In 2007, the Number of solid waste and recycling bills introduced on the state and federal levels increased slightly from previous years, as did the amount of such legislation signed into law. Overall, though, last year was another relatively quiet one for waste-related bills.

Why has interest in garbage and recycling legislation been fairly flat in the last five years? Largely because most legislators believe we have solved our solid waste problems. Still, lawmakers and their constituents have placed a sense of urgency and importance on several “green” waste-related issues, such as the recycling of used electronic products (e-waste), the theft of recyclable metals and climate change. Industry members can expect significant legislative activity on these issues in 2008.

Recycling

E-waste was the most debated recycling issue last year and will be the biggest issue this year. Twelve states now have e-waste recycling laws; that's twice as many as two years ago. Five states (Connecticut, Minnesota, North Carolina, Oregon and Texas) enacted variations of “manufacturer responsibility” laws in which electronics manufacturers are held responsible for recovering some of their electronics products for recycling. New Jersey passed a similar law at the beginning of 2008. Oddly, two of the states with e-waste recycling laws don't actually require recycling; they simply ban the products from landfills.

Because almost one-third of our country's population now lives in states that have an e-waste law, the pressure is on Congress to enact national legislation to replace inconsistent state laws. Key House and Senate staffers are now working on such legislation. If they can come to an agreement with the manufacturing and retail industries, the legislation has a good chance of passage.

Scrap metal theft, plastic bags and container deposit legislation were other prominent issues for recyclers in 2007, and are likely to be equally big this year.

High prices for scrap metals have led to a surge in the theft of metal products that are still in use, such as utility poles, air conditioning units and copper gutters. As a result, state and local governments that didn't pass laws last year to rein in these thefts will be debating how to stop these crimes.

Solutions such as making recyclers retain scrap metals for a period of time before selling them or forcing them to fingerprint the people who bring them the materials are intended to make it harder for thieves to sell scrap. They also may play havoc with a recycler's ability to purchase and move legitimately acquired material. Materials recovery facility operators will need to ensure that such measures are not applied to used beverage containers or other metals normally collected in curbside recycling programs.

In addition, San Francisco, New York and Los Angeles are among the cities examining ways to require plastic bag recycling. Local officials are tired of litter and are motivated by environmental concerns over the amount of plastic in the ocean. The impact of these local laws, however, has yet to be seen.

Also in 2007, several states debated extending container deposits to water bottles. Only Oregon did so, but look for more of the 11 states with container deposit laws to consider expansion in 2008.

Climate Change

In late 2007, the U.S. Senate Environment and Public Works Committee passed S. 2191, also known as the Lieberman-Warner climate change bill. This legislation, the first climate change bill passed by a congressional committee, would place a declining emissions cap over electric power generators, and transportation and manufacturing sources. It also would establish a program allowing companies to trade, save and borrow emissions allowances, and to earn credits (also known as “offsets”) when they induce sources not covered by the legislation to reduce their greenhouse gas emissions.

Solid waste and recycling operations are peripheral to this bill. However, five provisions directly or indirectly address this industry. These include offset provisions for manure management and disposal; offset provisions for landfills; a U.S. Environmental Protection Agency study of the greenhouse gas emissions involved in making products with recycled content; grants for waste minimization and recycling programs; and a study of the greenhouse gas emissions of alternative fuels made from a number of sources, including separated food and yard waste.