Overview of State E-Waste Laws Barbara Kyle Electronics TakeBack Coalition June 2, 2009.

Overview of State E-Waste Laws

Barbara KyleElectronics TakeBack Coalition

June 2, 2009

E-Waste Legislation Topics

• What state e-waste laws have been passed?

• What’s the major difference between these laws?

• What data do we have coming from states with e-waste programs?

Two Basic Categories of State Laws

• Consumer Fee Law (ARF)

– Consumers pay recycling fee at purchase

– California is the only ARF state

• Producer Responsibility Laws

– Manufacturers pay for collection and recycling

– 18 states plus New York City

19 States have passed E-Waste Recycling Laws (plus New York City)

AK

MT

WYID

WA

OR

NVUT

CA

AZ

ND

SD

NE

CO

NM

TX

OK

KS

AR

LA

MO

IA

MN

WI

IL IN

KY

TN

MS AL GA

FL

SC

NC

VAWV

OH

MINY

PA

MDDE

NJ

CT RI

MA

ME

VTNH

HI

Producer responsibility law passed

18 states plus New York City

ARF (Consumer fee) laws passed.

1 State

13 More states are trying to pass e-waste laws:States with e-waste recycling laws plus bills introduced in 2009

AK

MT

WYID

WA

OR

NVUT

CA

AZ

ND

SD

NE

CO

NM

TX

OK

KS

AR

LA

MO

IA

MN

WI

IL IN

KY

TN

MS AL GA

FL

SC

NC

VAWV

OH

MINY

PA

MDDE

NJ

CT RI

MA

ME

VTNH

HI Producer responsibility law passed

18 states plus New York City

ARF (Consumer fee) laws passed.

1 State

E-waste bill introduced in 2009

Producer Responsibility State Laws

• Some differences in details between laws, e.g.:– Scope of products covered

– Filing and approval of plans, registration fees

– Recycling standards

• Primary, Fundamental Difference Between Laws: – Are there “drivers” – incentives for high level of participation,

that drive high collection volumes?

Producer Responsibility State Laws

How do different producer responsibility laws drive high collection volumes (or not)

No collection drivers.

Manufacturers decide what they want to do.

Partial collection drivers

Bills with strong drivers for high collection

Dell bill: Companies must simply have a program. No specific requirements.

Local Governments

Manage Collection

Producers pay for recycling, but not always for collection.

Return Share Bills

Companies are assigned a “return share” based on the portion of their products coming back in all collection activities.

Bill motivates collection of e-waste in various ways with some kind of performance measures or convenience metrics.

No collection drivers: States adopting Dell model bill (in red)

AK

MT

WYID

WA

OR

NVUT

CA

AZ

ND

SD

NE

CO

NM

TX

OK

KS

AR

LA

MO

IA

MN

WI

IL IN

KY

TN

MS AL GA

FL

SC

NC

VAWV

OH

MINY

PA

MDDE

NJ

CT RI

MA

ME

VTNH

HI

Dell Model Bill Laws

7 states

Other Producer responsibility laws on electronics passed

11 states

ARF (Consumer fee) laws passed.

1 State

Laws with no drivers for collection

States with Dell model bill or similar• Hawaii - IT only, not TVs Starts

Jan 2010• Michigan Starts April 2010• Missouri - IT only, not TVs –

Starts July or later in 2009• Oklahoma - IT only, not TVs –

Started Jan 2009• Texas – IT only, not TVs –

Started Sept 2008• Virginia - IT only, not TVs Starts

July 2009• West Virginia – Started Jan 2009.

Similar to Dell model bill

Maryland bill – pilot program, money to reimburse county programs

Dell bill requires IT companies to have a takeback program that is:

• “Reasonably convenient and available to consumers in this state; and

• Designed to meet the collection needs of consumers in this state.”

• Could be any kind of activity, even just collection events or mailback

• “Convenient” not defined and companies fight defining this in rulemaking

States passing laws with “Drivers” for high recycling volumes (in Green)

AK

MT

WYID

WA

OR

NVUT

CA

AZ

ND

SD

NE

CO

NM

TX

OK

KS

AR

LA

MO

IA

MN

WI

IL IN

KY

TN

MS AL GA

FL

SC

NC

VAWV

OH

MINY

PA

MDDE

NJ

CT RI

MA

ME

VTNH

HILaws with strong collection drivers

5 states

Producer responsibility law passed

13 states plus New York City

ARF (Consumer fee) laws passed.

1 State

States with Drivers for Collection

Three ways states are driving recycling

• Convenience: Mandate how convenient collection must be (Site in every county, plus one site in each city for 10,000 or more)

– Washington (started in January 2009)

– Oregon (started in January 2009)

• Market Share Goals: Mandate collection goals tied to what companies sell in the state

– Minnesota (started in Aug 2007)

– Indiana (starts April 2010)

• Escalator: Set initial goal, then mandate escalator from year to year

– Illinois (starts Jan 2010)

States passing laws with partial drivers for collecting e-waste (in pink)

AK

MT

WYID

WA

OR

NVUT

CA

AZ

ND

SD

NE

CO

NM

TX

OK

KS

AR

LA

MO

IA

MN

WI

IL IN

KY

TN

MS AL GA

FL

SC

NC

VAWV

OH

MINY

PA

MDDE

NJ

CT RI

MA

ME

VTNH

HIStates with partial drivers

5 states

Other Producer responsibility e-waste law passed

13

ARF (Consumer fee) laws passed.

1 State

Possible partial collection drivers

States where local government manages collection• Maine (started in 2006)

• Connecticut (starts July)

• North Carolina (starts 2010) - Collection also done by retailers, non-profits

States with Return Share bills (and no other drivers)• New Jersey (starts 2011)

• Rhode Island (started Feb 2009) – has some market share requirement for TVs.

State E-Waste Recycling Laws - All

AK

MT

WYID

WA

OR

NVUT

CA

AZ

ND

SD

NE

CO

NM

TX

OK

KS

AR

LA

MO

IA

MN

WI

IL IN

KY

TN

MS AL GA

FL

SC

NC

VAWV

OH

MINY

PA

MDDE

NJ

CT RI

MA

ME

VTNH

HI

States with partial collection drivers

5 states

States with strong drivers for collection volumes

5 states

No collection drivers: Dell Model Bill Laws

7 states

Other Producer responsibility e-waste laws

1 states

ARF (Consumer fee) laws passed.

1 State

E-Waste Collection Volumes Under State-Mandated Recycling Programs

Monitors TVs Computers LaptopsTOTAL

COLLECTED in Pounds

Notes Population Collection rate per capita

California(Includes products

from business)

Year 1 2005 not covered 64,809,498 36,457,549 1.78

Year 2 2006 not covered 127,979,144   3.51

Year 3 2007 not covered 185,190,929 5.08

Year 4 2008 not covered 215,500,079 2008 data incomplete

5.91

Maine Year 1 2006 1,205,726 2,954,848 not covered Laptops numbers

under monitors

4,160,574 1,321,574 3.15

Year 2 2007 1,393,775 3,290,682 not covered 4,688,552 3.55

Year 3 2008 1,421,284 3,853,020 not covered 5,274,304   3.99

Minnesota Year 1 2007 - 2008

No breakdown. MN program also collects printers,keyboards; fax machines; and DVD players

33,100,000 5,197,621 6.37

Washington Year 1 Q1

2009 Jan- Apr

4,176,758 6,729,154 1,234,126 Under computers

12,140,038 Data from Jan-Apr

only

6,468,424 5.63

% 33.0% 57.1% 9.9% 35,663,680 Annualized  

Oregon Year 1Q1 

2009 Q1

1,644,534 2,750,767 543,240 Under computers 

4,938,541 Data from Q1 only

3,747,455 5.27

% 33.3% 55.7% 11.0% 19,754,164 Annualized   lbs per person

Collection Results from State Programs

California* Maine Minnesota Washington Oregon

Year 1 1.78 3.15 6.37 5.68 5.27

Year 2 3.51 3.55

Year 3 5.08 3.99

Year 4 5.91

Pounds Per Person Collected in State Programs

* CA program includes e-waste from businesses

Federal Legislation

What about a federal take back bill?

Contact Info

Barbara Kyle

National Coordinator, Electronics TakeBack Coalition

[email protected]

415-206-9595

www.electronicstakeback.com