State Recycling Requirements for CE Manufacturers and Retailers in the U.S. National Electronics Recycling Infrastructure Clearinghouse

Overview NERIC and NCER – About Us Legislative Background Project Scope Coverage Covered Manufacturers/Retailers Reporting/Registration Requirements Financial/Operational Requirements Brands and Orphan Issues Product Design Requirements Timelines Trends & Outlook from CEA

This workshop is being conducted with support from CEA by the National Center for Electronics Recycling under the National Electronics Recycling Infrastructure Clearinghouse (NERIC) project. About Us

1)The coordination of initiatives targeting the recycling of used electronics 2)Participation in pilot projects to advance and encourage electronics recycling 3)The development of programs that reduce the burden of government through private management of electronics recycling systems Non-profit 501c3 Located in Parkersburg, WV area (Davisville)  Polymer Tech Park NCER’s Mission: Dedicated to the development and enhancement of a national infrastructure for the recycling of used electronics in the U.S. through: About Us

Legislative Background First state electronics recycling mandate in the U.S. was in CA – LAW ENACTED IN 2003! Three more state mandates since: Maine (2004) Maryland (2005) Washington State (2006) These states represent 50 million residents in the U.S. market, approximately 16% of the US population In all of these states, the penalty for non-compliance is: 1.products ineligible for sale in the state, and/or 2.financial penalties per each sale of covered products

Product Scope Coverage California Cathode ray tube (CRT) devices (tvs and computer monitors) LCD desktop monitors Laptop computers with LCD displays LCD and plasma televisions Portable DVD players (fees begin 7/1/07) All devices are covered in displays if greater than 4 inches diagonally

Product Scope Coverage Maine Computer CPU/desktop (labeling only) As implemented, video displays over 4”: –CRT devices (monitor and TV) –Laptop computers –Portable DVD players Only household products - no devices disposed of by a business, industry, medical, educational or governmental entity are covered

Maryland Desktop personal computers Laptop computers Computer monitors No mention of covered entities Product Scope Coverage

Washington Any monitor, TV or other video display over 4” Desktop computers Laptop computers All from covered entities only: households, small businesses, charities, small governments and school districts Product Scope Coverage

Commonalities & Differences Commonalities All cover computer monitors and laptop computers over 4 inch screen size Differences WA and MD only cover desktop computers ME covers only for brand labeling, not recycling MD only state that excludes TVs CA exempts certain projection TVs if actual internal display is less than 4 inches (i.e. LCD PTVs) WA exemptions are more expansive than others (i.e. handheld portable voice or data devices, etc)

Coming Attractions Portable DVDs soon covered by all states except MD (if over 4 inch screen size) New display technologies like digital picture frames and other novel applications could trigger new requirements

Covered Manufacturers and Retailers

Generally: person who manufacturers covered products, or sells under own brand covered products in that state, or is the importer Some laws state definition applies irrespective of selling method (i.e. internet, direct, catalogue) Some make explicit that manufacturer could have sold in past are still covered Covered Manufacturer

Fairly consistent definition: a person who offers covered electronic products for sale at retail through any means (i.e., internet, direct, catalogue)  Wholesalers excluded Maine specifies sales to “consumers” Covered Retailer

Maine and Maryland both allow manufacturers to claim responsibility for brands Washington requires “brand owner” be responsible for that brand Maine and Washington cover historic producers, even if no longer in that product market Differences Across State Programs

Reporting/ Registration Requirements California No manufacturer registration requirements, but annual reports required by July 1 on sales data, materials usage, recyclable content, design for recycling narrative, list of retailers notified, and consumer information provided. Retailers: required to register and establish an account with the California Board of Equalization for fee collection and remittance

Maine No formal “registration” requirement, manufacturers must submit “plan” for collection and recycling. Annual report required in July from manufacturers  Collection/recycling services, estimates of sales, capture rate, etc No registration/reporting requirements for retailers, unless the retailer meets definition of a manufacturer Reporting/ Registration Requirements

Maryland All companies meeting definition of manufacturer (including 1000 unit threshold) must register and pay annual registration fee. No registration/reporting for retailers unless meeting definition of “manufacturer” by being a brand owner or importer of computers.

Washington All covered manufacturers must register and pay annual administration fee to Department of Ecology beginning January 5, 2007 Other reporting by “plan” No registration/reporting requirements for retailers unless meeting definition of covered manufacturer Reporting/ Registration Requirements

Commonalities & Differences No individual company reporting requirements, plan does the report in WA Retailer registration/reporting requirements are limited to CA Requirements vary substantially across state, some general similarities but reporting/registration requirements are all unique Capture rate based on sales in ME only

Financial & Operational Requirements California Manufacturers collect/remit ARF on direct sales, retain 3% Manufacturers required to annually notify retailers of products covered by ARF. Retailers collect/remit ARF on sales to CA customers. retain 3%. Retailers only sell branded products and that meet RoHS restrictions for heavy metals.

Maine Manufacturers/Retailers meeting manufacturer definition required to choose in recycling plan method of payment for returned brands brand responsibility:  Pay consolidator count + orphans  Pick up representative pile  OR, have branded product separated + orphans Financial & Operational Requirements

Maryland Manufacturers pay a $5000 initial annual registration fee with list of brands by December 31  If desired, manufacturers may set up take-back program and pay only a $500 annual fee Retailers may not sell brands of computers without a brand label or that have not paid registration fee. Financial & Operational Requirements

Washington Manufacturers may/must join Standard Plan (no choice if a white box or new entrant manufacturer) to manage and finance recycling program Manufacturers may start on own or with others an independent plan (if combined return share above 5%) Retailer may not sell covered products if manufacturer is not registered and part of an approved plan  Violation for both retailer and manufacturer Financial & Operational Requirements

Brands & Orphan Issues California Other than labeling, brands/orphans don’t come into play Brands for covered products given by manufacturers to retailers in annual list Maine The company claiming a brand determines who pays in Maine; Orphans divided those with over 1% return share, separate orphan pro rata shares for monitors and TVs Brand labeling requirements also for desktop computers Maryland Brands specified on manufacturer registration form, but brands not differentiated on the recycling end. Washington Return share/equivalent share calculations are defined to allocate costs and responsibilities among all compliant/participating manufacturers Brand labeling is required in all states.

Product Design Requirements Does not include separate laws on mercury or energy. California Restrictions on heavy metals specified in EU RoHS for California’s covered electronic devices (CEDs) only –Lead, mercury, cadmium, and hex chrom (not RoHS flame retardants) –Any future changes must mirror EU –Some legislative push to expand covered devices for this requirement Maine No specific requirements, but state procurement preferences –Purchasing preference must be given to electronic devices that incorporate design for the environment.

Maryland None Washington Reporting requirement only. Calls for a description of how manufacturers will communicate with processors to promote and encourage design for the environment Product Design Requirements

Timelines/ Deadlines January 1, 2007: RoHS substances banned from covered products for sale in CA January 1, 2007: Manufacturer registration fee due to MD January 5, 2007: Manufacturers must have registered in WA to sell, retailers must view list to sell, brand labeling as of 1/1/07 April 1, 2007: Manufacturers provide list of covered products to retailer in CA (including portable DVD) June 1, 2007: Preliminary return shares sent by WA government to manufacturers July 1, 2007: Manufacturer reports due in ME and CA July 1, 2007: Retailers start portable DVD fees in CA

Timelines/ Deadlines August 1, 2007: Final return shares published by Ecology January 1, 2008: Registration/admin fees due in MD and WA February 1, 2008: Initial standard and independent plans due in WA to government January 1, 2009: plans must be fully operational in WA

Introducing… Parker Brugge with CEA

The short answer from industry’s perspective: –Not Good! In 2006 e-waste bills of all stripes were introduced in about 25 states  2007 is expected to see a similar number, but probably more intense activity in several states Each of the last 4 years has seen 1 new, unique e-waste mandate passed at the state level  2007 may produce at least 1 new state mandate, potentially as many as 5 Trends & Outlook for Future State Actions

2006 State Recycling Legislation CA OHIL KY TN NC SC FL TX WA NY NJ GA MO AZ UT NV CO CT DE ID IA VA IN MA AR ME AL OR KS MN MS MT NM ND SD VT NH LA PA WY NE OK HI Puerto Rico CANADA WV MEXICO WI MI RI Minnesota Massachusetts Producer Responsibility BillARF or 1 st Seller Bill Manufacturer takeback CRTs, Computers Carryover from 2005 Mftr. takeback to be proposed on TVs, CRTs by state Task Force MD New Hampshire Vermont Manufacturer takeback Requires collection & recycling plans for TVs, monitors, computers, printers Electronics/Computer Task Force Washington Mftr. takeback law to be signed by Governor Implementation by 2009 Landfill Ban Illinois Rhode Island Municipalities manage e-waste; Mftr. takeback for computers, TVs, monitors & audio Mftr. takeback plans for TVs, monitors, & computers; landfill ban in July 2007 Recycling Task Force ongoing; Initial recommendations 5/ 06 E-scrap Task Force - recommendations to legislators by Dec Kentucky South Carolina Task Force complete. recommendations imminent DEQ ongoing study on e-waste management options for state New York 1)Manufacturer take back CRTs, Computers 2) $10 ARF bill on CRT products; reintroduced Mississippi 2008 landfill ban; state agencies develop e-waste recycling plans Nebraska Manufacturer takeback using consolidation facilities; covers all CE New Jersey $10 ARF on TVs and computers Delaware Use unclaimed mftr. rebates to fund state- wide recycling program New Mexico Louisiana Oklahoma Michigan California model ARF bill reintroduced Establish statewide recycling pilot if mftrs. pay into fund E-waste task force report due 12/2006 Utah Landfill ban after 2007; e-waste task force Missouri E-waste task force report due 12/2006 Connecticut ARF on CRTs, & CRT containing products (as of 3/16/2006) Recycling law activity in 2005: 23 states Recycling law adopted to date: 4 states Landfill Ban & Task Force Producer Responsibility Bill & Task Force Producer Responsibility Bill & ARF or 1 st Seller Bill

States expected to have e-waste activity in 2007: 1.Minnesota 2.Oregon 3.New York 4.Massachusetts 5.Wisconsin 6.Illinois 7.Connecticut 8.New Jersey 9.Pennsylvania 10.Others… States to Watch 2007

CEA’s policy priority is for a national, federally legislated program CEA is working actively with Consumer Electronic manufacturers, retailers and other stakeholders to develop a common position The Goal: A viable industry position that avoids placing the entire financial burden on manufacturers, especially in industry segments where such costs could not be recovered in the product sale price A Viable Alternative

Help Us Find a Solution Parker Brugge, CEA Phone: (703) Join CEA if you are not already a member! Participate in CEA’s Environmental Policy Committee! Contact me for further information! Thank You! AND…

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