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

2. 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.

3. Overview of States With LawsWA 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

4. 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

5. 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

6. 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)

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

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

14. Thank You! Jason Linnell, NCER Phone: (304) 699-1008
Visit us on the web:
and

15. Backup Slides

16. Types of Financing ARF - Electronic Waste Recycling Fee, assessed onME
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

17. 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