Chapter 447

2006 -- H 7789 SUBSTITUTE A

Enacted 07/07/06

A N A C T

RELATING TO HEALTH AND SAFETY -- ELECTRONIC WASTE PRODUCER

RESPONSIBILITY

Introduced By: Representatives Handy, Ajello, Ginaitt, Long, and Lewiss

Date Introduced: February 28, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby

amended by adding thereto the following chapter:

CHAPTER 24.10

ELECTRONIC WASTE PREVENTION, REUSE AND RECYCLING ACT

23-24.10-1. Purpose. – The purposes of this act are:

(1) to study the establishment of a covered electronic product collection, recycling, and

reuse program for Rhode Island;

(2) to develop a comprehensive strategy, with the participation of state agencies,

producers, processors and consumers, for waste prevention and reduction of covered electronic

products in the state, which addresses the collection, recycling and reuse of covered electronic

products from all covered electronic product generators in the state and that ensures the safe and

environmentally sound handling, reuse and recycling of covered electronic products;

(3) to promote the development of state infrastructure for the reuse and recycling of used

electronics;

(4) to eliminate waste generated in the state from covered electronic products from

landfill and incinerator disposal; and

(5) to encourage the design of covered electronic products that are less toxic, more

durable and more recyclable.

23-24.10-2. Findings. – (a) The general assembly finds televisions, computers and other

electronics are omnipresent in modern society, and the number of obsolete, worn-out or otherwise

used televisions, computers and other electronic products are increasing;

(b) Used televisions and computers contain lead, mercury and other hazardous substances

that pose a threat to human health and the environment if improperly disposed of at the end of

their useful life;

(c) Cathode ray tubes are estimated to be the largest current source of lead in the state's

municipal solid waste stream;

(d) Many flat-panel-display televisions, computer monitors and laptop computers contain

a mercury-containing lamp for backlighting purposes;

(e) The reuse, repair and recycling of televisions and computers protect public health and

the environment by reducing the potential for the release of heavy metals and mercury from

landfills and municipal waste combustors into the environment, provide jobs and business

opportunities for state residents, recover valuable components and materials, reduce energy

consumption, air and water pollution and greenhouse gas emissions, and conserve valuable

landfill space;

(f) The state of Rhode Island has an interest in resource conservation, waste

minimization, landfill capacity management, pollution prevention, job creation and recycling;

(g) The Rhode Island mercury reduction and education commission recommended that

electronic waste be banned from disposal as solid waste, be managed through recycling or as

hazardous waste, and be handled in a manner consistent with products covered by the Mercury

Reduction and Education Act;

(h) The commission also recommended that a system of producer responsibility for the

collection and recycling of covered electronic devices is the most effective and equitable means

of keeping this toxic waste out of landfills, alleviating the full financial and physical burden

placed on the state and municipal governments for handling e-waste, while also providing a

powerful incentive for manufacturers to reduce toxins and redesign products for recycling; and

(i) The general assembly finds that the establishment of a comprehensive system to

provide for the collection, reuse and recycling of electronic products in this state is consistent

with its duty to protect the health, safety and welfare of its citizens, enhance and maintain the

quality of the environment, conserve natural resources, prevent air, water and land pollution and

stimulate economic growth.

23-24.10-3. Definitions. – (a) For the purposes of this chapter:

(1) "Department" means the department of environmental management.

(2) "Covered electronic products" means:

(i) desktop computers (including central processing unit or CPU);

(ii) computer monitors, including CRT monitors and flat panel monitors;

(iii) portable computers (laptops);

(iv) combination units (CPUs with monitors);

(v) CRT-based televisions and non-CRT-based televisions; and

(vi) television (including plasma and LCD), or any similar video display device with a

screen greater than four (4) inches diagonally and that contains a circuit board.

(3) "Covered electronic product generator" includes any person that has a covered

electronic product within its possession.

(4) "Person" means an individual, trust, firm, joint stock company, corporation (including

a government corporation), partnership, association, the federal government or any agency or

subdivision thereof, a state, municipality, commission, political subdivision of a state, or any

interstate body.

23-24-10.4. Scope of products covered. – The scope of products is the same as "covered

electronic products" and includes products from covered electronic product generators. The

department is hereby authorized to modify the scope of products through regulations.

23-24-10.5. Disposal ban. – (1) After July 1, 2008, no person shall dispose of any of the

covered electronic products in a manner other than by recycling or disposal as hazardous waste.

(2) This ban on disposal shall apply to whole units of covered electronic products, as well

as to the constituent subunits and materials from which the units are made.

(3) No solid waste landfill or transfer station regulated pursuant to section 23-18.9 shall

accept any covered electronic products for the purposes of disposal after July 1, 2008. All solid

waste landfills and transfer stations regulated pursuant to section 23-18.9 shall establish

procedures to promote segregation of covered electronic products from the waste stream, shall

document those procedures in the facility operating plan, and shall implement those procedures as

part of the operation of the facility.

23-24-10.6. Study to establish a covered electronic product collection, recycling, and

reuse program. – (a) The department shall study the establishment of collection, recycling, and

reuse programs for covered electronic products in this state. The department shall consult with

stakeholders including persons who represent covered electronic product manufacturers, covered

electronic product retailers, waste haulers, electronics recyclers, charities, cities, environmental

organizations, public interest organizations, reuse organizations, schools, and other interested

parties that have a role or interest in the collection, reuse, and recycling of covered electronic

devices. As part of this study the department shall:

(1) Examine existing programs and infrastructure for reuse and recycling of covered

electronic product;

(2) Compile information on covered electronic product manufacturers' covered electronic

product collection, recycling, and reuse programs;

(3) Review existing data on the costs to collect, transport, and recycle electronic waste;

(4) Research the potential impacts of recycling or reusing electronic waste on jobs,

recycling infrastructure, and economic development;

(5) Evaluate ways for improving product design to increase recyclability and reduce

toxicity of products, including the assessment of safer alternatives to toxics outlined in the ROHS

directive;

(6) Develop recommendations to define the role for charities, government agencies, local

and state governments, businesses, manufacturers, and retailers in the collection, reuse and

recycling of covered electronic products; and

(7) Explore state financial incentives for developing business opportunities and jobs in

the area of covered electronic product recycling and reuse infrastructure.

(b) The department shall, based on the findings and recommendations of subsection (a) of

this section, develop a plan for implementing and financing a program that addresses the

collection, recycling, and reuse of covered electronic products from all covered electronic product

generators in the state. In drafting this plan, the following factors will be considered by the

department:

(1) The recommendations of the mercury reduction and education commission regarding

methods of financing the collection, reuse, and recycling programs for covered electronic

products;

(2) The impact of the approach on local governments, nonprofit organizations, waste

haulers and other stakeholders;

(3) How to address historic and orphan waste, including an assessment of financing

mechanisms used for collecting and recycling historic and orphan wastes;

(4) The development of recycling and processing standards that protect the health of

workers and the environment in communities where covered electronic products are recycled

and/or modified for reuse, which may include a ban on the export on nonworking covered

electronic products to developing countries;

(5) Urban versus rural recycling challenges and issues;

(6) The role of covered electronic product manufacturers;

(7) The development of possible performance measures to assess the effectiveness of

collection, reuse and recycling of covered electronic products; and

(8) Special consideration will be given to costs incurred by charitable organizations

receiving unwanted electronic products and the waste collection systems that could be developed

as a result of this activity.

(c) The department shall submit two (2) progress reports to the general assembly and the

governor as follows:

(1) On or before January 1, 2007, the department shall submit a progress report on the

study required by subsection (a) of this section including the provisions made for the inclusion of

stakeholders, the issues that will be addressed in the study, and the work program to develop the

plan required by subsection (b) of this section.

(2) On or before May 1, 2007, the department shall submit a progress report describing

the progress of the study and of the development of the plan and identifying any issues that might

need to be resolved in implementing an electronic waste collection, reuse and recycling program."

(d) The department shall submit to the general assembly, no later than December 31,

2007, a program to accomplish the purposes of the chapter, which program shall include:

(1) Findings and recommendations for implementing and financing the collection, reuse

and recycling of covered electronic products; and

(2) A plan and recommendations for any legislation necessary to implement the plan, for

the collection, reuse and recycling of covered electronic products.

(e) The department may promulgate such regulations as may be necessary to implement

the electronic waste collection, reuse and recycling program, which regulations shall be effective

upon passage of the program by the general assembly.

     SECTION 2. This act shall take effect upon passage.

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LC01681/SUB A

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