ELECTRONIC WASTE RECYCLING ACT CLEARS ASSEMBLY COMMITTEE

Measure Would Make New Jersey Fifth State to Create Responsible System
For Collecting, Reusing, Disposing Chemical-Laden Computers, Televisions

(TRENTON) -- An Assembly committee today released legislation Assemblymen Reed Gusciora, Peter J. Barnes, John F. McKeon, Upendra J. Chivukula and Robert M. Gordon sponsored to establish a statewide collection and recycling program for used computers and other electronic products laced with toxic metals and dangerous chemicals.
The bill (A-3572) -- the Electronic Waste Recycling Act -- would ban the disposal of applicable electronic devices and component parts as solid waste effective January 1, 2009. The measure also would require $5,000-a-year state registration fees for electronics producers.

The measure would help New Jersey meet the mounting challenge of how to deal with the most rapidly growing component of the state's waste stream: electronic waste, or "e-waste." Television sets, computers and other information age devices are laden with lead, mercury, cadmium, lithium, phosphorous coatings, PVC plastics and other environmentally harmful agents. These toxic materials pose a threat to human health if burned or if they leach into water supplies.

If enacted, New Jersey would join California, Washington, Maryland and Maine as states that have enacted laws to control e-waste and encourage the recycling of electronic products.

"Many people don't realize that their television sets, computers and even their cell phones are veritable compendiums of the periodic table," said Gusciora. "The circuit boards, batteries and liquid crystal displays produce a threat to human health and the environment. We need to make it as easy for people to responsibly get rid of these products as it is for them to purchase them."

The legislation would ensure that manufacturers and residents use safe and environmentally-sound management practices when discarding unwanted electronics including personal computers and television sets. In 2005, businesses and citizens across the country replaced 65 million computers and discarded 130 million cellphones according to the Computer Takeback Campaign, an environmental group that advocates for electronic-waste regulations.

"Each year New Jerseyans discard thousands of end-of-life electronics that contain toxic metals and chemicals," said Barnes (D-Middlesex). "The preponderance of New Jerseyans want to keep these substances out of the environment and this proposed law would help accomplish this objective."

"Consumer electronic products become obsolete at staggering rates," said McKeon (D-Essex). "The tossing of old computers, cell phones, and other devices present overwhelming challenges and it is an area of waste disposal that needs prompt and thorough attention by the state."

The bill would require every retailer to clearly post and provide information from the state's Department of Environmental Protection (DEP) that would describe how to recycle the covered electronic device, in addition to the locations for the collection or return of the device.

The DEP also would offer a Web site, a toll-free telephone number, information included in the packaging, or information provided accompanying the sale of a covered electronic device, such as a television or copier.

The bill would direct the DEP to maintain on its Web site a list of all manufacturers in compliance with the requirements of the Electronic Waste Recycling Act. The measure also would require the DEP to post a plan that would establish the per-capita collection and recycling goals and methods for achieving these goals. The DEP would be directed to update the posted plans every three years.

"While electronic waste still represents only a small portion of the overall waste stream, its potential impact on the environment and public health is enormous," said Chivukula (D-Somerset). "We have to get a better handle on the problem."

"Yesterday's hottest electronic trend too often ends up as today's environmental headache," said Gordon (D-Bergen). "The days of allowing the disposal of electronic devices to be legal should be numbered."

The bill would require the DEP to engage in competitive bidding for the collection, transportation, and recycling of covered electronic devices. The DEP would establish performance standards for collectors, transporters, and recyclers and to maintain on its Web site a list of collectors, transporters, and recyclers that have met these performance standards.

The legislation also would require manufacturers or groups of manufacturers conducting their own collection, transportation, and recycling program to submit an annual report to the DEP, which would include the results of an auditable sampling with the weight of the electronic waste as well as documentation verifying collection and recycling of such devices.

Manufacturers that collect, transport, and recycle covered electronic devices in excess of their obligation may sell their excess credits to another registrant or apply the excess credits to the following year’s recycling obligation.

Any manufacturer that fails to comply with the terms of its approved plan would be required to submit payment to the DEP to cover the cost of collecting, transporting and recycling the unmet portion of its obligation, plus a penalty fee equal to the cost of collecting, transporting and recycling 10 percent of the manufacturer's total obligation.

The State Attorney General and the DEP would be authorized to enforce the bill's provisions and initiate independent action for non-compliance with the measure’s regulations.

The Assembly Environmental and Solid Waste committee released the measure after a 5 to 2 vote. It now goes to the Assembly Speaker, who decides if and when to post if for a floor vote.

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FOR RELEASE:
January 22, 2007
Assemblyman Gusciroa
(609) 292-0500
Assemblyman Barnes
(732) 548-1406
Assemblyman McKeon
(973) 275-1113
Assemblyman Chivukula
(732) 247-3999
Assemblyman Gordon
(201) 703-9779
Alescia Teel
(609) 292-7065