Transcript Slide 1
Reuse and the New Laws by Jason Linnell AT Reuse Conference –9/15 About Us National Center for Electronics Recycling: • • • • • Non-profit 501c3 Located in Parkersburg, WV Involved in Federal, State & Association Projects Conduct Research, Run Collection Programs Spearhead the National Electronics Recycling Infrastructure Clearinghouse • Manage Oregon State Contractor Program • Our Mission: Dedicated to the development and enhancement of a national infrastructure for the recycling of used electronics in the U.S. Overview of States With Laws WA ME MN OR MA NH VT MI IL CA MO IN MD WV NJ CT VA RI NYC NC OK AR TX Percentage of Population Covered by E-waste Law % Not Covered, 46.1% States With Producer Responsibility Laws % Covered, 53.9% States With ARF (Consumer Fees) Laws States With Landfill Disposal Fee States With Disposal Ban/No E-Waste Law Highlights • True “Patchwork” of Approaches to common challenge • How is the program funded? – 1 Advanced Fee, 5 Types of Manufacturer Financing • Which products are covered? – 10 different sets of product lists • Who can use the recycling system? – 8 sets of “covered entities” • Definitions, interpretations vary as well Product Scope By State Desktops, Laptops (over 4 inch), TVs (over 4 inch), Monitors (over 4 inch) Desktops, laptops, computer monitors over 9 inch and TVs over 9 inch Laptops, TVs (over 9 inch), Monitors (over 9 inch) Desktops, Laptops, TVs (over 4 inch), Monitors (over 4 inch) Rhode Island TVs with exclusions (over 4 inch), Monitors (over 4 inch), Laptops (over 4 inch) NYC TVs (over 4 inch), Monitors (over 4 inch), Laptops (over 4 inch) Desktops, laptops, computer monitors, printers, and TVs Desktops, laptops, computer monitors, printers, keyboards, mice, digital music players, and TVs Hawaii Desktops, monitors, laptops *Product scope for MD and MN includes products triggering a manufacturer obligation to participate in the program. TVs, Desktops, monitors, laptops, keyboard, mice, and other peripheral equipment (excluding printers) Limitations • Some restrict to just households, small business • Medical equipment generally excluded: • “A CED does not include a video display device that is contained within, or a part of a piece of industrial, commercial, or medical equipment, including monitoring or control equipment.” – In almost all states except TX, VA, but household limitation (and AR) State In Effect? Date CA Yes 1/1/2005 ME Yes 1/18/2006 MD Yes 1/1/2006 MN Yes 7/1/2007 OK Yes 1/1/2009 OR Yes 1/1/2009 RI Yes* 2/1/2009 TX Yes 9/1/2008 WA Yes 1/1/2009 VA Yes 7/1/2009 WV Yes 1/1/2009 CT No* 7/1/2009 – likely early 2010 HI No 1/1/2010 IL No 1/1/2010 IN No 4/1/2010 MO No 7/1/2010 NC No 1/1/2010 NJ No 1/1/2010 NYC No 9/1/2009 – delayed plan date Critical Issues • Collector issues – Get in or Stay Out? – What if you collect too much? – Limit non-covered products and non-covered entities? • System Leakage – Prices may be better on the “open market” – But do you have resources to verify their practices? • Qualification/Certification/Export – Handled differently at state level – Two competing national voluntary standards 2010 – R2 and E-Stewards What does it mean for collectors? • Multiple ways to participate – Get on state list, then start collecting or – Get contract with manufacturer/group of manufacturers/“program” before collecting • Pressure to limit collection volumes or incentive to collect? What does it mean for reuse? • Definition! Just plug-in or disassembly allowed? • Still a challenge – particularly with manufacturer financing • Reuse sometimes prohibited – every covered device collected must be sent to recycler – Manufacturer could limit as well • More recent laws – extra “credit” pounds given to manufacturer for reuse – IL, IN • If allowed, how to document appropriate due diligence • What happens to reused device – who is manufacturer? The Manufacturer/ Brand Connection How Is A Manufacturer Defined In Each State? Differently! • Some states allow non-brand owners to claim responsibility for brands (ie. ME & MN) • Some states require the “brand owner” to be responsible for that brand (ie. WA & MD) • Some states allow only the brand owner or licensee to be the “manufacturer” (ie. OR) • Some states cover historic producers, even if no longer in that product market (ie. ME & WA) What is THE “Brand?” for Recycling Purposes? • Same product may include multiple “brand” markings – Are true brands, but not correct brand for assignment of responsibility • Correct brands to record depends on program, purpose of brand recording • In ME, the correct brand is the one that is registered to a claiming “manufacturer” and may require recording of marking on both the front and/or back of unit • In WA, the brand on the front of the unit exclusively is used to determine the “true” brand for recycling responsibility purposes. NCER Resources • Updated listing of state laws and description • Recycling options through mygreenelectronics.com and others • Studies, background, analysis • Compliance Calendar • Main sites: – www.electronicsrecycling.org – www.ecyclingresource.org Thank You! Jason Linnell, NCER Phone: (304) 699-1008 [email protected] Visit us on the web: www.electronicsrecycling.org and www.ecyclingresource.org Backup Slides Types of Financing WA ARF - Electronic Waste Recycling Fee, assessed on the sale of covered electronic products FEE - Manufacturer Annual Registration Fees (can be significantly reduced by establishing an approved take-back program) MN OR ME NYC MI CT RI NJ IL CA IN MO OK WV MD VA NC SHARE - Manufacturers must finance a program to collect & recycle their brand’s share of covered products, either collectively or independently HI TX LBS. SOLD RETURNS 1 - Manufacturers must develop and implement their own recycling programs for Manufacturer pays registration fee and for collection and recycling of covered electronic devices based on their yearly sales to households RETURNS 2 - Manufacturers pay for transportation and recycling of their own branded ( their own returned products (TX requires program to collect from consumers, NC requires program to collect from collectors). products collected by others plus a pro rata share of all orphan products Adding Covered Entities Our Patchwork Quilt Rhode Island NYC -Households -Small Businesses -Public Schools Households Only Any Entity Hawaii -Households -Small Business -Non-Profits -Any Entity w/ Fewer Than 7 Devices Consumers Only (Who Use Computer Equipment for Home or Home Business Use) -Households -Small Gov’t -Small Business -School Districts -Charities Households & Schools Households Small Business with fewer than 7 employees