Utah Electronic Waste Recycling Program

Enrolled Copy S.B. 184 1 DISPOSAL OF ELECTRONIC WASTE 2 2011 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: Stephen H. Urquhart 5 House Sponsor: Michael E. Noel 6 7 LONG TITLE 8 General Description: 9 This bill enacts provisions related to consumer electronic device collection and 10 recycling programs and consumer electronic device manufacturers. 11 Highlighted Provisions: 12 This bill: 13 < defines terms; 14 < prohibits a manufacturer from offering a consumer electronic device for sale in the 15 state unless the manufacturer meets certain reporting requirements to the 16 Department of Environmental Quality; 17 < requires the Department of Environmental Quality to report on the manufacturer's 18 reporting to the Natural Resources, Agriculture, and Environment Interim 19 Committee and the Public Utilities and Technology Interim Committee; 20 < prohibits a manufacturer from offering a consumer electronic device for sale in the 21 state unless the manufacturer establishes and implements a public education 22 program on collection and recycling programs; and 23 < authorizes a local government to enter into an arrangement with a manufacturer to 24 facilitate consumer electronics recycling. 25 Money Appropriated in this Bill: 26 None 27 Other Special Clauses: 28 None 29 Utah Code Sections Affected: S.B. 184 Enrolled Copy - 2 - 30 ENACTS: 31 19-6-1201 , Utah Code Annotated 1953 32 19-6-1202 , Utah Code Annotated 1953 33 19-6-1203 , Utah Code Annotated 1953 34 19-6-1204 , Utah Code Annotated 1953 35 19-6-1205 , Utah Code Annotated 1953 36 37 Be it enacted by the Legislature of the state of Utah: 38 Section 1. Section 19-6-1201 is enacted to read: 39 Part 12. Disposal of Electronic Waste Program 40 19-6-1201. Title. 41 This part is known as the "Disposal of Electronic Waste Program." 42 Section 2. Section 19-6-1202 is enacted to read: 43 19-6-1202. Definitions. 44 As used in this part: 45 (1) "Collection": 46 (a) means the aggregation of consumer electronic devices from consumers; and 47 (b) includes all the activities up to the time a consumer electronic device is del ivered to 48 a recycler. 49 (2) (a) "Computer" means an electronic, magnetic, optical, electrochemical , or other 50 high-speed data processing device performing a logical, arithmetic, or storage function, 51 including: 52 (i) a laptop computer; 53 (ii) a desktop computer; or 54 (iii) a tablet computer. 55 (b) "Computer" includes the following permanently affixed to or incorporated into a 56 device described in Subsection (2)(a): 57 (i) a cable cord; Enrolled Copy S.B. 184 - 3 - 58 (ii) permanent wiring; 59 (iii) a central processing unit; or 60 (iv) a monitor. 61 (c) "Computer" does not include an automated typewriter or typesetter, a portable 62 hand-held calculator, a portable digital assistant, a server, or similar device . 63 (3) "Consumer" means a person who owns or uses a covered electronic device that is 64 purchased primarily for personal or home business use. 65 (4) "Consumer electronic device" means the following products sold to a consumer: 66 (a) a computer; 67 (b) a computer peripheral; 68 (c) a television; or 69 (d) a television peripheral. 70 (5) "Eligible program" means a collection, reuse, or recycling system for a consumer 71 electronic device, including: 72 (a) a system by which a manufacturer, manufacturer's designee, or other private entity 73 offers a consumer an option to return a consumer electronic device by mail; 74 (b) a system using a physical collection site that a manufacturer, manufactur er's 75 designee, or other private or public entity provides for a consumer to return a covered 76 consumer electronic device; or 77 (c) a system that uses a collection event held by a manufacturer, manufacturer 's 78 designee, or other private or public entity at which a consumer may return a consumer 79 electronic device. 80 (6) "Manufacturer" means a person who: 81 (a) manufactures a consumer electronic device under a brand the person owns or is 82 licensed to use; or 83 (b) assumes the responsibilities and obligations of a person described in Subsection 84 (6)(a). 85 (7) "Peripheral" means a keyboard, printer, or other device that: S.B. 184 Enrolled Copy - 4 - 86 (a) is sold exclusively for external use with a television or computer; and 87 (b) provides input into or output from a television or computer. 88 (8) (a) "Recycling" means the process of collecting and preparing electronic products 89 for: 90 (i) use in a manufacturing process; or 91 (ii) recovery of reusable materials followed by delivery of reusable mater ials for use. 92 (b) "Recycling" does not include destruction by incineration, waste-to-energy 93 incineration, or other similar processes or land disposal. 94 (9) "Reuse" means electronic waste: 95 (a) that is tested and determined to be in good working order; and 96 (b) that is removed from the waste stream to use for the same purpose for which it wa s 97 manufactured, including the continued use of the whole system or components. 98 (10) (a) "Sell" or "sale" means any transfer for consideration of title or of t he right to 99 use by lease or sales contract of a consumer electronic device to a consumer. 100 (b) "Sell" or "sale" does not include: 101 (i) the sale, resale, lease, or transfer of used consumer electronic devices ; or 102 (ii) a manufacturer's or a distributor's wholesale transaction with a distr ibutor or retailer 103 involving a consumer electronic device. 104 (11) "Television" means a display system primarily intended to receive video 105 programming via broadcast, cable, or satellite transmission. 106 Section 3. Section 19-6-1203 is enacted to read: 107 19-6-1203. Reporting requirements. 108 (1) On or after July 1, 2011, a manufacturer may not offer a consumer electronic device 109 for sale in the state unless the manufacturer, either individually, through a group manuf acturer 110 organization, or through the manufacturer's industry trade group, prepares and submits, subj ect 111 to Subsection (2), a report on or before August 1 of each year to the department. 112 (2) The report required under Subsection (1): 113 (a) shall include a list of eligible programs, subject to Subsection (3); and Enrolled Copy S.B. 184 - 5 - 114 (b) may include: 115 (i) an existing collection, transportation, or recycling system for a consumer electronic 116 device; and 117 (ii) an eligible program offered by: 118 (A) a consumer electronic device recycler; 119 (B) a consumer electronic device repair shop; 120 (C) a recycler of other commodities; 121 (D) a reuse organization; 122 (E) a not-for-profit corporation; 123 (F) a retailer; or 124 (G) another similar operation, including a local government collection event. 125 (3) The list required in Subsection (2)(a) may be in the form of a geographic map 126 identifying the type and location of an eligible program. 127 (4) The department shall: 128 (a) compile the report required under Subsection (1); and 129 (b) beginning on October 31, 2012, submit annually on or before October 31 the 130 compiled report to the Natural Resources, Agriculture, and Environment Interim Comm ittee 131 and the Public Utilities and Technology Interim Committee. 132 Section 4. Section 19-6-1204 is enacted to read: 133 19-6-1204. Public education program. 134 (1) Effective January 1, 2012, a manufacturer may not offer a consumer electronic 135 device for sale in the state unless the manufacturer individually, through a group manufa cturer 136 organization, or through the manufacturer's industry trade group establishes and imple ments, in 137 accordance with Subsection (2), a public education program regarding the eligible prog rams. 138 (2) (a) The public education program required under Subsection (1) shall: 139 (i) inform a consumer about eligible programs; and 140 (ii) use manufacturer-developed customer outreach materials, such as packaging 141 inserts, company websites, and other communication methods, to inform a consumer about S.B. 184 Enrolled Copy - 6 - 142 eligible programs. 143 (b) A manufacturer described in Subsection (1) shall work with the department and 144 other interested parties to develop educational materials that inform consumers about an 145 eligible program. 146 Section 5. Section 19-6-1205 is enacted to read: 147 19-6-1205. Local government arrangement. 148 If a local government enters into an arrangement with a manufacturer to facili tate 149 consumer electronics recycling in accordance with this part, the local governme nt may enter 150 into the arrangement without requiring a request for proposal or similar competiti ve 151 procurement process required by law.