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