Model E-Waste Bill Aims At Regional Solution
A new piece of model e-waste legislation has a shot at becoming law in as many as six Northeastern states. If successfully enacted, economies of scale could encourage manufacturers to implement their own regional programs for collecting and recycling used electronic equipment

by Dave Bell

States pondering ways of managing their electronic waste now have help in the form of model legislation crafted by the Council of State Governments/Eastern Regional Conference and the Northeast Recycling Council (NERC). Working in cooperation with legislators and agency staff from ten northeastern states, the US Virgin Islands, Puerto Rico, and Québec, the organizations developed a proposal that focuses on manufacturer responsibility.

States that adopt the model legislation would require manufacturers, or importers, of PCs, computer monitors, laptop computers and televisions for retail sale to pay a $5000 annual fee, plus either pay an additional fee based on their shares of products sold and recovered, or run their own recycling programs. A disposal ban would go into effect two years after enactment. Consumers would not be charged any direct fees. (See Appendix for details.)

The legislation aims to "ensure the environmentally-sound management of discarded electronic devices and promote the development of statewide infrastructures for their collection and recycling." It has been introduced in the New York State Assembly, and lawmakers in New Hampshire and Pennsylvania have indicated that they will soon file in their respective states.

A Coordinated Effort

"Many state officials and stakeholders in the Northeast agree that, in the absence of a national program, a coordinated regional effort is preferable to having a patchwork of laws and regulations resulting in increased management and compliance costs and decreased recycling opportunities," according to NERC. The 14-month effort to develop the legislation included soliciting input from electronics manufacturers, retailers, recyclers, leasing companies, reuse organizations, environmental groups and representatives from local governments.

Sponsors say the legislation provides coordinated end-of-life electronics management, with the benefits of reduced compliance costs for manufacturers, lower management costs for government, and increased recycling opportunities and efficiencies. It was designed to encourage programs that are convenient for consumers while setting environmentally-sound management standards and clear performance goals.

"While there is no guarantee that the model legislation will become law, it is the first available legislation that resulted from a combined political and multi-stakeholder process," NERC executive director Lynn Rubinstein told greenTECHZONE. "The legislators weighed the complexities of competing stakeholder needs, the political realities of passage, and the importance of regional consistency to the goal of establishing a comprehensive recycling system that ensures the safe and environmentally-sound management of electronic devices and components, encourages the design of electronic devices and components that are less toxic and more recyclable, and promotes the development of a statewide infrastructure for collecting and recycling end-of-life electronics."

"At a minimum, this unique effort has created the opportunity for consistent approaches to end-of-life management of electronics, a goal that everyone shares," said Rubinstein. "We know that the legislation is likely to be filed in at least six states, and that it will be taken seriously when filed."

Appendix

Key provisions of an act providing for the recovery and recycling of used electronic devices:

• Covers retail sales of desktop PCs, computer monitors, laptop computers, and televisions purchased by individuals
• No point-of-sale or end-of-life fees
• Requires manufacturers to pay a $5000 annual registration fee plus, either an additional fee to cover the cost of collection, transportation, and recycling of their share of products, or to collect, transport, and recycle the equivalent amount under their own program
• Each state sets its own recycling rate equivalent to the ratio of the weight of total returns of covered products to the weight of total sales of covered products for the previous year
• The state recycling rate is multiplied by the weight of all covered products sold by a manufacturer, then multiplied by up to $0.50 per pound to determine the additional fee if the manufacturer does not run its own program
• Manufacturers that run their own recovery programs must submit a plan for approval by the state. Failing to live up to the terms of an approved plan makes the manufacturer liable for costs and penalties
• Manufacturers can earn credits for collecting, transporting, and recycling more than their obligation, then sell the credits or apply them to their obligation in the following year
• Retailers are responsible for selling only products that comply with the law and for informing customers how and where to return covered electronic devices for collection and recycling
• Each state administers its own program, but may designate a third-party organization to assume some or all of its responsibilities
• States establish performance requirements for collectors, transporters, and recyclers
• Recyclers are required to comply with federal, state, and local laws and must not export equipment for disposal in a way that puts public health or the environment at risk
• A ban on disposal of covered products goes into effect two years after the law is enacted

• Comment on this special report
• Return to the green-techZONE