United States Electronics Legislation – Summary Current as of March 27, 2003 (For updates, go to PSI website at www.ProductStewardship.us) Arkansas - 2001 Arkansas SB 807 was enacted in April 2001. It created a recycling fund to provide grants for electronics recycling programs, and requires state agencies to develop a plan for how they will manage old computers to maximize recycling and reuse through faster surplus schedules and revenue incentives to agencies. It also establishes a Computer and Electronics Recycling Fund, to be used for grants for electronics recycling and market development. A landfill ban may be implemented by the State starting no sooner than January 1, 2005. Text of bill can be found at http://www.arkleg.state.ar.us/ftproot/bills/2001/htm/sb807.pdf. California - 2003 SB 20 was introduced by Sen. Sher on December 2, 2002, the first day of the new legislative session. Right now, the spot bill simply states the Senator’s intent to create a comprehensive solution to the e-waste crisis. In the next few weeks, there should be completed language available for Senate Bill 20. SB 20 would state the intent of the Legislature to ensure that funds are available to assist cities, counties, and recyclers of electronic wastes in developing programs to safely collect and recycle the hazardous materials contained in electronic wastes, and to promote the refurbishment and reuse of electronic equipment for use by schools and nonprofit agencies. Text bill is at http://www.leginfo.ca.gov/pub/bill/sen/sb_0001-0050/sb_20_bill_20021202_introduced.html Contacts: Mike Paparian CA Integrated Waste Management Board 1001 I Street; PO Box 4025 Sacramento, CA 95812 (916) 341-6035 paparian@ciwmb.ca.gov Peggy Harris CA Dept. of Toxics Substances Control 916-324-7663 pharris@dtsc.ca.gov Colorado - 2001 HB 01-1106 was signed into law in June 2001. It established an education program to promote proper management of electronics containing CRTs, and a pilot program encouraging public/private partnerships to develop and fund a Cathode Ray Tube Recycling Fund for the purposes of providing grants and loans to businesses and programs that provide CRT recycling. http://www.leg.state.co.us/2001/inetcbill.nsf/billcontainers/D39CAF8C8BDA749D872569AF005541E1/$FIL E/1106_enr.pdf Florida – 2003 Senate Bills 674 and 678 would establish and fund a management system for the collection and recycling of end of life electronic products. The bill would establish a $10 fee on electronics, paid at the retail level and collected by the Department of Revenue. The fees would be placed into a trust fund and used to develop the collection and recycling infrastructure. The Florida bill is unique in that it places a surcharge on solid waste disposal, imposed by the country and earmarked for electronics recycling. Beginning Jan. 1, 2006, the bill would require marketers (incl. manufacturers) to implement a product management system either individually or collectively. The bill establishes a review council to coordinate among the legislature, state and local governments, and private sector for policy, strategic planning, and other issues. Bill text http://www.flsenate.gov/session/index.cfm. Status reports can be obtained from http://www.flsenate.gov/session/index.cfm. Contacts: Raoul Clarke Hazardous Waste Management Section Florida Department of Environmental Protection 2600 Blair Stone Road, MS-4555 Tallahassee, Florida 32399-2400 850-245-8750 raoul.clarke@dep.state.fl.us Jack Price Hazardous Waste Management Section Florida Department of Environmental Protection 2600 Blair Stone Road, MS-4555 Tallahassee, Florida 32399-2400 850-245-8751 john.l.price@dep.state.fl.us Georgia - 2001 HB 2, signed into law in 2001, created a temporary (until 7/1/05) three-member Computer Equipment Disposal and Recycling Council to investigate problems related to disposal and recycling of computer equipment, issue findings and recommendations and advise the General Assembly, and to seek grants for pilot and ongoing computer recycling programs. Text of the bill is at http://www.legis.state.ga.us/legis/2001_02/fulltext/hb2.htm. Contact: Chuck Boelkins, Resource Recovery Specialist Pollution Prevention Assistance Division 7 Martin Luther King Jr. Drive, Suite 450 Atlanta, GA 30334-9004 (404) 651-5120 Chuck_Boelkins@p2ad.org Massachusetts - 2003 Rep. Mark Carron is sponsoring a bill that would require manufacturers to develop and implement a convenient and accessible collection system for end-of-life computers or CRT-containing devices, including historic and orphan wastes. Those who fail to have an approved plan are prohibited from selling these devices in MA until they are in compliance. The bill’s text is at http://www.state.ma.us/legis/legis.htm. Contact: Greg Cooper, Director of Consumer Programs MA Department of Environmental Protection One Winter Street, 8th Floor Boston, MA 02108 (617) 292-5988 greg.cooper@state.ma.us Maine – 2003 LD 743 would place responsibility on manufacturers for developing and financing, within two years, a collection and management system for their own brand of electronics, and orphan and historic wastes by market share at the time the waste costs are incurred. Plans for how manufacturers will comply must be submitted within 6 months, and financial assurances within 12 months. The bill bans electronics from landfills and incinerators, phases out toxics by 2006 (unless proven to be technically unfeasible), and limits export of wastes to OECD member countries. Bill text is at http://www.mainelegislature.org/legis/bills/billtexts/LD074301-1.asp. © Product Stewardship Institute 2003 U.S. Electronics Legislation Summary March 27, 2003 2 LD 590 bans CRTs and CRT-containing devices from disposal at solid waste disposal facilities beginning Jan. 1, 2004. Bill text http://www.mainelegislature.org/legis/bills/billtexts/LD074301-1.asp. Contacts: David Lennet David.Lennett@maine.gov Carole Cifrino Carole.A.Cifrino@maine.gov Michigan – 2003 Michigan has introduced three electronics bills in 2003. HR 24 urges the Department of Environmental Quality to conduct an assessment of the unregulated electronic waste stream generated in the state and of the state’s capacity for managing this waste by December 1, 2003. It also requires DEQ to establish an electronics recycling strategy and a public education program. SB 147 would prohibit disposal of a long list of electronic products into solid waste management systems. It also instructs the Department of Environmental Quality to conduct a study on the potential for a statewide electronics collection program and report to the legislature in one year. It requires that DEP establish standards for electronics recyclers and all agency electronics are to be managed in accordance with these standards. The bill text is available at http://www.michiganlegislature.org/documents/2003-2004/billintroduced/senate/pdf/2003-SIB-0147.pdf HB 4296 prohibits landfill disposal of CRT and CRT-containing devices beginning January 1, 2004. It requires the DEQ to establish a multi-stakeholder task force to study and report to the legislature on regulatory problems related to electronics and CRTs. http://www.michiganlegislature.org/documents/2003-004/billintroduced/house/pdf/2003-HIB-4296.pdf Contact: Lucy Doroshko, Recycling Specialist MDEQ P2 and Technical Assistance Section PO Box 30457 Lansing, MI 48909-7957 517-373-1322 doroshkl@michigan.gov Minnesota – 2003 SF 838 would prohibit the disposal of CRT-containing products into municipal solid waste systems by July 1, 2005. Effective September 1, 2004, all electronics manufacturers are responsible for collecting, transporting, reusing or recycling electronic products. Manufacturers must provide convenient collection sites, must educate citizens on the program, and cannot charge end-of-life fees. Manufacturers must provide the state with a plan for how they will comply, and annual reports listing the quantities of electronics sold in the state and the amount collected in the previous year, the amount of materials reused or recycled, and the end markets for each constituent material. http://www.revisor.leg.state.mn.us/cgi-bin/getbill.pl?version=latest&session=ls83&number=S838 Contact: Garth Hickle, Product Stewardship Team Leader Minnesota Office of Environmental Assistance 520 Lafayette Rd. St. Paul, MN 55155 651-215-0224 garth.hickle@moea.state.mn.us © Product Stewardship Institute 2003 U.S. Electronics Legislation Summary March 27, 2003 3 Nebraska - 2003 Legislative Bill 301 would establish an Electronic Equipment Recycling Program to develop and implement a statewide system for managing e-waste, a public education program, and grants to recycling businesses, local governments, others. The legislation also establishes a trust fund, and an advanced recycling fee of $10 on any item containing a CRT. The fee is collected by the Dept. of Revenue and deposited into the trust fund. The bill also would ban CRTs from disposal in landfills. http://www.unicam.state.ne.us/PDF/INTRO_LB301.pdf Contact: Rich Tatum, Program Specialist NE Dept of Environmental Quality 1200 "N" St. Lincoln, NE. 68509-8922 Rich.Tatum@NDEQ.State.NE.US New Hampshire – 2003 HB 73 would establish a committee to study whether the state should impose an advance recycling fee on the sale of new electronics equipment. http://gencourt.state.nh.us/legislation/2003/hb0073.html New Jersey - 2002 A 607 was approved in 2002, and creates an education program to alert the public through schools on benefits of recycling computers and other consumer electronics. It also directs the Dept. of Environmental Protection to coordinate a stakeholder group to evaluate the feasibility and practicability of a mandatory statewide separation and recycling of electronics. It authorizes the DEP to implement demonstration projects and report to the Governor and Legislature on the progress of demonstrations and recommendations for electronic waste management. Text of the bill is at http://www.njleg.state.nj.us/2002/Bills/A1000/607_I1.HTM. Assembly Bill 2550 would ban the disposal of cell phones in solid waste. http://www.njleg.state.nj.us/2002/Bills/A3000/2550_I1.HTM Contact: Frank Coolick, Assistant Director Division of Solid and Hazardous Waste NJ Department of Environmental Protection PO Box 414 Trenton, NJ 08625 (609) 633-1418 frank.coolick@dep.state.nj.us North Carolina - 2003 HB 1565 was introduced in 2001 session, and is currently being revised and reintroduced. It would establish a privilege tax on CRT-containing electronics (an excise tax on electronics imported into the state), collected along with state sales tax by the Dept. of Revenue. Collected taxes (minus Dept. of Revenue administrative fees) are deposited into a recycling fund that is used to reimburse local governments for processing, transportation, and collection costs for end-of-life electronics. Electronics with CRTs are prohibited from landfill or incinerator disposal. Electronics recyclers are certified by the state and domestic recycling is favored over export. Review bill text at http://www.ncga.state.nc.us/html2001/bills/CurrentVersion/house/hbil1565.full.html. © Product Stewardship Institute 2003 U.S. Electronics Legislation Summary March 27, 2003 4 Contact: Scott Mouw NC Div. of Pollution Prevention and Environmental Assistance 1639 Mail Service Center Raleigh, NC 27699-1639 919-715-6512 Scott.Mouw@ncmail.net Oregon - 2003 Oregon has introduced three electronics bills in the 2003 session. HB 2971 encourages Oregon to continue dialogue through NEPSI (and WEPSI) to develop a national system for managing end-of-life electronics, but enables the state to move ahead if a national solution is not forthcoming. The Economic and Community Development Department is directed to explore new business opportunities in electronic reuse and recycling. The Department of Environmental Quality is directed to develop guidelines and regulations for environmentally sound handling and management of scrap electronics generated in Oregon, including assurance that electronics are not passed on to other states and countries where the environment and public health is jeopardized. The DEQ is also directed to establish a deadline for a ban on the disposal of e-scrap in Oregon landfills and incinerators. The Department of Administrative Services is directed to develop purchasing guidelines that include provisions for supplier take-back and their environmentally sound management of end-of-life electronics, and states preference for electronics designed for longer life, upgrade-ability, cost-effective recycling, and reduction of waste and hazardous substances. Bill text is available at http://pub.das.state.or.us/LEG_BILLS/PDFs/SB867.pdf. HB 2971 would impose a $50 fee on every CRT product levied at point of sale, and submitted to the Department of Revenue. The fees would be deposited in the Cathode Ray Tube Recycling Account, also established by the bill, and used to promote recycling and reuse, and fund electronics management and research efforts. Sellers must register CRT products with the state by serial number and other identifying information, and must provide education on proper management of CRT products. The Department of Environmental Quality would certify electronics recyclers, and refund $25 for every CRT collected and managed by certified recyclers. It would also refund a portion of the fee to manufacturers that recycle their own product. Under this bill, CRTs and CRT products are prohibited from disposal in solid waste systems. Bill text is available at http://pub.das.state.or.us/LEG_BILLS/PDFs/HB2971.pdf. HB 3563 would impose a $3 fee on every television, computer monitor, CPU, laptop, circuit boards, and electronic wiring. The fee is collected at the point of sale, submitted to the Department of Revenue. Sellers of electronics must be certified with the Department of Revenue, and the DEQ may request the seller to provide financial assurances. The fees are deposited into the Electronic Products Account, which is used by the Department of Environmental Quality to develop the electronics management infrastructure and education programs. Bill text is at http://pub.das.state.or.us/LEG_BILLS/PDFs/HB3563.pdf. Contacts: Wayne Rifer Rifer Environmental 1975 NW 113th Ave. Portland, OR 97229 503-644-0294 wrifer@concentric.net © Product Stewardship Institute 2003 U.S. Electronics Legislation Summary March 27, 2003 Scott Klag Metro 600 NE Grand Portland, OR 97232 TEL 503-797-1665 klags@metro.dst.or.us 5 South Carolina - 2003 SBBill 148 would place an advanced recycling fee (ARF) of $5 on every sold unit of electronics containing cathode ray tubes, and establishes an Electronic Equipment Recycling Fund and Program to be administered by the Recycling Market Development Advisory Council within the Dept. of Commerce. The fund is to be used to determine the most efficient means of collecting, transporting and processing electronics, and to award grants, contracts, and loans to develop the system. The Advisory Committee will evaluate the program and recommend whether it should continue and be make permanent law. Search http://www.scstatehouse.net. Contact: Ted Campbell, Director Recycling Market Development South Carolina Department of Commerce PO Box 927 Columbia, SC 29202 803-737-0477 tcampbel@teamsc.com Texas - 2003 Texas HB 595 empowers the Texas Natural Resource Conservation Commission to adopt rules and oversee a program that covers a broad array of electronic equipment. The bill includes a fee at point of sale for wholesale or retail sales and a fee paid by manufacturers that is equal to the fee collected at sale. Fees are deposited in an Electronic Equipment Disposition Account to cover disposition services, loans for infrastructure development, research grants, and administrative costs. The bill also imposes standards for how electronics will be managed, requiring a registration of recyclers and banning export of materials. The bill prohibits the disposal of electronics with municipal solid waste. It requires a public education effort including a toll-free number and a decal on all equipment with information about disposition. Bill text can be found at http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=78&SESS=R&CHAMBER= H&BILLTYPE=B&BILLSUFFIX= 00595&VERSION=1&TYPE=B Utah – 2003 Utah HB 67 would establish an education initiative to inform about the hazards of electronics disposal and promote recycling efforts. http://www.le.state.ut.us/~2003/bills/hbillamd/hb0067.htm Virginia - 2003 HB 2375 would prohibit the disposal of CRTs into state landfills as of January 1, 2004. It instructs the Department of Environmental Quality to implement regulations for an electronics recycling program, and to work with local governments and business to develop the most efficient methods for collecting, storing, transporting, processing and recycling end of life electronics. It also instructs the Department to develop an education program identifying electronics recyclers and reuse organizations. The bill text is at http://leg1.state.va.us/cgi-bin/legp504.exe?031+ful+HB2375. HB 2376 would prohibit the disposal of CRTs into state landfills as of January 1, 2004, and require the Department of Environmental Quality to have a fully operational recycling program for CRTs at that time. The bill is found at http://leg1.state.va.us/cgi-bin/legp504.exe?031+ful+HB2376 Contact: G. Stephen Coe Division of Environmental Enhancement VA Department of Environmental Quality (804) 698-4029 gscoe@deq.state.va.us © Product Stewardship Institute 2003 U.S. Electronics Legislation Summary March 27, 2003 6 Washington - 2003 HB 1942 would require manufacturers to develop and finance a consumer education program and a system for managing end-of-life electronics that will capture 3 lbs/year/capita. It would also require a phase-out of the use of lead, mercury, beryllium, cadmium, hexavalent chromium, brominated flame retardants, and polyvinyl chloride in the manufacture of electronic products. Products would be labeled or packaged with information for the consumer on hazardous materials used in electronics and proper disposal. It also bans electronics from landfills and incinerators. http://www.leg.wa.gov/pub/billinfo/2003-04/House/1925-1949/1942_02172003.txt. Bill status updates are at http://www.leg.wa.gov/wsladm/billinfo/dspBillSummary.cfm?billnumber=1942. Contacts: Sego Jackson Snohomish County Solid Waste Management Division 2930 Wetmore Ave. Everett, WA 98201 425-388-6490 sego.jackson@co.snohomish.wa.us David Stitzhal Full Circle Environmental, Inc. 2955 36th Avenue South Seattle, WA 98144 206-723-0528 stitzhal@fullcircleenvironmental.com U.S. Congress - 2003 HR 1165, introduced by U.S. Senator Thompson, promotes a national infrastructure for recycling computers and monitors. It would establish a grant program through the EPA for collecting, reusing and recycling computers and monitors, and impose a fee of no more than $10 collected on the retail sale of a computer or monitor. Grants would be provided to individuals and organizations, including local governments, who follow environmentally sound techniques. The bill instructs EPA to further study the scope of computer waste, including the amount of waste generated and its environmental dangers, and to make ongoing recommendations for handling this material. It also provides incentives for computer manufacturers to take back their computers at the end of life. Contact: Laura Dossa, Deputy Press Secretary for Sen. Mike Thompson 119 Cannon Building Washington, D.C. 20515 202- 225-3311 Laura.Dossa@mail.house.gov Computer TakeBack Legislation - 2003 Model legislation has been developed by NGOs to address a broad range of electronics products. It requires producers to develop, implement, and finance a system to manage end-of-life electronics, including orphan and historic wastes. It requires a convenient collection system to be capturing 4 kg/person/year, and recycling and reusing 65% of collected materials. It bans the disposal of electronics and electronic components from landfills or incinerators, prohibits the use of prison labor in processing (unless workers are fairly compensated) and bans the export of CRTs to non-OECD countries. It phases out specific hazardous materials from the manufacture of electronic equipment, including but not limited to lead, mercury, polyvinyl chloride, and brominated flame retardants. The legislation requires labeling of electronics containing hazardous materials. http://www.leg.wa.gov/pub/billinfo/2003-04/House/1925-1949/1942_02172003.txt Contact: Ted Smith, Silicon Valley Toxics Coalition 408-287-6707 tsmith@svtc.org © Product Stewardship Institute 2003 U.S. Electronics Legislation Summary March 27, 2003 7