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

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. About Us

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

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 Highlights

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

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)

StateIn Effect?Date CAYes1/1/2005 MEYes1/18/2006 MDYes1/1/2006 MNYes7/1/2007 OKYes1/1/2009 ORYes1/1/2009 RIYes*2/1/2009 TXYes9/1/2008 WAYes1/1/2009 VAYes7/1/2009 WVYes1/1/2009 CTNo*7/1/2009 – likely early 2010 HINo1/1/2010 ILNo1/1/2010 INNo4/1/2010 MONo7/1/2010 NCNo1/1/2010 NJNo1/1/2010 NYCNo9/1/2009 – delayed plan date

Critical Issues Collector issues –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

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? What does it mean for collectors?

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? What does it mean for reuse?

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) How Is A Manufacturer Defined In Each State? Differently! The Manufacturer/ Brand Connection

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.

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

Thank You! Jason Linnell, NCER Phone: (304) Visit us on the web: and

Backup Slides

NYC RI 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 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 Types of Financing ME CT NJ MD WV HI VA NC MI IL MO OK TX MN WA OR CA IN

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