Texas and Oregon Legislatures Pass Electronics Recycling Bills

The Oregon and Texas legislatures have passed bills that would require electronics manufacturers to pay for the collection and recycling of obsolete electronics from consumers in their states.

These producer responsibility bills are awaiting the signatures of their respective governors, which would make Oregon and Texas the sixth and seventh states to pass laws mandating electronic waste recycling programs.

“Not only are states saying that it’s time for the electronics industry to take responsibility for recycling their products, but they are passing these bills with unanimous votes and little debate,” Barbara Kyle, national coordinator of the Computer TakeBack Campaign, says. “Even though the television manufacturers still lobby against bills that would give them any responsibility for recycling, the momentum in the States is building for corporate accountability for managing our growing e-waste problem.”

The Computer TakeBack Campaign circulated a press release announcing the passage of the legislation in Oregon and Texas. The organization is a national coalition of organizations promoting sustainable and responsible practices throughout the high-tech electronics industry, to protect public health and the environment. Steering Committee Organizations are Basel Action Network, Center for Environmental Health, Clean Production Action, Clean Water Action, Silicon Valley Toxics Coalition and Texas Campaign for the Environment.

Rep. Jackie Dingfelder sponsored Oregon’s HB 2626. On May 29 the Oregon Senate passed the bill, which should reach the desk of Gov. Ted Kulongoski May 30 for signature, according to the Computer TakeBack Campaign. The bill requires manufacturers that sell products in the state to finance free, convenient and environmentally sound recycling services for televisions, personal computers, laptops and monitors. Manufacturers can create their own take-back program or participate in a common program, but they must pay for collection and transportation in addition to recycling costs. Programs should make recycling as easy as buying and take back covered products of any brand and provide convenient collection across the state. Programs must be free to households, small businesses, small non-profits and anyone with seven items or fewer. State and local governments will fund consumer education and promotion of the law. The bill also includes a landfill ban on televisions, computers, laptops and monitors, effective Jan. 1, 2010. The governor has five working days to act once a bill reaches his desk.

Texas House Bill 2714, sponsored by Rep. Dennis Bonnen, was sent to Gov. Rick Perry Monday, May 28, for signature. The bill, which was based on model bill language from Dell Inc. of Round Rock, Texas, applies to computer equipment but not to televisions. The bill requires computer manufacturers selling in the state to establish free and convenient programs to collect and recycle their own brand of desktops, laptops and monitors sold to consumers. Retailers would only be allowed to sell brands of computers that appear on a list of manufacturers with recovery programs. The Texas Commission on Environmental Quality (TCEQ) would maintain the list. In addition, the TCEQ would be required to educate the public regarding the computer recycling program, maintain program information on a Web site, enforce requirements for recycling computer equipment, and compile and issue an annual electronic report to the legislature. Consumers are responsible for clearing information off their computer equipment before turning them in for recycling and disposal. The governor has 20 days to act on the bill, according to the Computer TakeBack Campaign.

“We are thrilled that Texas is the first ‘red state’ to pass a bill holding computer companies accountable for taking back their old products,” Robin Schneider, executive director of Texas Campaign for the Environment and vice chair of the Computer TakeBack Campaign, says. “We applaud the Texas legislature, which unanimously backed the bill on every vote. HB 2714 drew an extremely broad range of support from the business community including Dell, HP and electronic waste recyclers, to local governments and environmental groups.”

Texas and Oregon join Maine, California, Maryland, Washington and Minnesota (which passed its law earlier this month), which have electronics recycling legislation on the books. All of these states laws require manufacturer-funded recycling except California, which uses an advance consumer fee.

Bills are still pending in several state legislatures and New York City. Electronics recycling bills were introduced in 23 states in 2007.