BILL REQ. #:  H-4845.1 

READ FIRST TIME 02/09/04.   

     AN ACT Relating to electronic product management; adding a new chapter to Title 70 RCW; providing an expiration date; and creating a new section.

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, nonprofits, and other stakeholders. Therefore, the legislature finds that the solid waste advisory committee shall form a subcommittee to work with electronic product stakeholders to implement pilot projects or identify existing pilot projects that evaluate the effectiveness of programs to collect, recycle, and reuse electronic products.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Covered electronic product" means all computer monitors, computer central processing units, 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) "End of life fee" means a fee charged to the last consumer to use a covered electronic product.
     (5) "Front end financing" means costs recovered at the time of sale, either internalized into the final sale price, or specifically itemized and added to the final sale price.
     (6) "Hazardous electronic waste" means electronic waste and its components, constituent subunits, or materials from which the subunits are made, that contain concentrations of toxic materials exceeding the regulatory levels established in Title 40 C.F.R. Part 261.24 as it exists on the effective date of this act, using the toxic characteristic leaching procedure.
     (7) "Historic waste" means discarded covered electronic products that were produced before June 30, 2006.
     (8) "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.
     (9) "Orphan waste" means electronic waste that was manufactured by, or bears the brand of, a manufacturer that is no longer in business.
     (10) "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.
     (11) "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 solid waste advisory committee created under RCW 70.95.040 shall establish a subcommittee of covered electronic product stakeholders to initiate pilot projects, conduct research, and develop recommendations for electronic product collection, recycling, and reuse. The subcommittee shall include persons who represent covered electronic product manufacturers, covered electronic product retailers, waste haulers, electronics recyclers, charities, cities, counties, labor organizations, 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 subcommittee shall select four pilot projects for electronic product collection, recycling, and reuse. The subcommittee may develop new projects or identify existing pilot projects. The subcommittee shall select pilot projects allowing evaluation of a variety of factors including:
     (a) Urban versus rural recycling challenges and issues;
     (b) The involvement of electronic product manufacturers;
     (c) A diversity of financing types including front end financing and end of life fees;
     (d) The impact of the approach on local governments, nonprofit corporations, waste haulers, and other stakeholders;
     (e) How to address historic and orphan waste;
     (f) Differences between lined and unlined facilities; and
     (g) The effect of landfill bans on collection and recovery of electronic products.
     (3) The subcommittee shall also:
     (a) Review existing data on the impact that various types of electronic waste have on human health and the environment;
     (b) Examine existing programs and infrastructure in the state for reuse and recycling of electronic waste;
     (c) Develop reporting criteria for the manufacturers' reports required by section 4 of this act and review and summarize the information;
     (d) Review existing data on the costs to collect, transport, and recycle electronic waste;
     (e) Research the potential impacts of recycling or reusing electronic waste on jobs, recycling infrastructure, and economic development in the state;
     (f) Explore state financial incentives for developing business opportunities and jobs in the area of electronic product recycling and reuse infrastructure;
     (g) Develop and assess ways to establish and finance a statewide collection, reuse, and recycling program;
     (h) Develop possible performance measures to assess whether the collection, reuse, and recycling program meets established goals; and
     (i) Develop a description of what could be accomplished voluntarily and what would require regulation or legislation to implement the plan.
     (4) The subcommittee shall provide an update on its findings and recommendations to the appropriate committees of the legislature by December 15, 2004, and December 15, 2005.
     (5) This section expires December 31, 2005.

NEW SECTION.  Sec. 4   All manufacturers of covered electronic products shall submit a report to the department by July 1, 2005, and annually thereafter by July 1st. The report shall contain information the subcommittee in section 3 of this act deems necessary to determine the appropriate methods for Washington to consider in developing a statewide system for collecting, recycling, and reusing covered electronic products.

NEW SECTION.  Sec. 5   (1) Except as provided in subsection (2) of this section, any person who intends to export hazardous electronic waste to a foreign country either directly or through an intermediary in this state or another state, shall comply with all of the following at least sixty days before export:
     (a) Notify the department of the destination, contents, and volume of the hazardous electronic waste to be exported. Such destinations must include all downstream recycling, reuse, or disposal operations in the disposal and recycling chain;
     (b) Provide documentation that demonstrates that the importation of hazardous electronic waste is not prohibited by any applicable law or regulation of the country of destination and that any import is conducted in accordance with all applicable laws. As part of this demonstration, documentation of required import and operating licenses shall be forwarded to the department; and
     (c) Provide documentation that demonstrates that the exportation of hazardous electronic waste is conducted only in accordance with applicable international and national law.
     (2) For regular and similar shipments to the same destination, the department shall develop a streamlined reporting procedure for those opting to report on an annual basis following the initial shipment report.
     (3) All reporting shall be made available to the public in accordance with chapter 42.17 RCW.

NEW SECTION.  Sec. 6   The department may adopt rules to implement this chapter.

NEW SECTION.  Sec. 7   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 8   Sections 1, 2, and 4 through 7 of this act constitute a new chapter in Title 70 RCW.