The New Washington State Electronic Product Recycling Law ESSB 6428

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The New Washington State Electronic Product
Recycling LawESSB 6428

• Product Stewardship Institute
• Information Conference Call
• March 21, 2006

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Background

• 2004 Legislative Direction to
  Washington Department of Ecology
• ESHB 2488
• develop recommendations for implementing and
  financing an electronic product collection,
  recycling, and reuse program.
• computer monitors, personal computers,
• and televisions

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Background
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Background
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Background
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Background

• Considered Financing Mechanisms
• End of Life Fee
• Advanced Recovery Fee (Point of Purchase Tax)
• Cost Internalization
• Considered Services
• Collection
• Transportation
• Processing

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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
• 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

• Cost Internalization - The program was designed
  to provide the best deal for the citizens of the
  state. Internalizes costs within product pricing
  structure of individual manufacturers.
• Manufacturer Registration All manufacturers
  must register annually and participate in an
  approved plan.
• Manufacturer Plans Manufacturers must be
  members of the standard program or may
  participate in an approved independent plan.
• New Entrants - manufacturers that are new
  entrants in the electronic products market must
  be members of the standard program.

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The Standard Program

• Operated by the Materials Management and
  Financing Authority
• Quasi-governmental Third Party Organization
• All manufacturers selling into the State must
  participate
• Board appointed by Department of Ecology
• Cost of program shared among member manufacturers

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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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Responsibilities of Each Program

• Sharing Responsibility - Manufacturer
  responsibility based on percentage of branded
  products returned in the prior year.
• Division of responsibility between Standard
  Program and independent programs based on
  equivalent share
• Return share based on annual sorts
• Applied to total pounds collected statewide
  each year
• Covers orphans

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Responsibilities of Each Program

• Orphans and Free Riders - Orphan and non-branded
  product responsibility is shared among
  participating manufacturers
• Encourages High Performance - Programs that
  recycle a greater portion of returned products
  than others will be compensated by the under
  performing programs.

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Creating a Competitive Playing Field

• Relies on Market Economy - Emphasizes competition
  between manufacturers puts our market based
  economy to work for the environment.
• All programs pay their own costs directly
• When one program out performs another
• State establishes a per pound value .50
• Percent responsibilities are translated into
  pounds actually collected for that year
• The program that under-collected pays State .50
  per each pound under-collected
• State keeps .05 and pays collector of surplus
  .45 for its surplus poundage

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Other Highlights

• Programs can buy, sell and trade poundage with
  each other prior to leveling process.
• Programs working with non-profit reuse
  organizations get additional 5 credit for
  poundage from those charities
• Nonparticipating manufacturers cannot sell
  products in or into the state
• Retailers that import directly or house
  brand are manufacturers by definition

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Other Highlights

• No Disposal Ban - 43 population currently under
  local disposal bans and more coming
• Processing Standards - required
• Exports Export standards are described and
  administrative rules related to export of
  products are required
• Labor - Prison labor can not be used to process
  collected products
• No Goals - The equivalent share method sets
  goals annually. Overall effectiveness measured
  by tracking equivalent share performance

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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
  and fines
• Addresses vast majority of stakeholder concerns
• A fair, progressive approach that will get
  the job done!

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Additional Information

• Northwest Product Stewardship Council
  http//www.productstewardship.net/
• Product Stewardship Institute
• http//www.productstewardship.us/
• WA State Department of Ecology
• http//www.ecy.wa.gov/programs/swfa/ewaste/
• Washingtons New Electronics Recycling Bill
• http//apps.leg.wa.gov/billinfo/summary.aspx?bill
  6428
• Jay Shepard, Washington Department of Ecology
• jshe461_at_ecy.wa.gov, 360 407-7040
• Sego Jackson, Snohomish County Solid Waste
  Management Division
• sego.jackson_at_co.snohomish.wa.us, 425-388-6490

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