City, County & Local Affairs- House Planning Subcommittee

So I'm gonna say >> good morning happy new years to everyone. >> Good morning everyone. All right. >> Happy new years I don't have in the. >> Any opening remarks we have been. Discussion recycling for >> for >> since last meeting so we will continue with that discussion >> you all have you lost his seeing the gender. >> I will now my my co chair here to my vice chair to make remarks if he has any so. He doesn't have any remarks so then we can go ahead and start >> I need a motion to consider approval of the November fifth twenty nineteen >> meeting minutes. Have a motion from representative David fielding all in favor of accepting those minutes they are. Any opposition. Thank you are so overview he was programs the first person that we have up is actually from my county. Alone up here Mr created the this. Is executive director of the regional recycling of waste district for put >> for political a safer place to county with he says my county up please introduce yourself for the record the may. >> Thank you Mr chairman members the committee correct Douglas and serve as the executive director of the regional recycling district in Pulaski County. Reset this opportunity just as a quick refresher. The regional recycling district and Lasky county is one of 19 regional solid waste management districts in the state these districts were established. By then governor Clinton's administration and the Arkansas General Assembly in 1991. With rules and regulations first promulgated in 1992. Of the state mandated mission of the. Lasky county district and regional solid waste management districts is to help protect the public health. And our shared environment. Through encouraging residential customer recycling of marketable solid waste with the express objective of diverting appropriate materials from area landfills. The district implements these activities through the management oversight and administration of private sector contracts in our. Case in Pulaski County. And the public promotion of information and education programs we manage the collection and processing for recyclable solid waste including electronics which is the focus of this committee and tires is in addition to other recyclable right recyclable residential waste the used higher district which we management encompasses 9 counties including Pulaski Salim Faulkner prairie Monroe Lowe no garland hot spring in Clark County is that's the tire program. Yeah I mention private sector contracts to the committee as part of our management and administration duties because we believe in the Pulaski County district our mission can best be accomplished by seeking qualified public minded private enterprise consistent with helping protect the public health and our shared environment while at the same time enhancing economic development and creating private sector jobs in the communities we serve. We were invited to speak to you this morning regarding one of our responsibilities which is the collection transporting and processing of electronic waste. Or as it's called in the industry E. waste. Y. E. waste. Each year since 2015 Americans have discarded or through what are if thrown away electronics including TV's computers office equipment keyboard cell phones each year since 2015 exceeding 9000000 tonnes they've thrown in the garbage they've ended up in landfills. An estimated 6000 tons of the waste in 2018 were collected and processed in Arkansas. E. waste as identified by the environmental protection agency is the fastest growing commodity in the overall solid waste stream. Now the waist represents only 2 percent. Of trash in landfills but it equals 70 percent of overall toxic waste that's the problem. >> The problem >> is that electronic products contain toxic waste that should not be deposited in landfills those items include but are not limited to televisions computer monitors including cathode ray tubes or what we call see our teas that contain 4 pounds of lead in each. Also as part of the toxic waste that is regularly deposited it in that includes lead and other toxic materials is LCD desktop monitors televisions plasma televisions portable DVD players LCD screens desktops laptops note books and tablets most anything that has a hard drive is the waste and contains toxic materials he weighs contains lead mercury and cadmium. Now the Pulaski County district operates in terms of collection had we collect this stuff. We operate 5 green stations located around Pulaski County these drop off locations accept household hazardous waste glass and electronics. The overall growth of the waste as I mentioned to you earlier it's the fastest growing part of the solid waste stream the overall growth of the waste can best be illustrated by the special residential and business collections that we conduct twice a year. Just over 4 days each year's. In 2016 we collected >> 170 >> 7000 tons of the waste over 4 days. That included >> 1000 >> 67 cathode ray tube or see our to CRTs televisions containing let of course just over 4 days in 2017 we collected 200000 tons of the waste and >> 2018 >> 300 and 3000 tons of the waste in >> 2019 >> 3008 tons of the waste it is growing. Our C. R. T. collection which is a is a problem in the waste stream went from >> 1000 >> 67 and >> 2016 2000 >> 469 CRTs and 2018 now it dropped off in terms of our special court are to day for day special collection in 2019 we collected only about 1100 CRTs but that's because we put together a joint collection special separate joint collection program for CRTs televisions and other monitors with the Cyllene county district recycles lean to do 2 things. Number one to try to flush the system out of with the C. R. tease because at some point they will go away CRTs have not been manufactured for 10 years but also to demonstrate that to districts could work together in a joint promotion as it related to electronics we collected over 500 units are 16 tons of CRTs and that one day collection last year in in the middle of a thunderstorm I'm I >> might add >> we're doing a joint collection again this year at the end of this month both in Selena and here in little rock. So that's the problem the problem is growing. State of Arkansas through the department of energy and environment. And the department of members of the environmental quality will begin in fiscal year 20202021 no longer providing grant funding for E. waste programs conducted by the 19 solid waste management districts in the state. The program of the last number of years has been a 2.$5000000 program Pulaski County receives rather roughly 10 percent of that are $250000 a year in grants to conduct the waste programs and when E. waste programs are completely funded the law states that the. Excuse me the districts can use that money for other programs in our instance we used additional money to try to continue to reduce the contamination in run curbside recycling cards which include more often than not electronic waste. We believe that the seeming problem of the state eliminating the uh grant program the waste grant program. We think this can be turned into an opportunity to create a more effective system of the waste capture recycling a and or processing and remarketing. Further I more effective system could provide new products useful to public institutions at a reduced cost. One illustration of that which may have been covered at the Mister chairman at the first meeting of the committee was we work with esco recycling in processing and in Rogers headquartered in Rogers will also with an office and warehouse here. N. S. go a couple years ago through their collection of tablets iPads Chromebooks we're able to refurbish the the iPad's scrubbing the hard drives reinstalling then cleaning them up and they sold over 1000 refurbished tablets to a public school district in California at a significantly reduced cost that is just one example >> of how >> E. waste collection and re processing could benefit public institutions I would dare say that that public school districts in Arkansas with our increased focus for the the governor's increased focus on computer coding >> you need you need the heart you need the the >> the hardware as well in the form of tablets and through a systematic re re working of the collection and recycling of electronic waste including computers not just tablets but also desktops and laptops we could be providing >> more >> products like this on this desk to school districts at a significantly reduced cost that's just one example. So I have outlined in your packet believe it's. Exhibit D. one we have outlined 18 sorry for the length but 18 steps that could be considered by the committee and your colleagues in the General Assembly to put together a statewide or super regional E. waste program I won't go through all of those steps they are a first effort but I'll be happy to to answer any questions about any of my remarks on the waste in general the problem the fact that it's growing and the opportunity quite frankly to use the situation that the districts find themselves in to use that as an opportunity to create a more effective collection and recycling and re marketing program. Thank you Mr chairman. >> Members you heard the presentation by Mister Douglas are there any questions. Are there any questions okay Senator right you recognize thank thank you Mr chairman sure you know a lot of people upgrade their computers vote calls they're actually out dated. And I just wonder if that. Would be a problem at all because if you she after that to another place that actually could use those. Do you think in a lot of cases or someone was having to throw one away are you now because it was that day did you think that maybe if it went over to another you said it could be of use >> thank you could be of use to be use because mostly what is out dated on a piece of electronic equipment is the hard drive. >> Esco are >> the the contract that we administer with esco they take. >> The product like this >> they remove and reinstall hard drive the rest of the machine >> is >> perfectly capable of operating so it has a whole new hard drive it doesn't have any of the memory >> of the previous user >> so it's like a brand new machine. >> 5 you recognize. Thank you Mr Mister Douglas. The CRT what is the cost on to process CRT >> we currently are over the last number of years we have paid S. code $10 for every C. R. T. that we've collected because it costs them to do that that's been >> part of the >> part of the way we have use the the grant money now we have just re negotiated our contract with this go >> of where the >> CRTs will cost us $8 instead of 10 and hopefully the C. R. T. collection will start to decline we haven't seen it yet but it's got to at some point. >> Follow up please follow up thank you Mr. Also. On the. On the cost. You said you had around 2 and $50000 how much is that is spent on recycling you waste of that money and. >> The actual recycling costs which includes the CRTs through processing through our green station personnel the fees that are collected in terms of collection at our special collections at the arena now the Simmons arena our equipment repair because we do have trailers at our of 5 green stations all of that cost us roughly $6170000 a year that we have had some carryovers in the previous years from the grant programs which we have now used the board our board has approved the use of that money to try to reduce contamination in the curbside retire recycling cards which includes electronics and this it in if I could comment miss German one other thing the this time of year as we sit here today this is the time of year when he waste explodes because of all of the marketing and the seasonal purchase of new televisions new computers new phones in the in quite frankly in the holiday season so our collection at the end of this month for see up for see are not only CRTs the televisions and monitors and then our special collection in April we will see we will see an increase probably upwards of 350000 tons of the waste. >> Would you indulge me >> and that's and that's just Pulaski County I'm sorry. >> I will I will and does she okay. Okay you know one of the issues with he waves if if if the state was this in the way somewhere in the be esposo of improperly then we would be allowable now esco is S. go certified >> yes Sir S. code and I and I can't the take off all the certifications but they are a certified the recycler they are certified Microsoft recycler all of their work is done at their plant in Rogers a been the plant several times it's an impressive operation it's in the old days the B. B. factory and BB gun factory in Rogers it is an impressive operation and through their marketing program I mentioned to you that we believe that a statewide or a super regional program could be put together that would be have at no cost eventually at no cost to the state or the consumer because of esco and I'm sure others ability to re market the product make a profit and make the system work now we'd have to see that's why we outlined at least 18 steps on a program that we think could work but you know you tweak as you go all. >> Thank you Mr represent of letting me recognized. Thank you Mr chairman of Mister Douglas you talk about redoing your contract recently yes are there a number of processors out there or you limited to one or 2. What's the availability of people they can process is are there are there a lot of >> there there has been over the years a federal program operated operated by the the the US department of of of prisons in Texarkana quite frankly we have found >> that the >> the collection and the recycling processing of of of that group to be inferior to asco it is a it is a simple situation I think >> of >> esco has a as a private industry as a private business has an incentive to do it right >> this call profit >> we understand that if you don't have a profit motive in private business. You may not be encouraged to do certain things the way they ought to be done for your go out of business the contracts that we regularly administer through our if these are of cues people who have to qualify we make sure that that they are solid businesses operate appropriately and and they they have been in business for awhile and they grow >> because they do it right. >> And that's our experience with us go >> so far. Well a please. Follow up thank you. So when you talk about super regionals I I apologize ahead read your plan here yet maybe Senator but just question it do you see are or have you talked about. Possibly doing this in house is that a possibility or with this always be established processors that you would use to do this recycling. >> It's been our experience so far that using. Putting together appropriate are if these are if cues allowing you know folks to make presentations and in the instance of these ideas that I've mentioned to you briefly where it would be ultimately a self sustaining program we believe private industry does that better than we do. Thank you hands and at the same time >> they create private sector jobs. >> The the mission of recycling and private enterprise is not mutually exclusive in our >> opinion. Thank you thank you Mr >> all right what >> of members we're gonna try to move for because I'm not trying to have you >> here >> was saying close to 11 or so so I think we have 3 more presentation so if you can hold your your presentation about 10 to 15 minutes that would be good because I know we're gonna have some questions so when we're gonna try to do it so the next presentation is miss 20000000000 she is executive director of been county solid waste issue. Okay is someone gonna sis miss our okay. He's one of the microphones please. And just in the this recognize yourself for the record I think you'll have to hit the green but it is not on. If I'm when the plan I'm the director of been county regionals always management district and I appreciate the opportunity to come in and tell you about are you please program this morning I appreciate also that of crack had you gone over all the history and things and that'll make it a quicker obviously for the rest of us a so you have our presentation before you as well and just real quickly we are the only entity and and county that pro currently collects from the public on a large scale and of working through the municipality's we took that over in 20141 all of the cities in the county does continue their own programs in favor of the district ram program and so we do provide that collection on behalf of all the municipalities in the county the primary mechanism that we utilize to collect is called convenient Senator similar to the green stations that plastic county house we have 3 of those collections Senator scrubbing county they do as as cracks facility as well does we collect numerous items at those locations in the west as 1 of the collection items there we have those services available year round currently that services available Tuesday through Saturday at 2 of the locations and then at some springs is open 2 times a month because of it was a it was a lower. Collection volume at that location real quickly on the commute Senator program the county and the district to share some of the expenses not related to the electronics but to related to the salary for the program we do the county does reimburse the districts are the district for one of the attendance salaries and we have 3 total attendance and then we have. They also paid you know set some certain portions of various other items there. There are several other options available as well we do collect from the business community as well for free right now our board has provided the opportunity for businesses to recycle up to 6 palette loads was approximately 180 pieces of electronics per year at no charge and if they have additional materials there there would be a charge for those we also provide curbside collection program for any citizens are unable to transport their item to the district. One of the district's facilities we do charge a $40 fee for the click transportation and collection of that not for the disposal costs but for the actual collection of that and that's a flat fee that we charge no matter what the bulky item is if it's a refrigerator or you know whatever but it's a fee just for the the cost of picking it up and then we also partner heavily with the municipal clean ups and we will provide the trailer speak you know the various trailers that are needed during throughout their clean up and we provide the transportation for that as well. We do use 2 different processors we currently use both escort asco annual core unicor has been our primary location since about 2014 they do not charge for the items that they accept now they don't they did this continue C. R. T. processing and 2019 and they do provide free transport of that material they are also a certified as a response for recycling which is our 2 and as a that there's only 2 certification programs for E. waste Senator are recognized nation are even globally and those are the are to certification in eastern words escalate believe may also be certified as are too but they there in addition to that there also eastward certification and they're just 2 different types that Easter it's in the industry Easter is is considered 1 of the better or that the better version of it it's it is more astringent on some of the various requirements so unicor is a certified recycle or they don't they're not certified to the standards level the. Esco does charge are district $0.25 per pound for all materials that we deliver there currently we only take them are CRTs for processing and we still continue to use unicor to process the rest of the materials that that they're able to accept we provide our own transportation to as go as well. During the last 3 years of these these figures are for the last 3 years only as far as cost during the last 3 years are district a spent $190000 on processing of electronic waste and that has been 817 tons of material collected over the last 3 years you'll notice that the percentage of tons that we've sent to each the facility and then the percentage of fees that we sent each facility there as well. On the grant funds 1 of the questions that was asked of us for this presentation was to talk to you about how we've utilized the grant funds that have been provided through the various the ways programs throughout the history of our district from 2005 to 2019 our district at through various grants and and I can go over some of those entity a you know it rations at that something that you need to know or would like more information on but we've received in the total 1.$4000000 during that 10 year period I'm sorry 14 year period our board does conduct and has always conducted an annual grant round it for any grant funds are distributed us this applies both to the computer anyways grant funds that are are um distributed to the districts as well as the recycling grant funds and so the elected officials in our area that serve on our board are the ones that decide what projects are funded and they prioritize those the funding of those various projects and applications based on what will will bring in the biggest impact on the recovery recycling of electronic waste our board does approve a budget for each of those projects and they also review the quarterly financial reports there there is local oversight from all of our elected officials as well and as you already know every district is required to have an annual audit by certified auditor independent auditor and so those audits are also then re evaluated by a legislative on it. I just want to let you know I know there's been some discussions about whether or not the districts have utilized these funds for the appropriate purposes in our district no electronic grant funds have been used for anything any project that did not directly impact our ability to be able to collect them and recycle electronic waste and I've got further information for you on specifics about how we've expanded the funds these are that the dollar figures in in case you wanted that the no to delve into that further I can provide you detailed information as well we do so we have spent your your today 8 I'm sorry as of 930 we had spent 1.$1000000 of the fun of the 1.4 that we have been distributed over the the course of time we have to an 80000 currently on hand in is correct did indicate that was the last full funding of the like tronic ways grant funds we or see the last full funding and 2019 for the 2020 fiscal year of of the state in 2021 the districts will receive the last distribution which will be about a third so in you know all the previous years there have been 2.$5000000 distributed statewide next year according to the information that we receive from 80 Q. there's only about $800000 to distribute statewide and so that'll be about a third of what each district had gotten in the past and that'll be the final payment of any of the grant it was great bindings. Here's a breakdown of how we've utilize the grant funds as you'll see we have utilized 37 percent on labor and the other the other biggest chunk is on the processing we do currently receive free processing on all other materials besides the CRTs and so the CRTs are um you know the most expensive item to refer to recycle. Our results of our collection in this is only a 3 year snapshot of of our collection and if you would like further information over the whole course of the week program we can definitely provide that as well but just in 3 years we collected at 1.6000000 pounds of electronics which is 806 tons we collected it we actually track a by peace through the Camino Senator program is so we know that we collected in those 3 years 50000 pieces of electronics and that is equivalent to hundred 30 for the weight of 134 African elephants just to give you an example of the comparison of the volume of the ways that we collected as Greg mentioned we have not we to we also tracks the R. T. volumes our percentage of C. R. tease has not decreased in the last 3 years whatsoever we are we are holding still steady at about 60 percent of our volume is C. R. T. wait obviously those are are very heavy items and and so even though they have been you know manufacture 10 years there's still a lot out in the communities and so we are doing everything we can to to get those brought in the environmental benefits just to let you know I I know that you understand the value of recycling for resource recovery but there's a lot of reasons to recycle environmentally as well and so I just wanna let you know about some of the benefits positive benefits of on the environment as well for for is recovering that electronic waste and I don't I know that you had ask great I'll just let you know about our annual expenses we spent about $145000 total between labor and processing on R. E. waste program that does not include you know that the other supplemental costs such as fuel for we don't transportation and things like that equipment for transportation some of those items as you'd seen on my list of expenditures of a we've purchased infrastructure items over the the past 15 years including trailers. Is a semi trailer for transportation honorable trailers forklifts for processing so there's a lot of infrastructure that the state has already put out the money on over the course of the easy ways grants that if this is turned into a private entity process all of the infrastructure that has been built over the past 10 years of these grants will not you no longer be utilized for that purpose which is you know well all the districts provide other services as well and so it it's not that those those pieces of equipment that infrastructure would be utilized for something else possibly but it's it's likely that some without a quote will no longer be you know valued for the the purpose that was originally purchased. Sorry. >> All right members first I want to say thank you for your for your presentation it shows me how we how plastic county stacks up against others and I like to Tuesday to >> Saturday. >> Rob create. No well >> sorry about that >> thank you for you please tell you >> Aussie rules >> representative hokum has a question so you are recognized Sir. Thank you Mr thank you Mr blame for the prestigious real quick I want to ask you about the curbside pick up you said you pick a Boca Adams and the waste how how much your curbside Pete pick up is the waste do you have any idea. >> Honestly our curbside is not very well utilized because when we tell people if you can haul it to us it's free but if we have to come pick it up at $40 typically they will find somebody in their family or their church community or something to bring it to us for them and so we we don't do I think we we do only do about 15 bulky pick ups per month and of those it's probably only about a third of those would include an electronic item typically folks can get an electronic item in their vehicle and and bring it to appreciate thank you Sir thank you. >> We have Senator hammer you recognize thank you Mr for let me ask one question are you you heard the presentation prior to you is there any opposition from your entity with regards to the the electronic waste plan that was proposed just before you >> we we actually I've never seen that plan that was the first we've heard of it today so I I apologize I'm not well versed on what the plan might be I know that there has been you know the committee has been looking through the eyes Pae process at the privatization of electronic waste Arlie concern about that is that yes I that's true that private entities do have a the. A goal of profit and so that that you would think that that would drive them to provide the service state wide our view is if that were the case they would already be doing that if it was actually profitable you know process there's no reason why the state needs to find a a private entity to to do that so I guess I guess there is opposition from that point is that if private if it were actually profitable and reasonable for private entity to do that I I believe they what are you doing that state wide and they're not so that does concern on us our staff and our and our board as well the other issue is public service the community service our customer service aspect of it we in prior times we've had you know private entities run various programs for us in the customer service was not adequate and so that's one of the the concerns of our board as well as just that their constituents as well as your constituents would be receive the adequate amount of service and and customer service >> thank you Mr >> SR >> represent a fine you recognized is thank you Mr. Yes Mr bland you were talking about the the CRTs do you charge people to take 3 are >> we do not right now Sir okay >> and I me drop all spots do you have for lebron >> we have 3 full time or I'm sorry we have 2 full time so Tuesday through Saturday all year long and then every month asylum springs we do 2 days a month 2 Saturdays a month that silence brings as well okay in the district operates these yes we operate those with our staff >> okay. One of the question that I had here if you'll give me a moment here let me flip back to my notes. Okay your your talk about used to different of of a company's right now to recycle your your a wife >> yes >> I can use one this >> all. >> At the other end of the state >> it prior to 2015 we used asco for our processing in our board it does continue using them because of their business practices we had a signed contract with them at that provided are district with service in exchange it you know for providing them with materials that they wanted to receive at that time once they started questioning that the amount of money that they should be collecting they thought I guess from our district Mr burns who is the president of asco notified me that they would no longer accept our material under our existing contract and basically in essence attempted to extort our board into being forced into signing an agreement with them to go from not turning us anything to go to $0.20 a pound per items. And I understand let markets probably change are some things that happened I don't dispute that it whatsoever what I do dispute is that we had assigned legal agreement with them and they refused to honor that they were in breach of our contract they breach our contract and refused to receive our material and our board chose not to use them for as arming process or any longer >> and one other question please click here. And were you there in 2014 when I okay when they took the city's obligations over the district the citizen casts okay and 2015 the waste funding was shut off >> yes >> what was the thinking at that time when they shut off the waste binding knowing this study's coming to where there would not be money >> I think the the was hunting was actually terminate and 2017 session >> no 2050. >> Okay so our our board is is very knowledgeable we we used up not happy with grants obviously we've been you know around long enough to not have had the worst grants as well and so during that time we did charge citizens of fee per drop off in our board has indicated to us that their direction will be to reestablish charging citizens if if there's no funding state funding available any longer our board has indicated that they will start charging you know have a start charging the citizens again we charge $3 an item before and that's what the board said that they would want to re implement up beat and what they would do is a staggered are staged increase of those fees if if needed so we would begin and and you know that is our plan now with no longer having that grant funding available is that we will go back to charging citizens of the. >> Mr might have no other questions. Our. Senate a hammer you have question the measure. Refresh my memory were you the young lady was presenting in the executive committee here a couple weeks ago asking for which all came in as for the emergency rule on >> yes that's correct >> okay so can you give me just or give us just a updated where we are because that that's on emerge you roll bases so can you just give us an update for where you are today. >> On the emergency rule >> I'm just the roll and try to work out the resolve the issues up in that area >> quite frankly Sir I doubt that the issues are going to be resolved just between the 2 boards the there on polar ends of the of the view of what should be done and so I'm not sure that there will actually be you know a final just amicable solution just locally >> some is 0 homes for all of us that do not know what the emergency rules what was the emergency room >> as probably many of you know because it's been going on for numerous years in 2011 and the state law was changed about waist assessment be set districts could charge related to Seoul huesos generated within those districts the state law there was elated didn't addendum amendment to the bill that had we had previously supported up to that point there was a late amendment to the bill right at the end of the session that allowed that if waste is collected in 1 district and hall to another district for disposal that the receiving district to take half of the districts of the fees call you know collected from the other district without providing any of the mandated services so in our view the law is flawed and we believe it creates an unjust enrichment of the receiving district the receiving district that does not own the land fill even if they did they could charge tipping fees you know to to cover any of their actual expenses so so in our opinion and and this is what we've been battling over in the in a lawsuit since >> 2016 >> is that the law creates an unjust enrichment of the receiving district because by state law in order to receive those west assessment be the district house provide household hazardous waste collection recycling you know including bulky recycling as well as environmental enforcement and so >> we >> are district is responsible for all the expenses of that >> and >> but yeah we can only keep half of our fees >> so >> so we've been battling that their the court system of the court we it's gone through the court of appeals process now we've got it at the Supreme Court of the state >> are locally >> you know this occur for the judge found that yes it created on just restaurant the court of appeals overturned or not overturn but >> a reverse that >> decision and now it's at the Supreme Court for >> for ruling >> on 2 different aspects on the under Surridge 1 aspect and on and constitutionality aspect so basically what the court of appeals said is that this is a legislative issue that needs to be fixed at the legislature in so they would not >> you know.