Overview of State E-Waste Laws Barbara Kyle Electronics TakeBack Coalition June 2, 2009

E-Waste Legislation Topics What state e-waste laws have been passed? What’s the major difference between these laws? What data do we have coming from states with e- waste programs?

Two Basic Categories of State Laws Consumer Fee Law (ARF) –Consumers pay recycling fee at purchase –California is the only ARF state Producer Responsibility Laws –Manufacturers pay for collection and recycling –18 states plus New York City

19 States have passed E-Waste Recycling Laws (plus New York City) AK MT WY ID WA OR NV UT CA AZ ND SD NE CO NM TX OK KS AR LA MO IA MN WI IL IN KY TN MS AL GA FL SC NC VA WV OH MI NY PA MD DE NJ CT RI MA ME VT NH HI Producer responsibility law passed 18 states plus New York City ARF (Consumer fee) laws passed. 1 State

13 More states are trying to pass e-waste laws: States with e-waste recycling laws plus bills introduced in 2009 AK MT WY ID WA OR NV UT CA AZ ND SD NE CO NM TX OK KS AR LA MO IA MN WI IL IN KY TN MS AL GA FL SC NC VA WV OH MI NY PA MD DE NJ CT RI MA ME VT NH HI Producer responsibility law passed 18 states plus New York City ARF (Consumer fee) laws passed. 1 State E-waste bill introduced in 2009

Producer Responsibility State Laws Some differences in details between laws, e.g.: –Scope of products covered –Filing and approval of plans, registration fees –Recycling standards Primary, Fundamental Difference Between Laws: –Are there “drivers” – incentives for high level of participation, that drive high collection volumes?

Producer Responsibility State Laws How do different producer responsibility laws drive high collection volumes (or not) No collection drivers. Manufacturers decide what they want to do. Partial collection drivers Bills with strong drivers for high collection Dell bill: Companies must simply have a program. No specific requirements. Local Governments Manage Collection Producers pay for recycling, but not always for collection. Return Share Bills Companies are assigned a “return share” based on the portion of their products coming back in all collection activities. Bill motivates collection of e-waste in various ways with some kind of performance measures or convenience metrics.

No collection drivers: States adopting Dell model bill (in red) AK MT WY ID WA OR NV UT CA AZ ND SD NE CO NM TX OK KS AR LA MO IA MN WI IL IN KY TN MS AL GA FL SC NC VA WV OH MI NY PA MD DE NJ CT RI MA ME VT NH HI Dell Model Bill Laws 7 states Other Producer responsibility laws on electronics passed 11 states ARF (Consumer fee) laws passed. 1 State

Laws with no drivers for collection States with Dell model bill or similar Hawaii - IT only, not TVs Starts Jan 2010 Michigan Starts April 2010 Missouri - IT only, not TVs – Starts July or later in 2009 Oklahoma - IT only, not TVs – Started Jan 2009 Texas – IT only, not TVs – Started Sept 2008 Virginia - IT only, not TVs Starts July 2009 West Virginia – Started Jan Similar to Dell model bill Maryland bill – pilot program, money to reimburse county programs Dell bill requires IT companies to have a takeback program that is: “Reasonably convenient and available to consumers in this state; and Designed to meet the collection needs of consumers in this state.” Could be any kind of activity, even just collection events or mailback “Convenient” not defined and companies fight defining this in rulemaking

States passing laws with “Drivers” for high recycling volumes (in Green) AK MT WY ID WA OR NV UT CA AZ ND SD NE CO NM TX OK KS AR LA MO IA MN WI IL IN KY TN MS AL GA FL SC NC VA WV OH MI NY PA MD DE NJ CT RI MA ME VT NH HI Laws with strong collection drivers 5 states Producer responsibility law passed 13 states plus New York City ARF (Consumer fee) laws passed. 1 State

States with Drivers for Collection Three ways states are driving recycling Convenience: Mandate how convenient collection must be (Site in every county, plus one site in each city for 10,000 or more) –Washington (started in January 2009) –Oregon (started in January 2009) Market Share Goals: Mandate collection goals tied to what companies sell in the state –Minnesota (started in Aug 2007) –Indiana (starts April 2010) Escalator: Set initial goal, then mandate escalator from year to year –Illinois (starts Jan 2010)

States passing laws with partial drivers for collecting e-waste (in pink) AK MT WY ID WA OR NV UT CA AZ ND SD NE CO NM TX OK KS AR LA MO IA MN WI IL IN KY TN MS AL GA FL SC NC VA WV OH MI NY PA MD DE NJ CTRI MA ME VT NH HI States with partial drivers 5 states Other Producer responsibility e-waste law passed 13 ARF (Consumer fee) laws passed. 1 State

Possible partial collection drivers States where local government manages collection Maine (started in 2006) Connecticut (starts July) North Carolina (starts 2010) - Collection also done by retailers, non-profits States with Return Share bills (and no other drivers) New Jersey (starts 2011) Rhode Island (started Feb 2009) – has some market share requirement for TVs.

State E-Waste Recycling Laws - All AK MT WY ID WA OR NV UT CA AZ ND SD NE CO NM TX OK KS AR LA MO IA MN WI IL IN KY TN MS AL GA FL SC NC VA WV OH MI NY PA MD DE NJ CT RI MA ME VT NH HI States with partial collection drivers 5 states States with strong drivers for collection volumes 5 states No collection drivers: Dell Model Bill Laws 7 states Other Producer responsibility e-waste laws 1 states ARF (Consumer fee) laws passed. 1 State

E-Waste Collection Volumes Under State-Mandated Recycling Programs MonitorsTVsComputersLaptops TOTAL COLLECTED in Pounds Notes Population Collection rate per capita California (Includes products from business) Year not covered 64,809,498 36,457, Year not covered 127,979, Year not covered 185,190, Year not covered 215,500, data incomplete 5.91 Maine Year ,205,7262,954,848 not coveredLaptops numbers under monitors 4,160,574 1,321, Year ,393,7753,290,682 not covered 4,688, Year ,421,2843,853,020 not covered 5,274, Minnesota Year No breakdown. MN program also collects printers, keyboards; fax machines; and DVD players 33,100,000 5,197, Washington Year 1 Q Jan- Apr 4,176,7586,729,1541,234,126 Under computers 12,140,038 Data from Jan-Apr only 6,468, % 33.0%57.1%9.9% 35,663,680 Annualized Oregon Year 1 Q Q1 1,644,5342,750,767543,240 Under computers 4,938,541 Data from Q1 only 3,747, % 33.3%55.7%11.0% 19,754,164 Annualized lbs per person Collection Results from State Programs

California*MaineMinnesotaWashingtonOregon Year Year Year Year Pounds Per Person Collected in State Programs * CA program includes e-waste from businesses

Federal Legislation What about a federal take back bill?

Contact Info Barbara Kyle National Coordinator, Electronics TakeBack Coalition