at reuse conference –9/15 reuse and the new laws by jason linnell
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AT Reuse Conference –9/15
Reuse and the New Lawsby Jason Linnell
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.
About Us
Percentage of Population Covered by E-waste Law
% Covered,
53.9%
% Not Covered,
46.1%
Overview of States With Laws
NYC
States With Producer Responsibility
Laws
States With ARF (Consumer Fees)
Laws
States With Landfill Disposal Fee
States With Disposal Ban/No E-Waste
Law
WV
MDCT
ME
VA
NC
IL
OK
TX
MO
MN
MI
CA
OR
WA
AR
RI
NHVT
MA
NJ
IN
•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
Highlights
Desktops, Laptops (over 4 inch),TVs (over 4 inch), Monitors (over 4 inch)
Laptops, TVs (over 9 inch), Monitors (over 9 inch)
Desktops, Laptops, TVs (over 4 inch), Monitors (over 4 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, monitors, laptops
TVs, Desktops, monitors, laptops, keyboard, mice, and other peripheral equipment (excluding printers)
*Product scope for MD and MN includes products triggering a manufacturer obligation to participate in the program.
NYC
Rhode Island
Desktops, laptops, computer monitors over 9 inch and TVs over 9 inch
Hawaii
Product Scope By State
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)
State In Effect? DateCA Yes 1/1/2005
ME Yes 1/18/2006
MD Yes 1/1/2006
MN Yes 7/1/2007
OK Yes 1/1/2009
OR Yes 1/1/2009
RI Yes* 2/1/2009
TX Yes 9/1/2008
WA Yes 1/1/2009
VA Yes 7/1/2009
WV Yes 1/1/2009
CT No* 7/1/2009 – likely early 2010
HI No 1/1/2010
IL No 1/1/2010
IN No 4/1/2010
MO No 7/1/2010
NC No 1/1/2010
NJ No 1/1/2010
NYC No 9/1/2009 – delayed plan date
Critical Issues• Collector issues
– 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
•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?
What does it mean for collectors?
• 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?
What does it mean for reuse?
• 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)
How Is A Manufacturer Defined In Each State? Differently!
The Manufacturer/Brand Connection
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.
• Updated listing of state laws and description
• Recycling options through mygreenelectronics.com and others
• Studies, background, analysis• Compliance Calendar• Main sites:
– www.electronicsrecycling.org– www.ecyclingresource.org
NCER Resources
Thank You!
Jason Linnell, NCERPhone: (304) 699-1008jlinnell@electronicsrecycling.org
Visit us on the web: www.electronicsrecycling.organd www.ecyclingresource.org
Backup Slides
NYC
RI
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. SOLDManufacturer pays registration fee and for collection and recycling of covered electronic devices based on their yearly sales to households
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
Types of FinancingME
CT
NJ
MDWV
HI
VA
NC
MI
IL
MO
OK
TX
MN
WA
OR
CAIN
Adding Covered EntitiesOur Patchwork Quilt
-Households-Small Business-Non-Profits-Any Entity w/ Fewer Than 7 Devices
-Households-Small Gov’t-Small Business-School Districts-Charities
Households Only Consumers Only (Who Use Computer Equipment for Home or Home Business Use)
Any Entity
Households& Schools
Hawaii
NYC
Rhode Island
HouseholdsSmall Business with fewer than 7 employees
-Households-Small Businesses-Public Schools
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