Transcript Slide 1

State Recycling
Requirements
for CE Manufacturers and
Retailers in the U.S.
National Electronics
Recycling Infrastructure
Clearinghouse
Overview
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NERIC and NCER – About Us
Legislative Background
Project Scope Coverage
Covered Manufacturers/Retailers
Reporting/Registration Requirements
Financial/Operational Requirements
Brands and Orphan Issues
Product Design Requirements
Timelines
Trends & Outlook from CEA
About Us
This workshop is being conducted with support from CEA by
the National Center for Electronics Recycling under the
National Electronics Recycling Infrastructure
Clearinghouse (NERIC) project.
About Us
NCER’s Mission: Dedicated to the development and enhancement
of a national infrastructure for the recycling of used electronics in
the U.S. through:
1)
2)
3)
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The coordination of initiatives targeting the recycling of used electronics
Participation in pilot projects to advance and encourage electronics recycling
The development of programs that reduce the burden of government
through private management of electronics recycling systems
Non-profit 501c3
Located in Parkersburg, WV area (Davisville)
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Polymer Tech Park
Legislative
Background
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First state electronics recycling mandate in the U.S. was in CA –
LAW ENACTED IN 2003!
Three more state mandates since:
Maine (2004)
Maryland (2005)
Washington State (2006)
These states represent 50 million residents in the U.S. market,
approximately 16% of the US population
In all of these states, the penalty for non-compliance is:
1. products ineligible for sale in the state, and/or
2. financial penalties per each sale of covered products
Product Scope
Coverage
California
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Cathode ray tube (CRT) devices
(tvs and computer monitors)
LCD desktop monitors
Laptop computers with LCD displays
LCD and plasma televisions
Portable DVD players (fees begin 7/1/07)
All devices are covered in displays
if greater than 4 inches diagonally
Product Scope
Coverage
Maine
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Computer CPU/desktop (labeling only)
As implemented, video displays over 4”:
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CRT devices (monitor and TV)
Laptop computers
Portable DVD players
Only household products - no devices
disposed of by a business, industry, medical,
educational or governmental entity are
covered
Product Scope
Coverage
Maryland
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Desktop personal computers
Laptop computers
Computer monitors
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No mention of covered entities
Product Scope
Coverage
Washington
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Any monitor, TV or other video
display over 4”
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Desktop computers
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Laptop computers
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All from covered entities only:
households, small businesses,
charities, small governments and
school districts
Commonalities
& Differences
Commonalities
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All cover computer monitors and laptop computers
over 4 inch screen size
Differences
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WA and MD only cover desktop computers
ME covers only for brand labeling, not recycling
MD only state that excludes TVs
CA exempts certain projection TVs if actual internal
display is less than 4 inches (i.e. LCD PTVs)
WA exemptions are more expansive than others (i.e.
handheld portable voice or data devices, etc)
Coming
Attractions
Portable DVDs soon covered by all states except
MD (if over 4 inch screen size)
New display technologies like digital picture
frames and other novel applications could
trigger new requirements
Covered Manufacturers
and Retailers
Covered Manufacturer
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Generally: person who manufacturers covered
products, or sells under own brand covered products in
that state, or is the importer
Some laws state definition applies irrespective of selling
method (i.e. internet, direct, catalogue)
Some make explicit that manufacturer could have sold
in past are still covered
Covered Retailer
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Fairly consistent definition: a person who offers
covered electronic products for sale at retail through
any means (i.e., internet, direct, catalogue)
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Wholesalers excluded
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Maine specifies sales to “consumers”
Differences
Across State
Programs
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Maine and Maryland both allow manufacturers to claim
responsibility for brands
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Washington requires “brand owner” be
responsible for that brand
Maine and Washington cover historic producers, even
if no longer in that product market
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Reporting/
Registration
Requirements
California
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No manufacturer registration requirements, but annual
reports required by July 1 on sales data, materials usage,
recyclable content, design for recycling narrative, list of
retailers notified, and consumer information provided.
Retailers: required to register and establish an account
with the California Board of Equalization for fee
collection and remittance
Reporting/
Registration
Requirements
Maine
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No formal “registration” requirement, manufacturers
must submit “plan” for collection and recycling.
Annual report required in July from manufacturers
 Collection/recycling services, estimates
of sales, capture rate, etc
No registration/reporting requirements for retailers,
unless the retailer meets definition of a manufacturer
Reporting/
Registration
Requirements
Maryland
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All companies meeting definition of manufacturer
(including 1000 unit threshold) must register and pay
annual registration fee.
No registration/reporting for retailers unless meeting
definition of “manufacturer” by being a brand owner or
importer of computers.
Reporting/
Registration
Requirements
Washington
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All covered manufacturers must register and pay
annual administration fee to Department of Ecology
beginning January 5, 2007
Other reporting by “plan”
No registration/reporting requirements for retailers
unless meeting definition of covered manufacturer
Commonalities
& Differences
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No individual company reporting requirements, plan does the
report in WA
Retailer registration/reporting requirements are limited to CA
Requirements vary substantially across state, some general
similarities but reporting/registration requirements are all unique
Capture rate based on sales in ME only
Financial
& Operational
Requirements
California
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Manufacturers collect/remit ARF on direct sales, retain 3%
Manufacturers required to annually notify retailers of
products covered by ARF.
Retailers collect/remit ARF on sales to CA customers.
retain 3%. Retailers only sell branded products and that
meet RoHS restrictions for heavy metals.
Financial
& Operational
Requirements
Maine
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Manufacturers/Retailers meeting manufacturer definition
required to choose in recycling plan method of payment
for returned brands brand responsibility:
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Pay consolidator count + orphans
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Pick up representative pile
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OR, have branded product separated + orphans
Financial
& Operational
Requirements
Maryland
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Manufacturers pay a $5000 initial annual registration fee
with list of brands by December 31
 If desired, manufacturers may set up take-back program
and pay only a $500 annual fee
Retailers may not sell brands of computers without a brand
label or that have not paid registration fee.
Financial
& Operational
Requirements
Washington
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Manufacturers may/must join Standard Plan (no choice if a
white box or new entrant manufacturer) to manage and
finance recycling program
Manufacturers may start on own or with others an independent
plan (if combined return share above 5%)
Retailer may not sell covered products if manufacturer is not
registered and part of an approved plan
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Violation for both retailer and manufacturer
Brands &
Orphan Issues
California
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Other than labeling, brands/orphans don’t come into play
Brands for covered products given by manufacturers to retailers in annual list
Maine
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The company claiming a brand determines who pays in Maine;
Orphans divided those with over 1% return share, separate orphan pro rata
shares for monitors and TVs
Brand labeling requirements also for desktop computers
Maryland
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Brands specified on manufacturer registration form, but brands not
differentiated on the recycling end.
Washington
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Return share/equivalent share calculations are defined to allocate costs and
responsibilities among all compliant/participating manufacturers
Brand labeling is required in all states.
Product Design
Requirements
Does not include separate laws on mercury or energy.
California
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Restrictions on heavy metals specified in EU RoHS for California’s
covered electronic devices (CEDs) only
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Lead, mercury, cadmium, and hex chrom (not RoHS flame retardants)
Any future changes must mirror EU
Some legislative push to expand covered devices for this requirement
Maine
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No specific requirements, but state procurement preferences
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Purchasing preference must be given to electronic devices that incorporate
design for the environment.
Product Design
Requirements
Maryland
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None
Washington
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Reporting requirement only. Calls for a
description of how manufacturers will
communicate with processors to promote and
encourage design for the environment
Timelines/
Deadlines
• January 1, 2007: RoHS substances banned from covered products
for sale in CA
• January 1, 2007: Manufacturer registration fee due to MD
• January 5, 2007: Manufacturers must have registered in WA to sell,
retailers must view list to sell, brand labeling as of 1/1/07
• April 1, 2007: Manufacturers provide list of covered products to
retailer in CA (including portable DVD)
• June 1, 2007: Preliminary return shares sent by WA government to
manufacturers
• July 1, 2007: Manufacturer reports due in ME and CA
• July 1, 2007: Retailers start portable DVD fees in CA
Timelines/
Deadlines
• August 1, 2007: Final return shares published by
Ecology
• January 1, 2008: Registration/admin fees due in MD
and WA
• February 1, 2008: Initial standard and independent
plans due in WA to government
• January 1, 2009: plans must be fully operational in WA
Introducing…
Parker Brugge with CEA
Trends & Outlook
for Future
State Actions
• The short answer from industry’s perspective:
– Not Good!
• In 2006 e-waste bills of all stripes were
introduced in about 25 states
 2007 is expected to see a similar number,
but probably more intense activity in several states
• Each of the last 4 years has seen 1 new,
unique e-waste mandate passed at the state level
 2007 may produce at least 1 new state mandate,
potentially as many as 5
Washington
Vermont
2006 State Recycling Legislation
Mftr. takeback law to
be signed by Governor
Implementation by 2009
Manufacturer takeback
Requires collection &
recycling plans for TVs,
monitors, computers,
printers
Minnesota
Mftr. takeback to be
proposed on TVs, CRTs
by state Task Force
New Hampshire
Nebraska
Recycling law activity in 2005: 23 states
WA
Manufacturer takeback
using consolidation
facilities; covers all CE
Recycling law adopted to date: 4 states
ND
ID
E-waste task force
report due 12/2006
SD
WY
NV
E-waste task force
report due 12/2006
WI
NE
Establish statewide
recycling pilot if mftrs.
pay into fund
IL
CO
OH
IN
MD DE
WV
MO
AR
HI
ARF on CRTs, & CRT
containing products
NC
TN
New York
SC
MS
AL
1) Manufacturer take
back CRTs, Computers
2) $10 ARF bill on CRT
products; reintroduced
GA
TX
Recycling Task Force
ongoing; Initial
recommendations 5/ 06
LA
New Jersey
$10 ARF on TVs and
computers
FL
MEXICO
(as of 3/16/2006)
Puerto Rico
Mississippi
2008 landfill ban; state
agencies develop e-waste
recycling plans
Kentucky
E-scrap Task Force recommendations to
legislators by Dec. 2006
Producer Responsibility Bill
Landfill Ban
&
Task Force
ARF or 1st Seller Bill
Massachusetts
Manufacturer takeback
CRTs, Computers
Carryover from 2005
Connecticut
VA
KY
OK
NM
MA
NJ
PA
AZ
Illinois
DEQ ongoing study on
e-waste management
options for state
CT
IA
KS
Utah
Louisiana
NY
MI
RI
UT
CA
Municipalities manage
e-waste; Mftr. takeback
for computers, TVs,
monitors & audio
ME
VT
NH
MN
Oklahoma
Landfill ban after 2007;
e-waste task force
Rhode Island
MT
OR
Missouri
New Mexico
Mftr. takeback plans for
TVs, monitors, &
computers; landfill ban
in July 2007
CANADA
Electronics/Computer
Task Force
Producer Responsibility Bill
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Task Force
Landfill Ban
Producer Responsibility Bill
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ARF or 1st Seller Bill
Delaware
Use unclaimed mftr.
rebates to fund statewide recycling program
South Carolina
California model ARF bill
reintroduced
Michigan
Task Force complete.
recommendations
imminent
States to Watch
2007
States expected to have e-waste activity in 2007:
1. Minnesota
2. Oregon
3. New York
4. Massachusetts
5. Wisconsin
6. Illinois
7. Connecticut
8. New Jersey
9. Pennsylvania
10. Others…
A Viable
Alternative
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CEA’s policy priority is for a national, federally legislated program
CEA is working actively with Consumer Electronic
manufacturers, retailers and other stakeholders to develop a
common position
The Goal:
A viable industry position that avoids placing
the entire financial burden on manufacturers, especially in industry
segments where such costs could not be
recovered in the product sale price
Thank You!
Parker Brugge, CEA
Phone: (703) 907-7765
Help Us Find AND…
a Solution
[email protected]
Join CEA if you are not already a member!
Participate in CEA’s Environmental Policy Committee!
Contact me for further information!
Thank You!
Jason Linnell, NCER
Phone: (304) 699-1008
[email protected]
Visit us on the web: www.ncerwv.org
And www.ecyclingresource.org