Reuse and the New Laws by Jason Linnell AT Reuse Conference –9/15

About Us National Center for Electronics Recycling: Non-profit 501c3 Located in Parkersburg, WV Involved in Federal, State & Association Projects Conduct Research, Run Collection Programs Spearhead the National Electronics Recycling Infrastructure Clearinghouse Manage Oregon State Contractor Program Our Mission: Dedicated to the development and enhancement of a national infrastructure for the recycling of used electronics in the U.S.

Overview of States With Laws WA ME MN OR MA NH VT MI RI NJ CT MD IL IN CA WV NYC MO VA NC OK AR TX States With Producer Responsibility Laws States With ARF (Consumer Fees) Laws States With Landfill Disposal Fee States With Disposal Ban/No E-Waste Law 3

Highlights True “Patchwork” of Approaches to common challenge How is the program funded? 1 Advanced Fee, 5 Types of Manufacturer Financing Which products are covered? 10 different sets of product lists Who can use the recycling system? 8 sets of “covered entities” Definitions, interpretations vary as well 4

Product Scope By State Desktops, Laptops (over 4 inch), TVs (over 4 inch), Monitors (over 4 inch) Laptops, TVs (over 9 inch), Monitors (over 9 inch) TVs with exclusions (over 4 inch), Monitors (over 4 inch), Laptops (over 4 inch) TVs (over 4 inch), Monitors (over 4 inch), Laptops (over 4 inch) Desktops, laptops, computer monitors, printers, and TVs Desktops, laptops, computer monitors, printers, keyboards, mice, digital music players, and TVs Desktops, laptops, computer monitors over 9 inch and TVs over 9 inch Rhode Island NYC Hawaii *Product scope for MD and MN includes products triggering a manufacturer obligation to participate in the program. Desktops, monitors, laptops TVs, Desktops, monitors, laptops, keyboard, mice, and other peripheral equipment (excluding printers) 5

Limitations Some restrict to just households, small business Medical equipment generally excluded: “A CED does not include a video display device that is contained within, or a part of a piece of industrial, commercial, or medical equipment, including monitoring or control equipment.” In almost all states except TX, VA, but household limitation (and AR)

State In Effect? Date CA Yes 1/1/2005 ME 1/18/2006 MD 1/1/2006 MN 7/1/2007 OK 1/1/2009 OR RI Yes* 2/1/2009 TX 9/1/2008 WA VA 7/1/2009 WV CT No* 7/1/2009 – likely early 2010 HI No 1/1/2010 IL IN 4/1/2010 MO 7/1/2010 NC NJ NYC 9/1/2009 – delayed plan date

Critical Issues Collector issues System Leakage Get in or Stay Out? What if you collect too much? Limit non-covered products and non-covered entities? System Leakage Prices may be better on the “open market” But do you have resources to verify their practices? Qualification/Certification/Export Handled differently at state level Two competing national voluntary standards 2010 R2 and E-Stewards

What does it mean for collectors? Multiple ways to participate Get on state list, then start collecting or Get contract with manufacturer/group of manufacturers/“program” before collecting Pressure to limit collection volumes or incentive to collect? 9

What does it mean for reuse? Definition! Just plug-in or disassembly allowed? Still a challenge – particularly with manufacturer financing Reuse sometimes prohibited – every covered device collected must be sent to recycler Manufacturer could limit as well More recent laws – extra “credit” pounds given to manufacturer for reuse IL, IN If allowed, how to document appropriate due diligence What happens to reused device – who is manufacturer? 10

How Is A Manufacturer Defined In Each State? Differently! The Manufacturer/ Brand Connection How Is A Manufacturer Defined In Each State? Differently! Some states allow non-brand owners to claim responsibility for brands (ie. ME & MN) Some states require the “brand owner” to be responsible for that brand (ie. WA & MD) Some states allow only the brand owner or licensee to be the “manufacturer” (ie. OR) Some states cover historic producers, even if no longer in that product market (ie. ME & WA) 11

What is THE “Brand?” for Recycling Purposes? Same product may include multiple “brand” markings Are true brands, but not correct brand for assignment of responsibility Correct brands to record depends on program, purpose of brand recording In ME, the correct brand is the one that is registered to a claiming “manufacturer” and may require recording of marking on both the front and/or back of unit In WA, the brand on the front of the unit exclusively is used to determine the “true” brand for recycling responsibility purposes. 12

NCER Resources Updated listing of state laws and description Recycling options through mygreenelectronics.com and others Studies, background, analysis Compliance Calendar Main sites: www.electronicsrecycling.org www.ecyclingresource.org 13

Thank You! Jason Linnell, NCER Phone: (304) 699-1008 jlinnell@electronicsrecycling.org Visit us on the web: www.electronicsrecycling.org and www.ecyclingresource.org

Backup Slides

Types of Financing ARF - Electronic Waste Recycling Fee, assessed on ME ARF - Electronic Waste Recycling Fee, assessed on the sale of covered electronic products FEE - Manufacturer Annual Registration Fees (can be significantly reduced by establishing an approved take-back program) SHARE - Manufacturers must finance a program to collect & recycle their brand’s share of covered products, either collectively or independently (LBS. SOLD Manufacturer pays registration fee and for collection and recycling of covered electronic devices based on their yearly sales to households NYC MN OR MI CT RI NJ IN MD IL CA WV VA MO NC OK HI TX RETURNS 1 - Manufacturers must develop and implement their own recycling programs for their own returned products (TX requires program to collect from consumers, NC requires program to collect from collectors). RETURNS 2 - Manufacturers pay for transportation and recycling of their own branded products collected by others plus a pro rata share of all orphan products

Adding Covered Entities Our Patchwork Quilt Hawaii NYC Rhode Island -Households -Small Businesses -Public Schools Households Only -Households -Small Business -Non-Profits -Any Entity w/ Fewer Than 7 Devices -Households -Small Gov’t -Small Business -School Districts -Charities Households & Schools Consumers Only (Who Use Computer Equipment for Home or Home Business Use) Households Small Business with fewer than 7 employees Any Entity 17