READ FIRST TIME 02/09/04.   

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

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

NEW SECTION.  Sec. 1   (1) The department of ecology, 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 covered electronic products.
     (2) The department shall identify and evaluate existing projects and encourage new pilot projects for covered 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 covered electronic product manufacturers;
     (c) Different methods of financing the collection, reuse, and recycling programs for covered 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 covered 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' covered 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 covered 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;
     (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;
     (k) Examine the need for and develop recommendations to address electronic waste collection, reuse, and recycling services, and financing options for charities, school districts, government agencies, and small businesses; and
     (l) Give special consideration to costs incurred by charitable organizations receiving unwanted electronic products and possible pilot projects and other waste collection systems that could be developed to address these products and costs related to disposal.
     (4) The department shall report its findings and recommendations for implementing and financing an electronic product collection, recycling, and reuse program to the appropriate committees of the legislature by December 15, 2004, and December 15, 2005.
     (5) For purposes of this section "covered electronic product" means computer monitors, personal computers, and televisions sold to consumers for personal use, but does not include: (a) An automobile or any cathode ray tube, cathode ray tube device, flat panel screen, personal computer, or other similar video display device that is contained within, and is not separate from, the automobile; or (b) monitoring and control instruments and systems, 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, and other equipment used in the delivery of patient care in a health care setting.
     (6) This section expires December 31, 2005.