State Electronics Recycling Trends

1. State Electronics Recycling Trends Waste Expo 2008 May 5, 2008 Jason Linnell

2. State Action: Where do we stand? Regional Models Overview States Results Timelines Overview

3. About Us • Non-profit 501c3 • Located in Parkersburg, WV area • Federal, State, Association Projects • Research, Collection Programs • NCER’s Mission: Dedicated to the development and enhancement of a national infrastructure for the recycling of used electronics in the U.S.

4. 12 programs with mandatory financing CA, ME, MD, MN, NC, NJ, NYC, OR, TX, VA, WA, WV (AR - often overlooked) soon HI, OK 125 million US residents or 41% of US population Disposal bans NH, RI, AR Where Do We Stand?

5. Financing Models SHARE RETURNS2 ARF - Electronic Waste Recycling Fee, assessed on the sale of covered electronic products FEE - Manufacturer Annual Registration Fees (can be significantly reduced by establishing an approved take-back program) SHARE - Manufacturers must finance a program to collect & recycle their brand’s share of covered products, either collectively or independently (Oregon’s collective program is managed by the state DEQ, WA’s collective program is run by a manufacturer-managed authority.) LBS. SOLD Manufacturer pays registration fee and for collection and recycling of covered electronic devices based on their yearly sales to households LBS. SOLD SHARE1 ARF Share1 FEE RETURNS1 RETURNS1 RETURNS 1 - Manufacturers must develop and implement their own recycling programs for their own returned products (TX requires program to collect from consumers, NC requires program to collect from collectors). RETURNS 2 - Manufacturers pay for transportation and recycling of their own branded products collected by others plus a pro rata share of all orphan products

6. Regional Model #1Producer Pays Returns New England • Existing Laws: Maine and Connecticut • Key Differences: product scope and orphan financing • Similar Pending Legislation: MA? • Outliers: NJ (more like Pacific NW model)

7. Regional Model #2Producer Managed with DefaultPacific Northwest • Existing Laws: Washington and Oregon • Key Differences: financing basis split between TVs and IT, use of producer-run Authority or state agency • Similar Pending Legislation: IL • Outliers: NJ

8. Regional Model #3Producer Managed no Default or Convenience GoalsUpper Midwest • Existing Laws: Minnesota, New York City • Key Differences: N/A • Similar Pending Legislation: HI, NY • Outliers: HI

9. Regional Model #4Producer Program RequiredMid-Atlantic and “Red” States • Existing Laws: MD, WV, VA, TX, OK • Key Differences: registration fee required if no program, product scope (TVs or not) • Similar Pending Legislation: MO, MI • Outliers: TX, OK

10. California Manufacturers collect/remit ARF on direct sales, retain 3% $6, $8, $10 depending on screen size 20,000+ retailers with 30,000+ retail locations (300 large = 90%) Retailers only sell branded products and that meet RoHS restrictions for heavy metals.  Overview of State Models

11. Maine • Manufacturers/Retailers meeting manufacturer definition choose recycling plan method of payment: • Pay consolidator count of claimed brands + orphans • Pick up representative pile of return share weight + orphans • OR, have branded product separated + orphans for pickup by chosen recycler • As of December 2007, 394 brands claimed by 167 manufacturers • Does not cover desktop computers

12. Manufacturers pay a $10000 initial annual registration fee and submit list of brands by December 31 each year $5000 annual fee thereafter, or if desired, manufacturers may set up take-back program and pay only a $500 annual fee Collected fees to state funds for grants to local governments Retailers may not sell brands of computers that don’t contain brand labeling or have not paid a registration fee. Covers desktops, laptops, TVs, monitors Maryland/ West Virginia

13. Washington • Manufacturers may/must join Standard Plan (no choice if a white box or new entrant manufacturer) to manage and finance recycling program • Manufacturers may start on own or with others an independent plan (if combined return share above 5%) • Retailer may not sell covered products if manufacturer is not registered and part of an approved plan • Violation for both retailer and manufacturer • As of late Feb., 158 unique manufacturers with 226 unique brands

14. Minnesota • Manufacturers must recycle or purchase rights to pounds for volume equal to 60% of weight sold in MN (Jul 07 – Jun 08) • Increases to 80% in FY 08 • Annual report and penalties per pound for any shortfall, excess can be converted to “credits” • Retailer may not sell covered products if manufacturer is not registered • Retailer must report to manufacturer on its brand(s) sales by Jul 1 annually

15. Connecticut • Like Maine but with desktops and printers covered, • State approves recyclers and submit bills to manufacturers for their brands collected + orphan share • Orphans determined by market, not return share • Retailer may not sell covered products if manufacturer is not registered and part of an approved plan • Pending Bill makes TV manufacturer responsibility on market share, pushes back implementation

16. Oregon • Like WA, manufacturers participate in default State Contractor Program or Manufacturer Program (5% return share limit) • In contractor program, IT based on return share, TV manufacturer payments based on market share • No separate authority, state DEQ runs/outsources Contractor Program • Annual cost for Contractor Program due Sept 1 (total cost for year) • Manufacturers register and pay fee annually

17. North Carolina • Unclear at this point, covered manufacturers must submit plan to the state, pay registration fee • AND manufacturers must provide transportation and fully cover the costs of processing for equipment received from covered product “collectors” (collectors get to “central locations”)

18. Texas • Manufacturers must adopt and implement recovery plans by Sept 1 2008 • Recovery must offer cost-free recycling opportunity for its products from consumers through methods such as: mailback, collection events, physical collection sites, etc. • Annual reports from manufacturer due beginning Jan 31 2010 • Retailers must ensure brands sold on our state compliance list

19. January 1, 2008: Registration/admin fees due in CT, MD and WA – must declare independent or standard plan on WA registration form February 1, 2008: Initial standard and independent plans due in WA to government for review/approval April 1, 2008: Manufacturers provide list of covered products to retailers in CA (including portable DVD) July 1, 2008: Manufacturer registration fee payments due in OR, filing of manufacturer programs September 1, 2008: Manufacturers in Contractor program must pay annual costs for 2009 in OR Timelines/Deadlines

20. September 1, 2008: Manufacturers submit report to MPCA on pounds collected, pay penalties for under-collection September 1, 2008: TX recovery plans enforced, NYC plans must be submitted January 1, 2009: Registration submitted in WV January 1, 2009: Plans must be fully operational in WA, OR, CT, NC! July 1, 2009: Plans must be fully operational in NYC, VA January 1, 2010: Plans must be fully operational in NJ Timelines/Deadlines

21. Manufacturer Patchwork 2008 Registrations as of early February

22. California: 1.79 lbs/capita in 2005, 65 million lbs 3.5 lbs/capita in 2006, 128 million lbs 5.1 lbs/capita in 2007, 185 million lbs Maine: 3.1 lbs/capita in 2006, 3.85 million lbs 3.51 lbs/capita in 2007, 4.63 million lbs Minnesota: unknown until Sept 2008 Maryland: 1.2 lbs/capita in 2006, 6.2 million lbs [not program stats] 1.5 lbs/capita in 2007, 8.7 million lbs [not program stats How Are They Faring?

23. Thank You! Jason Linnell, NCER Phone: (304) 699-1008 jlinnell@electronicsrecycling.org Visit us on the web: www.ncerwv.org And www.ecyclingresource.org