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E-waste Regulations - U.S. State Legislation |
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California Electronic Waste Recycling Act
California was the first U.S. state to enact legislation to establish a funding system for the collection and recycling of certain electronic wastes. The California Integrated Waste Management Board first adopted regulations to implement portions of the statute. In September 2003, the California Legislature passed the Electronic Waste Recovery Act (SB 20/SB 50) that specifically established a recycling fee collected at the point of sale or lease. Manufacturers are required to develop, finance and implement an “e-waste recovery system” for the collection, handling, transportation, recovery, processing, reuse and recycling of electronic devices sold by that producer. The act was signed into law effective Jan. 1, 2005. The collected funds are used to provide financial relief to collectors and recyclers of covered electronic wastes. Electronic devices subject to the Act include all computer monitors that contain cathode ray tubes, liquid crystal display monitors and laptop computers. Other key elements of the Act include: Reduction in hazardous substances used in electronic products sold in California and a Directive to recommend environmentally preferred purchasing criteria for state agency purchases of electronic equipment.
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Connecticut (PENDING)
House Bill 7249, legislation that would require manufacturers of computers and other electronic devices to pay a $5,000 registration fee to the Connecticut Department of Environmental Protection, was introduced on Feb. 22, 2007. If enacted, the bill would require manufacturers to pay fees to cover the costs of collection, transportation, and recycling of electronic devices. The bill would also require retailers to be responsible for posting information on where and how to recycle the covered electronic equipment. Retailers would only be able to sell electronic equipment manufactured by companies registered with DEP. The bill was referred to the Joint Committee on the Environment on Feb. 22, 2007. House Bill 7123 was introduced on Feb. 13, 2007, as a producer-responsibility bill that would require manufacturers of covered electronic devices (CEDs) to pay a fee to the Commissioner of Revenue Services on the sale of devices. The bill was referred to the Joint Committee on Environment. Senate Bill 1225 was introduced on Feb. 29, 2007 and currently is pending. If passed, the law would establish an Electronics Recycling Account at the Connecticut DEP to reimburse authorized collectors and recyclers of covered electronic devices, including cathode ray tube devices or other video display devices. SB 1225 was referred to the Joint Committee on the Environment.
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Maine Electronic Waste and CRT Disposal Prohibition Laws
Maine passed two electronics waste laws, 38 MRSA 1610 – Electronic Waste, and 38 MRSA 1306.4 – CRT Disposal Prohibition, both of which came into effect on July 20, 2006. The purpose of the laws were to “establish a comprehensive electronics recycling system that ensures the safe and environmentally sound handling, recycling and disposal of electronic products and components and encourages the design of electronic products and components that are less toxic and more recyclable." Under the laws, municipalities are responsible for ensuring a system for delivering residential waste computer monitors to a consolidation facility. Manufacturers are responsible for paying the consolidators for the costs of handling, transportation and recycling of electronics products, plus a pro rata share of products from receipt at the consolidator through recycling. Recyclers are audited for handling, processing, refurbishment and recycling of equipment to meet environmentally sound management guidelines published by Maine Department of Environmental Protection, which is charged with compliance responsibilities. Retailers are charged with ensuring the sale of products of manufacturers that are in compliance with Maine’s E-Waste Law. Facilities also must identify and properly manage components harvested from disassembly. Additionally, the CRT Disposal Prohibition law specifically bans the landfilling or incineration of computer monitors.
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Maryland Computer Recycling Pilot Program
In 2004, Maryland enacted legislation requiring the state’s Department of the Environment to study the establishment and implementation of an electronic waste collection system. On May 10, 2005, Gov. Robert Ehrlich signed into law the Statewide Computer Recycling Pilot Program (H.B. 575), which applied to all desktop and laptop computers and computer monitors sold in the state, which went into effect on July 1, 2005. The program requires computer manufacturers to register with the state before they are allowed to sell new computers. The law directs the Maryland Department of the Environment (MDE) to assist counties in developing recycling plans, defining the methods for separate collection and recycling of computers and other electronics recyclables. The pilot program is scheduled to automatically “sunset” on December 31, 2010. In the meantime, the law directs the MDE to study the environmental and public health impacts of disposing of and recycling cathode ray tubes, and report the findings to the legislature by Dec. 1, 2008.
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Massachusetts DEP Ban on CRTs
The Massachusetts Department of Environmental Protection (DEP) banned cathode ray tubes from all state solid waste disposal facilities effective April 1, 2000. Specifically, DEP took action to prohibit the disposal of CRTs in Massachusetts landfills and incinerators; remove the hazardous waste stigma from used electronics by exempting them from regulation as a hazardous waste if they are handled intact; and provide economic incentives for the establishment of a collection and recovery system.
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Minnesota Statute 115A.9565 Banning CRT Disposal
In 2003, the Minnesota Legislature passed a law that banned the disposal of electronics containing cathode ray tubes and went into effect July 1, 2005. A year later, legislation was passed that delayed implementation of the ban until July 1, 2006, in order to consider management strategies for waste electronics and address concerns from local government regarding the costs to establish comprehensive electronics recycling programs. The statewide CRT disposal ban in landfills went into effect in 2006, but with no program or funding to deal with the collection and recycling of e-waste. The Minnesota Pollution Control Agency (MPCA) encourages collection and recycling of e-waste and has developed a policy to eliminate barriers to recycling. Collectors and processors who store or dispose of e-waste in an environmentally unsound manner are subject to hazardous waste enforcement. In April 2007, the Minnesota House passed a bill to establish a statewide program to recycle used computer monitors and other electronic devices. Manufacturers now will pay fees to the state to fund a collection program.
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Nebraska (PENDING)
Nebraska legislators on Jan. 17, 2007, introduced the Electronics Recycling System Act (LB 583). If enacted, the legislation would establish an electronics recycling program for the safe and environmental management of covered electronic devices, including computers, cathode ray tube monitors and peripherals. Electronics equipment manufacturers would be required to register with the Nebraska Department of Environmental Quality (DEQ) and pay a registration fee to fund a program for the collection, transportation and recycling of its covered electronic devices. The DEQ would supervise the program, which would begin Jan. 31, 2008.
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New Hampshire Law on Video Display Device Disposal
New Hampshire legislators in May 2006 signed into law a ban on “video display devices” from state landfills and incinerators. Video display devices include computer components that possess a cathode ray tube, liquid crystal display, gas plasma, digital light processing or other image projection technology, and its case, interior wires and circuitry. The regulation takes effect on July 1, 2007 and requires the state department of environmental services to monitor the disposal of electronic waste.
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New Jersey (PENDING)
An Electronic Waste Recycling Act (AB 3572) was introduced to the New Jersey Legislature on Oct. 23, 2006. If passed, the bill would require computer manufacturers to pay a $5,000 registration fee each year to the New Jersey Department of Environmental Protection (DEP). The fees would finance a program for the collection and recycling of electronic devices. The bill also would require manufacturers to submit fees based on sales and to develop permanent labeling. The bill was referred to the Assembly Appropriations Committee on Jan. 22, 2007.
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New York (PENDING)
In New York, legislation titled The Manufacturer Return Share Electronic Equipment Recycling Act (AB 2648) was introduced on Jan. 18, 2007. If enacted, the bill would require manufacturers of covered electronic equipment, including computers and monitors, to pay a $5,000 registration fee to the New York Department of Environmental Conservation (DEC) for the collection, transportation and recycling of electronic devices. Fees would be used by the DEC to finance a program for the collection and recycling of electronic devices. The bill would also require retailers to be responsible for posting information about recycling. Retailers would only be able to sell electronic equipment manufactured by companies registered with DEC. The bill was referred to the Environmental Conservation Committee.
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North Carolina Landfill Ban on Electronics
North Carolina HB 1465/SL 2005-362 was ratified in September 2005, prohibiting the disposal of electronic devices in state landfills. Specifically, the law bans computer CPUs, monitors, laptops and any device with a video display. The law goes into effect on Oct. 1, 2009.
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Oregon (PENDING)
Legislation that would regulate electronic waste was introduced in January 2007 to Oregon legislators. House Bill 2626 was approved by the House Energy and Environment Committee and moved to the Joint Ways & Means Committee in February 2007. If enacted, Oregon's bill would cover desktop computers, laptops and monitors. The law would require electronics manufacturers to set up collection facilities throughout the state by Jan. 1, 2009. Oregon’s Environmental Quality Commission would adopt rules to implement a system for recycling covered electronic devices.
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Pennsylvania (PENDING)
On March 19, 2007, the Pennsylvania House of Representatives introduced Resolution No. 112, directing the Pennsylvania Department of Environmental Protection to identify and implement policies which encourage the use of current electronic waste recycling programs and expand existing programs. The measure was referred to the Committee on Environmental Resources and Energy.
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Rhode Island Electronic Waste Prevention, Reuse and Recycling Act
The Rhode Island Electronic Waste Prevention, Reuse and Recycling Act (HB 7789) was introduced in February 2006 and became law on July 7, 2006. The law, which goes into effect on July 1, 2008, shifts the financial responsibility for the costs for collecting, recycling and disposing of discarded electronic products from local taxpayers to the manufacturers. Electronics covered include computer monitors, televisions, and computer peripherals. The law directs the Rhode Island Department of Environmental Management examine a broader collection, recycling and reuse program for electronic equipment in Rhode Island.
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South Carolina (PENDING)
South Carolina SB 169 was introduced on Jan. 9, 2007. If enacted, the law would require the state’s Recycling Market Development Advisory Council to impose a $5 fee at the point of purchase for electronic equipment containing cathode ray tubes. Fees would be used to finance a program for collecting, transporting and processing scrap electronic equipment. South Carolina’s Office of Solid Waste and Reduction would oversee the program. The legislation was referred to Senate Committee on Agriculture and Natural Resources.
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Virginia Regulation Permitting Localities to Ban CRT Disposal
In 2003, the Virginia Legislature passed a regulation, 10.1-1425 of the Code of Virginia, which permits localities to ban electronic waste containing cathode ray tubes from public landfills. According to the regulation, the locality must first implement a recycling program that is capable of handling all cathode ray tubes generated within its jurisdiction. Local ordinances are not permitted to contain any provision that penalizes anyone other than the initial generator of CRTs, the regulation states. The Virginia Department of Environmental Quality established an Electronics Waste Management Advisory Committee in 2004 to review the state's electronics recycling infrastructure. The committee generated Guiding Principles for eWaste Management in Virginia, for use by localities.
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Washington Electronic Product Recycling Law
The Washington State Legislature passed the Electronic Product Recycling law (Chapter 70.95N RCW) in 2006, requiring manufacturers of computers, monitors, laptops and portable computers to provide recycling services throughout the state at no cost to households, small businesses, small local governments, charities and school districts. The legislature determined that a system must encourage the design of electronic products that are less toxic and more recyclable and that the responsibility for this system must be shared among all stakeholders, with manufacturers financing the collection, transportation, and recycling system. The Washington Department of Ecology is required to create administrative rules to implement the new law, which became effective on Dec. 8, 2006. WDE requires manufacturers to register, pay an annual administrative fee to cover the agency’s costs and brand their products sold in Washington. The law also prescribes the enforcement process and associated penalties for non-compliance.
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New York City Equipment Recycling and Reuse Act of 2005
The City of New York implemented a local law pertaining to recycling, reuse and safe handling of electronic equipment sold in the city. New York City Council established the New York City Equipment Recycling and Reuse Act of 2005, which went into effect on Jan. 1, 2007, in an effort to ensure the environmentally sound collection, handling, recycling, reuse and disposal of electronic equipment and encourage the design of electronic products and components that are less toxic and more recyclable. Manufacturers of electronic equipment are charged with financial responsibility for the program and must submit recycling plans to the city council no later than Jan. 1, 2008. The New York Departments of Sanitation and Consumer Affairs are charged with compliance responsibilities.
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E-waste and Environmental Regulations Database |
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Mounting pressures regarding the environmentally and socially responsible management of e-waste are triggering more stringent laws around the globe. Redemtech’s E-waste and Environmental Regulations Database delivers information about regulations, directives, national decrees, statutes, ordinances and pending e-waste and environmental legislation. |
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Data Security Regulations |
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Legislation governing the protection of consumer privacy and identify theft continue to propagate on a global, federal, state and local level. Redemtech’s Data Security and Privacy Regulatory Database documents applicable regulations, established laws, constitutional amendments and pending legislation for many nations around the globe. |
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