State Electronics Recycling Laws

Where MN Stands Among the Patchwork of State Laws & How the ERCC is Helping Coordinate &

Harmonize Efforts at the State Level

Jason LinnellNational Center for Electronics Recycling (NCER)

OverviewNCER BackgroundState Laws – where do we stand?How MN Law Stacks UpFrom Startup to Lessons Learned o Latest Data and Performance

Addressing the Challenge o Electronics Recycling Coordination

ClearinghouseObservations

National Center for Electronics Recycling:

Non-profit 501c3, est. 2005Located in Parkersburg, WVInvolved in Federal, State & Association ProjectsConduct Research, Run Collection ProgramsPartner with NERC on Electronics Recycling Coordination Clearinghouse Manage Oregon State Contractor ProgramOur Mission: Dedicated to the development and enhancement of a national infrastructure for the recycling of used electronics in the U.S.

About Us

States highlighted in orange have some type of electronics recycling law

States With E-Scrap Laws

25 & Counting, Slower Pace2003: California2004: Maine 2005: Maryland 2006: Washington 2007: Connecticut, Minnesota,

Oregon, Texas, North Carolina

0

2

4

6

8

10

2003

2005

2007

2009

Number of New Laws

Number of New Laws

2008*: New Jersey, Oklahoma, Virginia, W. Virginia, Missouri, Hawaii, Rhode Island, Illinois, Michigan

2009: Indiana, Wisconsin2010: Vermont, South Carolina,

New York, Pennsylvania2011: Utah

Percentage of Population Covered by E-Scrap Law

Desktops, Laptops (over 4”), TVs (over 4”), Monitors (over 4”)

TVs with exclusions (over 4 inches diagonally), Monitors (over 4”), Laptops (over 4”)

Desktops, Laptops, TVs (over 4”), Monitors (over 4”)

Laptops, TVs (over 9”), Monitors (over 9”)

TVs (over 4”), Monitors (over 4”), Laptops (over 4”)

Desktops, laptops, computer monitors, printers, and TVs

Desktops, laptops, computer monitors over 9” and TVs over 9”

Computers, Televisions (as well as cathode ray tubes), Small Scale Servers, Computer Peripherals (Monitors, Electronic Keyboards, Printers, etc.), Small Electronic Equipment (VCRs, Digital Video Recorders, Portable Digital Music Players, DVD Players, etc.)

Desktops, monitors, laptops

TVs, Desktops, monitors, laptops, keyboard, mice, printing devices and other peripheral equipment

TVs, Desktop & Laptop Computers, Monitors, Printers, Keyboards and Mice

Desktop, laptop, tablet, keyboard, printer, television, television peripherals (DVD player, VCR, etc)

Product Scope By State

Patchwork of Covered Entities

Some states cover all entities, whereas others put restrictions on who is covered and may only cover households, or households

and schools. Go to ecycleclearinghouse.org for more details.

States highlighted in maroon have active landfill bans. Those highlighted in yellow also have landfill bans, but they aren't in effect yet.

States With Landfill BansOne or More Electronic Devices

2010 Per Capita RatesState Products Collected Entities

Collected From2010 Per Capita

CA Televisions, computer monitors , laptop All 4.9

HI Computer monitors, laptops, printers (no TVs until 2011)

All 2.4

IL Computer, computer monitor, television, printer, mobile phones, telephone, others

Households only 2.4

IN TVs, computer monitors, laptops, desktops, printers, computers, peripherals, fax machines, DVD players, VCRs

Households, public schools, small business

2.5

ME TVs, computer monitors, laptops, printers, video game consoles, dig pic frames

Households (others added 2011)

4.0

MI Computer, computer monitor, television, printer

Household and small business

0.8

State Products Collected Entities Collected From

2010 Per Capita

MN

TVs, computer monitors, laptops, desktops, printers, computers, peripherals, fax machines, DVD players, VCRs

Households 6.7

OR

TVs, computer monitors, laptops, desktops Households, small bus., non-profit, 7 or fewer

6.3

OK computer monitors, laptops, desktops Households 0.7

TXcomputer monitors, laptops, desktops Households 1.0

VAcomputer monitors, laptops, desktops Households 0.6

WA

TVs, computer monitors, laptops, desktops Households, small gov’ts, small businesses, school district and charities

5.9

WI

televisions, computers (desktop, laptop, netbook and tablet computers), desktop printers, computer monitors; other computer accessories, e-readers, DVD players, VCRs and other video players (i.e., DVRs); and fax machines

Households, k-12 public schools

4.2

2010 Per Capita Rates

Rate of Change: 2009/2010 Per Capita Rates

NOT a True Comparison – Products/Entities Differ!

6.005.75

4.96

5.78

4.00

6.71

6.30

5.87

0.00

1.00

2.00

3.00

4.00

5.00

6.00

7.00

ME MN OR WA

2009

2010

MNUp 17%

ORUp 27%

WAUp 1%

MEDown 33%

2009/2010 Per Capita RatesRates of Change

NOT a True Comparison – Products/Entities Differ!

5.75

4.94

5.786.06

6.3

5.87

0.00

1.00

2.00

3.00

4.00

5.00

6.00

7.00

MN OR WA

2009

2010

MNUp 5% OR

Up 27%

WAUp 1%

1. Pounds sold/share – OEM individual lbs goals, some without convenience metric

– IL, IN, MN, NY, NJ, WI, (MI), (NC), (SC)2. Default and opt-out, usually with

convenience goals, collective programs– OR, RI, VT, WA

3. Limited take-back programs– MD, MO, (NC), (MI), (SC), OK, TX, VA, WV

4. Recycler approval, then bill manufacturer, return and market share

– CT, ME5. Advanced Recycling Fee (CA)

Grouping The States – 5 Models

How MN Law Fits In

First in the nation on “pounds sold” approacho Limits potential # of manufacturers, no

impact on others if one manufacturer falters

o But, collection amounts rise and fall with sales, lbs of new products

Most in region copied basic modelo IL adapted differences in 2011

Products: higher screen size limitation 9” than in most statesLimited scoped of obligated “VDDs”

Comparison to Other ModelsOther states more restriction on collected product type (“non-CED”)o But many others states allow

non-householdsOther differenceso Others use lbs sold to set % allocation, NOT

overall collection target- usually set lb per capita and adjust annually

o Convenience requirements – every county or every city over 10k population

o Collective programs by default in 4 stateso Allocating costs by returns rather than saleso Strict recycler requirements in other states

Variation in Pounds Sold

Source: NCER Analysis of iSuppli and IDC unit data, July 2008 – June 2010

Addressing the Patchwork Challenge

Electronics Recycling Coordination Clearinghouse

• Regular forum for info exchangeo Away from infrequent conference sessions,

exaggerations of legislative battles• Learn from previous states

o “Home” for knowledge base• Method for identifying and reducing overlap

o Saves government and stakeholder resources

• Formal process for making decisionso i.e. new products, gray areas, standardized

reporting guidelines, best practices for difficult challenges

The Need

Current Activities: o Consolidated registration system –

www. ecycleregistration.org o Manufacturer and brand state registration

databaseo Market share data gathering and accesso Coordinated responses and info sharing on

non-compliant companieso Data tracking of performance measureso Collector Best Practiceso Regular info-sharing calls among members,

update on key state activities16 State Agency Members, 21 Affiliate Members as of November 2011

Activities of the ERCC

Push and Pull of Pounds and Targets o Regulators want results, targets achieved o Recyclers want more pounds entering their

facilitieso Manufacturers want compliance, but more

lbs = more $Manufacturer responsibility but inherent disincentive to collecto Collectors must make sure recycler has

dependable manufacturer outleto Recyclers encourage cycle by not

comprehending manufacturer goalso Is there a better way?

Observation on Pounds

Federal ActivityMore Attention in Administrationo Interagency Task Force Report in Julyo Focuses on Federal Agency actions,

purchaseso Push for recycler certification – R2

and e-StewardsLess so in Congresso R&D bill not passed in 2010,

introduced again 2011o Export bill on both sides introduced,

group urging passage

Conclusions/OutlookHow many more state programs? o Trend is down, but who wants to be left out?o Legislated harmonization of details? Industry

solutions?• Will Congress move on legislation addressing

patchwork?o Unlikely in short term, 2012 election yearo Export restrictions?

• More to learn in 2012o Most states will have at least 1 year of

resultso Standardized metrics help compare

performance

Thank You!

Jason Linnell, NCERPhone: (304) 699-1008jlinnell@electronicsrecycling.org

Visit us on the web: www.electronicsrecycling.organd www.ecycleclearinghouse.org