H.B. 153

1

RECYCLING OF ELECTRONIC ITEMS
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Rebecca P. Edwards
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill addresses the recycling of consumer electronic devices.
10 Highlighted Provisions:
11 This bill:
12 . establishes the Consumer Electronic Recycling Program within the Division of
13 Solid and Hazardous Waste;
14 . defines terms;
15 . addresses duties of the division, including rulemaking;
16 . requires the division to maintain publicly available lists of manufacturers, registered
17 recyclers, and recycling drop-off points;
18 . provides for the establishment of recycling drop-off points;
19 . imposes duties on manufacturers and registered recyclers;
20 . requires registration;
21 . addresses the payment of recycling costs for consumer electronic devices;
22 . includes a sunset provision; and
23 . makes technical changes.
24 Monies Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None

28 Utah Code Sections Affected:
29 AMENDS:
30 19-1-105, as enacted by Laws of Utah 1991, Chapter 112
31 63I-1-219, as last amended by Laws of Utah 2009, Chapter 334
32 ENACTS:
33 19-6-1201, Utah Code Annotated 1953
34 19-6-1202, Utah Code Annotated 1953
35 19-6-1203, Utah Code Annotated 1953
36 19-6-1204, Utah Code Annotated 1953
37 19-6-1205, Utah Code Annotated 1953
38 19-6-1206, Utah Code Annotated 1953
39 19-6-1207, Utah Code Annotated 1953
40
41 Be it enacted by the Legislature of the state of Utah:
42 Section 1. Section 19-1-105 is amended to read:
43 19-1-105. Divisions of department -- Control by division directors.
44 (1) The following divisions are created within the department:
45 (a) the Division of Air Quality, to administer Title 19, Chapter 2, Air Conservation
46 Act;
47 (b) the Division of Drinking Water, to administer Title 19, Chapter 4, Safe Drinking
48 Water Act;
49 (c) the Division of Environmental Response and Remediation, to administer Title 19,
50 Chapter 6, Parts 3, Hazardous Substances Mitigation Act, and 4, Underground Storage Tank
51 Act;
52 (d) the Division of Radiation, to administer Title 19, Chapter 3, Radiation Control Act;
53 (e) the Division of Solid and Hazardous Waste, to administer Title 19, Chapter 6, Parts
54 1, Solid and Hazardous Waste Act, 2, Hazardous Waste Facility Siting Act, [and] 5, Solid
55 Waste Management Act, and 12, Consumer Electronic Recycling Programs; and
56 (f) the Division of Water Quality, to administer Title 19, Chapter 5, Water Quality Act.
57 (2) Each division is under the immediate direction and control of a division director
58 appointed by the executive director.

59 (3) Each division director shall:
60 (a) possess the necessary administrative skills and training to adequately qualify [him]
61 the division director for [his] the position[. He shall]; and
62 (b) have graduated from an accredited college or university with:
63 [(a)] (i) a four-year degree in physical or biological science or engineering;
64 [(b)] (ii) a related degree; or
65 [(c)] (iii) a degree in law.
66 (4) Each director may be removed at the will of the executive director.
67 Section 2. Section 19-6-1201 is enacted to read:
68 Part 12. Consumer Electronic Recycling Program
69 19-6-1201. Title.
70 This part is known as the "Consumer Electronic Recycling Program."
71 Section 3. Section 19-6-1202 is enacted to read:
72 19-6-1202. Definitions.
73 As used in this part:
74 (1) (a) "Consumer" means a person who possesses a consumer electronic device for the
75 person's own personal or home-based business use.
76 (b) "Consumer" does not include a person who possesses a consumer electronic device
77 for:
78 (i) a business that is not a home-based business; or
79 (ii) another purpose that does not constitute personal use.
80 (2) (a) "Consumer electronic device" means an electronic device for consumer use if
81 that electronic device is:
82 (i) a computer central processing unit;
83 (ii) a personal computing device of less than 11 inches in its largest dimension;
84 (iii) a computer peripheral, including a mouse, keyboard, printer, scanner, or copier;
85 (iv) a computer monitor;
86 (v) a television; or
87 (vi) a desktop device that prints, scans, or copies.
88 (b) "Consumer electronic device" does not include:
89 (i) an electronic device that is not used primarily for consumer use, including a

90 business electronic device;
91 (ii) a personal audio or video device of less than four inches in its largest dimension;
92 (iii) a mobile telephone, regardless of whether it contains a computer or computer-like
93 central processing unit; or
94 (iv) the internal components of a consumer electronic device, standing alone.
95 (3) "Designated recycling drop-off point" means a recycling drop-off point designated
96 under Section 19-6-1204 .
97 (4) "Division" means the Division of Solid and Hazardous Waste, created in Section
98 19-1-105 .
99 (5) (a) "Manufacturer" means a person who:
100 (i) manufactures a consumer electronic device, whether in whole or by assembly of
101 other components; and
102 (ii) owns or licenses the brand of a consumer electronic device.
103 (b) "Manufacturer" does not include a person who:
104 (i) manufactures the internal components of a consumer electronic device; or
105 (ii) assembles a computer system from components for the person's own use.
106 (6) "Market share," with respect to a specific manufacturer, means the portion of the
107 total sales in the state of a type of consumer electronic device that are attributable to the
108 manufacturer.
109 (7) "Orphan device" means a consumer electronic device the manufacturer of which:
110 (a) cannot be determined; or
111 (b) no longer exists.
112 (8) (a) "Recycling" means disassembling, dismantling, processing, or shredding a
113 consumer electronic device to recover a useable product.
114 (b) "Recycling" does not include incineration.
115 (9) "Registered recycler" means a person who recycles consumer electronic devices
116 who registers with the division as a registered recycler in accordance with Section 19-6-1206 .
117 (10) "Type," with respect to a consumer electronic device, means one of the following:
118 (a) a television or computer monitor;
119 (b) a computer;
120 (c) a computer peripheral, except for a computer monitor; or

121 (d) a consumer electronic device that is not described in Subsections (10)(a) through
122 (c).
123 Section 4. Section 19-6-1203 is enacted to read:
124 19-6-1203. Consumer Electronic Recycling Program -- Division duties.
125 (1) There is established the "Consumer Electronic Recycling Program" within the
126 Division of Solid and Hazardous Waste.
127 (2) The division shall:
128 (a) maintain and make publicly available on its Internet website a current list of:
129 (i) manufacturers registered under this part;
130 (ii) registered recyclers; and
131 (iii) designated recycling drop-off points; and
132 (b) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
133 Rulemaking Act, establishing:
134 (i) the security and destruction of data requirements concerning data remaining on a
135 consumer electronic device recycled in accordance with this part;
136 (ii) the method and timing of submissions of requests for payment of reasonable
137 recycling costs made by a registered recycler;
138 (iii) environmental and handling requirements for the recycling of consumer electronic
139 devices by a registered recycler;
140 (iv) liability insurance requirements for a registered recycler on the basis of the
141 potential liability of the registered recycler for damages in connection with the recycling of a
142 consumer electronic device; and
143 (v) subject to Subsection (3), an administrative penalty for a violation of this chapter.
144 (3) Subject to Title 63G, Chapter 4, Administrative Procedures Act, the division may
145 impose an administrative penalty against a registered recycler or manufacturer for a violation of
146 this chapter that is established by rule, and which may include:
147 (a) suspension or revocation of a registration;
148 (b) a cease and desist order; or
149 (c) a fine.
150 Section 5. Section 19-6-1204 is enacted to read:
151 19-6-1204. Designated drop-off points.

152 (1) (a) A county of the first-class or second-class shall designate at least one recycling
153 drop-off point within the county where a consumer may drop off a consumer electronic device
154 for no charge to the consumer.
155 (b) In designating a recycling drop-off point under this Subsection (1), a county may
156 consult a local health department or solid waste district within the county.
157 (2) A county that is not a county of the first-class or second-class may designate one or
158 more recycling drop-off points within the county where a consumer may drop off a consumer
159 electronic device for no charge to the consumer.
160 (3) A manufacturer may designate one or more recycling drop-off points within the
161 state where a consumer may drop off a consumer electronic device for no charge to the
162 consumer.
163 Section 6. Section 19-6-1205 is enacted to read:
164 19-6-1205. Registration by manufacturer -- Duties.
165 (1) On and after July 1, 2010, a manufacturer of a consumer electronic device that is
166 sold at a retailer within the state shall register with the division.
167 (2) To register with the division, a manufacturer shall:
168 (a) file an application with the division that includes:
169 (i) the manufacturer's current address; and
170 (ii) a list of the brands of consumer electronic devices that the manufacturer
171 manufactures that are sold in the state; and
172 (b) pay a fee established by the division in accordance with Section 63J-1-504 , except
173 that a fee shall vary in amount on the basis of a manufacturer's:
174 (i) market share; or
175 (ii) size.
176 (3) A manufacturer shall:
177 (a) if the address provided to the division under Subsection (2) changes, notify the
178 division of the new address within 10 days of the day on which the address changes; and
179 (b) satisfy a valid request for payment from a registered recycler within 45 days after
180 receipt of the request for payment.
181 Section 7. Section 19-6-1206 is enacted to read:
182 19-6-1206. Recycler registration -- Duties.

183 (1) A person seeking to be a registered recycler under this part shall register with the
184 division.
185 (2) To register with the division, a person shall:
186 (a) file an application with the division; and
187 (b) pay a fee established by the division in accordance with Section 63J-1-504 , except
188 that a fee shall vary in amount on the basis of a registered recycler's:
189 (i) market share; or
190 (ii) size.
191 (3) A registered recycler shall:
192 (a) for a consumer electronic device recycled in accordance with this part, comply with
193 the rules made by the division in accordance with Section 19-6-1203 concerning:
194 (i) maintaining the security and destruction of data remaining on the consumer
195 electronic device; and
196 (ii) environmental and handling requirements;
197 (b) transport a consumer electronic device from a designated recycling drop-off point
198 for recycling;
199 (c) submit a request for payment to a manufacturer only in accordance with this part
200 and division rules made in accordance with Section 19-6-1203 governing the submission of
201 requests for payment;
202 (d) maintain a record of an orphan device; and
203 (e) maintain liability insurance at a level established by the division by rule made in
204 accordance with Section 19-6-1203 .
205 Section 8. Section 19-6-1207 is enacted to read:
206 19-6-1207. Costs of recycling under the program.
207 (1) A manufacturer of a consumer electronic device recycled in accordance with this
208 part shall pay for a registered recycler's cost of recycling the consumer electronic device as
209 negotiated by the manufacturer and the registered recycler, regardless of whether the
210 manufacturer is registered in accordance with this part.
211 (2) The cost of recycling paid by a manufacturer under Subsection (1) shall be
212 determined by applying the negotiated rate to the manufacturer's portion of the market share for
213 the type of consumer electronic device at issue.

214 (3) A registered recycler shall:
215 (a) include in the cost to the registered recycler the total amount of material recycled by
216 the registered recycler; and
217 (b) submit a request for payment to each manufacturer by the manufacturer's market
218 share.
219 Section 9. Section 63I-1-219 is amended to read:
220 63I-1-219. Repeal dates, Title 19.
221 (1) Title 19, Chapter 2, Air Conservation Act, is repealed July 1, 2014.
222 (2) Title 19, Chapter 3, Radiation Control Act, is repealed July 1, 2012.
223 (3) Title 19, Chapter 4, Safe Drinking Water Act, is repealed July 1, 2019.
224 (4) Title 19, Chapter 5, Water Quality Act, is repealed July 1, 2019.
225 (5) Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act, is repealed July 1,
226 2019.
227 (6) Title 19, Chapter 6, Part 3, Hazardous Substances Mitigation Act, is repealed July
228 1, 2010.
229 (7) Title 19, Chapter 6, Part 4, Underground Storage Tank Act, is repealed July 1,
230 2018.
231 (8) Title 19, Chapter 6, Part 6, Lead Acid Battery Disposal, is repealed July 1, 2016.
232 (9) Title 19, Chapter 6, Part 7, Used Oil Management Act, is repealed July 1, 2019.
233 (10) Title 19, Chapter 6, Part 8, Waste Tire Recycling Act, is repealed July 1, 2010.
234 (11) Title 19, Chapter 6, Part 10, Mercury Switch Removal Act, is repealed July 1,
235 2012.
236 (12) Title 19, Chapter 6, Part 12, Consumer Electronic Recycling Program, is repealed
237 July 1, 2020.




Legislative Review Note
as of 2-16-10 1:26 PM

Office of Legislative Research and General Counsel