2005 -- H 6115

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LC01690

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2005

____________

A N A C T

RELATING TO HEALTH AND SAFETY -- ELECTRONIC WASTE PRODUCER

RESPONSIBILITY

     Introduced By: Representatives Handy, Ginaitt, Gallison, McNamara, and Rice

     Date Introduced: March 02, 2005

     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 PRODUCER RESPONSIBILITY ACT

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

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Responsibility Act."

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     23-24.10-2. Findings. – The general assembly finds 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 percent (10%) 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 and many domestic

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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; and/or

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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. – (a) For the purpose of this chapter:

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     (1) "Cathode ray tube" or "CRT" means a vacuum tube or picture tube used to convert an

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electronic signal into a visual image.

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     (2) "Collection system" means the system for the collection, packaging, transportation,

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and recycling of products discarded by consumers.

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     (3) "Computer monitor" means a cathode ray tube or flat panel display primarily intended

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to display information from a central processing unit, network, or the internet.

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     (4) "Consolidation facility" means a facility where discarded electronic products are

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consolidated and temporarily stored while awaiting shipment to a recycling, treatment or disposal

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facility and includes a transport vehicle owned or leased by a recycling and dismantling facility

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used to collect covered electronic products at municipal collection sites in this state.

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     (5) "Covered electronic product" means a cathode ray tube, a product containing a

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cathode ray tube, a Liquid Crystal Display (LCD) or other flat panel television or computer

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monitor or similar video display product, a computer central processing unit that contains one or

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more circuit boards and includes a desktop computer or a laptop computer, and computer

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peripherals including, but not limited to, keyboards, mice and other pointing devices, printers,

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scanners, and card readers, but does not include an automobile, a household appliance, a large

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piece of commercial or industrial equipment containing a cathode ray tube, a cathode ray tube

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product, a flat panel display or similar video display device that is contained within, and is not

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separate from, the larger piece of equipment, or other medical products as that term is defined

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under the Federal Food, Drug, and Cosmetic Act.

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

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     (7) "Environmental" 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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     (8) "Environmentally sound recycling" means collection and recycling which meets the

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standards established by the department.

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     (9) "Hazardous electronic waste" includes circuit boards, CRTs, computers, computer

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monitors, peripherals, and other electronics products containing circuit boards and/or CRT,

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mercury and PCB containing components, lamps and devices. The definition of "hazardous

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electronic waste" does not include nonhazardous wastes such as copper unless it is contaminated

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with a hazardous waster such as lead, cadmium, PCBs, mercury. The definition of "hazardous

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electronic waste" includes nonworking materials exported for repair unless assurances exist that

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hazardous comoponents such as CRTs or circuit boards will not be disposed of in the importing

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country as a result. The definition of "hazardous electronic waste" does not include working

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equipment and parts that are certified as working, that are not intended for disposal or recycling,

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but for re-use and resale.

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     (10) "Historic waste" means a covered electronic product which was discarded prior to

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the effective date of this chapter.

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     (11) "Municipal collection site" means a municipally owned solid waste transfer station

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or recycling center, including a facility owned by a consortium of municipalities or a facility that

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is under contract with a municipality or consortium of municipalities to provide solid waste

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management services.

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     (12) "Orphan waste" means a covered electronic product, the producer of which can not

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be identified or is no longer in business and has no successor in interest and which was discarded

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prior to the effective date of this chapter.

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     (13) "Producer" means a person or company, irrespective of sales technique or channels

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used to sell their products, including mail order, internet, or other means of distance

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communication, that:

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     (i) manufactures and sells electronic products under its own brand; or

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     (ii) resells under its own brand a product produced by others, a reseller not being

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regarded as the producer of the brand if the brand of the actual producer appears on the product;

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or

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     (iii) imports electronic products for first sale in the state; or

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     (iv) manufactures and sells electronic products without affixing a brand.

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     (14) "Recycling and dismantling facility" means a business that processes covered

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electronic products for reuse and recycling.

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     (15) "Recycling" means the use of materials contained in previously manufactured goods

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as feedstock for new products, but not for energy recovery or energy generation by means of

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combustion.

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     (16) "Retailer" includes, but is not limited to, a producer of a covered electronic product

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who sells directly to a consumer through any means, including, but not limited to, transactions

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conducted through sales outlets, catalogs or the internet, or any similar electronic means, but not

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including wholesale transactions with a distributor or other retailer.

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     (17) "Return share" means a percentage of all covered electronic products collected

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calculated by return weight differentiated by type of product; each producer shall have the return

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share represented by the brands it sells among the type of products it manufactures.

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     (18) "Reuse" means any operation by which discarded electronic products or components

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

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of the equipment or components thereof which are delivered for donation or sale to reuse vendors,

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computer refurbishers, schools, government agencies, nonprofits, consolidation facilities,

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recyclers, or producers.

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     (19) "Television" means a covered electronic product that is a cathode ray tube or flat

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panel display primarily intended to receive video programming via broadcast, cable or satellite

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transmission or video from surveillance or other similar cameras.

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      23-24.10-4. Producer individual financial responsibility. – Commencing on the

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effective date of this chapter, producers shall have individual financial responsibility for the

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collection and recycling of their covered electronic products and historic waste which have been

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discarded in Rhode Island, including their return share of orphan waste.

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     23-24.10-5. Sales prohibition. – Commencing on January 1, 2008, the following sales

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prohibitions shall apply to producers and retailers of covered electronic products:

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     (a) A producer not in compliance with this chapter is prohibited from offering a covered

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electronic product for sale in Rhode Island and shall provide the necessary support to retailers to

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ensure the producer's covered electronic products are not offered for sale in the state.

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     (b) A retailer may not offer for sale in this state a covered electronic product of a

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producer that is not in compliance with sections of this chapter.

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     (c) A producer may not offer for sale a covered electronic product unless a visible,

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permanent label clearly identifying the producer of that product is affixed to it.

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     23-24.10-6. Study of reuse market. – The department shall study the existing

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infrastructure in Rhode Island for the donation of covered electronic equipment for reuse and of

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the existing markets for repair and refurbishment of covered electronic equipment and for

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computer reuse and shall submit the findings of the study in a report not later than March 1, 2007,

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to the house committee on environment and natural resources and the senate committee on

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environment and agriculture with recommendations on what requirements should be imposed on

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the plans approved pursuant to this chapter to ensure that the implementation of such plans do not

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reduce the ability of Rhode Island consumers to donate computers for reuse and that the

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implementation of this chapter does not adversely affect the existing infrastructure in Rhode

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Island for local businesses to accept used computers to be repaired and made available for re-use.

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     23-24.10-7. Producer financed collection and recycling plans. – A producer shall

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prepare a proposed collection and recycling plan for covered electronic products and submit the

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plan to the department for approval.

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     (a) On or before June 1, 2007, a producer of covered electronic products shall prepare

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and submit to the department a plan for the collection and recycling or reuse of covered electronic

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products produced by the producer and discarded in this state.

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     (b) Not later than September 1, 2007, the department shall approve or disapprove all

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plans submitted. A producer whose plan is disapproved may reapply at any time, the department

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shall review and approve or disapprove such plans no later than one hundred twenty (120) days

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following the date the plan was submitted.

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     (c) Not later than January 1, 2008, a producer of covered electronic products shall

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implement and finance the implementation of this plan for the collection and recycling and reuse

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of all their covered electronic products discarded in this state.

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     (d) Notwithstanding subsections (a) and (b) of this section, a producer may satisfy

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requirements of this chapter by agreeing to participate in a cooperative recovery and recycling or

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re-use plan with one or more other producers. The cooperative plan must meet the same standards

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and requirements of the plans submitted by individual producers.

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     (e) A producer may satisfy the requirements of this chapter by participating in any

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national collection and recycling program for covered electronic products that complies with all

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the applicable requirements, performance standards, and environmentally sound recycling

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requirements pursuant to this chapter.

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     (f) Producer collection and recycling plans may provide consumers with one or more

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means for returning discarded covered electronic products for collection including, but not

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limited to, the following:

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     (1) Collections of covered electronic products at municipal collection centers, for any

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municipality which agrees to operate such collection centers where the costs are reimbursed by

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the producers; and/or

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     (2) Collection of covered electronic products at consolidations centers, for any

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municipality which agrees to operate such collection centers and deliver the discards to the

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consolidation centers where the costs of the collection centers and delivery to the consolidation

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centers are reimbursed by the producers; and/or

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     (3) Collection at retail stores who agrees to participate in a business relationship with the

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producer; where consumers can drop off their discarded covered electronic products for collection

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by the producers or their agents; and/or

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     (4) Collection through delivery by the United Postal Service or private delivery service

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from the consumer directly to the producer or their recycling facility; and/or

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     (5) Collection from consumers at their households or place of business; and/or

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     (6) Any other means approved by the department.

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     (g) The plan submitted by the producer and approved by the department must include at a

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minimum:

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      (1) Provisions to ensure that the producer will take complete financial responsibility for

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its products when discarded upon receipt at municipal recycling facilities or at consolidation

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facilities in the state;

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      (2) A description of the collection system, including the methods of convenient

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collection;

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      (3) A public education campaign to inform the public about the collection system,

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including details about meeting all consumer notification and labeling requirements;

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      (4) Specific provisions detailing how the producer will inform consumers of where they

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may donate their used covered electronic product to nonprofit corporations, schools, public

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agencies, or to companies that refurbish and repair used electronics for reuse and how the plan

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will not impede the ability of consumers to donate computers for reuse;

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      (5) Details for implementing and financing the handling of covered electronic products,

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historic waste, and orphan waste covered electronic products that are discarded in Rhode Island;

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      (6) Details for the method of reimbursing consolidation facilities, if used in the plan, for

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the costs of handling and recycling the covered electronic products;

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      (7) Documentation of the willingness of all necessary parties to implement the plan,

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including the parties that will participate in the consolidation, treatment, recovery, reuse and

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recycling of the covered electronic products;

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      (8) Assurances that all necessary parties will cooperate in the plan and will operate in

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compliance with local, state and federal waste management laws, rules and regulations;

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      (9) Descriptions of the performance measures that will be used and reported by the

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producer to report recovery and recycling rates for covered electronic products at the end of their

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useful life;

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      (10) Descriptions of additional or alternative actions that will be taken to improve

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recovery and recycling rates, if needed;

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      (11) Description of how the producer will be responsible for all costs associated with the

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development and implementation of the plan; and

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      (12) Certification showing how the plan will comply with the environmentally sound

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recycling requirements established by the department pursuant to this chapter.

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      (h) The department shall not approve any plan that includes:

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      (1) any fee imposed at the sale of the product; or

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      (2) a fee at the time the discarded product is delivered by the consumer to a collection

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point or is collected from the consumer; or

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      (3) any so-called Advanced Disposal Fee (ADF) or Advanced Recovery Fee (ARF)

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where a fee imposed at the time of sale or collection is collected from the consumer and used to

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pay for a collection program implemented by any municipal or state government agency; or

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      (4) any cost to be imposed on a city, town, county, regional entity, or other subdivision

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of the state unless said cost is agreed to by the city, town, county, regional entity, or other

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subdivision of the state.

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      23-24.10-8. Consolidation facilities system.- - Municipalities may agree to share

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responsibility for the collection and recycling of covered electronic products with the producers

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in a system of consolidation facilities as provided in this section.

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      A producer may provide for the collection of their discarded products at consolidation

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facilities throughout the state, individually or in cooperation with other producers, with

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municipalities who agree to participate in delivery of collected covered electronic products to the

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facility and who will be fully reimbursed by the producers through the consolidation facilities for

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all costs. A producer shall ensure that consolidation facilities are geographically located to

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conveniently serve all areas of the state as determined by the department.

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      Each municipality that agrees to participate in the consolidation facility system shall

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ensure that covered electronic products discarded within that municipality's jurisdiction are

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delivered to a consolidation facility. A municipality may meet this requirement through collection

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at and transportation from a local or regional solid waste transfer station or recycling facility, by

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contracting with a disposal facility to accept discards directly from the municipality's residents or

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through curbside pickup or other convenient collection and transportation system.

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      A producer shall pay the reasonable operational costs of any consolidation facility

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attributable to the handling of all covered electronic products discarded in this state, the

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transportation costs from the consolidation facility to a licensed recycling and dismantling

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facility, and the costs of recycling.

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      Not later than January 1, 2009, a consolidation facility shall identify the producer of each

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discarded covered electronic product delivered to the facility and identified as generated by a

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household in Rhode Island and shall maintain an accounting of the number of discarded covered

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electronic products by producer. No later than March 1st each year beginning in 2009 a

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consolidation facility shall provide this accounting by producer to the department. A

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consolidation facility may perform the producer identification accounting for the producer at the

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consolidation facility or may contract for this identification and accounting service with the

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recycling and dismantling facility to which the discard is shipped.

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      A consolidation facility shall work cooperatively with producers to ensure

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implementation of a practical and feasible financing system. At a minimum, a consolidation

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facility shall invoice the producers for the handling, transportation and recycling costs for which

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they are responsible under the provisions of this subsection and shall reimburse the municipalities

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for this costs for collecting, storing, and transporting the discarded covered electronic products.

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Within ninety (90) days of receipt of an invoice, a producer shall reimburse a consolidation

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facility for allowable costs incurred by that consolidation facility.

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      A consolidation facility shall transport discarded covered electronic products to a

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recycling and dismantling facility that provides a sworn certification that its handling, processing,

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refurbishment and recycling of covered electronic products meet guidelines for environmentally

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sound management promulgated by the department. A consolidation facility shall maintain for a

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minimum of three (3) years, a copy of the sworn certification from each recycling and

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dismantling facility that receives covered electronic products from the consolidation facility and

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shall provide the department with a copy of these records within 24 hours of a request by the

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department.

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      23-24.10-9. Reporting. -- Not later than July 1, 2009, and annually thereafter, a producer

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that offers a covered electronic product for sale in this state shall submit a report to the

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department that includes the following: a description of the collection, consolidation and

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recycling services utilized to recover the producer's products; substantiated estimates, on an

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annual basis for the preceding calendar year, of the quantities of covered electronic products

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marketed in this state and collected for recovery in this state; the return rate for their covered

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electronic products based on sales in this state; substantiated estimates of the percentage of

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collected materials that are reused and recycled from its products; the identification of end

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markets including the amount reused and the amount recycled and the ultimate destination of

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recycled and reused products for the collected discards; and any systems implemented by the

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producer to ensure environmentally sound management of its products.

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      Not later than January 1, 2009, and annually thereafter, the department shall provide

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producers and consolidation facilities with a listing of each producer's return share of orphan

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waste and historic waste covered electronic products. The department shall determine each

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producer's return share based on the best available information, including, but not limited to, data

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provided by producers and consolidators and data from electronic waste collection programs in

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other jurisdictions within the United States.

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      The department may keep information submitted pursuant to this section confidential as

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provided by chapter 38-2 of the general laws.

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      23-24.10-10. Environmentally sound recycling. - - The department shall, by regulation,

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require environmental and public health standards for the collection, treatment, and recycling of

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covered electronic products. These standards shall:

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      (1) Require that the reuse of discarded electronic products be maximized to increase their

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useful life as much as possible.

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      (2) Prohibit any hazardous electronic product from being sent to a solid waste (non-

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hazardous waste) landfill or incinerator for disposal or energy recovery, either directly or through

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intermediaries.

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      (3) Prohibit any person who collects, recovers, treats, processes, or recycles electronic

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waste from exporting said waste to any country where the export of hazardous waste is prohibited

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by the Basel Ban Amendment decision (Decision III/I) of the Basel Convention on the Control of

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Transboundary Movement of Hazardous Waste and Their Disposal. All producers shall provide

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no later than January 1 each year to the department written documentation, in a form and manner

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determined by the department, that their program has not resulted in the overseas export of

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electronic waste to any country prohibited by this section.

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      (4) Prohibit covered electronic products from being sent to prisons for recycling either

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directly or through intermediaries.

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      (5) Require that recycling facilities have a certified or otherwise comprehensive and

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comparable environmental management system in place which complies with industry best

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practices.

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      (6) Require that the entire recycling chain, including downstream intermediaries and

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recovery operations such as smelters, meet all applicable environmental and health regulations,

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and that only those facilities which provide the most efficient and least polluting recovery

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services available globally are used.

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      (7) Require visible tracking of hazardous covered electronic products throughout the

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product recycling chain. The tracking information should show the final disposition of all

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hazardous waste materials. An independent auditor acceptable to can be used to verify

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compliance if needed to protect trade secrets.

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      (8) Require the provision of adequate assurance such as bonds or funds held in escrow to

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cover environmental and other costs of the closure of recycling or processing facilities, and to

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provide liability insurance for accidents and incidents involving wastes and to ensure due

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diligence throughout the product chain.

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      23-24.10-11. Fees. - - The department shall assess a fee which shall be payable by the

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producer which shall cover the full costs incurred by the department for the preparation

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regulations, for the review of proposed plans for collection and recycling, for other related

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compliance costs, and for all other costs incurred for implementation of this chapter.

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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 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. 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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      23-24.10-14. 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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      23-24.10-15. 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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LC01690

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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" which would

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establish procedures and regulatory authority for the disposal of electronic waste material.

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     This act would take effect upon passage.

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LC01690

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