H.B. 102

1

ELECTRONIC SCRAP RECYCLING
2 2011 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 certain electronic products.
10 Highlighted Provisions:
11 This bill:
12 . creates the Electronic Recycling Program within the Division of Solid and
13 Hazardous Waste;
14 . defines terms;
15 . addresses the duties of the Solid and Hazardous Waste Control Board and the
16 board's executive secretary;
17 . empowers the board to make administrative rules governing the Electronic
18 Recycling Program;
19 . imposes duties related to sales, collection, and recycling of covered electronic
20 devices on manufacturers, recyclers, collectors, and retailers;
21 . provides for the Electronic Recycling Program to sunset;
22 . creates the Electronic Recycling Program Restricted Account;
23 . provides an exception from Title 63G, Chapter 4, Administrative Procedures Act,
24 for procedures concerning the Electronic Recycling Program; and
25 . makes technical changes.
26 Money Appropriated in this Bill:
27 None

28 Other Special Clauses:
29 None
30 Utah Code Sections Affected:
31 AMENDS:
32 19-1-105, as enacted by Laws of Utah 1991, Chapter 112
33 63G-4-102, as renumbered and amended by Laws of Utah 2008, Chapter 382
34 63I-1-219, as last amended by Laws of Utah 2010, Chapter 319
35 ENACTS:
36 19-6-1201, Utah Code Annotated 1953
37 19-6-1202, Utah Code Annotated 1953
38 19-6-1203, Utah Code Annotated 1953
39 19-6-1204, Utah Code Annotated 1953
40 19-6-1205, Utah Code Annotated 1953
41 19-6-1206, Utah Code Annotated 1953
42 19-6-1207, Utah Code Annotated 1953
43 19-6-1208, Utah Code Annotated 1953
44
45 Be it enacted by the Legislature of the state of Utah:
46 Section 1. Section 19-1-105 is amended to read:
47 19-1-105. Divisions of department -- Control by division directors.
48 (1) The following divisions are created within the department:
49 (a) the Division of Air Quality, to administer Title 19, Chapter 2, Air Conservation
50 Act;
51 (b) the Division of Drinking Water, to administer Title 19, Chapter 4, Safe Drinking
52 Water Act;
53 (c) the Division of Environmental Response and Remediation, to administer Title 19,
54 Chapter 6, Parts 3, Hazardous Substances Mitigation Act, and 4, Underground Storage Tank
55 Act;
56 (d) the Division of Radiation, to administer Title 19, Chapter 3, Radiation Control Act;
57 (e) the Division of Solid and Hazardous Waste, to administer Title 19, Chapter 6, Parts
58 1, Solid and Hazardous Waste Act, 2, [and] Hazardous Waste Facility Siting Act, 5, Solid

59 Waste Management Act, and 12, Electronic Recycling Program; and
60 (f) the Division of Water Quality, to administer Title 19, Chapter 5, Water Quality Act.
61 (2) Each division is under the immediate direction and control of a division director
62 appointed by the executive director.
63 (3) (a) Each division director shall possess the necessary administrative skills and
64 training to adequately qualify [him for his] the division director for the position. [He]
65 (b) The division director shall have graduated from an accredited college or university
66 with:
67 [(a)] (i) a four-year degree in physical or biological science or engineering;
68 [(b)] (ii) a related degree; or
69 [(c)] (iii) a degree in law.
70 (4) Each director may be removed at the will of the executive director.
71 Section 2. Section 19-6-1201 is enacted to read:
72 Part 12. Electronic Recycling Program
73 19-6-1201. Title.
74 This part is known as the "Electronic Recycling Program."
75 Section 3. Section 19-6-1202 is enacted to read:
76 19-6-1202. Definitions.
77 As used in this part:
78 (1) "Board" means the Solid and Hazardous Waste Control Board.
79 (2) "Collector" means a person operating or sponsoring a temporary or year-round,
80 drop-off, pickup, mail-back, or other type of collection activity in which a covered electronic
81 device is collected for recycling.
82 (3) (a) "Covered electronic device" means an electronic device for personal or
83 home-based business use that is a:
84 (i) personal computing device:
85 (A) if the device contains a central processing unit or central processing unit board,
86 allows data input, stores or manipulates data, and provides output; and
87 (B) if the device has an incorporated video display with a video display greater than
88 four inches measured at a diagonal;
89 (ii) computer mouse, keyboard, or external hard drive;

90 (iii) computer monitor, television, or other video display device for home or portable
91 use with a video display greater than four inches measured at a diagonal;
92 (iv) desktop device that prints, scans, or copies;
93 (v) global positioning system (GPS) or similar device with a video display greater than
94 four inches measured at a diagonal; or
95 (vi) telephone with incorporated video display greater than four inches measured at a
96 diagonal.
97 (b) "Covered electronic device" does not include:
98 (i) an electronic device that is not primarily for personal or home-based business use;
99 (ii) the individual internal components of an electronic device that are separate from an
100 electronic device;
101 (iii) a video device with a screen size of four inches or less measured at a diagonal;
102 (iv) computer speakers or computer peripherals other than a mouse, keyboard, or
103 external hard drive;
104 (v) a telephone, unless it contains a video display area greater than four inches
105 measured at a diagonal whether or not the telephone contains a central processing unit;
106 (vi) a built-in electronic device that is part of a motor vehicle assembled by, or for, a
107 vehicle manufacturer or motor vehicle dealer, including replacement parts;
108 (vii) an electronic device that is functionally or physically a part of a larger piece of
109 equipment designed and intended for use as medical or diagnostic monitoring or control
110 equipment; or
111 (viii) an electronic device that is contained within a clothes washer, clothes dryer,
112 coffee maker, refrigerator, refrigerator and freezer, microwave oven, conventional oven or
113 range, dishwasher, room air conditioner, dehumidifier, stationary or portable air purifier,
114 exercise equipment, or similar appliance or type of equipment.
115 (4) "Division" means the Division of Solid and Hazardous Waste.
116 (5) "Executive secretary" means the board's executive secretary.
117 (6) "Home-based business" means a business, including a nonprofit organization, using
118 a personal residence as its principal place of business.
119 (7) (a) "Manufacturer" means a person who:
120 (i) manufactures a covered electronic device for sale in Utah, whether in whole or by

121 assembly of other components;
122 (ii) owns or licenses the brand of a covered electronic device for sale in Utah; or
123 (iii) imports a covered electronic device for sale in Utah that is manufactured by a
124 person without a presence in the United States.
125 (b) If more than one person may be defined as a manufacturer, "manufacturer" means
126 the person who elects to register in lieu of another in accordance with Section 19-6-1205 .
127 (c) If no person elects to register as a manufacturer, "manufacturer" means any of the
128 entities listed in Subsection (7)(a), at the division's discretion.
129 (d) "Manufacturer" does not include a person who:
130 (i) manufactures only the internal components of a covered electronic device;
131 (ii) refurbishes, repairs, updates, or modifies a previously used covered electronic
132 device, whether or not the covered electronic device may be offered for retail sale;
133 (iii) manufactures a type of covered electronic device for resale in Utah of fewer than
134 250 units per year; or
135 (iv) assembles a computer system from components for the person's own use.
136 (8) "Market share" means the portion of the total sales, by weight, in the state of a type
137 of covered electronic device attributable to a specific manufacturer.
138 (9) "Recycler" means a person who receives a covered electronic device from a
139 registered collector to either recycle or transport to another party for recycling.
140 (10) (a) "Recycling" means disassembling, demanufacturing, dismantling, processing,
141 or shredding a covered electronic device to recover a usable commodity.
142 (b) "Recycling" does not include incineration of a covered electronic device, but
143 residuals coming from the recycling process may be incinerated in an appropriate facility.
144 (11) (a) "Retailer" means a person who sells a new covered electronic device in Utah.
145 (b) "Retailer" does not include a person who sells a previously used covered electronic
146 device and does not sell a new covered electronic device.
147 (12) "Reused, donated, or resold" means removing a covered electronic device or
148 covered electronic device component from the recycling stream to be reused, donated, or resold
149 for the original purpose, rather than having the covered electronic device or component parts
150 recycled.
151 (13) "Type" means any of the six covered electronic device categories listed in

152 Subsection (3)(a).
153 Section 4. Section 19-6-1203 is enacted to read:
154 19-6-1203. Electronic Recycling Program -- Duties of the board and executive
155 secretary.
156 (1) There is established the Electronic Recycling Program within the Division of Solid
157 and Hazardous Waste.
158 (2) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah
159 Administrative Rulemaking Act, establishing:
160 (a) recordkeeping and reporting requirements;
161 (b) environmental and handling requirements for the collection and recycling of
162 electronic devices by a registered collector and recycler;
163 (c) the form and amount of financial responsibility requirements and liability insurance
164 or other financial responsibility for a registered collector and recycler including:
165 (i) general liability insurance requirements;
166 (ii) environmental pollution liability protection for third-party bodily injuries or
167 property damage from releases of harmful materials; and
168 (iii) financial assurance for the costs of facility clean up and closure;
169 (d) an administrative penalty for a violation of this chapter;
170 (e) information distribution requirements concerning electronic recycling for a retailer
171 selling a covered electronic device;
172 (f) a requirement for retailers to verify whether a covered electronic device originates
173 from a registered manufacturer;
174 (g) a requirement describing the minimum number of sites for collecting covered
175 electronic devices for recycling;
176 (h) reimbursement for manufacturers based on market share; and
177 (i) credit toward reimbursement for a manufacturer that maintains a voluntary recycling
178 program.
179 (3) The board shall exercise all other incidental powers necessary to carry out the
180 purposes of this part.
181 (4) The board may amend or revoke any action by the executive secretary.
182 (5) The executive secretary shall administer the Electronic Recycling Program as

183 authorized by the board pursuant to the provisions of this part.
184 (6) (a) The executive secretary may authorize an employee or representative of the
185 board, at a reasonable time and upon presentation of appropriate credentials, to:
186 (i) enter upon and inspect a property, premise, or place on or at which a covered
187 electronic device is collected, transported, stored, or recycled; and
188 (ii) have access to and the right to copy any records relating to the covered electronic
189 device, for the purpose of ascertaining compliance with this part and the board's rules.
190 (b) A person referred to in Subsection (6)(a) may make record of the inspection by
191 photographic, electronic, or any other reasonable means.
192 (7) The executive secretary may enforce rules made or revised by the board through the
193 issuance of orders, including issuance of a cease and desist order.
194 (8) The executive secretary may impose an administrative penalty against a collector,
195 manufacturer, recycler, or retailer, including:
196 (a) suspension or revocation of a registration;
197 (b) a monetary penalty of up to $5,000 per day; or
198 (c) any combination of the foregoing.
199 Section 5. Section 19-6-1204 is enacted to read:
200 19-6-1204. Collectors.
201 (1) Beginning July 1, 2011, and annually thereafter, a collector operating a temporary
202 or year-round, drop-off, pickup, mail-back, or other type of collection activity where covered
203 electronic devices are accumulated for recycling shall register with the executive secretary by
204 submitting the required form before collecting a covered electronic device.
205 (2) A collector accumulating covered electronic devices for recycling shall solicit a
206 recycler to recycle the covered electronic devices only from among registered recyclers.
207 (3) A collector soliciting a registered recycler shall include in the solicitation the
208 collector's requirements for the service, including the frequency of pickups and details
209 concerning the transportation of the covered electronic devices.
210 (4) The collector shall select the lowest cost bidder from among the registered recyclers
211 whose bids satisfy the collector's requirements, identified in accordance with Subsection (3).
212 (5) A collector's solicitation of a registered recycler in accordance with this section is
213 exempt from Title 63G, Chapter 6, Utah Procurement Code.

214 (6) (a) The board may make rules, in accordance with Title 63G, Chapter 3, Utah
215 Administrative Rulemaking Act, governing a collector's solicitation of a registered recycler.
216 (b) In making the rules described in Subsection (6)(a), the board shall consult with the
217 chief procurement officer, appointed in accordance with Section 63G-6-203 .
218 Section 6. Section 19-6-1205 is enacted to read:
219 19-6-1205. Manufacturers.
220 (1) Beginning July 1, 2011, a manufacturer of covered electronic devices for sale
221 within this state register with the executive secretary by submitting the form required by the
222 executive secretary and pay a registration fee of $3,000.
223 (2) Beginning July 1, 2012, and annually thereafter, a manufacturer shall pay a
224 registration fee as provided in the department's fee schedule established in accordance with
225 Section 63J-1-504 .
226 (3) (a) Beginning July 1, 2012, a manufacturer shall pay a registered recycler for the
227 cost of recycling covered electronic devices.
228 (b) The board and the executive secretary may not resolve a dispute between a
229 manufacturer and recycler.
230 (4) A manufacturer may inspect the records of a registered recycler by which the
231 manufacturer is billed to verify that the recycling process complies with this chapter and rules
232 made in accordance with this chapter.
233 Section 7. Section 19-6-1206 is enacted to read:
234 19-6-1206. Recyclers.
235 (1) Beginning July 1, 2011, a recycler shall register with the executive secretary by
236 submitting the form required by the executive secretary and pay a registration fee of $500.
237 (2) Beginning July 1, 2012, and annually thereafter, the recycler shall pay a registration
238 fee as provided in the department's fee schedule established in accordance with Section
239 63J-1-504 .
240 Section 8. Section 19-6-1207 is enacted to read:
241 19-6-1207. Retailers.
242 (1) Beginning July 1, 2011, a retailer selling a new covered electronic device in Utah
243 shall sell only a covered electronic device from a manufacturer registered with the executive
244 secretary.

245 (2) The retailer shall provide consumers with information concerning electronic
246 recycling as required by rule.
247 Section 9. Section 19-6-1208 is enacted to read:
248 19-6-1208. Electronic Recycling Program Restricted Account.
249 (1) There is created within the General Fund the "Electronic Recycling Program
250 Restricted Account."
251 (2) All funds received in accordance with this part, including any collected fees,
252 penalties, grants, or donations, shall be deposited in the account.
253 (3) The account shall earn interest, which shall be deposited into the account.
254 (4) Money in the account shall be appropriated by the Legislature to the executive
255 secretary for administration of this part.
256 Section 10. Section 63G-4-102 is amended to read:
257 63G-4-102. Scope and applicability of chapter.
258 (1) Except as set forth in Subsection (2), and except as otherwise provided by a statute
259 superseding provisions of this chapter by explicit reference to this chapter, the provisions of
260 this chapter apply to every agency of the state and govern:
261 (a) state agency action that determines the legal rights, duties, privileges, immunities,
262 or other legal interests of an identifiable person, including agency action to grant, deny, revoke,
263 suspend, modify, annul, withdraw, or amend an authority, right, or license; and
264 (b) judicial review of the action.
265 (2) This chapter does not govern:
266 (a) the procedure for making agency rules, or judicial review of the procedure or rules;
267 (b) the issuance of a notice of a deficiency in the payment of a tax, the decision to
268 waive a penalty or interest on taxes, the imposition of and penalty or interest on taxes, or the
269 issuance of a tax assessment, except that this chapter governs an agency action commenced by
270 a taxpayer or by another person authorized by law to contest the validity or correctness of the
271 action;
272 (c) state agency action relating to extradition, to the granting of a pardon or parole, a
273 commutation or termination of a sentence, or to the rescission, termination, or revocation of
274 parole or probation, to the discipline of, resolution of a grievance of, supervision of,
275 confinement of, or the treatment of an inmate or resident of a correctional facility, the Utah

276 State Hospital, the Utah State Developmental Center, or a person in the custody or jurisdiction
277 of the Division of Substance Abuse and Mental Health, or a person on probation or parole, or
278 judicial review of the action;
279 (d) state agency action to evaluate, discipline, employ, transfer, reassign, or promote a
280 student or teacher in a school or educational institution, or judicial review of the action;
281 (e) an application for employment and internal personnel action within an agency
282 concerning its own employees, or judicial review of the action;
283 (f) the issuance of a citation or assessment under Title 34A, Chapter 6, Utah
284 Occupational Safety and Health Act, and Title 58, Chapter 3a, Architects Licensing Act,
285 Chapter 11a, Cosmetologist/Barber, Esthetician, Electrologist, and Nail Technician Licensing
286 Act, Chapter 17b, Pharmacy Practice Act, Chapter 22, Professional Engineers and Professional
287 Land Surveyors Licensing Act, Chapter 53, Landscape Architects Licensing Act, Chapter 55,
288 Utah Construction Trades Licensing Act, Chapter 63, Security Personnel Licensing Act, and
289 Chapter 76, Professional Geologist Licensing Act, except that this chapter governs an agency
290 action commenced by the employer, licensee, or other person authorized by law to contest the
291 validity or correctness of the citation or assessment;
292 (g) state agency action relating to management of state funds, the management and
293 disposal of school and institutional trust land assets, and contracts for the purchase or sale of
294 products, real property, supplies, goods, or services by or for the state, or by or for an agency of
295 the state, except as provided in those contracts, or judicial review of the action;
296 (h) state agency action under Title 7, Chapter 1, [Article] Part 3, Powers and Duties of
297 Commissioner of Financial Institutions, Title 7, Chapter 2, Possession of Depository Institution
298 by Commissioner, Title 7, Chapter 19, Acquisition of Failing Depository Institutions or
299 Holding Companies, and Title 63G, Chapter 7, Governmental Immunity Act of Utah, or
300 judicial review of the action;
301 (i) the initial determination of a person's eligibility for unemployment benefits, the
302 initial determination of a person's eligibility for benefits under Title 34A, Chapter 2, Workers'
303 Compensation Act, and Title 34A, Chapter 3, Utah Occupational Disease Act, or the initial
304 determination of a person's unemployment tax liability;
305 (j) state agency action relating to the distribution or award of a monetary grant to or
306 between governmental units, or for research, development, or the arts, or judicial review of the

307 action;
308 (k) the issuance of a notice of violation or order under Title 26, Chapter 8a, Utah
309 Emergency Medical Services System Act, Title 19, Chapter 2, Air Conservation Act, Title 19,
310 Chapter 3, Radiation Control Act, Title 19, Chapter 4, Safe Drinking Water Act, Title 19,
311 Chapter 5, Water Quality Act, Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act,
312 Title 19, Chapter 6, Part 4, Underground Storage Tank Act, or Title 19, Chapter 6, Part 7, Used
313 Oil Management Act, or Title 19, Chapter 6, Part 10, Mercury Switch Removal Act, or Title
314 19, Chapter 6, Part 12, Electronic Recycling Program, except that this chapter governs an
315 agency action commenced by a person authorized by law to contest the validity or correctness
316 of the notice or order;
317 (l) state agency action, to the extent required by federal statute or regulation, to be
318 conducted according to federal procedures;
319 (m) the initial determination of a person's eligibility for government or public
320 assistance benefits;
321 (n) state agency action relating to wildlife licenses, permits, tags, and certificates of
322 registration;
323 (o) a license for use of state recreational facilities;
324 (p) state agency action under Title 63G, Chapter 2, Government Records Access and
325 Management Act, except as provided in Section 63G-2-603 ;
326 (q) state agency action relating to the collection of water commissioner fees and
327 delinquency penalties, or judicial review of the action;
328 (r) state agency action relating to the installation, maintenance, and repair of headgates,
329 caps, values, or other water controlling works and weirs, flumes, meters, or other water
330 measuring devices, or judicial review of the action;
331 (s) the issuance and enforcement of an initial order under Section 73-2-25 ;
332 (t) (i) a hearing conducted by the Division of Securities under Section 61-1-11.1 ; and
333 (ii) an action taken by the Division of Securities pursuant to a hearing conducted under
334 Section 61-1-11.1 , including a determination regarding the fairness of an issuance or exchange
335 of securities described in Subsection 61-1-11.1 (1); and
336 (u) state agency action relating to water well driller licenses, water well drilling
337 permits, water well driller registration, or water well drilling construction standards, or judicial

338 review of the action.
339 (3) This chapter does not affect a legal remedy otherwise available to:
340 (a) compel an agency to take action; or
341 (b) challenge an agency's rule.
342 (4) This chapter does not preclude an agency, prior to the beginning of an adjudicative
343 proceeding, or the presiding officer during an adjudicative proceeding from:
344 (a) requesting or ordering a conference with parties and interested persons to:
345 (i) encourage settlement;
346 (ii) clarify the issues;
347 (iii) simplify the evidence;
348 (iv) facilitate discovery; or
349 (v) expedite the proceeding; or
350 (b) granting a timely motion to dismiss or for summary judgment if the requirements of
351 Rule 12(b) or Rule 56 of the Utah Rules of Civil Procedure are met by the moving party,
352 except to the extent that the requirements of those rules are modified by this chapter.
353 (5) (a) A declaratory proceeding authorized by Section 63G-4-503 is not governed by
354 this chapter, except as explicitly provided in that section.
355 (b) Judicial review of a declaratory proceeding authorized by Section 63G-4-503 is
356 governed by this chapter.
357 (6) This chapter does not preclude an agency from enacting a rule affecting or
358 governing an adjudicative proceeding or from following the rule, if the rule is enacted
359 according to the procedures outlined in Title 63G, Chapter 3, Utah Administrative Rulemaking
360 Act, and if the rule conforms to the requirements of this chapter.
361 (7) (a) If the attorney general issues a written determination that a provision of this
362 chapter would result in the denial of funds or services to an agency of the state from the federal
363 government, the applicability of the provision to that agency shall be suspended to the extent
364 necessary to prevent the denial.
365 (b) The attorney general shall report the suspension to the Legislature at its next
366 session.
367 (8) Nothing in this chapter may be interpreted to provide an independent basis for
368 jurisdiction to review final agency action.

369 (9) Nothing in this chapter may be interpreted to restrict a presiding officer, for good
370 cause shown, from lengthening or shortening a time period prescribed in this chapter, except
371 the time period established for judicial review.
372 Section 11. Section 63I-1-219 is amended to read:
373 63I-1-219. Repeal dates, Title 19.
374 (1) Title 19, Chapter 2, Air Conservation Act, is repealed July 1, 2014.
375 (2) Title 19, Chapter 3, Radiation Control Act, is repealed July 1, 2012.
376 (3) Title 19, Chapter 4, Safe Drinking Water Act, is repealed July 1, 2019.
377 (4) Title 19, Chapter 5, Water Quality Act, is repealed July 1, 2019.
378 (5) Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act, is repealed July 1,
379 2019.
380 (6) Title 19, Chapter 6, Part 3, Hazardous Substances Mitigation Act, is repealed July
381 1, 2020.
382 (7) Title 19, Chapter 6, Part 4, Underground Storage Tank Act, is repealed July 1,
383 2018.
384 (8) Title 19, Chapter 6, Part 6, Lead Acid Battery Disposal, is repealed July 1, 2016.
385 (9) Title 19, Chapter 6, Part 7, Used Oil Management Act, is repealed July 1, 2019.
386 (10) Title 19, Chapter 6, Part 8, Waste Tire Recycling Act, is repealed July 1, 2020.
387 (11) Title 19, Chapter 6, Part 10, Mercury Switch Removal Act, is repealed July 1,
388 2012.
389 (12) Title 19, Chapter 6, Part 12, Electronic Recycling Program, is repealed July 1,
390 2021.




Legislative Review Note
as of 1-31-11 3:39 PM

Office of Legislative Research and General Counsel