2003 -- H 5783

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LC01687

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2003

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A N A C T

RELATING TO HEALTH AND SAFETY - ELECTRONIC WASTE PRODUCER

RESPONSIBILITY

     Introduced By: Representatives Handy, Ajello, Moura, Anguilla, and Cerra

     Date Introduced: February 11, 2003

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 23 of the General Laws entitled "Health and Safety" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 24.10

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ELECTRONIC WASTE PRODUCER RESPONSIBILITY ACT

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     23-24.10-1. Short title. - - This chapter shall be known as the “Electronic Waste

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Producer Responsibility Act.”

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     23-24.10-2. Findings. - - The general assembly has found and hereby declares that:

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     (1) Electronic waste contains lead, mercury, chromium, cadmium, polyvinyl chloride,

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mixed plastics, beryllium, brominated flame retardants and other hazardous substances, and

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therefore pose a threat to human health and the environment if improperly disposed of at the end

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of their useful life;

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     (2) Less than ten (10) percent of discarded electronic equipment are currently recycled,

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with the remainder stockpiled or improperly disposed of, while large quantities of the toxic

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equipment intended for recycling are shipped overseas for dismantling under horrific conditions

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and many domestic processors can not attest to the ultimate disposition of the materials collected;

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     (3) The full extent of the public health threat and environmental contamination resulting

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from electronic equipment entering the waste stream through disposal into landfills or

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incinerators is unknown, but is estimated that forty percent (40%) of the heavy metals in

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municipal landfills come from electronic discards;

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     (4) Currently, producers of electronic equipment bear none of the burden or responsibility

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for safely managing discarded electronic equipment at the end of its useful life, burdening state

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taxpayers, local governments and end users with these costs and responsibilities;

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     (5) The intent of this chapter is to shift the financial responsibility for the collection and

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recycling of discarded electronic waste from the taxpayers of Rhode Island to the producers of

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electronic products.

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     23-24.10-3. Definitions. - - For the purpose of this chapter:

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     (1) “Department” means the department of environmental management.

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     (2) “Electronic equipment” means equipment that: is dependent on electric currents

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electromagnetic fields in order to work properly and contains one or more printed circuit boards;

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and includes, but is not limited to, computer equipment such as cathode ray tubes, display

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monitors, central processing units, keyboards, printers, computer peripherals; display monitors,

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and displays; telecommunication equipment such as telephones, cellular phones, facsimile

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machines, answering machines; small electronic devices and appliances containing one or more

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circuit boards; video and stereo equipment; televisions, toys, games and educational devices

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containing one or more printed circuit boards; and major household appliances containing one or

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more printed circuit boards.

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     (3) “Electronic waste” means electronic equipment which has been discarded, become

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obsolete, ceased to function, is no longer wanted by its owner, or for any other reason enters the

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collection, recovery, treatment, processing or recycling system.

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     (4) “Environment” includes, but is not limited to, all the state’s natural resources

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including land, air and water resources, and plant and animal species, and the habitat upon which

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they depend.

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     (5) “Historic waste” means electronic equipment which became electronic waste prior to

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the effective date of the requirements of this act, the producer of which is still in business.

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     (6) “Orphan waste,” means electronic waste manufactured by or bearing the brand name

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of a company which is no longer in business as of the effective date of this act.

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     (7) “Plan” means the plan for producer financed collection, recovery, and recycling of

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electronic waste as provided for in section 23-24.10-5.

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     (8) “Producer” means any person irrespective of the sales techniques or channels used to

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sell their products, including means of distance communication, that manufactures and sells

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electronic equipment under its own brand; resells under its own brand equipment produced by

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other suppliers, a reseller not being regarded as the producer if the brand of the actual

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manufacturer appears on the equipment; imports electronic equipment for first sale in Rhode

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Island.

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     (9) “Recycling” means the reprocessing of the waste materials for the original purpose or

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for other purposes, but excluding energy recovery or energy generation by means of combusting

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electronic waste with or without other waste.

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     (10) “Re-use” means any operation by which electronic waste or components thereof are

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used for the same purpose for which they were conceived, including the continued use of the

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equipment or components thereof which are returned to collection points, recyclers, or producers.

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     23-24.10-4. Financial responsibility. - - (a) No later then twenty-four (24) months

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following the effective date of this chapter producers shall be responsible for implementing a

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program for financing the environmentally-sound collection, treatment, recovery, and final

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disposition of discarded and obsolete electronic equipment, including orphan and historic waste.

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     (b) Producers are responsible for financing the environmentally sound management of the

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waste from its own products, but may execute this obligation through individual financing

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schemes or in cooperation with other producers.

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     (c) Consumers and equipment end users may be responsible for delivering electronic

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waste into the collection system, as may be provided for in the producer’s plan; provided,

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however, that producers may include direct collection, reverse delivery systems, or reverse

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logistics systems in their plan.

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     (d) Consumers shall not be charged to return electronic waste.

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     (e) Producers failing to implement financial responsibility program within the time

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provided for in this chapter shall be prohibited from selling their products in Rhode Island.

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     23-24.10-5. Financial responsibility plan. - - (a) No later than six (6) months following

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the effective date of this act, producers of electronic equipment sold in Rhode Island shall submit

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to the department for review a plan designed to meet their responsibilities under this act.

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     (b) Said plan may not be approved by the department unless the plan, at a minimum,

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provides:

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     (1) An effective system for financing the collection, treatment, recovery, re-use, and

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disposition of all products sold by the producer in Rhode Island; and

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     (2) A plan for financing that producer’s share of orphan and historic waste in Rhode

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Island, as determined by the department, as of the effective date of their financial obligation; and

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     (3) A plan for complying with the labeling, consumer notification, and public education

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requirements of this chapter that are necessary to ensure the protection of electronics users,

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processors and recyclers, and ensure participation in the producer’s plan; and

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     (4) Documentation of the willingness of all necessary parties involved to implement the

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proposed plan, and assurances that the plan will comply with all applicable state and local

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environmental laws and regulations; and

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     (5) A description of the performance measurers to be used and reported by the producer

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to the department to demonstrate that the collection system is meeting measurers of the program’s

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effectiveness required by the department; and

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     (6) A description of the alternative or additional actions that will be implemented by the

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producer to improve the collection, recovery and recycling systems in the event that the program

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targets are not met.

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     (d) The department shall assess a fee on each producer which shall cover the full costs

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incurred by the department for the review of proposed plans and for other costs incurred by the

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department for implementation of this chapter.

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     (e) Upon a determination by the department that a producer is not meeting the

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performance standards set by the department for the collection and recycling of electronic waste,

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the department may order said producer to take actions the department deems necessary to

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achieve said performance standards.

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     (f) Any producer who fails to meet any of the requirements of this section within the time

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required shall be prohibited from selling electronic equipment in Rhode Island.

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     23-24.10-6. Disposal ban. - - Electronic waste regulated pursuant to this act, including

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the constituent sub-units and/or materials from which the waste is composed of, shall not be

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disposed of in landfills, incinerators, cement kilns or other forms of energy recovery or energy

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generation dependent on combustion.

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     23-24.10-7. Hazardous materials phase out. - - (a) No later than twelve (12) months

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following the effective date of this act, producers selling electronic equipment in Rhode Island

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must phase out the use of lead, mercury, cadmium, hexavalent chromium, brominated flame

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retardants, and polyvinyl chloride and only offer for sale products that contain less harmful

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alternatives.

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     (b) If a producer provides sufficient demonstration to the department that it is technically

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impossible to use an alternative substance, a limited term exemption may be issued by the

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department. An exemption shall be rescinded by the department when the department determines

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that a less harmful alternative for the substance can be used.

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     (c) If the exemption is granted by the department, the department may assign a limited

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amount of time before the exemption expires to ensure that producers are investing in research

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and development to identify an appropriate less harmful alternative.

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     23-24.10-8. Labeling requirement. - - (a) No later than twelve (12) months following

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the effective date of this act, electronic equipment sold in Rhode Island must be clearly marked

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and/or labeled, or informational materials shall be provided with the new product, which provide

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consumers and end users with information relating to the following:

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     (1) the hazardous materials contained in the electronic equipment and the parts or sub-

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units which contain the particular substances;

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     (2) the requirements not to dispose of electronic equipment in landfills, incinerators or

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any other means not approved as part of the producer’s plan; and

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     (3) a toll-free phone number and internet web site address where consumers can obtain

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information and instructions about the safe collection of the electronic product through the

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producer’s plan.

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     (4) as part of an approved program plan, a producer shall implement a consumer

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education plan that will provide consumers with an information about:

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     (i) the prohibition on disposal of electronic waste by any means not included as part of

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the producer’s approved program plan;

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     (ii) the electronic waste return and collection systems available to them;

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     (iii) the potential effects on the environment and human health as a result of the presence

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of hazardous substances contained in electronic equipment and the dangers of improper disposal;

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and

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     (iv) the consumers’ and electronic equipment users’ roles in contributing to the re-use,

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recycling, and other forms of electronic waste recovery.

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     (b) No later than twenty-four (24) months following implementation of the producer’s

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plan, each producer must demonstrate to the department that it has achieved a level of eighty-five

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(85%) percent public awareness of the program for each of its covered product categories through

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independent public polling. Producers may collectively undertake such a demonstration of public

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awareness so long as the polling instrument is designed to identify public awareness of a majority

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of producers’ programs or a majority of the electronic equipment types covered by this act. The

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design, protocols and implementation plan for the opinion polling required in this section must be

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approved by the department.

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     (c) As part of an approved plan, to facilitate the correct and environmentally sound

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treatment of electronic waste, producers must demonstrate to the department that they have

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adequate measurers to provide information to recyclers and processors for their electronic

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equipment. No later than twelve (12) months after new electronic equipment enters the market,

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producers shall provide new information to recyclers and processors regarding the end of life

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treatment of the new product relating to disassembly, material content, and safety concerns.

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     23-24.10-9. Worker health and safety. – All persons collecting, recovering, and

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recycling electronic waste as part of an approved plan must protect the health and safety of their

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workers and contractors by:

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     (a) providing clear evidence to the department of compliance with all state and federal

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occupational safety and health laws and regulations; and

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     (b) performing routine industrial hygiene monitoring and quarterly reporting for all

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facilities for all hazardous materials of concern, including, but not limited to, monitoring for

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airborne lead and bromine, chlorine, and mercury compounds; and

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     (c) performing routine human health monitoring and quarterly reporting in accordance

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with all applicable privacy protections for all workers and contractors, including, but not limited

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to, blood testing for exposure to lead and bromine, chlorine, and mercury compounds.

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     23-24.10-10. Prison labor. - - No plan may include reliance on prison labor unless all

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incarcerated workers involved in the processing and recycling of electronic waste are provided

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with compensation equivalent to market rate wages for the work performed and are afforded the

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protections of federal and state occupational safety and health laws and regulations, as well as the

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additional worker safety and health protections required by this act.

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     23-24.10-11. Export ban. - - No person who collects, recovers, treats, processes, or

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recycles electronic waste shall export said waste to any country where the export of hazardous

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waste is prohibited by the Basel Ban Amendment decision (Decision III/1) of the Basel

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Convention on the Control of Transboundary Movement of Hazardous Waste and Their Disposal.

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All producers shall provide no later than January 1, each year to the department written

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documentation, in a form and manner determined by the department, that their program has not

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resulted in the overseas export of electronic waste to any country prohibited by this section.

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     23-24.10-12. State procurement. - - Notwithstanding other policies or guidelines for the

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procurement of equipment, supplies and other products, no later than six (6) months following the

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effective date of this chapter the Rhode Island department of administration shall establish

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purchasing and procurement policies requiring vendors of electronic equipment sold to the state

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to take back electronic waste when the equipment becomes obsolete, is discarded or is otherwise

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taken out of service. The Rhode Island department of administration shall also establish a

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preference for electronic equipment that meets the environmental performance standards

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established pursuant to this chapter relating to the reduction or elimination of hazardous

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materials.

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     23-24.10-13. Compliance. - - (a) Plans required pursuant to this chapter shall be

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submitted to, reviewed by, and approved or disapproved by the department. Plans shall be

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evaluated based upon their sufficiency in light of all the required elements and the department

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shall develop a means for scoring initial submission and providing feedback to producers for

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integration into their final plans.

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     (b) Reports detailing performance of the producer’s financial responsibility program and

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detailing compliance with all the requirements set forth above must be submitted no later than

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January 1, each year to the department. All such reports shall be reviewed within six (6) months

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of their submission and notices of deficiency or noncompliance provided by the department to

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producers by the end of the following quarter.

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     (c) Annual reports required under this section and all other reports outlining the results of

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producer’s program for the current year and two (2) prior years must be made available to the

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general public through the internet and on request.

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     23-24.10-14. Private right of enforcement. - - Each person has the right to a healthful

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environment and protection from contamination resulting from disposal of electronic waste. Any

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person may enforce this right, as well as enforce the provisions and requirements of this act,

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against any party, government or private, through appropriate legal proceedings, including

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declaratory and equitable relief, civil penalties, and restoration damages, to protect the public

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health and environment of Rhode Island from pollution, impairment or destruction resulting from

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electronic waste. The court may award the full costs of litigation, including, but not limited to,

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reasonable expert witness and attorneys’ fees, to the plaintiffs should they prevail. This provision

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is supplementary to existing rights and procedures provided by law.

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     23-24.10-15. Regulations. - - The department shall promulgate rules and regulations as

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may be necessary to implement and carry out the provisions of this chapter.

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     23-24.10-16. Severability and construction. – The provisions of this chapter shall be

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severable, and if any court declares any phrase, clause, sentence, or provision of this chapter to be

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invalid, or its applicability of any government, agency, person, or circumstance is declared

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invalid, the remainder of the chapter and its relevant applicability shall not be affected. The

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provisions of this chapter shall be liberally construed to give effect to the purposes thereof.

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     SECTION 2. This act shall take effect upon passage.

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LC01687

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY - ELECTRONIC WASTE PRODUCER

RESPONSIBILITY

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     This act would create the electronic waste producer responsibility act designed to regulate

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the disposal of electronic waste.

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     This act would take effect upon passage.

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LC01687

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