WasteCap Wisconsin

Legislative Update on Electronics Recycling
Resource Recycling Magazine, February 2006

As lawmakers begin work in the 2006 session, some of the first bills they will consider are e-waste legislation measures.

Legislators in Washington are back at work for a short, 60-day 2006 legislative session, and at least one e-waste bill will be on the agenda for consideration. Co-sponsors Sen. Craig Prodemore (D-Vancouver) and Rep. Brian Sullivan (D-Mukilteo) have introduced Senate Bill 6428 (and companion House Bill 2662) requiring manufacturers of TVs and computers to pay an upfront fee of $9 to $12 for every computer system or television set sold in the state. The money would be used to finance a network of collection points and recycling centers that would provide computer and television recycling services at no cost to the consumer.

If approved, the program would be phased in over a three-year period. The legislation is backed by the Washington Retail Association (Olympia), Hewlett-Packard (Palo Alto, California), the Consumer Electronics Retailers Coalition (Washington) and several local chapters of Goodwill Industries (Rockville, Maryland).

Opposition to the producer responsibility bill has been voiced by some manufacturers including Sharp (Mahwah, New Jersey), Mitsubishi (Tokyo), Panasonic (Secaucus, New York) and Philips (New York).

Advocates of the alternative California-style advanced recovery fee model introduced two pieces of legislation, House Bill 2810 and House Bill 2811.

House Bill 2810 would require retailers to charge all buys of new computers, monitors, printers, laptops and televisions an advanced recovery fee for recycling at the time of sale. Consumers would be charged $6 for flat-screens, $8 for CRT monitors and $10 for televisions. If the bill passes, the act takes effect on January 1, 2007.

House Bill 2811 would require a fee be placed on the sale of all desktop computers, monitors, laptops, printers, televisions and other video display devices. The cost of that fee will be established by the Department of Ecology (Olympia) for each category of covered electronic waste. Unlike the California SB20 system, House Bill 2811 prohibits any participating collector or processor from charging fees for collecting and/or recycling covered electronic waste. If adopted, the bill would take effect on July1, 2008.

An e-waste bill has also been introduced in New Hampshire. House Bill 1455 will require manufacturers to pay $8 per television, computer, computer monitor and laptop sold in the state. By October 1, 2007 manufacturers would be required to submit a list of their covered electronic items to the Department of Environmental Services (Concord), begin paying on equipment sold after January 1, 2008 and remit fees to the department on a quarterly basis. The bill would also create a landfill ban on covered devices beginning January 1, 2012.

The potential revenue generated by the program is estimated at over $3 million annually. The Department of Environmental Services is encouraged to utilize existing collection and consolidation infrastructures for handling the covered e-waste and will reimburse participating organizations for collection, transportation and recycling.

A cell phone recycling proposal has been filed in Maine. Legislative Document 1840 would require any person or retail establishment selling cellular telephones to have a system in place for the acceptance and collection of used cellular telephones for use, recycling or proper disposal. If the bill passes, the law will go into effect August 1.

A cell phone measure has also been introduced in Mississippi. Senate Bill 2316 would ban cell phones from landfill disposal and require that cell phones be transported to a recycling center, retailer or manufacturer that sponsors a voluntary take-back program. By January 1, 2007 the Director of the Department of Environmental Quality (Jackson) must submit a report to the legislature including recommendations for mandating a manufacturer's take-back program for cell phones and other wireless devices.

Senate Bill 244 has been introduced in Delaware and would require the unclaimed promotional rebate offered by manufacturers on certain electronic devices be paid to a special Electronic Device Recycling Fund. The fund would be administered by the State Treasurer for the purpose of promoting and financing the recycling of those devices. The Department of Natural Resources and Environmental Control (Dover) will create a list of covered electronic products.

A manufacturer would not be requires to escheat unclaimed rebate funds if they can maintain a take-back program for covered electronic devices that if effective at reclaiming 75 percent of their annual distribution in the state.

New Jersey Senate Bill 544 is a carryover from last session's Electronic Waste Producer Responsibility Act (Senate Bill 1861). This act would require manufacturers of any electronic device containing a circuit board to manage the recovery of their products, and creates a landfill ban. Manufacturers would also be required to reduce the toxicity of their products when possible and demonstrate successful public education campaigns.

The act would take effect within 24 months of passage. A committee hearing on the bill was held at the end of January.

Two companion bills were introduced in Vermont, House Bill 700 and Senate Bill 270. Both of these measures are extended producer responsibility laws that would require manufacturers to pay an annual fee for each unit of the manufacturer's brand sold in the state. The fee would be based on the manufacturer's national market share as represented by the population in the state of Vermont. Manufacturers that implement a take-back program will be entitled to pay a lower administration fee. By July 1, 2007, each solid waste district in Vermont must develop and implement an electronic device recovery plan as part of its solid waste implementation plan.

The Solid Waste Management Task Force in Minnesota has also been busy, meeting t6o discuss the recommendations it will make to the state legislature on the best way to proceed with establishing a recovery system for e-waste when a landfill ban takes effect July 1.