco producers or retailers from selling or offering for sale tobacco products in the State unless they are participating in an approved tobacco waste stewardship program;

2. Require a tobacco producer to provide retailers that sell tobacco products information about the producer's tobacco waste stewardship program and information regarding available collection opportunities for post-consumer tobacco product waste. Under the bill, a retailer that sells tobacco products would be required to provide that information to its consumers at the time of sale;

3. Require each tobacco producer to submit a plan for its tobacco waste stewardship program to the State for approval. The plan must:

A. Specify educational and outreach activities and materials that promote and increase awareness of the tobacco waste stewardship program, including but not limited to a website and written materials. The outreach materials must identify options for establishing an effective collection system, promote a reduction in the generation of post-consumer tobacco product waste, identify each tobacco producer participating in the program, identify participating brands of tobacco products sold and identify the processors that manage the post-consumer tobacco product waste that is collected;

B. Establish and provide for the implementation of goals to reduce the generation of post-consumer tobacco product waste;

C. Outline the responsibility for negotiating and executing contracts to collect, transport and process post-consumer tobacco product waste for end-of-product management;

D. Describe how the end-of-product management of post-consumer tobacco product waste that is collected under the tobacco waste stewardship program will use environmentally sound management practices that are consistent with state laws and other relevant environmental rules and practices for ultimate disposal;

E. Establish a timeline for carrying out an annual assessment of the effectiveness of actions taken under the tobacco waste stewardship program;

F. Include an anticipated annual operating budget for the tobacco waste stewardship program; and

G. Identify an effective, convenient system for the collection of post-consumer tobacco product waste that ensures sufficient permanent collection sites and provides for collection events in geographically underserved areas;

4. Establish a process for tobacco producers to amend their tobacco waste stewardship programs;

5. Require tobacco producers to submit annual reports, which must include the volume of post-consumer tobacco product waste collected, an independent financial audit, an evaluation of the tobacco waste stewardship program's funding mechanism, an updated budget, samples of educational and outreach materials, documentation of compliance with collection requirements, a description of activities undertaken to achieve the program's goals as provided for in the program plan and identification of proposed changes to the program;

6. Allow the state agency charged with overseeing tobacco waste stewardship programs to develop a pilot project for a tobacco waste stewardship program;

7. Require the state agency charged with overseeing tobacco waste stewardship programs to establish a schedule of fees;

8. Make financial cost, production or sales data and records confidential and establish a process for disclosure of aggregate information;

9. Require the state agency charged with overseeing tobacco waste stewardship programs to publish by municipality, city or county the total weight of post-consumer tobacco product waste collected; and

10. Establish civil penalties for violations.