CA
Updates on States – for 5/20/09 Conference Call
CT – Regulations are at the Governor’s office for approval (may not hear anything until the session is over which won’t be for another few weeks). If approved, they will then go out for public comment.
– updated provided by Tom Metzner
HI –
1. Hawaii's current e-waste law has a few flaws that we hope to correct. HB 1809, CD1 attempts to make the law more succinct, and it also now includes TV manufacturers, using language provided by the industry. The bill is currently with the Governor's Office, awaiting signature?
2. Approximately 38 manufacturers have registered; for 72 brands.
3. We have received 2 recycling plans, with a June 1, 2009 deadline fast approaching. Our challenge will be evaluating these plans, as there are no set guidelines stated in the law.
-update provided by Grace Simmons
IL – Illinois is well along in its implementation process for the Electronic Products Recycling and Reuse Act, which passed in late 2008 and whose first program year is 2010. So far, 68 manufacturers have registered to sell their CEDs in Illinois next year. The Illinois EPA just released a draft set of recycling/refurbishment goals to information technology manufacturers, based on the Florida Dept. of Environmental Protection's tables. IEPA is planning to release goals for television manufacturers early this fall. To that end, television retailers are submitting reports to their manufacturers and in many cases to the IEPA for use in computing those goals. Registration of collectors, recyclers, and refurbishers has also begun in earnest.
-update provided by Joe Shacter
ME - The Maine Legislature is considering two bills that will amend Maine’s E-Waste Law. The first bill changes manufacturer responsibility for televisions from a return share to a market share basis beginning January 1, 2010. This has passed out of committee with a unanimous “ought-to-pass” recommendation. The second proposes several changes: 1) As of January 1, 2010, it adds manufacturer responsibility for desktop printers (return share basis) and game consoles (market share basis) into the program; 2) It clarifies that digital picture frames are a type of computer monitor (thus already included in the system – this will just avoid applicability arguments with the manufactures when we start to enforce); 3) It changes the manufacturer paperwork requirements from an initial plan and then annual reports to an annual registration requirement similar to other states (this could be effective July 1, 2009 but more likely will be July 1, 2010 – we hope they decide soon!); and 4) It adds an annual registration fee of $3000 per manufacturer (effective date the same item 3 above). This second bill passed out of committee with an ought-to-pass (9-4) recommendation, and a minority report of ought-to-pass without the registration fee. The session is scheduled to conclude mid-June, so we should have final language soon. The Maine Legislature is also considering a bill requiring mercury-added lamp manufacturers to recycle their household lamps (compact fluorescents and linear fluorescents) at the end of life. This bill has passed out of committee with an ought-to-pass (12-1) recommendation; the minority report will recommend further study.
– update provided by Carole Cifrino
MD – We have been asked to develop regulations, which we hope to work on this summer. I'm not sure what the topics will be at this point. We will also be working on enforcement this summer. We had a Mercury Auto Switch Recovery Bill that passed in MD but have no additional staff so we probably won't be moving too quickly. We have over $600,000 in grants we will be awarding in the next few weeks to counties and municipalities for eCycling activities. These will be one-year grants.
–update provided by Hilary Miller
MI –
The Michigan DEQ is currently working on creating the registration forms and a consumer, recycler, manufacturer, and collector frequently asked questions. The documents will be posted on the DEQ Web site as they are available. Navigate to deqwaste and click on "Electronic Waste Takeback Program.”
TIMELINE
Signed into law: December 29, 2008
Recyclers register and pay $2,000 annual fee by: October 30, 2009
Manufacturers register and pay $3,000 annual fee by: October 30, 2009
Manufacturers may not sell TVs and Computers unless registered and labeled: April 1, 2010
Retailers may not sell TVs and computers unless on registered list: April 1, 2010
Manufactures of TVs and Computers must have takeback program: April 1, 2010
Printers added: April 1, 2011
WHAT IS COVERED?
Computers and televisions used by individuals and small businesses.
Defined in the legislation, a computer is "a desktop personal computer or laptop computer, a computer monitor, or beginning April 1, 2011, a printer." A 'printer' is defined as a printer or a device that, in addition to printing, may scan, copy, etc. and can sit on a desk. Personal data assistants (PDAs), mobile phones, computer mice, keyboards and video display devices attached to industrial, medical or other equipment such as being part of a car, refrigerator or other appliance are excluded from these definitions.
Manufacturer obligations:
-Register each year by October 30th.
-Pay 3,000 fee
-Not sell TVs or computers in Michigan unless registered with DEQ.
-By April 1, 2010 have a takeback program that is:
- Free.
- Reasonably convenient and available to and otherwise designed to meet the needs of consumers in this state.
-Manufacturers must provide consumers information on their Website on how and where to return the covered computer.
-The computers must be recycled.
-A manufacturer may refuse to accept more than 7 covered computers from a single consumer in a single day.
-TV manufactures must take back any TV regardless of who manufactured it.
-Computer manufacturers must take back just the computers with their brand.
Electronic Waste Advisory Council
-The members of the Electronic Waste Advisory Committee have been named.
-First meeting called by the co-chairs. Co-Chairs are the member representing the House of Representatives and Senate.
-Submit a report to legislature by 2012
-The EWAC is to address a variety of questions identified in the law regarding the scope and administration of the Takeback program.
Recycler Obligations
-Must comply with federal and state laws and administrative rules.
-By October 30 must register with DEQ and pay $2,000 fee.
-Must employ industry-accepted procedures for data destruction.
-Maintain a documented environmental, health, and safety management system (ISO 14001)
-Maintain records identifying where devices or material were sent.
-Not use state or federal prison labor.
-update provided by Matt Flechter
NC – There are not any updates to the NC program for now. While there are bills asking for changes to our existing laws in both the Senate and the House of our legislature, we are unable to anticipate what changes may result (or none). We have been given no indication that the effective date of our program, Jan 1, 2010, will change. This fall we will begin finalizing lists, contacting and billing manufacturers.
-update provided by Ellen Lorscheider
NJ – They are currently working on writing rules for the manufacturer plans
– update provided by Dana Lawson
NYC - On April 15, 2009 the NYC published its final rules concerning NYC's Electronic Recycling Law. NYC's law requires residents to receive free and convenient collection. Amongst other things, the rules further defined convenience as mail back and/or drop off programs for those items that are portable and/or under 15 lbs, and direct collection for all other items. Non profits, government agencies, and small businesses are entitled to free and reasonably accessible collection, however these entities can also pay for additional service. In addition to the rules, a plan submission form was created to enable manufacturers or groups of manufacturers to submit their plans. These forms are a 5-part form, which includes manufacturer information, group information, collection information, and recycler information. Plans are due on June 15, 2009. Manufacturers must implement their plans 180 days after they are approved. More info, including the final rules and the plan template, is available at wasteless/electronics-law
- update provided by Dave Hirschler
OK – OK is in the process of drafting legislation to impose fees on the applications they receive. They are currently accepting manufacturer plans but not officially reviewing them. They are keeping them all on file until they get funding, at which time they will begin reviewing plans and moving forward. They are continuing to compile their database of manufacturer/stakeholder contacts and anyone interested in the rule making process in their state.
- update provided by Jarett Keck
OR - Oregon E-Cycles continues to be popular with Oregonians. In the premier quarter of the Program, all four programs (Dell, MRM, IPR, and the State Contractor) collected and recycled a total of 4,938,541 (net) pounds of computers, monitors and televisions. In addition to recycling, 8,938 units (of either televisions, computers and monitors) were diverted for reuse.
-Dell collected and recycled 1,111,472 pounds and has already exceeded its minimum goal. 2,745 units were reused through their partnership with Goodwill.
-IPR collected and recycled 743,374 pounds; they are at 32% of their minimum goal.
-MRM collected and recycled 2,281,327 pounds and is at 45% of their minimum goal. 2,466 units were reused by Goodwill and several other non-profit reuse organizations within their collection network.
-The State Contractor Program collected and recycled 802,368 pounds and is at 20% of their minimum goal. 3,727 units were reused by NextStep and FreeGeek, non-profit reuse organizations within their collection network.
Of the total amount collected, computers accounted for 11% of the total pounds recycled, monitors were 33.3%, and televisions were 55.7% of the total pounds recycled.
The original projection for the minimum total returns for 2009 was set at 12.2 million pounds. It appears the programs will exceed that projection, as Dell already has. The programs are planned to provide yearlong, convenient collection and recycling.
- update provided by Kathy Kiwala
RI – RIDEM is in the process of approving 5 independent plans for MRM, Sony, Samsung, HP and Dell. Collections run by these entities will consist of a combination of monthly collections at the Providence Place Mall, statewide collections at local U-Haul facilities (open daily), promoting manufacturer mail-back programs, and a series of stand alone collection events across the state.
The State collection program, administered by the RI Resource Recovery Corporation (RIRRC), is up and running. WeRecycle of Meriden, CT and RMG Enterprise of Londonderry, NH were awarded contracts to run the State collection program. RIRRC has been offering monthly Saturday collection events at their main facility in Johnston, RI and at scheduled satellite collection events on Saturday’s throughout the state. In addition, RIRRC offered municipalities the option of having a collection container at their DPW garages/transfer stations and more than half of RI’s cities and towns took advantage of this opportunity. RIRRC/RIDEM are in the final stages of finalizing RS / MS numbers and getting bills out. Figuring out how to address orphan share has been the biggest challenge. So far 53 companies have registered and we expect a few more in the very near future.
-update provided by Elizabeth Stone
TX – The Texas Computer-Equipment Recycling Program now has 75 manufacturers (106 brands) on its online list. There were 35 manufacturers when the program launched in September. We continue to offer compliance assistance to manufacturers and retailers and to promote the program to consumers through presentations, print ads, and our web site. We have successfully resolved 39 complaints related to manufacturers' programs or retail sales.
Legislative update: Several bills (~9) were introduced this legislative session related to electronics. A handful seek to add televisions to the existing program, or to create a separate program for TVs based on market share that would include a manufacturer registration fee. Another bill would create a reporting requirement for exporters of used electronics.
-update provided by Jeff Michno
VA – We have sent out a notification letter to a consolidated list of Computer and Electronics Manufacturers informing them of the effective date of Virginia’s Computer Recovery and Recycling Act, and directing them to the legislation in order that they can comply with its requirements. We also have developed a notification form for use by the Computer Manufacturers as an option. At this time, only HP has submitted a notification form. We are processing the calendar year 2008 recycling rate reports from Virginia jurisdictions (Solid Waste Planning Units), and an initial summary of the raw data indicates that just under 4,600 tons of electronics were collected/recycled. For CY 2007, SWPUs reported just over 3,000 tons of electronics recycled.
-update provided by Stephen Coe
WA – The W-Cycle Washington program has averaged 3 million lbs/mo of TVs, computers and monitors collected for recycling. There are approximately 240 collection sites and 8 approved processors. A change to our enabling legislation takes effect on July 26 allowing collectors to do some on-site minor repairs on computers to increase the reuse of these devices. Washington has purchased national market share info in preparation of announcing preliminary 2010 market share determinations for manufacturers. Random sampling at the processors is occurring approximately every two weeks to gather data for determination of 2010 return share assignments.
-update provided by Miles Kuntz
WI (not yet passed) –
Wisconsin's e-cycling proposed legislation: In April 2009, Senator Miller (D - Monona) introduced a product stewardship bill (SB 107) requiring manufacturers of video display devices, computers and printers sold to Wisconsin households to assume responsibility for the collection and proper disposal of electronic devices. It establishes e-cycling goals based on market share and allows for the sale or banking of e-cycling credits that exceed these goals. The bill provides an additional incentive to recover electronic devices from rural counties. The bill also bans the landfilling or incineration of certain electronic devices. Manufacturers, collectors, retailers and recyclers are regulated under the bill. All except retailers must register with the Wisconsin Department of Natural Resources. The bill imposes minimal regulatory requirements for local governments. The "amendment bill" - essentially the same as the original bill with some tweaking - was recommended by the Senate Committee on Environment, but must be presented before the State Joint Finance Committee before being heard before the entire Senate Body. A companion bill is being introduced in the Assembly, identical to the amendment bill. The bill is very similar to the Minnesota bill in a deliberate effort to promote regional consistency in policy initiatives, and is similar to the Illinois bill in many respects. For more information on this bill, including factsheets for impacted parties, see
-update provided by Cynthia Moore
WV - We filed the new rules on April 9th and they did not pass in the legislature, so they will now go through the legislative process this fall (for 2010 legislation). The Emergency Rule is no longer in effect as it ended the last of December. However, we are still planning to award grants using DEP policy instead of legislative rule.
– update provided by Sandy Rogers
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