S.B. 184 Enrolled

1

DISPOSAL OF ELECTRONIC WASTE
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Stephen H. Urquhart
5 House Sponsor: Michael E. Noel
6
7 LONG TITLE
8 General Description:
9 This bill enacts provisions related to consumer electronic device collection and
10 recycling programs and consumer electronic device manufacturers.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . prohibits a manufacturer from offering a consumer electronic device for sale in the
15 state unless the manufacturer meets certain reporting requirements to the
16 Department of Environmental Quality;
17 . requires the Department of Environmental Quality to report on the manufacturer's
18 reporting to the Natural Resources, Agriculture, and Environment Interim
19 Committee and the Public Utilities and Technology Interim Committee;
20 . prohibits a manufacturer from offering a consumer electronic device for sale in the
21 state unless the manufacturer establishes and implements a public education
22 program on collection and recycling programs; and
23 . authorizes a local government to enter into an arrangement with a manufacturer to
24 facilitate consumer electronics recycling.
25 Money Appropriated in this Bill:
26 None
27 Other Special Clauses:
28 None
29 Utah Code Sections Affected:

30 ENACTS:
31 19-6-1201, Utah Code Annotated 1953
32 19-6-1202, Utah Code Annotated 1953
33 19-6-1203, Utah Code Annotated 1953
34 19-6-1204, Utah Code Annotated 1953
35 19-6-1205, Utah Code Annotated 1953
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 19-6-1201 is enacted to read:
39 Part 12. Disposal of Electronic Waste Program
40 19-6-1201. Title.
41 This part is known as the "Disposal of Electronic Waste Program."
42 Section 2. Section 19-6-1202 is enacted to read:
43 19-6-1202. Definitions.
44 As used in this part:
45 (1) "Collection":
46 (a) means the aggregation of consumer electronic devices from consumers; and
47 (b) includes all the activities up to the time a consumer electronic device is delivered to
48 a recycler.
49 (2) (a) "Computer" means an electronic, magnetic, optical, electrochemical, or other
50 high-speed data processing device performing a logical, arithmetic, or storage function,
51 including:
52 (i) a laptop computer;
53 (ii) a desktop computer; or
54 (iii) a tablet computer.
55 (b) "Computer" includes the following permanently affixed to or incorporated into a
56 device described in Subsection (2)(a):
57 (i) a cable cord;

58 (ii) permanent wiring;
59 (iii) a central processing unit; or
60 (iv) a monitor.
61 (c) "Computer" does not include an automated typewriter or typesetter, a portable
62 hand-held calculator, a portable digital assistant, a server, or similar device.
63 (3) "Consumer" means a person who owns or uses a covered electronic device that is
64 purchased primarily for personal or home business use.
65 (4) "Consumer electronic device" means the following products sold to a consumer:
66 (a) a computer;
67 (b) a computer peripheral;
68 (c) a television; or
69 (d) a television peripheral.
70 (5) "Eligible program" means a collection, reuse, or recycling system for a consumer
71 electronic device, including:
72 (a) a system by which a manufacturer, manufacturer's designee, or other private entity
73 offers a consumer an option to return a consumer electronic device by mail;
74 (b) a system using a physical collection site that a manufacturer, manufacturer's
75 designee, or other private or public entity provides for a consumer to return a covered
76 consumer electronic device; or
77 (c) a system that uses a collection event held by a manufacturer, manufacturer's
78 designee, or other private or public entity at which a consumer may return a consumer
79 electronic device.
80 (6) "Manufacturer" means a person who:
81 (a) manufactures a consumer electronic device under a brand the person owns or is
82 licensed to use; or
83 (b) assumes the responsibilities and obligations of a person described in Subsection
84 (6)(a).
85 (7) "Peripheral" means a keyboard, printer, or other device that:

86 (a) is sold exclusively for external use with a television or computer; and
87 (b) provides input into or output from a television or computer.
88 (8) (a) "Recycling" means the process of collecting and preparing electronic products
89 for:
90 (i) use in a manufacturing process; or
91 (ii) recovery of reusable materials followed by delivery of reusable materials for use.
92 (b) "Recycling" does not include destruction by incineration, waste-to-energy
93 incineration, or other similar processes or land disposal.
94 (9) "Reuse" means electronic waste:
95 (a) that is tested and determined to be in good working order; and
96 (b) that is removed from the waste stream to use for the same purpose for which it was
97 manufactured, including the continued use of the whole system or components.
98 (10) (a) "Sell" or "sale" means any transfer for consideration of title or of the right to
99 use by lease or sales contract of a consumer electronic device to a consumer.
100 (b) "Sell" or "sale" does not include:
101 (i) the sale, resale, lease, or transfer of used consumer electronic devices; or
102 (ii) a manufacturer's or a distributor's wholesale transaction with a distributor or retailer
103 involving a consumer electronic device.
104 (11) "Television" means a display system primarily intended to receive video
105 programming via broadcast, cable, or satellite transmission.
106 Section 3. Section 19-6-1203 is enacted to read:
107 19-6-1203. Reporting requirements.
108 (1) On or after July 1, 2011, a manufacturer may not offer a consumer electronic device
109 for sale in the state unless the manufacturer, either individually, through a group manufacturer
110 organization, or through the manufacturer's industry trade group, prepares and submits, subject
111 to Subsection (2), a report on or before August 1 of each year to the department.
112 (2) The report required under Subsection (1):
113 (a) shall include a list of eligible programs, subject to Subsection (3); and

114 (b) may include:
115 (i) an existing collection, transportation, or recycling system for a consumer electronic
116 device; and
117 (ii) an eligible program offered by:
118 (A) a consumer electronic device recycler;
119 (B) a consumer electronic device repair shop;
120 (C) a recycler of other commodities;
121 (D) a reuse organization;
122 (E) a not-for-profit corporation;
123 (F) a retailer; or
124 (G) another similar operation, including a local government collection event.
125 (3) The list required in Subsection (2)(a) may be in the form of a geographic map
126 identifying the type and location of an eligible program.
127 (4) The department shall:
128 (a) compile the report required under Subsection (1); and
129 (b) beginning on October 31, 2012, submit annually on or before October 31 the
130 compiled report to the Natural Resources, Agriculture, and Environment Interim Committee
131 and the Public Utilities and Technology Interim Committee.
132 Section 4. Section 19-6-1204 is enacted to read:
133 19-6-1204. Public education program.
134 (1) Effective January 1, 2012, a manufacturer may not offer a consumer electronic
135 device for sale in the state unless the manufacturer individually, through a group manufacturer
136 organization, or through the manufacturer's industry trade group establishes and implements, in
137 accordance with Subsection (2), a public education program regarding the eligible programs.
138 (2) (a) The public education program required under Subsection (1) shall:
139 (i) inform a consumer about eligible programs; and
140 (ii) use manufacturer-developed customer outreach materials, such as packaging
141 inserts, company websites, and other communication methods, to inform a consumer about

142 eligible programs.
143 (b) A manufacturer described in Subsection (1) shall work with the department and
144 other interested parties to develop educational materials that inform consumers about an
145 eligible program.
146 Section 5. Section 19-6-1205 is enacted to read:
147 19-6-1205. Local government arrangement.
148 If a local government enters into an arrangement with a manufacturer to facilitate
149 consumer electronics recycling in accordance with this part, the local government may enter
150 into the arrangement without requiring a request for proposal or similar competitive
151 procurement process required by law.