READ FIRST TIME 02/09/04.   

     AN ACT Relating to electronic product management; creating new sections; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that advances in technology have created a significant number of obsolete electronic products. The legislature also finds the challenge of providing electronic product management and recycling opportunities for Washington residents can be effectively addressed through partnerships with electronic product manufacturers, retailers, consumers, local governments, waste haulers, recyclers, nonprofit organizations, and other stakeholders. Therefore, the legislature finds that the department of ecology shall work with electronic product stakeholders to evaluate existing projects, encourage new pilot projects as needed, and develop recommendations for implementing and financing the collection, recycling, and reuse of electronic products throughout the state.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout sections 1 through 3 of this act unless the context clearly requires otherwise.
     (1) "Covered electronic product" means all computer monitors, personal computers, and televisions. Covered electronic product does not include medical devices and products, including materials intended for use as ingredients in such products, as such terms are defined in the federal food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.) or the virus-serum-toxin act of 1913 (21 U.S.C. Sec. 151 et seq.), and regulations issued under those acts.
     (2) "Department" means the department of ecology.
     (3) "Electronic waste" means a covered electronic product that has been discarded by its owner, or that has entered the solid waste stream.
     (4) "Historic waste" means discarded covered electronic products that were produced before June 30, 2006.
     (5) "Manufacturer" means any person who, as of the effective date of this act: (a) Manufactures and sells covered electronic equipment under its own brand; (b) manufactures and sells covered electronic equipment without affixing a brand; or (c) resells covered electronic products produced by other suppliers under its own brand and label. The term "manufacturer" applies regardless of the selling technique used, including distance communication.
     (6) "Orphan waste" means electronic waste that was manufactured by, or bears the brand of, a manufacturer that is no longer in business.
     (7) "Recycling" means the use of previously manufactured materials including metals, glass, and plastics, as feedstock in the manufacturing of new products. "Recycling" does not include energy recovery or energy generation by means of combusting electronic waste with or without other waste.
     (8) "Reuse" means any operation by which electronic waste or components of electronic waste are used for the same purposes for which they were originally created, including the continued use of the equipment or components of the equipment that are returned to collection points, recyclers, or manufacturers.

NEW SECTION.  Sec. 3   (1) The department, in consultation with the solid waste advisory committee created under RCW 70.95.040, shall conduct research and develop recommendations for implementing and financing an electronic product collection, recycling, and reuse program. The department and the solid waste advisory committee shall consult with stakeholders including persons who represent covered electronic product manufacturers, covered electronic product retailers, waste haulers, electronics recyclers, charities, cities, counties, environmental organizations, public interest organizations, and other interested parties that have a role or interest in the collection, reuse, and recycling of electronic waste.
     (2) The department shall identify and evaluate existing projects and encourage new pilot projects for electronic product collection, recycling, and reuse that allow for new information to be obtained. In evaluating new and existing projects, factors to be considered include:
     (a) Urban versus rural recycling challenges and issues;
     (b) The involvement of electronic product manufacturers;
     (c) Different methods of financing the collection, reuse, and recycling programs for electronic products;
     (d) The impact of the approach on local governments, nonprofit organizations, waste haulers, and other stakeholders;
     (e) How to address historic and orphan waste; and
     (f) The effect of landfill bans on collection and recovery of electronic products.
     (3) The department shall also:
     (a) Examine existing programs and infrastructure for reuse and recycling of electronic waste;
     (b) Compile information on electronic product manufacturers' electronic product collection, recycling, and reuse programs;
     (c) Review existing data on the costs to collect, transport, and recycle electronic waste;
     (d) Develop possible performance measures to assess the effectiveness of collection, reuse, and recycling of covered electronic products;
     (e) Develop a description of what could be accomplished voluntarily and what would require regulation or legislation if needed to implement the recommended statewide collection, recycling, and reuse program for covered electronic products;
     (f) Research the potential impacts of recycling or reusing electronic waste on jobs, recycling infrastructure, and economic development;
     (g) Evaluate the suitability of lined and unlined facilities for the disposal of covered electronic products;
     (h) Explore state financial incentives for developing business opportunities and jobs in the area of electronic product recycling and reuse infrastructure;
     (i) Develop and assess ways to establish and finance a statewide collection, reuse, and recycling program for covered electronic products; and
     (j) Work with the federal environmental protection agency, other federal agencies, and interested stakeholders to:
     (i) Determine the amount of electronic waste exported from Washington that is subject to reporting under 40 C.F.R. part 262;
     (ii) Determine the amount of electronic waste exported from Washington that is not subject to reporting under 40 C.F.R. part 262, including electronic waste from households, small quantity generators, regulated generators, and other sources; and
     (iii) Identify methods to determine if exports of electronic waste from Washington are in compliance with national laws in destination countries.
     (4) The department shall report its findings and recommendations for implementing and financing a state electronic product collection, recycling, and reuse program to the appropriate committees of the legislature by December 15, 2004.

NEW SECTION.  Sec. 4   Sections 1 through 3 of this act expire June 30, 2005.