2006 -- H 7789 SUBSTITUTE A

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LC01681/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2006

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A N A C T

RELATING TO HEALTH AND SAFETY -- ELECTRONIC WASTE PRODUCER

RESPONSIBILITY

     Introduced By: Representatives Handy, Ajello, Ginaitt, Long, and Lewiss

     Date Introduced: February 28, 2006

     Referred To: House Environment and Natural Resources

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 PREVENTION, REUSE AND RECYCLING ACT

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     23-24.10-1. Purpose. – The purposes of this act are:

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     (1) to study the establishment of a covered electronic product collection, recycling, and

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reuse program for Rhode Island;

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     (2) to develop a comprehensive strategy, with the participation of state agencies,

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producers, processors and consumers, for waste prevention and reduction of covered electronic

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products in the state, which addresses the collection, recycling and reuse of covered electronic

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products from all covered electronic product generators in the state and that ensures the safe and

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environmentally sound handling, reuse and recycling of covered electronic products;

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     (3) to promote the development of state infrastructure for the reuse and recycling of used

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electronics;

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     (4) to eliminate waste generated in the state from covered electronic products from

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landfill and incinerator disposal; and

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     (5) to encourage the design of covered electronic products that are less toxic, more

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durable and more recyclable.

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     23-24.10-2. Findings. – (a) The general assembly finds televisions, computers and other

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electronics are omnipresent in modern society, and the number of obsolete, worn-out or otherwise

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used televisions, computers and other electronic products are increasing;

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     (b) Used televisions and computers contain lead, mercury and other hazardous substances

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

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their useful life;

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     (c) Cathode ray tubes are estimated to be the largest current source of lead in the state's

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municipal solid waste stream;

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     (d) Many flat-panel-display televisions, computer monitors and laptop computers contain

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a mercury-containing lamp for backlighting purposes;

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     (e) The reuse, repair and recycling of televisions and computers protect public health and

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the environment by reducing the potential for the release of heavy metals and mercury from

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landfills and municipal waste combustors into the environment, provide jobs and business

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opportunities for state residents, recover valuable components and materials, reduce energy

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consumption, air and water pollution and greenhouse gas emissions, and conserve valuable

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landfill space;

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     (f) The state of Rhode Island has an interest in resource conservation, waste

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minimization, landfill capacity management, pollution prevention, job creation and recycling;

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     (g) The Rhode Island mercury reduction and education commission recommended that

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electronic waste be banned from disposal as solid waste, be managed through recycling or as

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hazardous waste, and be handled in a manner consistent with products covered by the Mercury

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Reduction and Education Act;

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     (h) The commission also recommended that a system of producer responsibility for the

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collection and recycling of covered electronic devices is the most effective and equitable means

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of keeping this toxic waste out of landfills, alleviating the full financial and physical burden

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placed on the state and municipal governments for handling e-waste, while also providing a

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powerful incentive for manufacturers to reduce toxins and redesign products for recycling; and

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     (i) The general assembly finds that the establishment of a comprehensive system to

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provide for the collection, reuse and recycling of electronic products in this state is consistent

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with its duty to protect the health, safety and welfare of its citizens, enhance and maintain the

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quality of the environment, conserve natural resources, prevent air, water and land pollution and

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stimulate economic growth.

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     23-24.10-3. Definitions. – (a) For the purposes of this chapter:

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     (1) "Department" means the department of environmental management.

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     (2) "Covered electronic products" means:

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     (i) desktop computers (including central processing unit or CPU);

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     (ii) computer monitors, including CRT monitors and flat panel monitors;

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     (iii) portable computers (laptops);

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     (iv) combination units (CPUs with monitors);

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     (v) CRT-based televisions and non-CRT-based televisions; and

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     (vi) television (including plasma and LCD), or any similar video display device with a

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screen greater than four (4) inches diagonally and that contains a circuit board.

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     (3) "Covered electronic product generator" includes any person that has a covered

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electronic product within its possession.

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     (4) "Person" means an individual, trust, firm, joint stock company, corporation (including

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a government corporation), partnership, association, the federal government or any agency or

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subdivision thereof, a state, municipality, commission, political subdivision of a state, or any

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interstate body.

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     23-24-10.4. Scope of products covered. – The scope of products is the same as "covered

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electronic products" and includes products from covered electronic product generators. The

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department is hereby authorized to modify the scope of products through regulations.

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     23-24-10.5. Disposal ban. – (1) After July 1, 2008, no person shall dispose of any of the

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covered electronic products in a manner other than by recycling or disposal as hazardous waste.

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     (2) This ban on disposal shall apply to whole units of covered electronic products, as well

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as to the constituent subunits and materials from which the units are made.

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     (3) No solid waste landfill or transfer station regulated pursuant to section 23-18.9 shall

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accept any covered electronic products for the purposes of disposal after July 1, 2008. All solid

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waste landfills and transfer stations regulated pursuant to section 23-18.9 shall establish

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procedures to promote segregation of covered electronic products from the waste stream, shall

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document those procedures in the facility operating plan, and shall implement those procedures as

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part of the operation of the facility.

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     23-24-10.6. Study to establish a covered electronic product collection, recycling, and

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reuse program. – (a) The department shall study the establishment of collection, recycling, and

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reuse programs for covered electronic products in this state. The department shall consult with

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stakeholders including persons who represent covered electronic product manufacturers, covered

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electronic product retailers, waste haulers, electronics recyclers, charities, cities, environmental

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organizations, public interest organizations, reuse organizations, schools, and other interested

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parties that have a role or interest in the collection, reuse, and recycling of covered electronic

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devices. As part of this study the department shall:

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     (1) Examine existing programs and infrastructure for reuse and recycling of covered

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electronic product;

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     (2) Compile information on covered electronic product manufacturers' covered electronic

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product collection, recycling, and reuse programs;

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     (3) Review existing data on the costs to collect, transport, and recycle electronic waste;

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     (4) Research the potential impacts of recycling or reusing electronic waste on jobs,

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recycling infrastructure, and economic development;

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     (5) Evaluate ways for improving product design to increase recyclability and reduce

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toxicity of products, including the assessment of safer alternatives to toxics outlined in the ROHS

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directive;

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     (6) Develop recommendations to define the role for charities, government agencies, local

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and state governments, businesses, manufacturers, and retailers in the collection, reuse and

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recycling of covered electronic products; and

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     (7) Explore state financial incentives for developing business opportunities and jobs in

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the area of covered electronic product recycling and reuse infrastructure.

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     (b) The department shall, based on the findings and recommendations of subsection (a) of

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this section, develop a plan for implementing and financing a program that addresses the

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collection, recycling, and reuse of covered electronic products from all covered electronic product

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generators in the state. In drafting this plan, the following factors will be considered by the

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department:

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     (1) The recommendations of the mercury reduction and education commission regarding

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methods of financing the collection, reuse, and recycling programs for covered electronic

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products;

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     (2) The impact of the approach on local governments, nonprofit organizations, waste

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haulers and other stakeholders;

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     (3) How to address historic and orphan waste, including an assessment of financing

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mechanisms used for collecting and recycling historic and orphan wastes;

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     (4) The development of recycling and processing standards that protect the health of

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workers and the environment in communities where covered electronic products are recycled

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and/or modified for reuse, which may include a ban on the export on nonworking covered

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electronic products to developing countries;

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     (5) Urban versus rural recycling challenges and issues;

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     (6) The role of covered electronic product manufacturers;

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     (7) The development of possible performance measures to assess the effectiveness of

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collection, reuse and recycling of covered electronic products; and

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     (8) Special consideration will be given to costs incurred by charitable organizations

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receiving unwanted electronic products and the waste collection systems that could be developed

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as a result of this activity.

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     (c) The department shall submit two (2) progress reports to the general assembly and the

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governor as follows:

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     (1) On or before January 1, 2007, the department shall submit a progress report on the

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study required by subsection (a) of this section including the provisions made for the inclusion of

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stakeholders, the issues that will be addressed in the study, and the work program to develop the

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plan required by subsection (b) of this section.

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     (2) On or before May 1, 2007, the department shall submit a progress report describing

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the progress of the study and of the development of the plan and identifying any issues that might

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need to be resolved in implementing an electronic waste collection, reuse and recycling program."

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      (d) The department shall submit to the general assembly, no later than December 31,

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2007, a program to accomplish the purposes of the chapter, which program shall include:

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     (1) Findings and recommendations for implementing and financing the collection, reuse

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and recycling of covered electronic products; and

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     (2) A plan and recommendations for any legislation necessary to implement the plan, for

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the collection, reuse and recycling of covered electronic products.

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     (e) The department may promulgate such regulations as may be necessary to implement

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the electronic waste collection, reuse and recycling program, which regulations shall be effective

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upon passage of the program by the general assembly.

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     SECTION 2. This act shall take effect upon passage.

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LC01681/SUB A

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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 Prevention, Reuse and Recycling Act to

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establish a comprehensive system regulating electronic waste to protect the health, safety and

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welfare of residents of this state.

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     This act would take effect upon passage.

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LC01681/SUB A

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