Review of US environmental state legislation by the Product

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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.
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U.S. Electronics Legislation Summary
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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
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U.S. Electronics Legislation Summary
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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.
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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
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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
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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
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