An Act relating to an electronic product stewardship program; relating to collection, recycling, and disposal of electronic equipment; establishing the electronics recycling advisory council; and providing for an effective date.

SB0061A -1- SB 61 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0220\A SENATE BILL NO. 61 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FOURTH LEGISLATURE - FIRST SESSION BY SENATOR TOBIN Introduced: 1/24/25 Referred: Resources, Finance A BILL FOR AN ACT ENTITLED "An Act relating to an electronic product stewardship program; relating to collection, 1 recycling, and disposal of electronic equipment; establishing t he electronics recycling 2 advisory council; and providing for an effective date." 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4 * Section 1. The uncodified law of the State o f Alaska is amended by adding a new section 5 to read: 6 LEGISLATIVE FINDINGS AND INTENT. The activities authorized by 7 AS 46.06.200 - 46.06.290, added by sec. 9 of this Act, require collaboration among 8 manufacturers, electronics producer responsibility organization s, and other entities that 9 perform activities directly related to manufacturer e-scrap pro grams. These activities will 10 enable collection, recycling, and disposal of covered electronic devices in a safe and effective 11 manner, which is in the best interest of the public. The benefi ts of collaboration, together with 12 the active state supervision provided by the Department of Environmental Conservation under 13 AS 46.06.200 - 46.06.290, outweigh potential adverse effects. T herefore, the legislature 14 34-LS0220\A SB 61 -2- SB0061A New Text Underlined [DELETED TEXT BRACKETED] intends to provide immunity throu gh the state action doctrine f rom federal antitrust laws for 1 participating in manufacturer e-scrap programs as required by AS 46.06.200 - 46.06.290. 2 * Sec. 2. AS 45.50.572(b) is amended to read: 3 (b) AS 45.50.562 - 45.50.596 do not forbid actions or arrangements authorized 4 or regulated under the laws of the United States that exempt th ese actions or 5 arrangements from application of the antitrust laws of the Unit ed States or under the 6 following statutes of this state: 7 (1) AS 06.05.235 and 06.05.570; 8 (2) AS 10.15; [AND] 9 (3) AS 31.05.110; and 10 (4) AS 46.06.200 - 46.06.290. 11 * Sec. 3. AS 46.06.100 is amended to read: 12 Sec. 46.06.100. Notice to public. The penalties imposed for littering shall be 13 posted along the public highways of the state, at visitor cente rs, at entrances to state 14 parks and recreational areas, at public beaches, and at other publicly owned public 15 places the commissioner determines necessary to accomplish the purposes of 16 AS 46.06.010 - 46.06.150 [THIS CHAPTER]. The state agency or municipality 17 responsible for litter removal from a public place shall post t he notice required by this 18 section. 19 * Sec. 4. AS 46.06.110 is amended to read: 20 Sec. 46.06.110. Enforcement authority. (a) The following persons are 21 authorized to enforce the provisions of AS 46.06.010 - 46.06.150 [THIS CHAPTER]: 22 (1) a state employee authorized by the commissioner; and 23 (2) a peace officer. 24 (b) The department shall prescribe a citation form, which shal l be used by all 25 peace officers and persons in the state who are authorized to e nforce the provisions of 26 AS 46.06.010 - 46.06.150 [ T H I S C H A P T E R ] . T h e c i t a t i o n f o r m m u s t m e e t t h e 27 requirements of AS 12.25.175 - 12.25.230. 28 * Sec. 5. AS 46.06.120 is amended to read: 29 Sec. 46.06.120. Grants. The department may make grants to state agencies, to 30 municipalities, and to private org anizations including nonprofi t organizations for the 31 34-LS0220\A SB0061A -3- SB 61 New Text Underlined [DELETED TEXT BRACKETED] establishment and operation of programs authorized under AS 46.06.010 - 46.06.150 1 [THIS CHAPTER]. A grant under this section may not exceed 18 mo nths. A program 2 qualifying for a grant under this section may include 3 (1) courses of instruction at, or the distribution of informat ive 4 materials to, elementary and secondary schools; 5 (2) purchase and erection of roadside signs; 6 (3) organization and operation of litter removal activities co nducted by 7 municipalities, private organizations or, service groups using volunteer help; 8 (4) a public information progra m to inform the public concerni ng the 9 reduction of litter using the media including use of the electronic media; 10 (5) expansion of existing, and planning, design, and construct ion of 11 new, facilities for the recovery of materials and energy from litter; 12 (6) research and evaluation of m arkets for the materials and e nergy 13 recovered from litter; 14 (7) advice and assistance, incl uding information and consultat ion on 15 available technology, operating procedures, organizational arra ngements, markets for 16 materials or energy obtained from litter, transportation altern atives, and publicity 17 techniques; 18 (8) surveys by public agencies or recognized research organiza tions to 19 assess the amount and composition of litter [,] and rates of littering; 20 (9) the purchase of litter receptacles; 21 (10) the creation or expansion of litter law enforcement programs; 22 (11) the initial purchase or lease of recycling equipment, the cost of 23 operating that equipment, and the cost of storing and transport ing materials before and 24 after those materials are recycled. 25 * Sec. 6. AS 46.06.130(a) is amended to read: 26 (a) The department shall adopt regulations under AS 44.62 (Adm inistrative 27 Procedure Act) that establish 28 (1) eligibility requirements for applicants for a grant under 29 AS 46.06.120; 30 (2) standards for the evaluation of proposals submitted by app licants 31 34-LS0220\A SB 61 -4- SB0061A New Text Underlined [DELETED TEXT BRACKETED] for grants under AS 46.06.120; and 1 (3) other conditions for the receipt of a grant under AS 46.06 .120 that 2 are necessary to achieve the purposes of AS 46.06.010 - 46.06.150 [ T H I S 3 CHAPTER]. 4 * Sec. 7. AS 46.06.140 is amended to read: 5 Sec. 46.06.140. Federal requirements. I f a f e d e r a l d e p a r t m e n t o r a g e n c y 6 issues a formal ruling that a section of AS 46.06.010 - 46.06.150 [THIS CHAPTER] 7 will prevent the state from recei ving federal financial partici p a t i o n i n a p r o g r a m o r 8 activity established under AS 46.06.010 - 46.06.150 [ T H I S C H A P T E R ] , t h e s e c t i o n 9 does not apply to the extent that it causes the program or acti vity to lose federal 10 funding. 11 * Sec. 8. AS 46.06.150 is amended to read: 12 Sec. 46.06.150. Definitions. In AS 46.06.010 - 46.06.150 [THIS CHAPTER], 13 (1) "beverage container" means the individual, separate, seale d glass, 14 metal or plastic bottle, can, jar or carton containing beer or other malt beverages or 15 carbonated soft drinks, in liquid form; 16 (2) ["COMMISSIONER" MEANS THE COMMISSIONER OF 17 ENVIRONMENTAL CONSERVATION; 18 (3)] "degradable" means a characteristic of a material that al lows the 19 material to be broken down by biological, chemical, photochemical, or other physical 20 processes 21 (A) within two years upon exposure to natural elements; and 22 (B) to a particle size and chemical composition that may be 23 assimilated harmlessly and aesthetically into the environment w ithout 24 producing a residue or by-product determined by the department to be 25 hazardous; 26 (3) [(4) "DEPARTMENT" MEANS THE DEPARTMENT OF 27 ENVIRONMENTAL CONSERVATION; 28 (5)] "litter" means all waste material including disposable pa ckages or 29 containers disposed of in a manner prohibited by AS 46.06.080, but does not include 30 the wastes of the primary processes of mining or other extracti on process, logging, 31 34-LS0220\A SB0061A -5- SB 61 New Text Underlined [DELETED TEXT BRACKETED] sawmilling, farming, or manufacturing; 1 (4) [(6)] "litter bag" means a bag, sack, or other container made of any 2 material that [WHICH] is large enough and suitable to serve as a receptacle for litter 3 inside a vehicle or vessel; 4 (5) [(7)] "public place" means public or private property that is used or 5 held out for use by the public, whether owned or operated by pu blic or private 6 interests, including [BUT NOT LI MI TED TO] hig hway s or other roads on [UPON] 7 which vehicles are moved, parks, campgrounds, trailer parks, dr ive-in and fast food 8 restaurants, gasoline service stations, marinas, boat launching areas, boat moorage and 9 fueling stations, public and private piers, beaches, bathing ar eas, school grounds, 10 sporting event sites with seating capacity for more than 200 sp ectators, business 11 district sidewalks, parking lots for taverns, shopping centers and grocery stores, and 12 other parking lots if they have a capacity for more than 50 vehicles; 13 (6) [(8)] "vehicle" means a mechanically driven device of any kind that 14 is used for the transportation of a person or property on a pub lic highway, trail, or 15 path; 16 (7) [(9)] "vessel" means all descriptions of watercraft used or ca pable 17 of being used as a means of transportation on the water. 18 * Sec. 9. AS 46.06 is amended by adding new sections to read: 19 Article 2. Electronic Product Stewardship Program. 20 Sec. 46.06.200. Manufacturer registration. (a) By June 30, 2028, and 21 annually thereafter, a manufacturer of covered electronic devices sold in the state shall 22 register with the department, for a period to cover the upcomin g calendar year, by 23 completing and submitting to the department the registration fo rm prescribed by the 24 department. The registration must include 25 (1) a list of all brands and la bels under which the manufactur er's 26 covered electronic devices are offered for sale in the state; 27 (2) the weight of all individua l covered electronic devices by covered 28 electronic device category sold or offered for sale under any o f the manufacturer's 29 brands or labels in the United States during the previous two c alendar years before the 30 applicable calendar year; and 31 34-LS0220\A SB 61 -6- SB0061A New Text Underlined [DELETED TEXT BRACKETED] (3) any other information requi red by the department to implem ent 1 AS 46.06.200 - 46.06.290. 2 (b) If a manufacturer's covered electronic devices are sold or offered for sale 3 in the state during a calendar year under a brand that is not l isted in the manufacturer's 4 registration, the manufacturer sha ll amend the registration to add the brand within 30 5 days after the first sale or offer for sale under that brand. 6 (c) A manufacturer subject to this section shall pay the program administration 7 fee established under AS 46.06.230(e) to the department at the time of submission of 8 the manufacturer's registration under (a) of this section. 9 Sec. 46.06.210. Manufacturer e-scrap program plans; manufacture r and 10 electronics producer re sponsibility organization responsibilities. (a) Beginning in 11 2028, a manufacturer of covered electronic devices in the state shall submit a proposed 12 manufacturer e-scrap program plan to the electronics recycling advisory council by 13 March 31 for the upcoming calendar year. Upon receiving feedbac k from the council, 14 the manufacturer shall make any necessary changes based on the feedback and submit 15 a manufacturer e-scrap program plan to the department at the ti me of submission of 16 the manufacturer's registration under AS 46.06.200. A manufactu rer may satisfy the 17 requirements of this subsection through an electronics producer responsibility 18 organization. A manufacturer e-scrap program plan must include 19 (1) contact information for the manufacturer or electronics pr oducer 20 responsibility organization and a comprehensive list of all man ufacturers participating 21 in the plan for the upcoming calendar year and the contact info rmation for all 22 participants; 23 (2) a description of the transportation and recycling systems, service 24 providers, collectors, and processors used; 25 (3) a description of how the manufacturer or electronics produ cer 26 responsibility organization communicated with and sought input from local 27 governments and tribes operating electronics recycling programs; 28 (4) a description of how the manufacturer or electronics produ cer 29 responsibility organization will 30 (A) work with local governments and tribes as collectors; 31 34-LS0220\A SB0061A -7- SB 61 New Text Underlined [DELETED TEXT BRACKETED] (B) seek to use businesses or organizations in the state, 1 including retailers, charities, processors, local organizations , local health care 2 facilities, and collection and transportation services; and 3 (C) provide fair financial comp ensation to collection sites fo r 4 services, including collecting, storing, managing, and transpor ting covered 5 electronic devices; 6 (5) the methods for the reasonably convenient collection of all types of 7 covered electronic devices in r ural and urban areas throughout the state, including the 8 quantity and locations of the pr ogram collection sites and sing le-day collection events 9 required under AS 46.06.220(a); 10 (6) a description of how the plan will provide service to all covered 11 entities in the state; 12 (7) the processes and methods used to recycle covered electron ic 13 devices and eligible electronic devices, including a descriptio n of the processing that 14 will be used and the facility location; 15 (8) a description of how covered electronic devices and eligib le 16 electronic devices that are suitable for reuse will be identified and diverted for reuse; 17 (9) documentation of audits of each processor used in the plan and 18 compliance with the plan's processing standards; 19 (10) a description of the accounting and reporting systems tha t will be 20 employed; 21 (11) a timeline that describes startup, implementation, and pr ogress 22 toward milestones with anticipated results; 23 (12) a description of the public information campaign that will be used 24 to inform covered entities, comm unities, and consumers about how to recycle covered 25 electronic devices at the end of the life of the product and ex amples of outreach 26 materials for the campaign; 27 (13) a description of how manufacturers participating in the p lan will 28 communicate and work with processors to promote and encourage design of electronic 29 products and components for recycling; and 30 (14) if two or more manufacturers are participating in an elec tronics 31 34-LS0220\A SB 61 -8- SB0061A New Text Underlined [DELETED TEXT BRACKETED] producer responsibility organization, a certification that the methodology used to 1 allocate responsibility among par ticipating manufacturers will comply with (c) of this 2 section. 3 (b) If the department determines that a manufacturer e-scrap p rogram plan 4 fails to meet the requirements in this section, the manufacturer or electronics producer 5 responsibility organization shall submit an updated plan to the department within 30 6 days after the date of disapproval. 7 (c) A manufacturer shall assume financial responsibility for a ll costs 8 associated with implementing a manufacturer e-scrap program pla n after approval. An 9 electronics producer responsibility organization shall allocate a participating 10 manufacturer's financial responsibility by 11 (1) calculating the manufacturer's market share for each cover ed 12 electronic device category based on the total weight of all ind ividual covered 13 electronic devices sold or offered for sale in each category un der any of the 14 manufacturer's brands or labels i n the United States during the previous two calendar 15 years before the applicable calendar year; and 16 (2) adding the percentages calculated under (1) of this subsection. 17 (d) If a manufacturer e-scrap p rogram fails to provide collect ion site services 18 in each community as required under AS 46.06.220(a) or meet oth er plan 19 requirements, the manufacturer o r electronics producer responsi bility organization 20 shall submit a revised plan to the department within 60 days af ter the failure that 21 addresses how the manufacturer e-scrap program will be adjusted to meet the 22 requirements. 23 (e) A manufacturer or electronics producer responsibility orga nization shall 24 notify the department of any modification to the manufacturer e-scrap program plan. If 25 the department determines that the manufacturer or electronics producer responsibility 26 organization significantly modified the plan, the manufacturer or electronics producer 27 responsibility organization shall submit a revised plan that describes the modifications 28 within 60 days after the department's determination. 29 (f) Beginning in 2030, a manufacturer or electronics producer responsibility 30 organization with an approved ma nufacturer e-scrap program plan for the previous 31 34-LS0220\A SB0061A -9- SB 61 New Text Underlined [DELETED TEXT BRACKETED] calendar year shall file an annua l report with the department o n or before March 31 1 that covers the previous calendar year. The annual report must include 2 (1) the collection services provided in each community, including a list 3 of all collection sites and services operating in the state in the previous calendar year 4 and who operated the sites; 5 (2) a list of processors used, including subcontractors that f urther 6 process or recycle covered electronic devices or electronic com ponents used, the 7 weight of covered electronic devices and eligible electronic de vices processed by each 8 processor, and a description of the processes and methods used to recycle the devices, 9 including a description of the processing and facility locations; 10 (3) an estimate of the weight of each type of material recover ed from 11 the processing of recycled collected devices; types of material recovered must include, 12 at a minimum, cathode ray tube glass, circuit boards, batteries , mercury-containing 13 devices, plastics, and metals; 14 (4) an estimate of the percentage, by weight, of all collected devices 15 that are reused, recycled, or become residual waste disposed of in another manner; 16 (5) the outreach efforts that were undertaken; 17 (6) a list of manufacturers that participated in the plan; 18 (7) a description of program revenue and costs, including the total cost 19 of the program and the average cost of the program per pound of covered electronic 20 devices and eligible electronic devices collected; 21 (8) a detailed accounting of the following costs of the program: 22 (A) program delivery, including 23 (i) education and promotional efforts; 24 (ii) collection; 25 (iii) transportation; and 26 (iv) processing and labor; and 27 (B) program administration; and 28 (9) a description of the methods used by the program to collec t, 29 transport, recycle, and process collected devices. 30 (g) To the extent feasible, manufacturers and electronics prod ucer 31 34-LS0220\A SB 61 -10- SB0061A New Text Underlined [DELETED TEXT BRACKETED] responsibility organizations shall collaborate with electronic product retailers, utilities 1 furnishing solid waste material collection and disposal service s, recyclers, charities, 2 tribes, local governments, and ot her businesses in the state in the development and 3 implementation of the program plan. 4 Sec. 46.06.220. Collection site requi rements; collector respons ibilities. ( a ) 5 Beginning in 2029, a manufacturer or electronics producer respo nsibility organization 6 shall, at a minimum, operate program collection sites in the fo llowing quantities 7 during a calendar year depending on community populations as de termined by the 8 most recent decennial census conducted by the United States Bureau of the Census: 9 (1) 15 collection sites in each community that has a populatio n of 10 250,000 or more, including at least five year-round collection sites; 11 (2) five year-round collection sites in each community that ha s a 12 population of at least 30,000 but less than 250,000; 13 (3) three year-round collection sites in each community that h as a 14 population of at least 15,000 but less than 30,000; 15 (4) two year-round collection sites in each community that has a 16 population of at least 10,000 but less than 15,000; 17 (5) one year-round collection s ite in each community that has a 18 population of at least 5,500 but less than 10,000; and 19 (6) one single-day collection event for each calendar year in each 20 community that has a population of less than 5,500. 21 (b) A community may enter into a written agreement with a manu facturer or 22 electronics producer responsibility organization to substitute a program collection site 23 required under (a) of this section with four or more single-day collection events in the 24 community. 25 (c) A collector that operates a program collection site or sin gle-day collection 26 event during a calendar year sha ll, unless otherwise provided f or by an agreement 27 between the collector and the manufacturer or electronics produ cer responsibility 28 organization, 29 (1) accept all covered electronic devices delivered to the col lection site 30 or collection event during the calendar year; 31 34-LS0220\A SB0061A -11- SB 61 New Text Underlined [DELETED TEXT BRACKETED] (2) ensure that collected devices are sorted and loaded in com pliance 1 with federal, state, and local law, and with the best practices agreed to by the 2 electronics recycling advisory council for the calendar year; 3 (3) separate collected devices from other material; 4 (4) package collected devices in a structurally sound manner to prevent 5 breakage during transportation; and 6 (5) load collected devices onto pallets secured with plastic w rap or in 7 pallet-sized bulk containers before shipping. 8 (d) A collector shall sort collected devices into the following categories: 9 (1) computer monitors and tele visions containing a cathode-ray tube, 10 other than televisions with wooden exteriors; 11 (2) computer monitors and televisions containing a flat panel screen; 12 (3) all other covered televisions; 13 (4) computers; 14 (5) all other covered electronic devices and eligible electronic devices; 15 and 16 (6) any electronic device not p art of the manufacturer e-scrap program 17 that the collector has arranged to have picked up in addition t o covered electronic 18 devices and for which a financial arrangement has been made to cover the recycling 19 costs outside of the manufacturer e-scrap program. 20 (e) A manufacturer e-scrap program may use retail collection s ites to satisfy 21 some or all of the collection site obligations under this section. A retailer may serve as 22 a collector and a site may serve as a retail collection site only by agreement of 23 (1) the retailer; 24 (2) the operators of the manufacturer e-scrap program; and 25 (3) the community in which the retailer or retail collection s ite is 26 located. 27 Sec. 46.06.230. Department responsibilities. (a) Within 60 days after 28 receiving a manufacturer e-scrap program plan, the department s hall review and 29 approve or disapprove the plan and provide written notification of the department's 30 decision, including the reasons for the approval or disapproval, to the designated point 31 34-LS0220\A SB 61 -12- SB0061A New Text Underlined [DELETED TEXT BRACKETED] of contact for the manufacturer or electronics producer respons ibility organization. 1 The department shall approve the plan if the department determi nes the plan satisfies 2 AS 46.06.210. 3 (b) Within 90 days after receiving an annual report from a man ufacturer or 4 electronics producer responsibility organization, the department shall review the report 5 and provide written notification to the designated point of contact for the manufacturer 6 or electronics producer responsibility organization of any need for additional 7 information or documentation or a ny deficiency identified by th e department in the 8 manufacturer e-scrap program. 9 (c) Every four years, beginning in 2029, the department shall conduct 10 (1) a study to determine whether the definition of "covered el ectronic 11 device" should be expanded to i nclude additional electronic pro ducts, such as those 12 from emerging technological waste streams; and 13 (2) a survey of household generation of e-scrap in the state t o evaluate 14 the waste stream and the effectiveness of manufacturer e-scrap programs. 15 (d) Every two years, beginning in 2031, the department shall e valuate the 16 manufacturer e-scrap program and report the results of the eval uation to the 17 legislature. 18 (e) The department shall adopt regulations to establish the amount and manner 19 of payment of a program administration fee for manufacturers an d electronics 20 producer responsibility organizations covered by AS 46.06.200 - 46.06.290. Fee levels 21 must be reasonably calculated to ensure that the total amount of fees collected from all 22 manufacturers and electronics producer responsibility organizat ions approximately 23 equals the costs to the departme nt for administering and enforc ing AS 46.06.200 - 24 46.06.290. The department shall review the fee amounts annually and reasonably 25 calculate adjustments as necessary to ensure the total revenue collected from the fees 26 approximately equals t he department's costs in subsequent calen dar years. The 27 commissioner shall separately acc ount for the revenue from the fees received by the 28 department, and the revenue may b e appropriated by the legislat ure to the department 29 for the administration and enforcement of AS 46.06.200 - 46.06.290. 30 (f) The department shall publish on the department's Internet website 31 34-LS0220\A SB0061A -13- SB 61 New Text Underlined [DELETED TEXT BRACKETED] (1) best practices provided by the electronics recycling advis ory 1 council; 2 (2) a list of all registered manufacturers; 3 (3) approved manufacturer e-scrap program plans; and 4 (4) annual reports submitted to the department. 5 (g) The department shall keep confidential all proprietary inf ormation 6 submitted to the department by a manufacturer or electronics pr oducer responsibility 7 organization under AS 46.06.200 - 46.06.290. The department may release 8 information kept confidential unde r this section in summary or aggregated form that 9 does not directly or indirectly identify financial, production, or sales data of a covered 10 manufacturer or electronics producer responsibility organization. 11 (h) The department shall presen t regulations proposed to imple ment 12 AS 46.06.200 - 46.06.290 to the electronics recycling advisory council for review and 13 address feedback from the council before adoption. 14 Sec. 46.06.240. Outreach requirements. ( a ) A m a n u f a c t u r e r o r e l e c t r o n i c s 15 producer responsibility organization with an approved manufactu rer e-scrap program 16 plan shall inform covered entitie s and retailers about where an d how to reuse and 17 recycle covered electronic devices at the end of the product's life, including by 18 providing an Internet website or toll-free telephone number tha t provides information 19 about the recycling program in sufficient detail to educate cov ered entities on how to 20 return covered electronic devices for recycling. 21 (b) The department shall promote recycling of covered electronic devices by 22 (1) posting information that describes where to recycle unwant ed 23 covered electronic devices on the department's Internet website; and 24 (2) providing information about recycling covered electronic d evices 25 though a toll-free telephone number. 26 (c) A community shall promote recycling of covered electronic devices, 27 including providing a list of lo cal collection sites and servic es through existing 28 communication methods typically used by the community. 29 (d) A retailer that sells a new covered electronic device to a covered entity 30 shall provide informati on to the entity that describes how to r ecycle the covered 31 34-LS0220\A SB 61 -14- SB0061A New Text Underlined [DELETED TEXT BRACKETED] electronic device and the locati ons for convenient collection o f the device. A retailer 1 may satisfy this requirement by providing the manufacturer e-sc rap program plan and 2 the plan's Internet website, or the department's toll-free tele phone number and website 3 to the covered entity or, if the retailer sells the device from the retailer's Internet 4 website, in a visible location on the website. 5 (e) Manufacturers, communities, retailers, collectors, and the department shall 6 collaborate in the development a nd implementation of the outrea ch requirements of 7 this section. 8 Sec. 46.06.250. Prohibited acts. (a) On or after January 1, 2030, a person may 9 not knowingly cause or allow 10 (1) the mixing of a covered electronic device with municipal waste that 11 is intended for disposal at a landfill; 12 (2) the disposal of a covered electronic device in a landfill; 13 (3) the mixing of a covered el ectronic device with waste that is 14 intended for disposal by burning; or 15 (4) the burning of a covered electronic device. 16 (b) On or after January 1, 2029, a retailer who first sells a covered electronic 17 device to a covered entity may not sell or offer for sale a cov ered electronic device in 18 the state unless 19 (1) the device is labeled with a brand; 20 (2) the label is permanently af fixed to and readily visible on the 21 device; and 22 ( 3 ) t h e m a n u f a c t u r e r o f t h e d e v i c e i s r e g i s t e r e d w i t h t h e d e p artment 23 when the retailer purchases the device; if a manufacturer is no t r e g i s t e r e d w i t h t h e 24 department when a retailer purch ases the device, the retailer s hall be considered in 25 compliance with this requirement if the manufacturer registers with the department 26 within 30 days after the retailer takes possession of the device. 27 (c) A manufacturer e-scrap program may not charge fees to cove red entities 28 when a covered electronic device or eligible electronic device is collected. 29 Sec. 46.06.260. Penalties and enforcement. (a) A person who knowingly 30 makes a materially false or fra udulent statement orally or in w riting to the department 31 34-LS0220\A SB0061A -15- SB 61 New Text Underlined [DELETED TEXT BRACKETED] in connection with the re quirements of AS 46.06.200 - 46.06.290 or a regulation 1 adopted under AS 46.06.200 - 46.06.290 is guilty of a class A m isdemeanor for a first 2 conviction, a class C felony for a second conviction, and a class B felony for a third or 3 subsequent conviction. Each statement is a separate offense. 4 (b) A person who fails to register or pay the registration fee required under 5 AS 46.06.200 is liable to the state for a civil penalty of twice the registration fee. 6 (c) Except as otherwise provided in this section, a person who violates a 7 provision of AS 46.06.200 - 46.06.290 or a regulation adopted u nder AS 46.06.200 - 8 46.06.290 is liable to the state for a civil penalty of up to $ 250 for a first or second 9 violation and up to $10,000 for each subsequent violation. The amount of the penalty 10 shall be adjusted to the seriousness of the violation. 11 ( d ) T h e a t t o r n e y g e n e r a l m a y b r i n g a c i v i l a c t i o n i n t h e s u p e rior court to 12 recover the amount of a civil pe nalty under this section or to obtain an injunction to 13 restrain violations of AS 46.06.200 - 46.06.290 or require acti ons that may be 14 necessary to address violations of AS 46.06.200 - 46.06.290. Pe nalties recovered 15 under this section shall be depos ited in the general fund and m ay be appropriated by 16 the legislature to the department for the administration and en forcement of 17 AS 46.06.200 - 46.06.290. 18 (e) An electronics producer responsibility organization may no t enforce 19 manufacturer compliance with the requirements of AS 46.06.200 - 46.06.290, but shall 20 refer potential manufacturer noncom pliance to the department af ter providing notice 21 of the potential noncompliance to the manufacturer. An electron ics producer 22 responsibility organization may de velop and implement policies and procedures that 23 exclude from participation in the organization a manufacturer t hat is found by the 24 department or a court of compete nt jurisdiction to have failed to comply with the 25 requirements of AS 46.06.200 - 46.06.290. 26 (f) The penalties and enforcement mechanisms in this section a re in addition 27 to relief provided under any other law. 28 Sec. 46.06.270. Electronics recycling advisory council. (a) The electronics 29 recycling advisory council is established in the department. 30 (b) The council consists of 13 members appointed by the commis sioner for 31 34-LS0220\A SB 61 -16- SB0061A New Text Underlined [DELETED TEXT BRACKETED] two-year terms as follows: 1 (1) two members of the public residing in different communitie s with 2 at least one member residing in a community located off the int erconnected road 3 system; 4 (2) two members representing re cycling companies or incorporat ed 5 recycling centers; 6 (3) two members representing the electronic manufacturing or r etail 7 industry; 8 (4) one member representing a tribal or municipal government t hat 9 operates a recycling program in a rural community with a popula tion of less than 10 1,000; 11 ( 5 ) t w o m e m b e r s , e a c h o f w h o m represents a municipal governmen t 12 that operates a recycling program in a community with a populat ion of 25,000 or 13 more; 14 (6) one member representing a statewide tribal organization that assists 15 tribes with recycling issues; 16 (7) one member representing the transportation industry; 17 (8) one member representing a waste collection company or prog ram; 18 and 19 (9) one member representing a job training or economic develop ment 20 organization or program. 21 (c) The council shall elect a chair from among its members to serve a two-year 22 term. The council shall meet at the call of the chair. The coun cil shall meet at least 23 quarterly until the initial round of manufacturer e-scrap progr am plans are approved 24 and then at least semiannually thereafter. 25 (d) A majority of the council members constitutes a quorum. The council shall 26 approve actions and re commendations by majority vote of the mem bers present and 27 provide an opportunity for minorit y reports. The council may ad opt bylaws and a 28 charter if desired to fulfill its duties under this section. 29 (e) A vacancy on the council shall be filled in the same manne r as the original 30 selection or appointment for the remainder of the current term. 31 34-LS0220\A SB0061A -17- SB 61 New Text Underlined [DELETED TEXT BRACKETED] (f) The department shall provide administrative support to the council as 1 needed. 2 (g) Members of the council serv e without compensation but are entitled to per 3 diem and travel expenses authorized for boards and commissions under AS 39.20.180. 4 (h) The council shall 5 (1) review and comment on a proposed manufacturer e-scrap prog ram 6 plan before submission of the plan to the department; 7 (2) make recommendations to the department regarding the appro val 8 or disapproval of a manufacturer e-scrap program plan; 9 (3) make recommendations to the department regarding the need for 10 plan amendments or other requirements based on annual reports; 11 (4) review and comment on regulations proposed by the departme nt 12 under AS 46.06.230; and 13 (5) by November 1 of each year, beginning in 2027, provide to the 14 department a list of best practices for program collection site s and single-day 15 collection events under manufactu rer e-scrap program plans subm itted during the 16 following year; best practices must, to the extent practicable, preserve existing 17 collection programs and relationships. 18 Sec. 46.06.280. Exclusions. (a) The provisions of AS 46.06.200 - 46.06.290 do 19 not apply to an electronic device that is 20 (1) part of a motor vehicle or any component part of a motor v ehicle 21 assembled by or for a vehicle manufacturer or franchised dealer ship, including 22 replacement parts for use in a m otor vehicle; in this paragraph , "dealership," 23 "franchised," "manufacturer," a nd "motor vehicle" have the mean ings given in 24 AS 45.25.990; 25 (2) functionally or physically part of a larger piece of equip ment or 26 that is taken out of service fro m an industrial, commercial, re tail, library checkout, 27 traffic control, kiosk, nonhouse hold security, governmental, ag ricultural, or medical 28 setting, including diagnostic, monitoring, and control equipment; or 29 (3) contained within a clothes washer, clothes dryer, refriger ator, 30 freezer, conventional oven, conve ntional range, dishwasher, roo m air conditioner, 31 34-LS0220\A SB 61 -18- SB0061A New Text Underlined [DELETED TEXT BRACKETED] dehumidifier, water pump, sump pump, or air purifier. 1 (b) A manufacturer e-scrap program may collect an electronic d evice that 2 meets the criteria in (a)(2) of this section. Notwithstanding ( a) of this section, 3 AS 46.06.200 - 46.06.290 apply to any device collected under this subsection. 4 (c) AS 46.06.200 - 46.06.290 do not apply to a manufacturer th at assembles 5 and sells fewer than 1,000 units o f covered electronic devices annually in the state or 6 that primarily sells covered electronic devices that are substa ntially composed of 7 rebuilt, refurbished, or used components. 8 (d) Nothing in AS 46.06.200 - 46.06.290 prevents a manufacture r from 9 accepting, through a manufacturer e-scrap program, covered elec tronic devices 10 collected through a pre-existing collection program that is ope rated under a collection 11 agreement between a third party and a community. 12 (e) To the extent allowed by law, a covered electronic device or eligible 13 electronic device collected by a manufacturer e-scrap program i s not considered 14 hazardous waste, household waste, solid waste, or special waste. 15 Sec. 46.06.290. Definitions. In AS 46.06.200 - 46.06.290, 16 (1) "best practices" means standards for collecting and prepar ing 17 covered electronic devices for sh ipment and recycling markets, including packaging, 18 transport, load size, acceptable load contamination levels, and noncovered electronic 19 devices included in a load; 20 (2) "collector" means a person who collects covered electronic devices 21 at any program collection site or single-day collection event a nd prepares the devices 22 for transport; 23 (3) "community" means 24 (A) an incorporated city; 25 (B) a unified municipality; 26 (C) an incorporated borough; or 27 (D) a place in the unorganized borough in which 15 or more 28 individuals reside as a social unit; 29 (4) "computer" means a deskt op computer, notebook computer, or 30 tablet computer; "computer" does not include an automated typewriter, printer, mobile 31 34-LS0220\A SB0061A -19- SB 61 New Text Underlined [DELETED TEXT BRACKETED] telephone, hand-held calculator, b attery-operated portable digi tal music player, 1 computer keyboard, computer mouse, or associated cables; 2 (5) "computer monitor" means a n electronic device that contain s a 3 cathode-ray tube or flat panel scr een greater than four inches in size when measured 4 diagonally and is intended to display information from a computer; 5 (6) "council" means the electronics recycling advisory council; 6 (7) "covered electronic device" means a computer, small-scale server, 7 computer monitor, television, pr inter, facsimile machine, scann er, battery-operated 8 portable digital music player with memory capability, digital v ideo disc player, digital 9 video disc recorder, videocassette recorder, video game console , microwave oven, 10 digital converter box, cable r eceiver, satellite receiver, comp uter keyboard, computer 11 mouse, or associated cables sold at retail; 12 (8) "covered electronic device category" means the following 13 categories of covered electronic devices: 14 (A) computers and small-scale servers; 15 (B) computer monitors; 16 (C) televisions; 17 (D) printers, facsimile machines, and scanners; 18 (E) digital video disc players, digital video disc recorders, and 19 videocassette recorders; 20 (F) video game consoles; 21 (G) microwave ovens; 22 (H) digital converter boxes, cable receivers, and satellite 23 receivers; and 24 (I) battery-operated portable di gital music players, computer 25 keyboards, computer mice, and cables; 26 (9) "covered entity" means any household, nonprofit, education al 27 institution, community, or small business located in the state; 28 (10) "desktop computer" means a computer that is controlled by a 29 stand-alone computer keyboard, stand-alone computer mouse or other pointing device, 30 computer monitor or other display unit, and that has a main uni t that is not designed 31 34-LS0220\A SB 61 -20- SB0061A New Text Underlined [DELETED TEXT BRACKETED] for portability and is intended to be persistently located in a single location; 1 (11) "educational institution" means 2 (A) a public or private institution located in the state for g rades 3 kindergarten through 12; or 4 (B) a nonprofit institution located in the state that provides 5 postsecondary or vocational education; 6 (12) "electronics producer responsibility organization" means an entity 7 that prepares and submits a manufacturer e-scrap program plan t o the department and 8 oversees an e-scrap program on behalf of two or more manufacturers cooperating with 9 each other to collectively establish and operate an e-scrap pro gram for the purpose of 10 complying with AS 46.06.200 - 46.06.290; 11 (13) "eligible electronic devi ce" means any mobile telephone, battery-12 containing electronic, or electronic device that meets the criteria in AS 46.06.280(a)(2) 13 that is taken out of service in the state, regardless of purchase location; 14 (14) "household" means a single detached dwelling unit or a si ngle 15 unit of a multiple dwelling unit and appurtenant structures; 16 (15) "manufacturer" means a person or successor in interest to a person 17 under whose brand or label a covered electronic device is sold at retail; if a covered 18 electronic device is sold at retail under a brand or label that is licensed from a person 19 who is the owner of the brand or label but does not sell or pro duce the device, or if a 20 covered electronic device is so ld at retail under the brand or label of both the retail 21 seller and the person that produced the device, the person that produced the device or 22 that person's successor in interest, is the manufacturer; 23 (16) "manufacturer e-scrap program" means any program establis hed, 24 financed, and operated by a ma nufacturer, individually or as pa rt of an electronics 25 producer responsibility organizati on, to collect, transport, an d otherwise prepare for 26 recycling covered electronic de vices and eligible electronic de vices collected at 27 program sites and single-day collection events in accordance wi th the requirements of 28 AS 46.06.200 - 46.06.290; 29 (17) "market share" means a manufacturer's percentage of all c overed 30 electronic devices by weight sold within a covered electronic d evice category during a 31 34-LS0220\A SB0061A -21- SB 61 New Text Underlined [DELETED TEXT BRACKETED] specified period; 1 (18) "notebook computer" means a computer that is controlled b y a 2 computer keyboard, trackpad or o ther pointing device, and video display greater than 3 four inches in size when measured diagonally that are all conta ined within the 4 construction of the unit; 5 (19) "participating manufacturer" means a manufacturer that an 6 electronics producer responsibility organization has listed under AS 46.06.210(a)(1) as 7 a participant in the electronics producer responsibility organization for a calendar year; 8 (20) "person" means an individual, partnership, co-partnership , firm, 9 company, limited liability company, corporation, association, j oint stock company, 10 trust, estate, political subdivi sion, state agency, unit of loc al government, or any other 11 legal entity, including a trustee, agent, assignee, or similar legal representative; 12 (21) "printer" means a desktop printer, multifunction printer copier, 13 printer and facsimile combination, or an all-in-one device that performs a combination 14 of printing, copying, scanning, and related tasks, that is desi gned to reside on a work 15 surface; "printer" does not incl ude a floor-standing printer, a printer with optional 16 floor stand, a point-of-sale recei pt printer, a calculator with printing capabilities, or a 17 label maker; 18 (22) "program collection site" means a physical location that is 19 included in a manufacturer e-scr ap program and at which covered electronic devices 20 are collected and prepared for transport by a collector during a calendar year; 21 (23) "recycler" means any person who transports or later recyc les 22 covered electronic devices that have been collected and prepare d for transport by a 23 collector at any program collection site or single-day collection event; 24 (24) "recycling" means any process by which covered electronic 25 devices that would otherwise be disposed of or discarded are co llected, separated, or 26 processed and returned to the economic mainstream in the form o f raw materials or 27 products; 28 (25) "retail collection site" means a private sector collectio n site 29 operated by a retailer collecting on behalf of a manufacturer; 30 (26) "retailer" means a person who first sells, through a sale s outlet, 31 34-LS0220\A SB 61 -22- SB0061A New Text Underlined [DELETED TEXT BRACKETED] catalog, or Internet website, a covered electronic device at a retail or permanent 1 establishment where covered electronic devices are displayed, h eld, stored, or offered 2 for sale to the public; 3 (27) "sale" means any retail transfer of title for considerati on, 4 including transactions conducted through sales outlets, catalogs, or an Internet website 5 or by any similar means; "sale" does not include financing or leasing; 6 (28) "single-day collection event" means a single-day event us ed as a 7 substitute for a program collection site; 8 (29) "small business" means a business operating in the state that 9 employs fewer than 50 people; 10 (30) "small-scale server" means a computer that typically uses desktop 11 components in a desktop form designed primarily to serve as a s torage host for other 12 computers and that is designed in a pedestal, tower, or other f orm similar to that of a 13 desktop computer so all data pro cessing, storage, and network interfacing is contained 14 within one box or product; desi gned to be operational 24 hours a day and 7 days a 15 week; designed to have very little unscheduled downtime, includ ing on the order of 16 hours each year; capable of operating in a simultaneous multi-u ser environment 17 serving several users through ne tworked client units; and desig ned for an industry-18 accepted operating system for home or low-end server applications; 19 (31) "tablet computer" means a computer that is controlled by a touch 20 screen and video display greater than six inches in size when m easured diagonally that 21 is contained within the construction of the unit; 22 (32) "television" means an elect ronic device that contains a c athode-23 ray tube or flat panel screen greater than four inches in size when measured diagonally 24 and is intended to receive video programming through broadcast, cable, satellite, 25 Internet connection, or other method of video transmission or t hat is intended to 26 receive video from surveillance cameras or other similar equipment. 27 Article 3. General Provisions. 28 Sec. 46.06.990. Definitions. In this chapter, 29 (1) "commissioner" means the commissioner of environmental 30 conservation; 31 34-LS0220\A SB0061A -23- SB 61 New Text Underlined [DELETED TEXT BRACKETED] (2) "department" means the Department of Environmental 1 Conservation. 2 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 3 read: 4 TRANSITION. The commissioner of environmental conservation shal l appoint 5 members of the electronics recycling advisory council under AS 46.06.270(b), added by sec. 9 6 of this Act, as soon as practicable. Notwithstanding AS 46.06.2 70(b), added by sec. 9 of this 7 Act, the commissioner shall appoi nt seven initial members of th e electronics recycling 8 advisory council to serve four-yea r terms and the remaining six initial members to serve 9 three-year terms. Initial members may be appointed to subsequent two-year terms thereafter. 10 * Sec. 11. This Act takes effect immediately under AS 01.10.070(c). 11