ELECTRONICS PRODUCT STEWARDSHIP
MODEL STATE LEGISLATION
Model A: Performance Goals
March 26, 2003
THIS DOCUMENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. AS
A POLICY, THE PRODUCT STEWARDSHIP INSTITUTE DOES NOT LOBBY OR
ADVOCATE FOR LEGISLATION.
Title: Product Stewardship for Consumer Electronics
Preamble
Managing used electronic products is the most rapidly growing waste problem in the world due to
the proliferation of electronic products combined with their rapid obsolescence. A 1999 study by
the National Safety Council estimated that more than 20 million personal computers became
obsolete in the United States in 1998, but only 11% were recycled. The report further estimated
that 60.7 million computers would become outdated by 20041. Electronic wastes contain toxic
substances, including lead, mercury, cadmium, copper, lithium, brominated flame retardants, and
phosphorus. When disposed as municipal solid waste, these toxic materials can be released to the
environment as leachate from landfills or as air emissions from waste-to-energy facilities, posing
an immediate threat to human health and the environment. State and local governments have
neither the existing infrastructure nor the necessary funds to properly manage these used
products.
In response to this situation, the Product Stewardship Institute, with input from its state and local
government agency members, has developed three different legislative models for consideration
by its member states. Model B would establish an advanced recycling fee to be deposited into a
trust fund managed by a private corporation, while Model C would establish an advanced
recycling fee managed by the state. This model —Model A – would place responsibility on
manufacturers to provide collection systems, transportation, processing, and management for endof-life consumer electronics. It also requires that the collection systems set up by manufacturers
recover at least 2 pounds per capita of used electronics, and recycle at least 65% by weight of the
non-reusable, recovered materials, within four years of the effective date of this legislation.
These recycling and recovery goals will be adjusted periodically as program experience and
advances in technology enhance program efficiency. Within eight years, the goal is to collect
80% of the end-of-life electronics available for recovery, and to recycle 80% of recovered
materials.
1
Electronic Product Recovery and Recycling Baseline Report: Recycling of Selected Electronic Products
in the United States, National Safety Council's Environmental Health Center, Washington, DC. May 1999.
Definitions
“Consumer” means private households and conditionally exempt small quantity generators as
defined by RCRA [or by the state hazardous waste law if the state is authorized by the U.S. EPA].
“Design for the environment” for electronics as defined in this legislation means designed for
energy efficiency, manufactured with reduced toxic constituents, and a significant reduction of
toxic materials used in the manufacturing process. It also includes electronics manufactured using
recycled content and/or remanufactured parts, electronics designed for efficient disassembly, and
the labeling of plastic and other components for composition identification purposes. Design for
the environment also considers electronics that are easily upgradeable, designed for long life, and
use reduced packaging.
“Electronics,” for the purposes of this bill, are computer monitors, central processing units
(CPUs), laptop computers, and televisions. [Option: Other electronic products that might be
added to the definition of “electronics” include keyboards, mice, computer speakers and other
peripherals, copiers, facsimile machines, telephones (including cell phones), answering machines,
VCRs, DVDs, and handheld computers.]
“Historic wastes” are electronic wastes resulting from products that were manufactured and/or
sold prior to the passage of this legislation.
“Manufacturer” means any person who, either as of the effective date of this legislation or
thereafter, and irrespective of the selling technique used, including by means of distance
communication: a) manufactures and sells electronic equipment under its own brand; b)
manufactures and sells electronic equipment without affixing a brand, c) resells equipment
produced by other suppliers under its own brand and label; or d) imports or exports electronic
equipment into the state.
“Processed” means the removal and separation from consumer electronics, and management
according to existing state and federal regulations, of batteries, printed circuit boards, toner and
ink cartridges, plastic containing brominated flame retardants, cathode ray tubes, liquid crystal
displays of a surface greater than 100 square centimeters (15.5 square inches), mercury
containing lamps, mercury containing devices, copper wiring, lead solder, and external electrical
cables.
“Recycling” means the use of previously manufactured materials including metals, glass, and
plastics in the manufacture of new products, but excluding the use of combustible waste as a
means of generating energy.
“Reuse” means any operation by which electronics or their components change ownership to be
used for the same purpose for which they were conceived.
“Visible fee” means a fee that is added to a product at the point of purchase and is identified
separately from the product price, thereby making the cost “visible” to the consumer. An
“invisible fee” is one that is included in the product price but not visible to the consumer.
Product Stewardship Institute
Model A – State Electronics Legislation
March 26, 2003
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Actions
Within four years of the of this legislation, manufacturers must have a system in place and
operating that is collectively recovering 2 pounds per capita of all brands of end-of-life
electronics. At least 65% by weight of materials from non-reusable recovered electronics must be
recycled. The cost of managing end-of-life electronics may be passed along to consumers as a
visible or invisible fee on the purchase of electronics. There may not, however, be any end-oflife fees assessed by the manufacturers.
Manufacturers must provide and promote strategically located fixed collection sites to serve
urban and rural populations. Collection sites may include electronics recyclers and repair shops,
recyclers of other commodities, reuse organizations, municipal recycling centers, or retailers.
Very rural areas (without commercial centers, non-incorporated communities, or widely dispersed
population) may be served by collections at the nearest commercial centers where electronics are
sold or by mail-back systems. Fees may not be charged to users of mail-back systems.
Every manufacturer of electronics is required, no later than one year after the effective date of
this legislation, to submit a management plan to [INSERT NAME OF APPROPRIATE STATE
AGENCY] that clearly states how it will achieve the targeted state recovery and recycling rates
for its own brand of consumer electronics at end-of-life, or demonstrate to [INSERT NAME OF
APPROPRIATE STATE AGENCY] that it will participate in a collective plan with other
manufacturers to achieve a 2 pound per capita recovery rate and a 65% recycling rate for all
brands of end-of-life electronics. Every manufacturer that chooses not to participate in a
collective management plan with other manufacturers will be held accountable for recovering a
percentage of the 2 pound per capita recovery rate, based on the manufacturer’s market share of
sales for the previous 10 years for televisions and the previous 5 years for computers, and
convenient, strategically located fixed collection sites to serve urban and rural populations. New
manufacturers entering the market after the effective date of this legislation are required to submit
a management plan within one year of company start up or demonstrate to [INSERT NAME OF
APPROPRIATE STATE AGENCY] that it will participate in a collective plan with other
manufacturers. The management plan must contain the following elements:
1) A description of the performance measures to be used and reported by the manufacturer
to demonstrate that the collection system is meeting capture rate targets, recycling goals,
and other measures of program effectiveness;
2) A public education program to inform the public about the purpose of the collection
program and how to participate in it;
3) A description of how the state targeted recovery and recycling rates will be met;
4) A description of the collection system, including identification of the points of collection
and an analysis of how it will satisfy the requirement that it be “convenient.” Criteria by
which convenience will be determined include, but will not be limited by, travel distance
to the nearest collection site, hours/days of operation, and ability of collection center to
handle the flow of products and traffic in an efficient and timely manner.
5) Annual sales data and market share for televisions sold in the state for the previous 10
years, and sales data and market share for the number of computer monitors, central
processing units (CPUs) and laptop computers sold in the previous 5 years; A plan for
implementing and financing the system;
6) Documentation of the willingness of all necessary parties to implement the proposed
collection system, and assurances that all take-back and management will operate in
compliance with all applicable state and federal environmental laws;
7) A description of additional or alternative actions that will be implemented to improve the
collection system and its operation in the event that the program targets are not met.
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Model A – State Electronics Legislation
March 26, 2003
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The [INSERT NAME OF APPROPRIATE STATE AGENCY] will review management plans
and notify the manufacturer of any necessary modifications within six months of receiving the
plan. The [INSERT NAME OF APPROPRIATE STATE AGENCY] retains the authority to
make periodic adjustments of electronics recovery and recycling goals based on best available
management systems and existing data, and to add additional products to the system. (Option:
The [INSERT NAME OF APPROPRIATE STATE AGENCY] will recommend to the legislature
additional products to be included in the system.) Within six months of the passage of any new
recovery and recycling goals, any manufacturer not meeting the new goals must submit a revised
plan to [INSERT NAME OF APPROPRIATE STATE AGENCY] describing the procedures by
which it will comply with the new goals.
The [INSERT NAME OF APPROPRIATE STATE AGENCY] may adopt rules and regulations
for the purpose of administering this act.
Manufacturer recovery and recycling plans may also be amended if and when federal law, or a
combination of federal laws, establishes a national electronics management system that results in
the sunset of this statute. Authority is granted to the [INSERT NAME OF APPROPRIATE
STATE AGENCY] to determine if federal laws meet this criteria and recommend to the
legislature if manufacturers no longer need to report to the state.
Reporting
No later than two years from the effective date of this legislation, and each year thereafter
(option: “and every other year thereafter”), the manufacturer, or the entity that has been
authorized by the manufacturer to implement the plan on behalf of the manufacturer, must submit
a report to [INSERT NAME OF APPROPRIATE STATE AGENCY] on the effectiveness of the
plan implementation. The report shall include, at a minimum, the market share and number of
electronics sold in the state during the previous calendar year, an estimate of the number and
weight of end-of-life electronics collected in the previous year, the capture rate for electronics
based on state sales, the percentage of collected materials that are reused and recycled, the results
of other performance measures included in the management plan, the end markets for all
constituents of the recovered electronics, and such other information as the State may require.
The manufacturer may indicate which, if any, portions of the report it considers proprietary and,
if the [INSERT NAME OF APPROPRIATE STATE AGENCY] concurs that the information
meets state legal requirements for confidentiality, those sections of the report shall not be made
public.
If the manufacturer does not achieve the level of performance established by the State-approved
plan, the report must contain an explanation of why these performance goals were not met and
propose an amendment to the plan to modify its strategy in order to achieve those goals. The
reports shall be made available to the advisory committee and the public by the [INSERT NAME
OF APPROPRIATE STATE AGENCY], subject to the condition of confidentiality stated above.
Free Riders
All manufacturers of electronics, including those that sell equipment by means of distance
communication, must comply with the requirements set out in this legislation.
Advisory Committee
A multi-stakeholder electronics advisory committee shall be appointed by the Governor to
oversee the electronics recovery and recycling program. The advisory committee shall review
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Model A – State Electronics Legislation
March 26, 2003
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annual reports from manufacturers, advise the [INSERT NAME OF APPROPRIATE STATE
AGENCY] and the State legislature annually (Option: biennially) on necessary adjustments of
program recovery and recycling goals based on best available management systems and existing
data. The advisory committee may recommend additional electronics products to include in the
system, any necessary changes to the State solid and hazardous waste regulations as a result of
this system, and impediments to recovery, refurbishment, and recycling of electronics. The
committee shall consist of a twelve-member advisory committee appointed by the Governor [or
INSERT NAME OF APPROPRIATE STATE AGENCY]. The committee composition shall
include two representatives of electronics manufacturers; two representatives of electronics
recyclers, processors or refurbishers; two representatives of local government; two
representatives of public interest or environmental organizations; one representative of electronics
retailers; one representative of the waste management industry; and two at large members
representing the general public. Each member of the committee shall serve at the pleasure of the
appointing authority. The initial meeting of the committee shall be at the call of the Governor [or
INSERT NAME OF APPROPRIATE STATE AGENCY], and the committee shall thereafter
elect its own officers and meet at the call of the chairperson or any three members. The
committee shall receive administrative support from the [INSERT NAME OF APPROPRIATE
STATE AGENCY], which shall provide appropriate staff and facilities as needed by the
committee. The members of the advisory committee may be reimbursed from funds appropriated
or otherwise available to the [INSERT NAME OF APPROPRIATE STATE AGENCY] for their
actual and reasonable expenses incurred in performing their duties as members of the committee.
Third Party Organization
This act allows manufacturers to establish or join a third party organization to meet the
requirements of this act on behalf of the individual manufacturer.
Disposal Ban
Non-processed consumer electronics cannot be disposed in municipal solid waste, beginning the
fourth year from the effective date of this legislation.
Procurement
All vendors of electronics to [INSERT NAME OF STATE OR LOCAL JURISDICTION] must
provide take-back and management services for their products at the end-of-life and must be in
compliance with all the requirements of this act. The bidder must provide assurances that all takeback and management services will operate in compliance with all applicable environmental
laws. Purchasing preference will be given to electronics that incorporate design for the
environment.
Anti-trust
Manufacturers or an organization of manufacturers that participate in the system prescribed in
this act are immune from liability under state anti-trust laws, restraint of trade, unfair trade
practices, and other regulation of trade or commerce for activities related to the collection and
management of products required under this section.
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Model A – State Electronics Legislation
March 26, 2003
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Enforcement
Manufacturers failing to provide the management plan approved by [INSERT NAME OF
APPROPRIATE STATE AGENCY] within 21 months of the effective date of this legislation
will be prohibited from selling electronics in the state. The [INSERT NAME OF APPROPRIATE
STATE AGENCY] shall assess a penalty of up to $__X__/day upon any non-compliant
manufacturer, including those that sell by Internet or catalog.
If manufacturers as a whole are not meeting the 2 pounds per capita recovery rate and 65%
recycling rate established by this legislation, the [INSERT NAME OF APPROPRIATE STATE
AGENCY] will require manufacturers to implement additional procedures which will include, but
may not be limited to, the additional or alternative actions identified in the approved plan.
If any manufacturer fails to meet the recovery, recycling, or service goals outlined in its approved
plan, the [INSERT NAME OF APPROPRIATE STATE AGENCY] may assign penalties of up to
$__X__/day or may implement a program to recover electronics and hold manufacturers
responsible for the entire cost of collecting, transporting, processing, reuse and recycling, and
disposal of their products, as well as administrative fees associated with the program.
Severability
If any portion of this act or the application of this act to any person or circumstances is found to
be invalid by a court, the invalidity shall not affect the remaining portions or applications of the
act which can be given effect without the invalid portion or application. The provisions of this act
are severable.
Product Stewardship Institute
Model A – State Electronics Legislation
March 26, 2003
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