2021-08-25 EMC Agenda item 5-b(1) - Final-PSRWG-Report-to-Leg

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On the disadvantage side, counties are the unit of government closest to people. A statewide standard may inhibit the flexibilities that accompany home rule. More importantly, the four counties have very different demographics and tax bases. Having different recycling capabilities and waste management systems makes complete uniformity difficult for counties to achieve. a. The new standard must be evolutionary and grown slowly. Discussion All the counties have laws and initiatives to reduce plastics but are proceeding somewhat differently. This means implementation of a state standard must proceed slowlyand carefully with the Legislatures help. This would allow the counties to slowly harmonize their influence on consumer behavior and achieve greater waste reduction, reuse, and recycling implementation. This has two implications: First, the State must workclosely with all four counties to coordinate efforts and slowly raise everyones capacityina networked manner. Second, as part of the passage of a state standard, the State must be prepared to make financial investments in the ability of all four counties to meet a new standard. b. The new standard should start as a policy and evolve to law or provide adequate time for affected entities to implement the new standard. Discussion Commencing a statewide standard has advantages and disadvantages. As law, it creates real uniformity, binds future leadership, and capitalizes and perhaps accelerates the statutory target law. Statutory target laws lack implementation plans and only have due dates. They require baselines and can motivate implementation (e.g., By 2030, plastic disposal shall be reduced by 50% based on 2020 disposal rates). Laws can also provide a framework with clear direction on how to achieve said goals (e.g., By 2025, the law shall prohibit retailers from distributing plastic carryout bags. Plastic carryout bags are ). These laws will likely require further refinement through the development of rules, in which case, the implementing agency will require the authority to develop rules. Policies are more flexible, may have shorter lifespans, and demand less commitment. They may be more vulnerable to the whims and tides of politics but may better accommodate important county differences. For example, each county has its own integrated solid waste management plan but manages waste very differently (e.g., County of Hawaii does not have curbside collection). Given the varying demographics, full uniformity is unlikely. With a state policy, counties may develop their programs with said guidance. Issuance of policies are not legally enforceable, but also will not require financial support by the legislature to provide or implement. Finally, if a new standard is made into law, uniformity and enforcement will be required. The implementing agency will also require authority to enforce and issue penalties. As with any new program, positions and appropriations will be required for State implementation. 6