Initial Steps Legislative Solutions

Some states start working on the e-waste issue with introductory legislative steps. Below are four options.

Use Study Bills To Develop Solutions
While sometimes "study bills" are where issues go to die, with this issue, a study session bill can help create momentum through a stakeholder process to examine the issue in detail and craft a model bill.

The stakeholders can include:
- Electronics industry
- Electronics Retailers
- Recyclers and transporters
- Local municipal waste officials
- Consumer groups
- Environmental groups

Washington State just (December 2005) concluded a year-long stakeholder process that has resulted in a bill just introduced for the 2006 session. Illinios and Minnesota are currently holding study sessions.

Disposal Bans
One significant step to solving this problem is to keep these products out of landfills and incinerators. Several states have passed such bans, including: Arkansas, California, Massachusetts, Maine, Minnesota, North Carolina. (Note: Some counties also pass landfill bans on a county level.)

Recycling State-Owned Electronics
States can mandate programs for recycling or reuse of State-owned computers and electronics.

State Procurement
States can establish purchasing policies requiring electronics vendors to provide takeback services and give a preference to equipment meeting standards for eliminating hazardous materials.

Model Bill Language on Inital Steps Legislation

Study Bill and Disposal Ban Language
We group these two issues together, because it makes sense to pass disposal bans for a future year, to give the state time to work out the details of their recycling legislation.

An Act to Develop a Plan for Electronic Waste Prevention, Re-use, and Recycling

Be it enacted by the People of the State of __________ as follows:

Purpose: To develop a strategy for waste prevention and reduction of electronic products in the state, that includes a plan for a comprehensive electronic product reuse and recycling system that ensures the safe and environmentally sound handling, reuse and recycling of electronic products and that encourages the design of electronic products that are less toxic, more durable, and more recyclable; and promote the development of a state infrastructure for the reuse and recycling of used electronics.

Findings:

WHEREAS, televisions, computers, and other electronics are omnipresent in modern society, and
WHEREAS, the numbers of obsolete, worn-out, or otherwise used televisions,
Computers, and electronic products will surely increase, and
WHEREAS, used televisions and computers contain lead, mercury, and other
hazardous substances that pose a threat to human health and the environment if
improperly disposed of at the end of their useful life;
WHEREAS, cathode ray tubes are estimated to be the largest current source of lead in
the state's municipal solid waste stream, and
WHEREAS, many flat-panel-display televisions, computer monitors, and laptop
computers contain a mercury-containing lamp for backlighting purposes, and
WHEREAS, the reuse, repair, and recycling of televisions and computers protect public
health and the environment by reducing the potential for the release of heavy metals
and mercury from landfills and municipal waste combustors into the environment;
provide jobs and business opportunities for state residents; recover valuable
components and materials; reduce energy consumption, air and water pollution and
greenhouse gas emissions, and conserve valuable landfill space, and
WHEREAS, the State of ____________ has an interest in resource conservation, waste
minimization, pollution prevention, job creation, and recycling, and
WHEREAS, the Legislature finds that the establishment of a system to provide for the
collection, reuse and recycling of electronic products in this State is consistent with its
duty to protect the health, safety and welfare of its citizens, enhance and maintain the
quality of the environment, conserve natural resources, prevent air, water and land
pollution and stimulate economic growth.

NOW, THEREFORE,
Be it enacted by the Legislature of the State of _________:

Section 1: Definitions
For the purposes of this Act, the following terms have the following meanings:
(a) "Agency" means the [State Environmental Agency]
(b) "Covered Electronic Products," for the purposes of this Act, are desktop computers (including central processing unit or CPU), computer monitors, including CRT monitors and flat panel monitors, portable computers (laptops), combination units (CPUs with monitors), desktop printers, CRT-based televisions, and non-CRT-based televisions, televisions (including plasma and LCD), or any similar video display device with a screen greater than 4 inches diagonally and that contains a circuit board,
computer peripherals (e.g., mice, keyboard, modem, scanners), television peripherals (e.g., cable or satellite receiver, VCR, DVD), personal electronics - PDAs, personal music players (iPods, MP3s, etc), stereos, radios, tape players, electronic games

(c) "Covered electronic product generator, " includes households, charities, schools, businesses, and governments within the state of [state]

Section 2: Scope of Products
The scope of products is the same as "Covered Electronic Products" and includes products from covered electronic product generators. [The scope of products may be modified by {State Agency}.]

Section 3: Goal
It is the goal of the State to eliminate waste generated in the state from covered electronic products from landfill and incinerator disposal and develop a plan that involves producers, processors, and consumers to ensure that all covered electronic devices and their components are reused or recycled.

Section 4: Disposal Ban
(1) After (end of state legislative session following release of study), covered electronic products and electronics waste covered by this section may not be disposed of in any solid waste disposal facility, including landfills, incinerators, cement kilns, or other forms of energy recovery or energy generation dependent on combustion of electronics waste.
(2) This ban on disposal shall apply to whole units of covered electronic products, as well as to the constituent subunits and materials from which the units are made.

Section 5: Study Established
(1) The Agency shall conduct research and develop recommendations for implementing and financing a covered electronic product collection, recycling, and reuse program. The Agency shall consult with stakeholders including persons who represent covered electronic product manufacturers, covered electronic product retailers, waste haulers, electronics recyclers, charities, cities, counties, environmental organizations, public interest organizations, reuse organizations, schools, and other interested parties that have a role or interest in the collection, reuse, and recycling of covered electronic devices.

(2) The Agency shall develop a plan for implementing and financing a program that addresses the collection, recycling, and reuse of covered electronic products from all covered electronic product generators in the state. In drafting this plan, the following factors will be considered by the Agency:

(a) Different methods of financing the collection, reuse, and recycling
programs for covered electronic products;
(b) The impact of the approach on local governments, nonprofit
organizations, waste haulers, and other stakeholders;
(c) How to address historic and orphan waste, including an assessment of financing mechanisms used for collecting and recycling historic and orphan wastes;
(d) The development of recycling and processing standards that protect the health of workers and the environment in communities where covered electronic products are recycled and/or modified for re-use, which may include a ban on the export of non-working covered electronic products to developing countries;
(e) Urban versus rural recycling challenges and issues;
(f) The role of covered electronic product manufacturers;
(g) Development of possible performance measures to assess the effectiveness of collection, reuse, and recycling of covered electronic products;
(h) Special consideration will be given to costs incurred by charitable organizations receiving unwanted electronic products and waste collection systems that
could be developed to address these products and costs related to disposal.

(3) The Agency shall also:
(a) Examine existing programs and infrastructure for reuse and recycling
of covered electronic products;
(b) Compile information on covered electronic product manufacturers' covered
electronic product collection, recycling, and reuse programs;
(c) Review existing data on the costs to collect, transport, and recycle
electronic waste;
(d) Research the potential impacts of recycling or reusing electronic waste on jobs,
recycling infrastructure, and economic development;
(e) Evaluate ways for improving product design to increase recyclability and
reduce toxicity of products, including the assessment of safer alternatives to
toxics outlined in the ROHS directive;
(f) Develop recommendations to define the role for charities, government
agencies, local and state governments, businesses, manufacturers, and
retailers in the collection, reuse, and recycling of covered electronic products;
(g) Explore state financial incentives for developing business opportunities and
jobs in the area of covered electronic product recycling and reuse
infrastructure.

(4) The Agency shall submit to the relevant committee(s) of the legislature no later than December 15, 2007
a) The findings and recommendations for implementing and financing the collection, reuse, and recycling of covered electronic products;
b) A plan, and recommendations for any legislation necessary to implement the plan, for the collection, reuse, and recycling of covered electronic products.

Recycling State Owned Electronics Bill Language

DRAFT MODEL BILL ON RECYCLING STATE-OWNED ELECTRONIC WASTE

Legislative Findings:
The government of the State of [state] is a large consumer of electronic products, particularly computers, laptops, monitors, televisions, and cell phones.

Discarded electronic products contain lead, cadmium, mercury, hexavalent chromium, polyvinyl chloride, brominated flame retardant and other toxic materials that can pose hazards to human health and the environment when landfilled or incinerated.

Less than ten percent of discarded computers are currently recycled, with the remainder stockpiled or improperly disposed of, while large quantities of the toxic equipment intended for recycling are shipped overseas for dismantling under horrific conditions and many domestic processors can not attest to the ultimate disposition of the materials collected.

Recycling and reusing materials are in the best interest of promoting the public health and welfare and are consistent with the State's goals for solid waste reduction.

Therefore the Legislature finds that the State of [state] should establish procedures for the safe and responsible recycling of State-owned electronic devices.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF [state]

Definitions

"Agency" means the [state environmental agency]
"Electronic products", for the purposes of this act, include

• desktop/personal computers - central processing units (CPUs)
• computer monitors, including CRT monitors, and flat panel monitors
• portable computers (laptops)
• combination units (CPUs with monitors)
• desktop printers
• computer peripherals (e.g., mice, keyboard, modem, scanners)
• CRT televisions
• non-CRT-based televisions (including plasma and LCD), or any similar video display device with a screen greater than 4 inches diagonally and that contains a circuit board
• television peripherals (e.g., cable or satellite receiver, VCR, DVD)
• mobile phones
  
  "Electronic products" do not include any of the following:
  - An electronic device that is a part of a motor vehicle
  - An electronic device that is contained within a piece of industrial, commercial, or medical equipment, including monitoring or control equipment.
  - An electronic device that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, or air purifier.

Section 1: Establishment of procedures
By January 1, 2007, the Agency shall establish recycling procedures for state-owned consumer electronics and ensure that all state-owned consumer electronics that are being disposed of are recycled consistent with those procedures. These procedures shall be effective as of July 1, 2007.

Section 2: Goals for Safe Recycling and Processing

a) Recyclers must have and maintain necessary and appropriate authorizations consistent with federal, state and local environmental laws, as well as with laws in recipient countries for any exports
b) All processors or recyclers of covered electronic waste must conduct due diligence to determine whether any of their downstream vendors or contractors intend to export covered electronic waste outside of the United States.
c) Any person who intends to export directly or through downstream vendors or contractors, covered electronic waste outside the United States shall comply with all of the following at least 60 days prior to export:

- Notify the Agency of the exporter, destination, contents, internationally defined hazardous wastes (e.g. OECD or Basel Convention listings) and volume of covered electronic waste to be exported.

- Demonstrate that the importation of covered electronic waste is not prohibited by any applicable law or regulation of the country of destination or transit and that any import is conducted in accordance with all applicable national and international laws. As part of this demonstration, copies of required import and operating licenses, written consents, or bilateral agreements as may be required (e.g. by the Basel Convention) shall be forwarded to the Agency.

- Demonstrate that the management of the exported covered electronic waste will be handled within the country of destination in accordance with all applicable national and international conventions, rules, laws and standards, as may apply in that country.

- Demonstrate that any covered electronic waste destined for re-use, refurbishment or repair is tested prior to export and certified and labeled as fully functional or, if not fully functional which parts, if any will need to be replaced in order to repair the equipment.

d) Such information will be published or otherwise made publicly available by the Agency on an annual basis.

Worker Health and Safety: Recyclers must implement programs to safeguard occupational and environmental health and safety, including:
- Environmental Management System (EMS) or environmental risk management plan, including staff and manager training, regular audits, emergency preparedness plan
- Hazardous materials management plan
- Meet OSHA requirements
- Performing routine industrial hygiene monitoring and quarterly reporting for all facilities for all hazardous materials of concern, including but not limited to monitoring for airborne lead and bromine, chlorine, and mercury compounds;
- Performing routine human health monitoring and quarterly reporting (in accordance with all applicable privacy protections) for all workers and contractors, including but not limited to blood testing for exposure to lead and bromine, chlorine, and mercury compounds.

Section 3: Leased Equipment
In all contracts for leasing of electronic equipment to the State, the State [general services or purchasing unit] shall include in lease contracts language requiring that returned equipment be covered by asset recovery systems, which both ensure data security, and recycle or reuse returned equipment.

Section 4: Reporting
The Agency shall issue an annual report to the Legislature on recycling activities for the previous year, in compliance with this Act, including:
" Amount of state owned equipment (by category) recycled in previous year
" Amount of state leased equipment returned to asset recovery programs for recycling
" Volume (or weight) of state owned equipment diverted from solid waste facilities as a result of recycling activities

State Purchasing of Electronics Bill Language

SECTION 1. Statement of findings and purpose.
Whereas, in almost every category of goods, there will be some products that are environmentally preferable to others. In many instances, there is little or no cost associated with the environmentally preferable option; often it is simply a matter of identifying and seeking out such products; and
Whereas, a surprising number of common consumer products contain materials that are toxic to humans and the environment and pose exceptional threats to vulnerable populations. Some of these materials, like lead and mercury, which can be found in computers and other electronic goods, are persistent bioaccumulative toxins. When these products are improperly disposed of they can release hazardous substances, which contaminate the soil, groundwater and air. Workers can be exposed to unhealthy conditions in their work environment and when disposing of products that contain hazardous materials; and
Whereas, in response to the growing, clear evidence of the damage posed by hazardous products to human health and the environment, governments, industry, healthcare professionals and non-profit organizations have supported the establishment of environmental purchasing standards. The European Union has mandated the phase-out of certain hazardous materials from any electronic device sold in the European Union, California has passed similar legislation, and several U.S. states are considering legislation;
Therefore, the [STATE] General Court finds and determines that using goods that do not contain hazardous materials, or which meet maximum standards for hazardous material content, will protect the environment and improve the health, safety and welfare of [ STATE ] residents and workers. Accordingly, the legislature declares it reasonable and necessary to reduce quantities of hazardous substances in products used by the State.

SECTION 2. The General Laws are hereby amended by inserting the following new chapter into chapter [INSERT APPROPRIATE CHAPTER]:

Environmentally Preferable Procurement of Covered Electronic Products

Section 1. Definitions.

"Covered Electronic Products," for the purposes of this Act,

"Electronic products", for the purposes of this act, include

• desktop/personal computers - central processing units (CPUs)
• computer monitors, including CRT monitors, and flat panel monitors
• portable computers (laptops)
• combination units (CPUs with monitors)
• desktop printers
• computer peripherals (e.g., mice, keyboard, modem, scanners)
• CRT televisions
• non-CRT-based televisions (including plasma and LCD), or any similar video display device with a screen greater than 4 inches diagonally and that contains a circuit board
• television peripherals (e.g., cable or satellite receiver, VCR, DVD)
• mobile phones
  
  "Electronic products" do not include any of the following:
  - An electronic device that is a part of a motor vehicle
  - An electronic device that is contained within a piece of industrial, commercial, or medical equipment, including monitoring or control equipment.
  - An electronic device that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, or air purifier.

"Environmentally Sound Recycling Standards," for the purposes of this Act, include the following specifications:

a) Recyclers must have and maintain necessary and appropriate authorizations consistent with federal, state and local environmental laws, as well as with laws in recipient countries for any exports
b) All processors or recyclers of covered electronic waste must conduct due diligence to determine whether any of their downstream vendors or contractors intend to export covered electronic waste outside of the United States.
c) Any person who intends to export directly or through downstream vendors or contractors, covered electronic waste outside the United States shall comply with all of the following at least 60 days prior to export:

• Notify the Agency of the exporter, destination, contents, internationally defined hazardous wastes (e.g. OECD or Basel Convention listings) and volume of covered electronic waste to be exported.
• Demonstrate that the importation of covered electronic waste is not prohibited by any applicable law or regulation of the country of destination or transit and that any import is conducted in accordance with all applicable national and international laws. As part of this demonstration, copies of required import and operating licenses, written consents, or bilateral agreements as may be required (e.g. by the Basel Convention) shall be forwarded to the Agency.
• Demonstrate that the management of the exported covered electronic waste will be handled within the country of destination in accordance with all applicable national and international conventions, rules, laws and standards, as may apply in that country.
• Demonstrate that any covered electronic waste destined for re-use, refurbishment or repair is tested prior to export and certified and labeled as fully functional or, if not fully functional which parts, if any will need to be replaced in order to repair the equipment.

d) Such information will be published or otherwise made publicly available by the Agency on an annual basis.
e) Recyclers must implement programs to safeguard occupational and environmental health and safety, including:
Environmental Management System (EMS) or environmental risk management plan, including staff and manager training, regular audits, emergency preparedness plan
- Hazardous materials management plan
- Meet OSHA requirements
- Performing routine industrial hygiene monitoring and quarterly reporting for all facilities for all hazardous materials of concern, including but not limited to monitoring for airborne lead and bromine, chlorine, and mercury compounds;
- Performing routine human health monitoring and quarterly reporting (in accordance with all applicable privacy protections) for all workers and contractors, including but not limited to blood testing for exposure to lead and bromine, chlorine, and mercury compounds.

Section 2. Purchase of Covered Electronic Products

In connection with all contracts entered into for the purchase of electronic products, all state entities, any municipality that has received financial aid from the state within the previous 12 months, and any district or independent school that has received financial aid from the state within the previous 12 months shall ensure that bid specifications:

(a) Electronic take-back and recycling. Any covered electronic product purchased by a state entity shall be returned to the original device manufacturer or a third party for reuse or recycling, at no additional cost to the returning entity, and the entity shall receive documentation of final disposition of such device. Such documentation shall include the number of devices, the serial or other identifying numbers of such devices, the environmental protection agency identification number of any company brokering, processing, refurbishing, recycling or disposing of such devices, and contact information for any such company.
(b) Recycling and reuse standards. All recyclers and/or refurbishers or other entities contracted to collect, recycle, and/or re-use covered electronic products covered under this chapter must follow the environmentally sound recycling standards outlined in this chapter. Recycling shall be handled by a responsible recycling operation with an existing environmental management system.
(c) Hazardous content of electronic devices. Any covered electronic device shall comply with European Union directive 2002/95/EC. This provision shall apply to any covered electronic device purchased or leased after January 1, 2007, or on or after the date on which directive 2002/95/EC takes effect, whichever date is later. Contractual preference will be given to manufacturers of covered electronic products that minimize the use of toxic and hazardous constituents.

Section 3. Annual Report. The Executive Office of Environmental Affairs [OR OTHER STATE SUSTAINABILITY AND/OR PURCHASING AUTHORITY], in consultation with the Department of Environmental Protection [OR APPROPRIATE STATE AGENCY], shall submit an annual report to the legislature by October 1 of each year detailing the state's progress in meeting the goals and requirements of this chapter, including a list of any product or service subject to this chapter, broken down by agency, with an indication of the following for each product or service:

(1) Identification of any provision of this chapter that is applicable to such product or service; and
(2) Whether such product or service complies with the provisions in this chapter, or whether such product or service was purchased or leased pursuant to an exception to the provisions of this chapter.
(3) For each product subject to the provisions of this chapter, the total dollar value of such products purchased or leased by any agency and the portion of such purchases that comply with the state's environmental purchasing standards; and, to the extent practicable, the total value of such products purchased or leased by any contractor pursuant to any contract with any agency, including any such contract for construction work in any building, that is subject to this chapter and the portion of such purchases that comply with the state's environmental purchasing standards.
(4) Any material changes to the city's environmental purchasing standards since the last publication of such report, including any new, updated or revised rules established or determinations made by the director;
(6) An identification of any product for which new or additional environmental purchasing standards are necessary.

This law shall take effect January 1, 2007. The [Environmental agency] and other [Executive Office of Environmental Affairs] promulgate rules and procedures to implement this law on or before the date upon which it shall take effect.