Transcript The NYS Forum, Inc. IT Greening Work Group

The NYS Forum, Inc.
IT Greening Work Group
The NYS Electronic Equipment Recycling and Reuse Act
June 14, 2011
Agenda
– Welcome
& Introductions
– Product Stewardship
– Overview of the Act:
– Requirements
for manufacturers
– Requirements for retailers
– Requirements for collectors & municipalities
– Requirements for consolidators and recyclers
– What the Act means for the agency consumer
– Implementation update
– Available
–Q
&A
Resources
2
What is Product Stewardship?
– Product
stewardship is a concept that ensures
that all those involved in the lifecycle of a product,
share responsibility for reducing the health and
environmental impacts that result from the
production, use and end-of-life management of
the product
– Manufacturers bear primary financial
responsibility
3
Critical Elements of Product
Stewardship Programs
– Goal:
Ensure product stewardship programs
improve level of service and environmental
performance by including:
– Performance
Standards
– Convenience Standards
– Environmental Standards
–
Reuse & Recycling Required
– Handling/Processing Standards
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Examples of Product Stewardship
in New York State
– Electronic
Equipment Recycling and Reuse Act
(Article 27, Title 26 of the ECL)
– Rechargeable
Battery Recycling Act
(Article 27, Title 18 of the ECL)
Taken from: coated.com
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NYS’s E-waste Law: Quick Facts
– Based
– (23rd
on Product Stewardship Model
in the nation)
– Establishes
Disposal Ban in Phases
– Most Progressive State E-waste Law to Date
– Broad
range of covered electronic equipment (CEE)
– Broad range of consumers
– Comprehensive convenience standards
& performance goals
– Numerous regulated entities
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Covered Electronic Equipment (CEE)
– Computers
– Computer
–
–
–
–
–
–
Peripherals
Monitors
Electronic Keyboards
Electronic Mice or Similar Pointing Devices
Facsimile Machines
Document Scanners
Printers
– Televisions
– Small
Electronic Equipment
–
VCRs
– Digital Video Recorders
– Portable Digital Music Players
– DVD Players
– Digital Converter Boxes
– Cable or Satellite Receivers
– Electronic or Video Game Consoles
– Small
Scale Servers
Taken from: Tomshardware.com
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Requirements for Manufacturers
1.
Submit a registration form, registration fee form, and onetime $5,000 registration fee by January 1, 2011
2.
Provide an electronic waste acceptance program
beginning April 1, 2011, that:
•
•
•
•
Is at no cost to consumers (other than the previously mentioned
exceptions)
Provides at least one reasonably convenient method of collection
within each county, and within each municipality with a population
of 10,000 or greater
Accepts electronic waste for which it is the manufacturer, and one
piece of any manufacturer’s brand if offered by a consumer with
the purchase of CEE of the same type by a consumer
Accepts a sufficient amount of electronic waste to
meet the manufacturer’s acceptance standard.
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Requirements for Manufacturers (cont.)
Provide a public education program, which must include:
3.
•
•
•
4.
5.
6.
7.
8.
An internet website
A toll-free telephone number
Written information included in the product manual for, or at the
time of sale of CEE, that provides a consumer of CEE to
information on how to return CEE for recycling or reuse.
Provide information to retailers regarding registration
Properly label CEE beginning April 1, 2011
Comply with disposal ban beginning April 1, 2011
Submit an annual report form, annual report fee form,
and $3,000 annual reporting fee by March 1, 2012, and
recycling surcharge (if applicable) beginning
March 1, 2013
Maintain records on-site for three years
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Statewide E-waste Recycling/Reuse Goal
Year 1: (April 1, 2011 through Dec. 31, 2011)
20,000,000 (Approx. Population) x 3lbs. x ¾ = 45,000,000 lbs. (22,500 tons)
Year 2: (2012)
20,000,000 x 4lbs. = 80,000,000 lbs. (40,000 tons)
Year 3: (2013)
20,000,000 x 5lbs. = 100,000,000 (50,000 tons)
Years 4 (2014) and beyond TBD based upon:
Base weight x Goal Attainment Percentage
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Manufacturer’s Acceptance Standard
(Example Calculation)
Manufacturer’s
Market Share =
of E-waste
Manufacturer’s
Acceptance =
Standard
Total weight of manufacturer’s CEE sold
in the state based on the average annual
retail sales during the preceding 3
calendar years
Total weight of all manufacturer’s CEE
sold in the state based on the average
annual retail sales during the preceding 3
calendar years
Statewide
Recycling or
Reuse Goal
X
Manufacturer’s
Market Share
of E-waste
=
100,000 lbs. = 10%
1,000,000 lbs.
= 45,000,000 X 10% =
4.5
million
lbs.
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Manufacturer’s Recycling Surcharge
& Credits
Multiplied by the number of additional lbs.
that should have been collected
50¢
40¢
30¢
< 50% of
acceptance
standard
50% to < 90% of
acceptance standard
90% to < 100% of
acceptance standard
Beginning 2014, if a
manufacturer accepts more
than its acceptance
standard, the excess weight
may be used as electronic
waste acceptance credits
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Requirements for Retailers
Retailer Requirements beginning April 1, 2011:
1.
Provide purchasers with information on recycling
opportunities for their electronic waste
2.
Sell only registered brands
3.
Sell only labeled equipment
4.
Comply with disposal ban
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Requirements for Collection Sites
– Collection
Site Requirements:
Submit a registration by January 1, 2011
2. Store e-waste properly
3. Remove e-waste from the site within one year of
receipt, and maintain records on-site for three years
4. Submit an annual report by March 1, 2012
5. Comply with disposal ban beginning April 1, 2011
1.
– Additional
1.
2.
3.
Considerations for Municipalities:
Not required to collect under the new law
Negotiate agreements
Household Hazardous Waste State Assistance
Program funding is no longer available for the
municipal collection of CEE (April 1, 2011)
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Requirements for Consolidation &
Recycling Facilities
– Facility
Requirements:
Submit a registration form, registration fee form, and
one-time $250 registration fee by January 1, 2011
2. Store e-waste properly
3. Control entry
4. Inform employees
5. Remove e-waste from the
facility within one year of
receipt, and maintain records
on-site for three years
6. Comply with disposal ban beginning April 1, 2011
7. Submit an annual report form by March 1, 2012
1.
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What the Act Means for the
Agency Consumer
– Free
and convenient recycling to a broad range of
consumers!
– Definition:
Including, but not limited to individuals; small businesses,
corporations and limited partnerships; small not-for-profit
corporations; public corporations; public, private or parochial
schools; and government entities located in NYS.
– Exceptions:
For-profit businesses with 50 or greater FTEs; not-for-profit entities
with 75 or greater FTEs (but not 501(c)(3)’s); premium services;
and existing contracts.
– Premium Services: Any services above and beyond the
reasonably convenient acceptance methods defined in the Act.
These include equipment and data security services, refurbishment
for reuse by the consumer, and other custom services as may be
determined by the Department such as on-site collection (other
than mail back programs), data wiping, specialized packing and 16
preparation for collection, etc.
Implementation Update
– All
registered manufacturers have received their
electronic waste acceptance standards
– The Department is working to fine tune several
acceptance programs
– Collection site, consolidation & recycling facility
registrations are being reviewed
– Further develop and post annual report forms well in
advance of the March 1, 2012 submission deadline
– OGS/Department plan to develop guidance for state
agencies on how to better manage electronic waste in
compliance with the E-waste Law and State Finance Law
– Coordinate outreach efforts between OGS and the
Department
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Available Resources from the NYSDEC
– Main
E-waste Law Page:
– http://www.dec.ny.gov/chemical/65583.html
– Text
of the E-waste Law:
– http://www.dec.ny.gov/docs/materials_minerals_pdf/ewastelaw2.pdf
– Two
Easy Steps for Consumer E-waste Recycling:
– http://www.dec.ny.gov/chemical/66872.html
– The
first point of contact for state agencies
wishing to properly manage electronic equipment
should be the NYS Office of General Services
(OGS):
– http://www.ogs.state.ny.us/BU/BA/Rx3.asp
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Questions
Mark Moroukian, P.E.
NYS Department of Environmental Conservation
Division of Materials Management
Product Stewardship & Waste Reduction Section Chief
(518) 402-8706
[email protected]
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Surplus Property
Procedures
Frank Gebosky
OGS Surplus Property
[email protected]
State Finance Law
Section 167
This statute governs the transfer and disposal
of personal property, including electronics. It
provides that the head of a state agency may
either:
(1) Dispose of the property in accordance with applicable express
statutory provisions;
(2) Reuse it within the same agency
(3) Use it in part payment on a new item;
(4) Transfer custody or control to OGS for reuse by other state agencies
or other disposition
(5) Where the item essentially has no value, dispose of it as the agency
believes to be in the state’s best interest
Surplus Property
General Information
If custody or control of the property is
transferred to OGS, State Finance Law
requires that surplus property must first be
offered to state agencies, and then offered to
municipalities, before sale to the public, e.g.,
by public auction or via eBay.
Surplus Property
Order of Priority
If custody is transferred to OGS:
1. The property is made available to other State Agencies (transfer)
for reuse in accordance with State Finance Law §167 (3);
2. If no State Agencies are interested, the property is made available
to Municipalities of the State (sale for fair market value) in
accordance with State Finance Law §167 (4)
3. In the case of surplus Computer Equipment— it must be made
available to State educational institutions if the “educational
usefulness substantially exceeds its monetary value,” in accord
with State Finance Law §168 (2)
4. Public sale process is triggered if steps 1-3 do not result in
disposition.
Surplus Property
Sales Procedures
Once surplus property has gone through the previously
mentioned process, the law requires it be sold by public
auction. This is done on Ebay.
- OGS has an obligation to the people of NYS to retain the value of the
property; the sale of surplus property generates substantial revenue for
the State (general fund) every year.
- OGS is bound by State Finance Law to generate whatever income is
possible from the disposition of State owned property.
-OGS terms of sale advise the purchaser of their obligations under the
law
Surplus Property
Terms of Sale
Online sales include the following terms of sale:
Condition: Items are offered as is with no warranty. Known defects are
listed, but the absence of any indicated deficiencies does not mean the
item may not have deficiencies. Bidders are encouraged to inspect items
for sale prior to bidding. Information and inspection arrangements can be
made by calling the contact at the location of the sale.
Notice: It is expected that the Buyer shall responsibly use this personal
property including its disposition in conformance with applicable law, rules
and environmentally preferred practices.
Surplus Property
In view of DEC’s e-waste legislation, OGS is currently drafting
additional language that will advise purchasers of the
obligation to use the property responsibly, and to dispose of it
accordance with the NYS Electronic Equipment Recycling and
Reuse Act. OGS will also link to
http://www.dec.ny.gov/chemical/65583.html on its own site
and through the Ebay portal.
To best comply with the letter and
spirit of the E-Waste law and the
State Finance Law:
1. State Agencies opting to reuse, trade-in or recycle property without
transferring to OGS must keep auditable records demonstrating
the disposition was in the best interests of the state
2. When items are sold to the public, OGS will provide notice to
buyers of the applicable laws (e.g., concerning recycling, special EWaste provisions), and the buyers’ obligations under these laws.
3. OGS may require that purchasers acknowledge they have
received and will comply with current recycling & E-Waste laws.
4. OGS is currently reviewing best practices from other states and the
private sector for possible adoption.
5. OGS is open to further suggestions on how to best facilitate
implementation of its State Finance Law obligations in a manner
compatible with the E-Waste law.
NYS Forum
IT Greening Workgroup
New York State Electronics
Recycling & Reuse Act
Implementation & Logistics
June 14, 2011
Peter Bennison
REGIONAL COMPUTER
RECYCLING & RECOVERY
www.eWASTE.com
New York State Electronics
Recycling & Reuse Act
Industry Experience & Background
•
RCR&R operates a large scale
Demanufacturing/Recycling facility, and is one of the
largest Ewaste recyclers in the northeast.
• Founded in 1995
• Headquartered in Victor, NY
• 100+ employees
• 100,000 Square Ft. Facility
New York State Electronics
Recycling & Reuse Act
Manufacturer Responsibilities: “The law requires manufacturers
to establish a convenient system for the collection, handling, and
recycling or reuse of electronic waste”
•
Volume responsibilities are based on market share
• Most are not in the business of Ewaste recycling
• Most have joined “Collectives”
• Collectives work with recyclers to establish an efficient &
effective infrastructure
• Recyclers provide a network of collection sites and logistics
services in order to meet the manufacturers obligations
under the law
• Thorough audits and due diligence on behalf of
manufacturers
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New York State Electronics
Recycling & Reuse Act
New York State
Ewaste Recycling Infrastructure Snapshot
• 400
+ Collection sites
• 39 Recyclers
• 79 Manufacturers
• 6 Collectives
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New York State Electronics
Recycling & Reuse Act
• It’s
called a producer responsibility
law…
• Compliance with the NYS Electronic
Equipment Recycling and Reuse Act
is a SHARED RESPONSIBILITY
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New York State Electronics
Recycling & Reuse Act
Shared Responsibility
• Producer
- $$$$ & Program Management
• End User - Purchase & Recycling
• Government - Regulation & Resources
• Recycler - Quality & Efficiency
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New York State Electronics
Recycling & Reuse Act
• Be
provided at no cost to consumers
Small Businesses – Less than 50 employees
• Non Profit organizations – Less than 75 employees
•
•
"Consumer" means a person located in the state who owns or uses covered
electronic equipment, including but not limited to an individual, a business,
corporation, limited partnership, not-for-profit corporation, the state, a public
corporation, public school, school district, private or parochial school or board of
cooperative educational services or governmental entity…
•
Free service has been extended to larger organizations
including, state agencies, education and the healthcare
industry
•
•
To meet manufacturer acceptance standards
Consistent flow of material
New York State Electronics
Recycling & Reuse Act
Not covered under the law - Premium Services
Security – Hard Drive Destruction
• Special handling, Packaging and Logistics
• Asset Management - Reporting
• Data
Most Ewaste recyclers offer these services in
conjunction with recycling services and may
include them in an integrated ewaste recycling
program
New York State Electronics
Recycling & Reuse Act
• Assets
•
or Ewaste?
Can complete, working equipment be separated
from obsolete, non functional equipment?
• Will the proceeds from the sale of equipment be
greater than the costs involved to have it sold?
New York State Electronics
Recycling & Reuse Act
Surplus Assets
• Reuse is the highest
level of recycling
• The pace of technology
advancements, software
and maintenance of
electronics present
challenges
• Contact OGS when you
have surplus assets
• Further guidance is
forthcoming from OGS
New York State Electronics
Recycling & Reuse Act
Ewaste Recycling
• Do your homework & your own “due diligence”
when choosing an Ewaste Recycler/Processor
•
Ask for Certifications
•
Environmental, Health & Safety – R2/RIOS
(Responsible Recycling under the Recycling Industry Operating Standard)
http://www.certifiedelectronicsrecycler.com/about-r2rios.html
•
Data Security – NAID
(National Association of Information Destruction) www.naidonline.org
•
Ask about Manufacturer backed recycling programs
• Get references
New York State Electronics
Recycling & Reuse Act
Summary
• What are the two main issues to be concerned with
regarding Ewaste Recycling?
• Environmental Compliance
•
Covered under the law – Choose a responsible recycler
• Data
•
Security
Not covered under the law
•
•
•
Make sure that your agency or organization has a documented
plan for data destruction for surplus equipment or Ewaste.
Contract with a private sector firm that specializes in this service
Separate topic for NYS Forum Security workgroup?
Questions
Peter Bennison
[email protected]
888 563-1340 X117
www.eWASTE.com
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