Bill Text - HB547 (2017)

Relative to the recycling and disposal of electronic waste.


Revision: Jan. 26, 2017, 8:04 a.m.

HB 547-FN - AS INTRODUCED

 

 

2017 SESSION

17-0577

08/03

 

HOUSE BILL 547-FN

 

AN ACT relative to the recycling and disposal of electronic waste.

 

SPONSORS: Rep. Bixby, Straf. 17

 

COMMITTEE: Science, Technology and Energy

 

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ANALYSIS

 

This bill:

 

I.  Establishes a program to recycle and dispose of electronic waste.

 

II.  Requires manufacturers of certain electronic devices to register with the department of environmental services.

 

III.  Establishes the electronic waste collection and recycling fund.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0577

08/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to the recycling and disposal of electronic waste.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Subdivision; Electronic Device Recycling.  Amend RSA 149-M by inserting after section 60, the following new subdivision:

Electronic Device Recycling

149-M:61  Definitions.  In this subdivision:

I.  "Cathode-ray tube" means a vacuum tube or picture tube used to convert an electronic signal into a visual image.

II.  "Collection" means the aggregation of electronic waste from covered entities and includes all the activities up to the time the electronic waste is delivered to a recycler.

III.  "Collector" means a public or private entity that receives covered electronic devices from covered entities and arranges for the delivery of the devices to a recycler.

IV.  "Commissioner" means the commissioner of the department of environmental services.

V.  "Computer" means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions, including a laptop computer, desktop computer, and central processing unit.  "Computer" does not include an automated typewriter or typesetter or other similar device.

VI.  "Computer monitor" means a display device without a tuner that can display pictures and sound and is used with a computer.

VII.  "Computer peripheral" means a keyboard or any other device sold exclusively for external use with a computer that provides input or output into or from a computer.

VIII.  "Covered electronic device" means a: computer; computer monitor; device containing a cathode ray tube; printer; or television offered for sale or sold to a covered entity.  "Covered electronic device" does not include: any motor vehicle or any part thereof; a camera or video camera; a portable or stationary radio; a wireless telephone; a household appliance, such as a clothes washer, clothes dryer, water heater, refrigerator, freezer, microwave oven, oven, range, or dishwasher; equipment that is functionally or physically part of a larger piece of equipment intended for use in an industrial, research and development, or commercial setting; security or anti-terrorism equipment; monitoring and control instruments or systems; thermostats; hand-held transceivers; a telephone of any type; a portable digital assistant or similar device; a calculator; a global positioning system receiver or similar navigation device; commercial medical equipment that contains a cathode ray tube, a cathode ray tube device, a flat panel display, or similar video display that is not separate from the larger piece of equipment; or other medical devices, as the term "device" is defined under 21 U.S.C. section 321(h).

IX.  "Covered entity" means any household, charity, or school district in the state; or a business in the state that employs 10 or fewer individuals.

X.  "Department" means the department of environmental services.

XI.  "Electronic waste" means a covered electronic device which is to be disposed of.

XII.  "Manufacturer" means a person who:

(a)  Manufactures or manufactured a covered electronic device under its own brand or label for sale in the state;

(b)  Sells in the state under its own brand or label covered electronic devices produced by another supplier;

(c)  Owns a brand that it licenses or licensed to another person for use on a covered electronic device sold in the state;

(d)  Imports into the United States for sale in the state a covered electronic device manufactured by a person without a presence in the United States:

(e)  Manufactures covered electronic devices for sale in the state without affixing a brand name; or

(f)  Assumes the responsibilities, obligations, and liabilities of a manufacturer as defined under subparagraphs (a) through (e), provided that the commissioner may enforce the requirements of this subdivision against a manufacturer if a person who assumes the manufacturer's responsibilities fails to comply with the requirements of this subdivision.

XIII.  "Market share" means the manufacturer's percentage share of the total weight of covered electronic devices sold in the state as determined by the best available information, which may include an estimate of the aggregate total weight of the manufacturer's covered electronic devices sold in the state during the previous program year based on national sales data.

XIV.  "Printer" means desktop printers, multifunction printer copiers, and printer fax combinations taken out of service that are designed to reside on a work surface, and include various print technologies, including without limitation laser and LED (electrographic), ink jet, dot matrix, thermal, and digital sublimation, and "multi-function" or "all-in-one" devices that perform different tasks, including copying, scanning, faxing, and printing.  "Printer" does not include floor-standing printers, printers with an optional floor stand, point of sale (POS) receipt printers, household printers such as a calculator with printing capabilities or label makers, or nonstand-alone printers that are embedded into products that are not covered electronic products.

XV.  "Recycler" means a person who accepts electronic waste from covered entities and collectors for the purpose of recycling.  A person who takes products solely for reuse, refurbishment, or repair is not a recycler.

XVI.  "Recycling" means the process of collecting and preparing electronic wastes for use in manufacturing processes or for recovery of usable materials followed by delivery of such materials for use.  Recycling does not include destruction by incineration; waste-to-energy incineration, or other such processes; or land disposal.

XVII.  "Retailer" means a person who sells, rents, or leases covered electronic devices to a person in the state, through any means, including sales outlets, catalogs, the telephone, the Internet, or any electronic means.

XVIII.  "Sell" or "sale" means any transfer for consideration of title or of the right to use by lease or sales contract of a covered electronic device to a person in the state.  "Sell" or "sale" does not include the sale, resale, lease, or transfer of used covered electronic devices or a manufacturer's or a distributor's wholesale transaction with a distributor or a retailer.

XIX.  "Television" means any telecommunications system or device containing a cathode ray tube or other type of display system with a viewable area of greater than 4 inches when measured diagonally that can broadcast or receive moving pictures and sound over a distance and includes a television tuner or a display device peripheral to a computer that contains a television tuner.

XX.  "Transporter" means a person that moves electronic waste from a collector to a recycler.

149-M:62  Standard Electronic Waste Recycling Plan.

I.  Beginning January 1, 2019, the commissioner shall adopt a plan for the collection and recycling of all electronic waste in the state.  In developing the plan, the commissioner shall evaluate existing electronic waste collection opportunities and services in each county to determine whether such opportunities and services are adequate.  In making an adequacy determination, the commissioner shall consider the geography, population, and population density of each county.  If, after completion of an adequacy review, the commissioner determines that the collection opportunities in a county are:

(a)  Inadequate, the commissioner may require additional collection activities in that county.  Additional collection activities may include additional collection facilities, collection events, or other collection activities identified by the commissioner as necessary to achieve the statewide recycling goal.  If the commissioner requires additional collection activities, the commissioner shall consider, as one of the criteria reviewed in selecting additional collection activities, the cost effectiveness of the additional collection activities in achieving the objective of convenient service.

(b)  Adequate, and that additional collection opportunities are not required.

II.  The standard plan shall:

(a)  Site at least 3 permanent facilities in each county for the collection of electronic waste from covered entities, unless the commissioner determines that existing or proposed collection opportunities are not required, but in no case shall the commissioner reduce the number of permanent facilities below one.

(b)  Site at least one permanent facility in each city or town with a population of 10,000 or greater for the collection of electronic waste from covered entities.

(c)  Require electronic waste collection facilities to accept electronic waste at no cost to covered entities.

(d)  Ensure that each recycler used in implementing the plan complies with the recycling standards established under rules adopted by the commissioner.

(e)  Ensure that during plan implementation a public information and outreach effort takes place to inform consumers about how to recycle their electronic waste at the end of the product's life.

(f)  Require electronic waste collection facilities to be staffed, open on an ongoing basis, and open to the public at a frequency needed to meet the needs of the area being served.

(g)  Prohibit a collection facility from refusing to accept electronic waste delivered to the facility for recycling from a covered entity.

III.  The commissioner shall annually review and analyze the standard plan to determine if implementation of the standard plan achieves the statewide recycling goal set forth under RSA 149-M:65.  The commissioner may modify the plan based upon the results of that review.

IV.  The commissioner shall revise and adopt the standard plan every 5 years.

V.  Prior to the approval or modification of the standard plan, the department shall make the proposed standard plan available for public review and comment for at least 30 days.  The department shall consult with interested persons, including manufacturers, recyclers, collectors, retailers, solid waste districts, and environmental groups.

VI.  A collector, transporter, or recycler not included in a plan approved under this section or under a plan approved under RSA 149-M shall not be subject to the requirements of this section or RSA 149-M:63.

149-M:63  Sale of Covered Electronic Devices; Manufacturer Registration.

I.  Beginning July 1, 2018, no manufacturer shall sell or offer for sale or deliver to a retailer for subsequent sale a covered electronic device unless:

(a)  The manufacturer has filed the registration required by this section;

(b)(1)  Beginning July 1, 2018, and annually thereafter, the manufacturer has paid the fee required by paragraph VI; and

(2)  Beginning July 1, 2019, and annually thereafter, if the manufacturer is covered under the standard plan, the manufacturer has paid the fee required by paragraph VIII.

(c)  The covered electronic device is labeled with the manufacturer's brand or registered trademark and the label or trademark is permanently affixed and readily visible.

II.(a)  The manufacturer shall file a registration form with the department.  The department shall provide the registration form to a manufacturer.  The registration form shall include:

(1)  A list of the manufacturer's brands of covered electronic devices offered for sale by the manufacturer in this state;

(2)  The name, address, and contact information of a person responsible for ensuring the manufacturer's compliance with this chapter;

(3)  Beginning July 1, 2019 and annually thereafter, a certification that the manufacturer is seeking coverage under the standard plan set forth under paragraph I or, under a plan approved under RSA 149-M:64, is opting out of the standard plan; and

(4)  An estimate of the aggregate total weight of the manufacturer's covered electronic devices sold during the previous program year based on national sales data.  A manufacturer shall submit with the report required under this section a description of how the estimate was calculated.  The data submitted under this subdivision shall be considered a trade secret.

(b)  A manufacturer may renew a registration without changes by notifying the department on a form provided by the department.

III.  A manufacturer who begins to sell or offer for sale covered electronic devices and has not filed a registration under this section or RSA 149-M:64 shall submit a registration to the department within 10 days of beginning to sell or offer for sale covered electronic devices.

IV.  A registration shall be amended within 10 days after a change to any information included in the registration submitted by the manufacturer under this section.

V.  A registration is effective upon receipt by the department of a complete registration form and payment of fees required by this section.  Registration under this subdivision shall be renewed annually.

VI.  The department shall notify the manufacturer of any required information that is omitted from the registration.  Upon receipt of a notification from the department, the manufacturer shall submit a revised registration providing the information noted by the department.

VII.(a)  Each manufacturer of a covered electronic device registered under this section shall pay to the department a fee:

(1)  For the program year beginning July 1, 2018, for manufacturers who sell in New Hampshire no more than 100 covered electronic devices, the fee shall be $1,250 and for all other manufacturers, the fee shall be $5,000.

(2)  For the program year beginning July 1, 2019 and annually thereafter, the fee shall be determined by multiplying the manufacturer's market share by the cost to the department of administering the electronic waste collection program under this subdivision.

(b)  The fees collected under this paragraph shall be deposited into the electronic waste collection and recycling fund.

VIII.(a)  Starting July 1, 2019, each manufacturer that seeks coverage under the standard plan shall pay to the department an implementation fee that shall be assessed on a quarterly basis and that shall be determined by multiplying the manufacturer's market share by the prior quarter's cost of implementing the electronic waste collection and recycling program adopted under the standard plan.  For purposes of this section, the electronic waste and recycling program includes collection, transportation, recycling, and the reasonable cost of contract administration.

(b)  The fee collected under this paragraph shall be deposited into the electronic waste collection and recycling fund.

(c)  For purposes of reimbursing the solid waste management account in full for all funds transferred to the electronic waste collection and recycling fund for implementation of the electronic waste collection and recycling program, the department, under subparagraph (a), may assess against a manufacturer registered and operating under the standard plan set forth in RSA 149-M:62 a charge in addition to the manufacturer's prorated share of the costs of implementing the electronic waste collection and recycling program.

(d)  At the end of each program year, the commissioner shall review the total costs of collection and recycling for the program year and shall reapportion the implementation fee assessed under this section to accurately reflect the actual cost of the program and the manufacturer's market share of covered electronic devices sold in the state during the program year.

(e)  A manufacturer who sells less than 20 covered electronic devices in New Hampshire in a program year is exempt from the requirements of this section.

149-M:64  Manufacturer Opt-Out; Individual Plan.

I.  A manufacturer or group of manufacturers may elect not to seek coverage under the standard plan established under RSA 149-M:62, provided that the manufacturer or group of manufacturers complies with the requirements of RSA 149-M:63, I(a) through RSA 149-M:63, I(c) and submits an individual plan to the department for approval that;

(a)  Provides for each county the number of collection methods identified in the standard plan under RSA 149-M:62.

(b)  Describes the collection, transportation, and recycling systems and service providers used, including a description of how the authority or authorized party will:

(1)  Seek to use businesses within the state, including retailers, charities, processors, and collection and transportation services, to fulfill its program goal under this section;

(2)  Fairly compensate collectors for providing collection services; and

(3)  Fairly compensate recyclers for providing recycling services.

(c)  Describes how the plan will provide service to covered entities.

(d)  Describes the processes and methods used to recycle electronic waste, including a description of the processing that will be used and the facility location.

(e)  Documents the audits of each recycler used in the plan and compliance with recycling standards established under RSA 149-M.

(f)  Describes the accounting and reporting systems that will be employed to track progress toward the plan's equivalent share.

(g)  Includes a timeline describing start-up, implementation, and progress toward milestones with anticipated results.

(h)  Includes a public information campaign to inform consumers about how to recycle their electronic waste at the end of the product's life.

II.  An individual plan submitted under this section shall be implemented to ensure satisfaction of the manufacturer's electronic waste program goal.  The electronic waste recycling program goal for a manufacturer that submits a plan under this section shall be the product of the relevant statewide recycling goal set forth in RSA 149-M:65, I multiplied by the manufacturer's market share of covered electronic devices.  A manufacturer that submits a plan under this section may only count electronic waste received from covered entities toward the program goal set forth in this section.

III.  A manufacturer that submits a plan under this section or a collector operating on behalf of a manufacturer that submits a plan under this section shall not charge a fee to covered entities for the collection, transportation, or recycling of electronic waste.

IV.  Prior to approval of a plan under this section, the department shall make the manufacturer's proposed plan available for public review and comment for at least 30 days.

V.  If a manufacturer that submits a plan under this section is required to implement a collection facility, the collection facility shall be staffed, open on an ongoing basis, and open to the public at a frequency approved by the commissioner in order to meet the needs of the area being served.  A collection facility implemented under this section shall be prohibited from refusing or rejecting acceptance of electronic waste delivered to the facility for recycling.

VI.  Beginning August 1, 2020, a manufacturer that submits a plan under this section shall report by August 1, and annually thereafter, to the department the following:

(a)  The type of electronic waste collected;

(b)  The aggregate total weight of electronic waste the manufacturer recycled by type during the preceding program year;

(c)  A list of recyclers utilized by the manufacturer;

(d)  A description of the processes and methods used to recycle the electronic waste; and

(e)  A summary of the educational and outreach activities undertaken by the manufacturer.

VII.(a)  A manufacturer that submits a plan under this subdivision shall be assessed a surcharge if the lesser of the following occurs:

(1)  The manufacturer accepts less than the program goal set forth in paragraph II; or

(2)  The manufacturer accepts less than its market share portion of the total of electronic waste collected in the state.

(b)  The surcharge shall be calculated by multiplying the average per pound of cost to the department for the current fiscal year to implement the standard plan plus 20 percent by the number of additional pounds of electronic waste that should have been accepted by the manufacturer.  The surcharges collected under this section shall be deposited into the electronic waste collection and recycling fund and used to offset the costs of program implementation.

VIII.  A plan submitted under this section shall not be approved until the commissioner determines that the plan will provide a functionally equivalent level of electronic waste collection and recycling as the standard plan and that all the requirements of this subdivision have been met.

IX.  An amendment to an individual plan approved under this subdivision shall not take effect until approved by the commissioner.

X.  At the completion of any fiscal year, a manufacturer approved under this subdivision may seek coverage under the standard plan adopted under RSA 149-M:62.

149-M:65  Statewide Recycling Goal.

I.(a)  For the fiscal year of July 1, 2019, to June 30, 2020, the statewide recycling goal for electronic waste shall be the product of the United States Census Bureau's 2010 population estimate for the state multiplied by 5.5 pounds.

(b)  For the fiscal year of July 1, 2020, to June 30, 2021, the statewide recycling goal for electronic waste shall be the product of the United States Census Bureau's 2010 population estimate for the state multiplied by 6.0 pounds.

(c)  For the fiscal year of July 1, 2021, to June 30, 2022, and annually thereafter, the statewide recycling goal for all electronic waste shall be the product of the base weight multiplied by the goal attainment percentage.

II.  For purposes of this section, "base weight" means the average weight of all electronic waste reported as collected under this chapter during the previous 2 fiscal years.

III.  For purposes of this section, "goal attainment percentage" means, for each type of product:

(a)  90 percent if the base weight is less than 90 percent of the statewide recycling goal for the previous calendar year;

(b)  95 percent if the base weight is 90 percent or greater, but not more than 95 percent of the statewide recycling goal for the previous calendar year;

(c)  100 percent if the base weight is 95 percent or greater, but not more than 105 percent of the statewide recycling goal for the previous calendar year;

(d)  105 percent if the base weight is 105 percent or greater, but not more than 110 percent of the statewide recycling goal for the previous calendar year; or

(e)  110 percent if the base weight is 110 percent or greater of the statewide recycling goal.

149-M:66  Retailer Obligations.

I.  Beginning July 1, 2018, no retailer shall sell or offer for sale a covered electronic device unless the covered electronic device is labeled by the manufacturer as required by RSA 149-M:63, I(c), and the retailer has reviewed the website required in RSA 149-M:69, IV to determine that the labeled manufacturers of all new covered electronic devices that the retailer is offering for sale are registered with the department.

II.  A retailer shall not be responsible for an unlawful sale under this subdivision if the manufacturer was not registered or the manufacturer's registration expired or was revoked if the retailer took possession of the covered electronic device prior to July 1, 2018 or prior to the expiration or revocation of the manufacturer's registration, and the unlawful sale occurred within 6 months after the expiration or revocation.

III.  Beginning July 1, 2019, a retailer who sells new covered electronic devices shall provide information to customers describing where and how they may recycle electronic waste and advising them of opportunities and locations for the convenient collection of electronic waste for the purpose of recycling.  This requirement may be met by the posting of signs provided under the standard plan or a plan approved under RSA 149-M:64 that includes a warning that electronic waste shall not be disposed of in a solid waste facility and that provides a toll-free number or website address regarding proper disposal of covered electronic devices.

149-M:67  Recycler Program Responsibility.

I.(a)  Beginning July 1, 2019, no person may recycle electronic waste at a facility located within the state unless that person has submitted a registration with the department on a form prescribed by the department.  A registration is effective upon receipt by the department and is valid for a period not to exceed 5 years.  An electronics recycling facility registered under this section is not required to obtain a solid waste permit pursuant to RSA 149-M:9.  Registration information shall include the name, address, telephone number, and location of all recycling facilities under the direct control of the recycler that may receive electronic waste.

(b)  A registration shall be amended within 10 days after a change to any information included in the registration submitted by the recycler under this section.

II.  Beginning August 1, 2020, a recycler of electronic waste shall report annually by August 1 to the department on a form provided by the department:  the type of electronic waste collected; the total weight of electronic waste recycled during the preceding program year; and whether electronic waste was collected under the standard or an approved individual plan.  In the annual report, the recycler shall certify that the recycler has complied with the electronic management guidelines developed under RSA 149-M:69, I(d).

149-M:68  Collector and Transporter Program Responsibility.

I.(a)  Beginning July 1, 2019, no person may operate as a collector or transporter of electronic waste unless that person has submitted a registration with the department on a form prescribed by the department.  A registration is effective upon receipt by the department and is valid for a period not to exceed 5 years.  An electronics collector or transporter registered under this section shall not be required to obtain a solid waste permit under RSA 149-M:9.

(b)  A registration shall be amended within 10 days after a change to any information included in the registration submitted by the collector under this section.

(c)  Beginning August 1, 2020, a collector of electronic waste shall report annually by August 1 to the department on a form provided by the department; the type of electronic waste collected; the total weight of electronic waste recycled during the preceding program year; and whether electronic waste was collected under the standard or an approved individual plan.

II.  Beginning August 1, 2020, a transporter of electronic waste not destined for recycling in New Hampshire shall report annually by August 1 to the department the total pounds of electronic waste collected and whether electronic waste was collected under the standard or an approved individual plan.

149-M:69  Rulemaking  The commissioner shall:

I.  Adopt rules under RSA 541-A relative to:

(a)  Adoption and administration of the standard plan required under RSA 149-M:62.

(b)  Procedures for:

(1)  The registration and certifications required under this chapter; and

(2)  Making the registrations and certifications required under this

chapter easily available to manufacturers, retailers, and members of the public.

(c)  The collection of the data submitted under this chapter.

II.  Annually review data submitted under this chapter to determine whether any of the variables in the statewide recycling goal should be changed.  The commissioner shall submit recommended changes to the general court.

III.  Beginning February 15, 2020, annually report to the senate and house committees with jurisdiction over environmental issues, the house committee on ways and means, and the senate committee on finance regarding the implementation of this chapter.  Prior to submitting this report, the commissioner shall share it with interested persons.  For each fiscal year, the report shall provide the total weight of electronic waste recycled.  The report shall also summarize the various collection programs used to collect electronic waste; information regarding electronic waste that is being collected by persons outside a plan approved under this chapter; and information about electronic waste, if any, being disposed of in landfills in this state.  The report shall include an accounting of the cost of the program, the governor's estimated budget for the program for the next relevant fiscal year, and a summary of the funding sources for the program.  The commissioner may include in its report other information regarding the implementation of this subdivision and may recommend additional incentives to increase the rate of recycling.

IV.  Maintain a website that includes the names of manufacturers with current, valid registrations and the manufacturers' brands listed in registrations filed with the agency.  The department shall update the website information within 10 days of receipt of a complete registration.

V.  Identifying approved transporters, collectors, and recyclers.

VI.  Guidelines for the environmentally sound management of consumer electronics, including specific requirements for collectors, transporters, and recyclers.

149-M:70  Administration of Electronic Waste Recycling Program.

I.  The commissioner may contract for implementation and administration of the standard plan required under RSA 149-M:62 and, in so doing, shall comply with the department of administrative services current contracting procedures.

II.  In contracting for implementation and administration of the standard plan, the commissioner shall review the costs incurred by similar electronic waste collection and recycling programs in other states.  The commissioner in his or her discretion may reopen the standard plan if bids received in response to a request for proposal exceed the average cost of collection and recycling incurred by similar electronic waste collection and recycling programs in other states.

149-M:71  Other Recycling Programs.  A municipality or other public agency may not require covered entities to use public facilities to recycle their electronic waste to the exclusion of other lawful programs available.  Municipalities and other public agencies are encouraged to work with manufacturers to assist them in meeting their recycling obligations under this subdivision.  Nothing in this subdivision prohibits or restricts the operation of any program recycling electronic waste in addition to those provided by manufacturers or prohibits or restricts any persons from receiving, collecting, transporting, or recycling electronic waste, provided that those persons are registered as required under this subdivision.

149-M:72  Electronic Waste Collection and Recycling Fund.  There is hereby established in the office of the state treasurer a fund known as the electronic waste collection and recycling fund, which shall be kept distinct and separate from all other funds.  The treasurer shall deposit all fees collected under RSA 149-M:63 and RSA 149-M:64 in such fund.  All moneys in the fund shall be nonlapsing and continually appropriated to the department for the purpose of administering the electronic waste recycling program.

2  New Subparagraph; Electronic Waste Collection and Recycling Fund.  Amend RSA 6:12, I(b) by inserting after subparagraph (333) the following new subparagraph:

(334)  The electronic waste collection and recycling fund established in RSA 149-M:72.

3  Effective Date.  This act shall take effect July 1, 2017.

 

LBAO

17-0577

1/12/17

 

HB 547-FN- FISCAL NOTE

as introduced

 

AN ACT relative to the recycling and disposal of electronic waste.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [ X ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2018

FY 2019

FY 2020

FY 2021

   Appropriation

$0

$0

$0

$0

   Revenue

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [    ] General            [    ] Education            [    ] Highway           [ X ] Other

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

   Expenditures

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

 

METHODOLOGY:

This bill establishes a statewide program to recycle and dispose of electronic waste generated by households, charities, school districts, and businesses with 10 or fewer employees, at no cost to those entities.  The program will be administered by the Department of Environmental Services which must adopt a plan (standard plan) for collecting and recycling all electronic waste in the State.  The bill includes a requirement to site at least one permanent collection facility in each county and at least one permanent collection facility in each municipality with a population of 10,000 or more.  The Department may contract for the implementation and administration of the standard plan.  

 

This bill establishes the Electronic Waste Collection and Recycling Fund which is nonlapsing and continually appropriated to the Department of Environmental Services.  Funding for the program is deposited into the Fund and comes from manufacturers that sell electronic devices in the State.  For FY 2018, manufacturers selling less than 100 covered electronic devices shall pay a fee of $1,250 and all other manufacturers shall pay a fee of $5,000.  For FY 2019, fees assessed on manufacturers will be apportioned based on their market share and calculated on the basis of the Department's cost of running the program.  Manufacturers selling fewer than 20 covered electronic devices will be exempt from paying fees.  Under certain circumstances, manufacturer may be assessed an additional surcharge.    

 

The Department of Environmental Services states that state restricted revenue will increase by an indeterminable amount due to the collection of fees from manufacturers.  State expenditures will increase by a similar amount due to the added costs of administering the new program.  Some local governments that operate solid waste transfer stations currently receive e-waste from residents for a fee.  That revenue and related expenditures will likely decrease by indeterminable amounts when no-cost disposal options become available.  The Department states that counties will not be impacted because they do not currently receive revenue from the disposal of e-waste and counties are not identified as an entity in the bill that will benefit from the no-cost disposal system.  

 

AGENCIES CONTACTED:

Department of Environmental Services

 

 

HB 547-FN - AS INTRODUCED

 

 

2017 SESSION

17-0577

08/03

 

HOUSE BILL 547-FN

 

AN ACT relative to the recycling and disposal of electronic waste.

 

SPONSORS: Rep. Bixby, Straf. 17

 

COMMITTEE: Science, Technology and Energy

 

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ANALYSIS

 

This bill:

 

I.  Establishes a program to recycle and dispose of electronic waste.

 

II.  Requires manufacturers of certain electronic devices to register with the department of environmental services.

 

III.  Establishes the electronic waste collection and recycling fund.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0577

08/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to the recycling and disposal of electronic waste.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Subdivision; Electronic Device Recycling.  Amend RSA 149-M by inserting after section 60, the following new subdivision:

Electronic Device Recycling

149-M:61  Definitions.  In this subdivision:

I.  "Cathode-ray tube" means a vacuum tube or picture tube used to convert an electronic signal into a visual image.

II.  "Collection" means the aggregation of electronic waste from covered entities and includes all the activities up to the time the electronic waste is delivered to a recycler.

III.  "Collector" means a public or private entity that receives covered electronic devices from covered entities and arranges for the delivery of the devices to a recycler.

IV.  "Commissioner" means the commissioner of the department of environmental services.

V.  "Computer" means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions, including a laptop computer, desktop computer, and central processing unit.  "Computer" does not include an automated typewriter or typesetter or other similar device.

VI.  "Computer monitor" means a display device without a tuner that can display pictures and sound and is used with a computer.

VII.  "Computer peripheral" means a keyboard or any other device sold exclusively for external use with a computer that provides input or output into or from a computer.

VIII.  "Covered electronic device" means a: computer; computer monitor; device containing a cathode ray tube; printer; or television offered for sale or sold to a covered entity.  "Covered electronic device" does not include: any motor vehicle or any part thereof; a camera or video camera; a portable or stationary radio; a wireless telephone; a household appliance, such as a clothes washer, clothes dryer, water heater, refrigerator, freezer, microwave oven, oven, range, or dishwasher; equipment that is functionally or physically part of a larger piece of equipment intended for use in an industrial, research and development, or commercial setting; security or anti-terrorism equipment; monitoring and control instruments or systems; thermostats; hand-held transceivers; a telephone of any type; a portable digital assistant or similar device; a calculator; a global positioning system receiver or similar navigation device; commercial medical equipment that contains a cathode ray tube, a cathode ray tube device, a flat panel display, or similar video display that is not separate from the larger piece of equipment; or other medical devices, as the term "device" is defined under 21 U.S.C. section 321(h).

IX.  "Covered entity" means any household, charity, or school district in the state; or a business in the state that employs 10 or fewer individuals.

X.  "Department" means the department of environmental services.

XI.  "Electronic waste" means a covered electronic device which is to be disposed of.

XII.  "Manufacturer" means a person who:

(a)  Manufactures or manufactured a covered electronic device under its own brand or label for sale in the state;

(b)  Sells in the state under its own brand or label covered electronic devices produced by another supplier;

(c)  Owns a brand that it licenses or licensed to another person for use on a covered electronic device sold in the state;

(d)  Imports into the United States for sale in the state a covered electronic device manufactured by a person without a presence in the United States:

(e)  Manufactures covered electronic devices for sale in the state without affixing a brand name; or

(f)  Assumes the responsibilities, obligations, and liabilities of a manufacturer as defined under subparagraphs (a) through (e), provided that the commissioner may enforce the requirements of this subdivision against a manufacturer if a person who assumes the manufacturer's responsibilities fails to comply with the requirements of this subdivision.

XIII.  "Market share" means the manufacturer's percentage share of the total weight of covered electronic devices sold in the state as determined by the best available information, which may include an estimate of the aggregate total weight of the manufacturer's covered electronic devices sold in the state during the previous program year based on national sales data.

XIV.  "Printer" means desktop printers, multifunction printer copiers, and printer fax combinations taken out of service that are designed to reside on a work surface, and include various print technologies, including without limitation laser and LED (electrographic), ink jet, dot matrix, thermal, and digital sublimation, and "multi-function" or "all-in-one" devices that perform different tasks, including copying, scanning, faxing, and printing.  "Printer" does not include floor-standing printers, printers with an optional floor stand, point of sale (POS) receipt printers, household printers such as a calculator with printing capabilities or label makers, or nonstand-alone printers that are embedded into products that are not covered electronic products.

XV.  "Recycler" means a person who accepts electronic waste from covered entities and collectors for the purpose of recycling.  A person who takes products solely for reuse, refurbishment, or repair is not a recycler.

XVI.  "Recycling" means the process of collecting and preparing electronic wastes for use in manufacturing processes or for recovery of usable materials followed by delivery of such materials for use.  Recycling does not include destruction by incineration; waste-to-energy incineration, or other such processes; or land disposal.

XVII.  "Retailer" means a person who sells, rents, or leases covered electronic devices to a person in the state, through any means, including sales outlets, catalogs, the telephone, the Internet, or any electronic means.

XVIII.  "Sell" or "sale" means any transfer for consideration of title or of the right to use by lease or sales contract of a covered electronic device to a person in the state.  "Sell" or "sale" does not include the sale, resale, lease, or transfer of used covered electronic devices or a manufacturer's or a distributor's wholesale transaction with a distributor or a retailer.

XIX.  "Television" means any telecommunications system or device containing a cathode ray tube or other type of display system with a viewable area of greater than 4 inches when measured diagonally that can broadcast or receive moving pictures and sound over a distance and includes a television tuner or a display device peripheral to a computer that contains a television tuner.

XX.  "Transporter" means a person that moves electronic waste from a collector to a recycler.

149-M:62  Standard Electronic Waste Recycling Plan.

I.  Beginning January 1, 2019, the commissioner shall adopt a plan for the collection and recycling of all electronic waste in the state.  In developing the plan, the commissioner shall evaluate existing electronic waste collection opportunities and services in each county to determine whether such opportunities and services are adequate.  In making an adequacy determination, the commissioner shall consider the geography, population, and population density of each county.  If, after completion of an adequacy review, the commissioner determines that the collection opportunities in a county are:

(a)  Inadequate, the commissioner may require additional collection activities in that county.  Additional collection activities may include additional collection facilities, collection events, or other collection activities identified by the commissioner as necessary to achieve the statewide recycling goal.  If the commissioner requires additional collection activities, the commissioner shall consider, as one of the criteria reviewed in selecting additional collection activities, the cost effectiveness of the additional collection activities in achieving the objective of convenient service.

(b)  Adequate, and that additional collection opportunities are not required.

II.  The standard plan shall:

(a)  Site at least 3 permanent facilities in each county for the collection of electronic waste from covered entities, unless the commissioner determines that existing or proposed collection opportunities are not required, but in no case shall the commissioner reduce the number of permanent facilities below one.

(b)  Site at least one permanent facility in each city or town with a population of 10,000 or greater for the collection of electronic waste from covered entities.

(c)  Require electronic waste collection facilities to accept electronic waste at no cost to covered entities.

(d)  Ensure that each recycler used in implementing the plan complies with the recycling standards established under rules adopted by the commissioner.

(e)  Ensure that during plan implementation a public information and outreach effort takes place to inform consumers about how to recycle their electronic waste at the end of the product's life.

(f)  Require electronic waste collection facilities to be staffed, open on an ongoing basis, and open to the public at a frequency needed to meet the needs of the area being served.

(g)  Prohibit a collection facility from refusing to accept electronic waste delivered to the facility for recycling from a covered entity.

III.  The commissioner shall annually review and analyze the standard plan to determine if implementation of the standard plan achieves the statewide recycling goal set forth under RSA 149-M:65.  The commissioner may modify the plan based upon the results of that review.

IV.  The commissioner shall revise and adopt the standard plan every 5 years.

V.  Prior to the approval or modification of the standard plan, the department shall make the proposed standard plan available for public review and comment for at least 30 days.  The department shall consult with interested persons, including manufacturers, recyclers, collectors, retailers, solid waste districts, and environmental groups.

VI.  A collector, transporter, or recycler not included in a plan approved under this section or under a plan approved under RSA 149-M shall not be subject to the requirements of this section or RSA 149-M:63.

149-M:63  Sale of Covered Electronic Devices; Manufacturer Registration.

I.  Beginning July 1, 2018, no manufacturer shall sell or offer for sale or deliver to a retailer for subsequent sale a covered electronic device unless:

(a)  The manufacturer has filed the registration required by this section;

(b)(1)  Beginning July 1, 2018, and annually thereafter, the manufacturer has paid the fee required by paragraph VI; and

(2)  Beginning July 1, 2019, and annually thereafter, if the manufacturer is covered under the standard plan, the manufacturer has paid the fee required by paragraph VIII.

(c)  The covered electronic device is labeled with the manufacturer's brand or registered trademark and the label or trademark is permanently affixed and readily visible.

II.(a)  The manufacturer shall file a registration form with the department.  The department shall provide the registration form to a manufacturer.  The registration form shall include:

(1)  A list of the manufacturer's brands of covered electronic devices offered for sale by the manufacturer in this state;

(2)  The name, address, and contact information of a person responsible for ensuring the manufacturer's compliance with this chapter;

(3)  Beginning July 1, 2019 and annually thereafter, a certification that the manufacturer is seeking coverage under the standard plan set forth under paragraph I or, under a plan approved under RSA 149-M:64, is opting out of the standard plan; and

(4)  An estimate of the aggregate total weight of the manufacturer's covered electronic devices sold during the previous program year based on national sales data.  A manufacturer shall submit with the report required under this section a description of how the estimate was calculated.  The data submitted under this subdivision shall be considered a trade secret.

(b)  A manufacturer may renew a registration without changes by notifying the department on a form provided by the department.

III.  A manufacturer who begins to sell or offer for sale covered electronic devices and has not filed a registration under this section or RSA 149-M:64 shall submit a registration to the department within 10 days of beginning to sell or offer for sale covered electronic devices.

IV.  A registration shall be amended within 10 days after a change to any information included in the registration submitted by the manufacturer under this section.

V.  A registration is effective upon receipt by the department of a complete registration form and payment of fees required by this section.  Registration under this subdivision shall be renewed annually.

VI.  The department shall notify the manufacturer of any required information that is omitted from the registration.  Upon receipt of a notification from the department, the manufacturer shall submit a revised registration providing the information noted by the department.

VII.(a)  Each manufacturer of a covered electronic device registered under this section shall pay to the department a fee:

(1)  For the program year beginning July 1, 2018, for manufacturers who sell in New Hampshire no more than 100 covered electronic devices, the fee shall be $1,250 and for all other manufacturers, the fee shall be $5,000.

(2)  For the program year beginning July 1, 2019 and annually thereafter, the fee shall be determined by multiplying the manufacturer's market share by the cost to the department of administering the electronic waste collection program under this subdivision.

(b)  The fees collected under this paragraph shall be deposited into the electronic waste collection and recycling fund.

VIII.(a)  Starting July 1, 2019, each manufacturer that seeks coverage under the standard plan shall pay to the department an implementation fee that shall be assessed on a quarterly basis and that shall be determined by multiplying the manufacturer's market share by the prior quarter's cost of implementing the electronic waste collection and recycling program adopted under the standard plan.  For purposes of this section, the electronic waste and recycling program includes collection, transportation, recycling, and the reasonable cost of contract administration.

(b)  The fee collected under this paragraph shall be deposited into the electronic waste collection and recycling fund.

(c)  For purposes of reimbursing the solid waste management account in full for all funds transferred to the electronic waste collection and recycling fund for implementation of the electronic waste collection and recycling program, the department, under subparagraph (a), may assess against a manufacturer registered and operating under the standard plan set forth in RSA 149-M:62 a charge in addition to the manufacturer's prorated share of the costs of implementing the electronic waste collection and recycling program.

(d)  At the end of each program year, the commissioner shall review the total costs of collection and recycling for the program year and shall reapportion the implementation fee assessed under this section to accurately reflect the actual cost of the program and the manufacturer's market share of covered electronic devices sold in the state during the program year.

(e)  A manufacturer who sells less than 20 covered electronic devices in New Hampshire in a program year is exempt from the requirements of this section.

149-M:64  Manufacturer Opt-Out; Individual Plan.

I.  A manufacturer or group of manufacturers may elect not to seek coverage under the standard plan established under RSA 149-M:62, provided that the manufacturer or group of manufacturers complies with the requirements of RSA 149-M:63, I(a) through RSA 149-M:63, I(c) and submits an individual plan to the department for approval that;

(a)  Provides for each county the number of collection methods identified in the standard plan under RSA 149-M:62.

(b)  Describes the collection, transportation, and recycling systems and service providers used, including a description of how the authority or authorized party will:

(1)  Seek to use businesses within the state, including retailers, charities, processors, and collection and transportation services, to fulfill its program goal under this section;

(2)  Fairly compensate collectors for providing collection services; and

(3)  Fairly compensate recyclers for providing recycling services.

(c)  Describes how the plan will provide service to covered entities.

(d)  Describes the processes and methods used to recycle electronic waste, including a description of the processing that will be used and the facility location.

(e)  Documents the audits of each recycler used in the plan and compliance with recycling standards established under RSA 149-M.

(f)  Describes the accounting and reporting systems that will be employed to track progress toward the plan's equivalent share.

(g)  Includes a timeline describing start-up, implementation, and progress toward milestones with anticipated results.

(h)  Includes a public information campaign to inform consumers about how to recycle their electronic waste at the end of the product's life.

II.  An individual plan submitted under this section shall be implemented to ensure satisfaction of the manufacturer's electronic waste program goal.  The electronic waste recycling program goal for a manufacturer that submits a plan under this section shall be the product of the relevant statewide recycling goal set forth in RSA 149-M:65, I multiplied by the manufacturer's market share of covered electronic devices.  A manufacturer that submits a plan under this section may only count electronic waste received from covered entities toward the program goal set forth in this section.

III.  A manufacturer that submits a plan under this section or a collector operating on behalf of a manufacturer that submits a plan under this section shall not charge a fee to covered entities for the collection, transportation, or recycling of electronic waste.

IV.  Prior to approval of a plan under this section, the department shall make the manufacturer's proposed plan available for public review and comment for at least 30 days.

V.  If a manufacturer that submits a plan under this section is required to implement a collection facility, the collection facility shall be staffed, open on an ongoing basis, and open to the public at a frequency approved by the commissioner in order to meet the needs of the area being served.  A collection facility implemented under this section shall be prohibited from refusing or rejecting acceptance of electronic waste delivered to the facility for recycling.

VI.  Beginning August 1, 2020, a manufacturer that submits a plan under this section shall report by August 1, and annually thereafter, to the department the following:

(a)  The type of electronic waste collected;

(b)  The aggregate total weight of electronic waste the manufacturer recycled by type during the preceding program year;

(c)  A list of recyclers utilized by the manufacturer;

(d)  A description of the processes and methods used to recycle the electronic waste; and

(e)  A summary of the educational and outreach activities undertaken by the manufacturer.

VII.(a)  A manufacturer that submits a plan under this subdivision shall be assessed a surcharge if the lesser of the following occurs:

(1)  The manufacturer accepts less than the program goal set forth in paragraph II; or

(2)  The manufacturer accepts less than its market share portion of the total of electronic waste collected in the state.

(b)  The surcharge shall be calculated by multiplying the average per pound of cost to the department for the current fiscal year to implement the standard plan plus 20 percent by the number of additional pounds of electronic waste that should have been accepted by the manufacturer.  The surcharges collected under this section shall be deposited into the electronic waste collection and recycling fund and used to offset the costs of program implementation.

VIII.  A plan submitted under this section shall not be approved until the commissioner determines that the plan will provide a functionally equivalent level of electronic waste collection and recycling as the standard plan and that all the requirements of this subdivision have been met.

IX.  An amendment to an individual plan approved under this subdivision shall not take effect until approved by the commissioner.

X.  At the completion of any fiscal year, a manufacturer approved under this subdivision may seek coverage under the standard plan adopted under RSA 149-M:62.

149-M:65  Statewide Recycling Goal.

I.(a)  For the fiscal year of July 1, 2019, to June 30, 2020, the statewide recycling goal for electronic waste shall be the product of the United States Census Bureau's 2010 population estimate for the state multiplied by 5.5 pounds.

(b)  For the fiscal year of July 1, 2020, to June 30, 2021, the statewide recycling goal for electronic waste shall be the product of the United States Census Bureau's 2010 population estimate for the state multiplied by 6.0 pounds.

(c)  For the fiscal year of July 1, 2021, to June 30, 2022, and annually thereafter, the statewide recycling goal for all electronic waste shall be the product of the base weight multiplied by the goal attainment percentage.

II.  For purposes of this section, "base weight" means the average weight of all electronic waste reported as collected under this chapter during the previous 2 fiscal years.

III.  For purposes of this section, "goal attainment percentage" means, for each type of product:

(a)  90 percent if the base weight is less than 90 percent of the statewide recycling goal for the previous calendar year;

(b)  95 percent if the base weight is 90 percent or greater, but not more than 95 percent of the statewide recycling goal for the previous calendar year;

(c)  100 percent if the base weight is 95 percent or greater, but not more than 105 percent of the statewide recycling goal for the previous calendar year;

(d)  105 percent if the base weight is 105 percent or greater, but not more than 110 percent of the statewide recycling goal for the previous calendar year; or

(e)  110 percent if the base weight is 110 percent or greater of the statewide recycling goal.

149-M:66  Retailer Obligations.

I.  Beginning July 1, 2018, no retailer shall sell or offer for sale a covered electronic device unless the covered electronic device is labeled by the manufacturer as required by RSA 149-M:63, I(c), and the retailer has reviewed the website required in RSA 149-M:69, IV to determine that the labeled manufacturers of all new covered electronic devices that the retailer is offering for sale are registered with the department.

II.  A retailer shall not be responsible for an unlawful sale under this subdivision if the manufacturer was not registered or the manufacturer's registration expired or was revoked if the retailer took possession of the covered electronic device prior to July 1, 2018 or prior to the expiration or revocation of the manufacturer's registration, and the unlawful sale occurred within 6 months after the expiration or revocation.

III.  Beginning July 1, 2019, a retailer who sells new covered electronic devices shall provide information to customers describing where and how they may recycle electronic waste and advising them of opportunities and locations for the convenient collection of electronic waste for the purpose of recycling.  This requirement may be met by the posting of signs provided under the standard plan or a plan approved under RSA 149-M:64 that includes a warning that electronic waste shall not be disposed of in a solid waste facility and that provides a toll-free number or website address regarding proper disposal of covered electronic devices.

149-M:67  Recycler Program Responsibility.

I.(a)  Beginning July 1, 2019, no person may recycle electronic waste at a facility located within the state unless that person has submitted a registration with the department on a form prescribed by the department.  A registration is effective upon receipt by the department and is valid for a period not to exceed 5 years.  An electronics recycling facility registered under this section is not required to obtain a solid waste permit pursuant to RSA 149-M:9.  Registration information shall include the name, address, telephone number, and location of all recycling facilities under the direct control of the recycler that may receive electronic waste.

(b)  A registration shall be amended within 10 days after a change to any information included in the registration submitted by the recycler under this section.

II.  Beginning August 1, 2020, a recycler of electronic waste shall report annually by August 1 to the department on a form provided by the department:  the type of electronic waste collected; the total weight of electronic waste recycled during the preceding program year; and whether electronic waste was collected under the standard or an approved individual plan.  In the annual report, the recycler shall certify that the recycler has complied with the electronic management guidelines developed under RSA 149-M:69, I(d).

149-M:68  Collector and Transporter Program Responsibility.

I.(a)  Beginning July 1, 2019, no person may operate as a collector or transporter of electronic waste unless that person has submitted a registration with the department on a form prescribed by the department.  A registration is effective upon receipt by the department and is valid for a period not to exceed 5 years.  An electronics collector or transporter registered under this section shall not be required to obtain a solid waste permit under RSA 149-M:9.

(b)  A registration shall be amended within 10 days after a change to any information included in the registration submitted by the collector under this section.

(c)  Beginning August 1, 2020, a collector of electronic waste shall report annually by August 1 to the department on a form provided by the department; the type of electronic waste collected; the total weight of electronic waste recycled during the preceding program year; and whether electronic waste was collected under the standard or an approved individual plan.

II.  Beginning August 1, 2020, a transporter of electronic waste not destined for recycling in New Hampshire shall report annually by August 1 to the department the total pounds of electronic waste collected and whether electronic waste was collected under the standard or an approved individual plan.

149-M:69  Rulemaking  The commissioner shall:

I.  Adopt rules under RSA 541-A relative to:

(a)  Adoption and administration of the standard plan required under RSA 149-M:62.

(b)  Procedures for:

(1)  The registration and certifications required under this chapter; and

(2)  Making the registrations and certifications required under this

chapter easily available to manufacturers, retailers, and members of the public.

(c)  The collection of the data submitted under this chapter.

II.  Annually review data submitted under this chapter to determine whether any of the variables in the statewide recycling goal should be changed.  The commissioner shall submit recommended changes to the general court.

III.  Beginning February 15, 2020, annually report to the senate and house committees with jurisdiction over environmental issues, the house committee on ways and means, and the senate committee on finance regarding the implementation of this chapter.  Prior to submitting this report, the commissioner shall share it with interested persons.  For each fiscal year, the report shall provide the total weight of electronic waste recycled.  The report shall also summarize the various collection programs used to collect electronic waste; information regarding electronic waste that is being collected by persons outside a plan approved under this chapter; and information about electronic waste, if any, being disposed of in landfills in this state.  The report shall include an accounting of the cost of the program, the governor's estimated budget for the program for the next relevant fiscal year, and a summary of the funding sources for the program.  The commissioner may include in its report other information regarding the implementation of this subdivision and may recommend additional incentives to increase the rate of recycling.

IV.  Maintain a website that includes the names of manufacturers with current, valid registrations and the manufacturers' brands listed in registrations filed with the agency.  The department shall update the website information within 10 days of receipt of a complete registration.

V.  Identifying approved transporters, collectors, and recyclers.

VI.  Guidelines for the environmentally sound management of consumer electronics, including specific requirements for collectors, transporters, and recyclers.

149-M:70  Administration of Electronic Waste Recycling Program.

I.  The commissioner may contract for implementation and administration of the standard plan required under RSA 149-M:62 and, in so doing, shall comply with the department of administrative services current contracting procedures.

II.  In contracting for implementation and administration of the standard plan, the commissioner shall review the costs incurred by similar electronic waste collection and recycling programs in other states.  The commissioner in his or her discretion may reopen the standard plan if bids received in response to a request for proposal exceed the average cost of collection and recycling incurred by similar electronic waste collection and recycling programs in other states.

149-M:71  Other Recycling Programs.  A municipality or other public agency may not require covered entities to use public facilities to recycle their electronic waste to the exclusion of other lawful programs available.  Municipalities and other public agencies are encouraged to work with manufacturers to assist them in meeting their recycling obligations under this subdivision.  Nothing in this subdivision prohibits or restricts the operation of any program recycling electronic waste in addition to those provided by manufacturers or prohibits or restricts any persons from receiving, collecting, transporting, or recycling electronic waste, provided that those persons are registered as required under this subdivision.

149-M:72  Electronic Waste Collection and Recycling Fund.  There is hereby established in the office of the state treasurer a fund known as the electronic waste collection and recycling fund, which shall be kept distinct and separate from all other funds.  The treasurer shall deposit all fees collected under RSA 149-M:63 and RSA 149-M:64 in such fund.  All moneys in the fund shall be nonlapsing and continually appropriated to the department for the purpose of administering the electronic waste recycling program.

2  New Subparagraph; Electronic Waste Collection and Recycling Fund.  Amend RSA 6:12, I(b) by inserting after subparagraph (333) the following new subparagraph:

(334)  The electronic waste collection and recycling fund established in RSA 149-M:72.

3  Effective Date.  This act shall take effect July 1, 2017.

 

LBAO

17-0577

1/12/17

 

HB 547-FN- FISCAL NOTE

as introduced

 

AN ACT relative to the recycling and disposal of electronic waste.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [ X ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2018

FY 2019

FY 2020

FY 2021

   Appropriation

$0

$0

$0

$0

   Revenue

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [    ] General            [    ] Education            [    ] Highway           [ X ] Other

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

   Expenditures

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

 

METHODOLOGY:

This bill establishes a statewide program to recycle and dispose of electronic waste generated by households, charities, school districts, and businesses with 10 or fewer employees, at no cost to those entities.  The program will be administered by the Department of Environmental Services which must adopt a plan (standard plan) for collecting and recycling all electronic waste in the State.  The bill includes a requirement to site at least one permanent collection facility in each county and at least one permanent collection facility in each municipality with a population of 10,000 or more.  The Department may contract for the implementation and administration of the standard plan.  

 

This bill establishes the Electronic Waste Collection and Recycling Fund which is nonlapsing and continually appropriated to the Department of Environmental Services.  Funding for the program is deposited into the Fund and comes from manufacturers that sell electronic devices in the State.  For FY 2018, manufacturers selling less than 100 covered electronic devices shall pay a fee of $1,250 and all other manufacturers shall pay a fee of $5,000.  For FY 2019, fees assessed on manufacturers will be apportioned based on their market share and calculated on the basis of the Department's cost of running the program.  Manufacturers selling fewer than 20 covered electronic devices will be exempt from paying fees.  Under certain circumstances, manufacturer may be assessed an additional surcharge.    

 

The Department of Environmental Services states that state restricted revenue will increase by an indeterminable amount due to the collection of fees from manufacturers.  State expenditures will increase by a similar amount due to the added costs of administering the new program.  Some local governments that operate solid waste transfer stations currently receive e-waste from residents for a fee.  That revenue and related expenditures will likely decrease by indeterminable amounts when no-cost disposal options become available.  The Department states that counties will not be impacted because they do not currently receive revenue from the disposal of e-waste and counties are not identified as an entity in the bill that will benefit from the no-cost disposal system.  

 

AGENCIES CONTACTED:

Department of Environmental Services