State Recycling Requirements

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State Recycling Requirements for CE
Manufacturers and Retailers in the U.S.
National Electronics Recycling Infrastructure
Clearinghouse
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Overview

• 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

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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.
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About Us
NCERs Mission Dedicated to the development and
enhancement of a national infrastructure for the
recycling of used electronics in the U.S.
through

• 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)
• Polymer Tech Park

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LegislativeBackground

• 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
• products ineligible for sale in the state, and/or
  
• financial penalties per each sale of covered
  products

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Product ScopeCoverage

• California
• 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

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Product ScopeCoverage

• Maine
• Computer CPU/desktop (labeling only)
• As implemented, video displays over 4
• 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

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Product ScopeCoverage

• Maryland
• Desktop personal computers
• Laptop computers
• Computer monitors
• No mention of covered entities

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Product ScopeCoverage

• Washington
• Any monitor, TV or other video display over 4
  
• Desktop computers
• Laptop computers
• All from covered entities only households,
  small businesses, charities, small governments
  and school districts

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Commonalities Differences

• Commonalities
• All cover computer monitors and laptop computers
  over 4 inch screen size
• Differences
• 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)

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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
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Covered Manufacturersand Retailers
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Covered Manufacturer

• 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

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Covered Retailer

• Fairly consistent definition a person who
  offers covered electronic products for sale at
  retail through any means (i.e., internet,
  direct, catalogue)
• Wholesalers excluded
• Maine specifies sales to consumers

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Differences Across State Programs

• Maine and Maryland both allow manufacturers to
  claim responsibility for brands
• 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
• 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

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Reporting/Registration Requirements

• Maine
• 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

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Reporting/Registration Requirements

• Maryland
• 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.

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Reporting/Registration Requirements

• Washington
• 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

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Commonalities Differences

• 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/registrati
  on requirements are all unique
• Capture rate based on sales in ME only

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Financial OperationalRequirements

• California
• 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. 

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Financial OperationalRequirements

• Maine
• Manufacturers/Retailers meeting manufacturer
  definition required to choose in recycling plan
  method of payment for returned brands brand
  responsibility
• Pay consolidator count orphans
• Pick up representative pile
• OR, have branded product separated orphans

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Financial OperationalRequirements

• Maryland
• 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.

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Financial OperationalRequirements

• Washington
• 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
• Violation for both retailer and manufacturer

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Brands Orphan Issues

• California
• Other than labeling, brands/orphans dont come
  into play
• Brands for covered products given by
  manufacturers to retailers in annual list
• Maine
• 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
• Brands specified on manufacturer registration
  form, but brands not differentiated on the
  recycling end.
• Washington
• Return share/equivalent share calculations are
  defined to allocate costs and responsibilities
  among all compliant/participating manufacturers
• Brand labeling is required in all states.

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Product Design Requirements

• Does not include separate laws on mercury or
  energy.
• California
• Restrictions on heavy metals specified in EU RoHS
  for Californias covered electronic devices
  (CEDs) only
• 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
• No specific requirements, but state procurement
  preferences
• Purchasing preference must be given to electronic
  devices that incorporate design for the
  environment.

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Product Design Requirements

• Maryland
• None
• Washington
• Reporting requirement only. Calls for a
  description of how manufacturers will
  communicate with processors to promote and
  encourage design for the environment

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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

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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

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Introducing
Parker Brugge with CEA
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Trends Outlook for Future State Actions

• The short answer from industrys 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

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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
CANADA
Mftr. takeback plans for TVs, monitors,
computers landfill ban in July 2007
Nebraska
Recycling law activity in 2005 23 states
WA
Manufacturer takeback using consolidation
facilities covers all CE
Recycling law adopted to date 4 states
Rhode Island
MT
OR
ND
Missouri
Municipalities manage e-waste Mftr. takeback for
computers, TVs, monitors audio
ME
ID
E-waste task force report due 12/2006
MN
VT
NH
SD
WI
NY
WY
MA
Oklahoma
MI
Massachusetts
CT
RI
NV
E-waste task force report due 12/2006
Manufacturer takeback CRTs, Computers Carryover
from 2005
IA
NE
NJ
PA
UT
OH
IL
New Mexico
MD
CA
IN
DE
CO
Connecticut
WV
Establish statewide recycling pilot if mftrs. pay
into fund
KS
MO
VA
KY
ARF on CRTs, CRT containing products
AZ
NC
Utah
OK
TN
New York
NM
AR
HI
SC
Landfill ban after 2007 e-waste task force

• Manufacturer take
• back CRTs, Computers
• 2) 10 ARF bill on CRT
• products reintroduced

GA
AL
MS
Illinois
TX
Recycling Task Force ongoing Initial
recommendations 5/ 06
LA
New Jersey
10 ARF on TVs and computers
FL
Louisiana
Delaware
MEXICO
DEQ ongoing study on e-waste management options
for state
(as of 3/16/2006)
Puerto Rico
Use unclaimed mftr. rebates to fund state- wide
recycling program
Mississippi
South Carolina
Producer Responsibility Bill
ARF or 1st Seller Bill
Electronics/Computer Task Force
Landfill Ban
2008 landfill ban state agencies develop e-waste
recycling plans
California model ARF bill reintroduced
Kentucky
Michigan
Landfill Ban Task Force
Producer Responsibility Bill Task Force
Producer Responsibility Bill ARF or 1st Seller
Bill
E-scrap Task Force - recommendations to
legislators by Dec. 2006
Task Force complete. recommendations imminent
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States to Watch
2007

• States expected to have e-waste activity in 2007
• Minnesota
• Oregon
• New York
• Massachusetts
• Wisconsin
• Illinois
• Connecticut
• New Jersey
• Pennsylvania
• Others

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A Viable Alternative

• CEAs 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

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Help Us Find a Solution
Thank You!

• Parker Brugge, CEA
• Phone [phone]
• pbrugge_at_ce.org
• Join CEA if you are not already a member!
• Participate in CEAs Environmental Policy
  Committee!
• Contact me for further information!

AND
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Thank You!
Jason Linnell, NCER Phone (304)
699-1008 jlinnell_at_electronicsrecycling.org
Visit us on the web www.ncerwv.org And
www.ecyclingresource.org