H.B. 67

1

ELECTRONIC EQUIPMENT WASTE DISPOSAL
2 AND RECYCLING ACT
3 2003 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Ralph Becker
6 This act modifies the Environmental Quality Code to h [ require ] ENCOURAGE h the Solid and
6a Hazardous
7 Waste Control Board, with regard to electronic equipment waste, to establish an
8 educational initiative that meets certain requirements and to monitor federal and state
9 activities. The act provides for reporting to the Legislature. The act defines terms and
10 grants rulemaking authority.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 ENACTS:
13 19-6-901, Utah Code Annotated 1953
14 19-6-902, Utah Code Annotated 1953
15 19-6-903, Utah Code Annotated 1953
16 Be it enacted by the Legislature of the state of Utah:
17 Section 1. Section 19-6-901 is enacted to read:
18 Part 9. Electronic Equipment Waste Disposal and Recycling Act
19 19-6-901. Title.
20 This part is known as the "Electronic Equipment Waste Disposal and Recycling Act."
21 Section 2. Section 19-6-902 is enacted to read:
22 19-6-902. Definitions.
23 As used in this part:
24 (1) "Board" means the Solid and Hazardous Waste Control Board created in Section
25 19-1-106 .
26 (2) (a) "Electronic equipment waste" means a device that:

27 (i) a person intends to:

28 (A) dispose of; or
29 (B) recycle; and
30 (ii) contains:
31 (A) complex electronic circuitry;
32 (B) a circuit board; or
33 (C) signal processing.
34 (b) "Electronic equipment waste" includes a device that:
35 (i) contains a cathode ray tube including:
36 (A) a television; or
37 (B) a computer monitor; or
38 (ii) uses a rechargeable battery including a cell phone.
39 (3) "Rechargeable battery" means a battery subject to the requirements of 42 U.S.C.
40 Sec. 14321 et seq. including:
41 (a) a used nickel-cadmium rechargeable battery;
42 (b) a used small sealed lead-acid battery; or
43 (c) other regulated battery as defined in 42 U.S.C. Sec. 14302.
44 Section 3. Section 19-6-903 is enacted to read:
45 19-6-903. Educational initiative -- Board duties.
46 (1) The board h [ shall ] MAY h establish an educational initiative that includes information
47 concerning:
48 (a) the potential hazards of improperly disposing electronic equipment waste;
49 (b) any requirements imposed under this title or rules made under this title for disposal
50 of electronic equipment waste;
51 (c) state and local efforts to encourage or facilitate:
52 (i) the proper disposal of electronic equipment waste; or
53 (ii) recycling of electronic equipment waste; and
54 (d) nongovernmental efforts to encourage or facilitate:
55 (i) the proper disposal of electronic equipment waste; or
56 (ii) recycling of electronic equipment waste.
57 (2) As part of the educational initiative described in Subsection (1), the board
57a h [ shall ] MAY h :

58 (a) make available electronically the information described in Subsection (1); and

59 (b) develop one or more programs designed to educate:
60 (i) the public;
61 (ii) local governments that operate or have within their boundaries a facility for:
62 (A) waste treatment;
63 (B) waste storage; or
64 (C) waste disposal; and
65 (iii) state agencies that generate electronic equipment waste.
66 (3) The board h [ shall ] MAY h monitor actions taken by the federal government and other
66a states to
67 address:
68 (a) disposal of electronic equipment waste; or
69 (b) recycling of electronic equipment waste.
70 h [ (4) At the request of an interim committee of the Legislature, the board shall report to
71 that interim committee regarding issues related to electronic equipment waste including:
72 (a) the educational initiative established under this section; or
73 (b) actions monitored by the board under Subsection (3). ] h




Legislative Review Note
as of 12-30-02 9:07 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel