Washington%20State:%20The%20Next%20to%20Legislate?

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Washington State's Electronics Recycling Law A
Producer Responsibility System

• Second International Workshop
• Shared Responsibility
• for the Disposal of Computers
• in Latin America and the Caribbean
• Brasilia, Brazil
• Lunes 26 de Junio de 2006

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U.S.A. National Negotiations Fail

• National Electronics Product Stewardship.
• Initiative (NEPSI) started in June 2001 with 48
  stakeholders representing
• 15 manufacturers
• 15 state, local federal government reps
• 18 others including recyclers, NGOs, retailers,
  etc.
• Final meeting February 2004.
• Manufacturers could not reach agreement.

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States Forced to Act

• State Legislation Introduced in 2004
• Of 14 substantive introduced measures
• 7 Producer Responsibility
• 3 Consumer fees
• 1 Shared responsibility
• 3 Advisory committees
• Several disposal bans

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2006 State Recycling Legislation
CANADA
(as of 04/01/06)
WA
MT
OR
ND
ME
ID
MN
VT
NH
SD
WI
NY
WY
MA
MI
CT
RI
NV
IA
NE
NJ
PA
UT
OH
IL
MD
CA
IN
DE
CO
WV
KS
MO
VA
KY
AZ
NC
OK
TN
NM
AR
HI
SC
GA
AL
MS
TX
LA
FL
MEXICO
Puerto Rico
Producer Responsibility Bill
ARF or 1st Seller Bill
Electronics/ComputerTask Force
Landfill ban
Recycling lawactivity in 2005
Recycling law adopted
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Fourth State to Pass Law

• California 2003
• Financed by fee on customers collected by
  retailers (advance recovery fee ARF)
• State administers program
• Payments made to processors and collectors
• Maine 2004
• Partial Producer Responsibility
• Local governments pay for collection
• Manufacturers pay for consolidation and
  processing
• Maryland 2005
• Manufacturers pay small fee to state
  (insufficient)
• Local governments provide program

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Washington State broke the ice on full producer
responsibility in the United States!
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This is Full Producer Responsibility

• Manufacturers fully responsible for financing
  ENTIRE system, not just some part.
• Local and state governments NOT stuck with costs.
  
• Local governments NOT forced to collect
  electronics.
• Puts responsibility where it matters with
  producers.

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Why Cost Internalization?

• Manufacturers finance the program.
• Recycling cost included in product price.
• Recycling is a cost of doing business.
• Prices should tell the truth.
• Recycling becomes a product feature.
• Incentive to decrease recycling costs in order to
  decrease product price.
• Impact on green design.

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Why Cost Internalization?

• Shifts cost from local government.
• Cost passed on to consumer (not taxpayer).
• Less state government bureaucracy.
• No additional paperwork for retailers.
• Eliminates consumer confusion
  about ARF.

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E-Waste Study

• 18 Month Study Process.
• Diverse Stakeholders Representing
• Manufacturers - Retailers
• Governments - Recyclers
• Haulers - Business Association
• Charities
• Environmental Groups

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E-Waste Study

• 2005 Washington Department of Ecology
  Recommendations for Producer Responsibility
  Approach to the Legislature
• Cost internalization relies on the private
  sector to do what it does best compete fairly
  in the open market to provide the best available
  products and services at the lowest possible
  cost.

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Legislation Proponents

• A group formed around a producer-pays system
• Hewlett Packard
• Retailers
• Goodwill (reuse charity)
• Environmental groups
• A number of local governments (advisory)
• Common Interests
• Stakeholder Interests
• Compromises

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Support From Many

• Many Diverse Interests Supported Bill
• Environmental community legislative priority
• Many small and rural governments
• School districts
• Religious and health organizations
• Amazon.com
• Haulers, recyclers, processors

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The Vote

• Democrats and Republicans Vote YES
• House yes 69, no - 29
• Senate yes 38, no 11
• Governor Christine Gregoire signed into law on
  March 24, 2006
• Vetoed section restricting export
• Strongly supports intent
• More work to be done to address that issue

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The Basics

• Product manufacturers provide free recycling
  services throughout the state at no charge to the
  product owner.
• No state tax or fee charged to the consumer at
  point of purchase or end of life.
• Covered products - computers, computer monitors,
  laptop computers and televisions.
• Implementation Date - January 1, 2009.

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Service Level

• Any household, charity, school district, small
  business, or small government located in
  Washington State.
• Minimum one collection point in every city with
  a population of 10,000 or more and at least one
  in every county.
• Collection, transportation and processing costs
  are covered for electronic products from
  households/small quantities.
• Processing costs are covered, at a minimum, for
  larger quantities from charities, school
  districts, small businesses and small
  governments.

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Manufacturer Responsibility

• Manufacturer Pays - Cost internalization.
• Manufacturer Registration All manufacturers
  must register annually and participate in an
  approved plan.
• Manufacturer Plans All manufacturers selling
  into the state must be members of the standard
  program or may participate in an approved
  independent plan.
• State Costs - Covered by manufacturer
  registration plan fees.

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The Standard Program

• Operated by the Materials Management and
  Financing Authority
• Quasi-governmental Third Party Organization
• Board appointed by Department of Ecology
• Cost of program shared among member manufacturers
• All new entrants must participate in standard
  plan

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Independent Programs

• Independent programs are allowed if approved by
  State.
• Must have minimum of 5 return share by brand
  (can be multiple manufacturers).
• Must have sold branded computers in State for
  minimum of 5 years, 10 years for TVs.
• Must meet same service and other requirements as
  Standard Program.

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Shared Responsibility

• Consumers will typically deliver equipment to
  collection sites.
• Retailers, local governments, recyclers, haulers,
  charities may voluntarily serve as collection
  sites.
• Manufacturers pay (including retailers for their
  own house brands).
• State government provides oversight
  enforcement.
• Shared education.

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Material Money Flow
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Other Highlights

• Reuse Encouraged - Programs working with
  non-profit reuse organizations get additional 5
  credit for poundage from those charities.
• Enforcement - Nonparticipating manufacturers
  cannot sell products in or into the state.

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Other Highlights

• No Disposal Ban - 43 population currently under
  local disposal bans and more coming.
• Labor - Prison labor can not be used to process
  collected products.
• Processing Standards required.

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Myth Busting

• Manufacturers will not just pay fines and do no
  program. If dont participate, they cant sell in
  state.
• Collectors will not have to sort by brand.
• There will not be lots of different programs by
  different manufacturers to confuse the public and
  frustrate collectors.
• Governments and retailers are not required to
  provide collection. Decision is voluntary.

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The Washington State Approach

• Puts businesses in drivers seat for business
  decisions.
• Uses incentives, competition and the market
  economy to drive system, not prescriptive
  targets.
• Addresses majority of stakeholder concerns.
• A fair, progressive approach that will
  get the job done!

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Whats Next?

• Pharmaceuticals
• Paint
• Mercury-containing devices
• Other electronics
• Batteries
• Cell phones
• Containers
• General Product Legislation

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Recommendations

• Only accept a complete system Collection,
  Transport and Processing!
• A Producer Responsibility Approach is best!
• Simplify it can be easier than Washington State
  approach!
• Learn from British Columbia, Canadas Stewardship
  Law!

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Exporting Harm

• Video by Basel Action Network
• Portrays Chinese recycling operations extremely
  harmful to human health and environment
• What is happening in your country?
• What is my country causing?

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Additional Information

• Sego Jackson, Snohomish County, Washington State
  U.S.A.
• sego.jackson_at_co.snohomish.wa.us, 425-388-6490
• WA State Department of Ecology E-waste
  information http//www.ecy.wa.gov/programs/swfa/ew
  aste/
• Washingtons Electronics Recycling Bill
• http//apps.leg.wa.gov/billinfo/summary.aspx?bill
  6428
• http//www.productstewardship.us/supportingdocs/W
  A_Electronics_Law.doc
• Northwest Product Stewardship Council
  http//www.productstewardship.net/
• Product Stewardship Institute
• http//www.productstewardship.us/
• Basel Action Network (Exporting Harm)
• http//www.ban.org
• Washington Citizens for Resource Conservation
  http//www.wastenotwashington.org

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