Legislation & Policy

The following is an overview of e-waste legislation and policy at the local, state, federal and international levels.

Jump to:

• State & Local Legislation
• Federal Legislation
• International Legislation

State & Local E-Waste Legislation

Extended Producer Responsibility (EPR) Laws

The following states and municipalities have Extended Producer Responsibility (EPR) laws, which place the responsibility for collection and disposal of electronic products at "End-of-Life" (EOL) upon manufacturers. Click on the name of the state or city to go to the text of the law. For more information, including links to state program web sites that may included FAQs, manufacturer guidance, etc., see the Electronics TakeBack Coalition State Legislation page.

Connecticut HB 7249

Hawaii SB 2843

Illinois SB 2313

Indiana HB 1589

Maine Title 38 §1610

Maryland HB 575

Michigan SB 897

Minnesota HF 854

Missouri SB 720

New Jersey A3343 (amended bill); original bill is A3572

New York City (Int. No. 728, establishes program)
New York City (Int. No. 729, establishes goals)

North Carolina S1492 (Omnibus e-waste bill)
North Carolina H819 v. 5 (adds TVs to program)

Oklahoma SB 1631

Oregon HB 2626

Rhode Island H7880 Substitute A

Texas 80(R) HB 2714

Virginia HB 344 Chapter 541

Washington SB 6428

West Virginia SB 746 Sub1

Advanced Recycling Fee (ARF) Laws

Currently, California is the only state with ARF laws. ARF programs require consumers to pay an extra fee during the purchase of electronic products to cover the expense of managing a recycling program. See the Californians Against Waste web site for further information.
California Electronic Waste Recycling Act SB 20
California AB 2901 (cell phone take back and recycling)
California AB 1125 (rechargeable battery take back and recycling)

Summaries and Comparisons

The Electronics TakeBack Coalition (ETBC) provides a Brief Comparison of State Laws on Electronics Recycling, which includes the dates the laws were signed; scope of products covered; whether free recycling is offered and to whom; who pays for recycling; whether the legislation includes language on toxics; collection goals; whether the law includes a ban on the use of prison labor; whether a disposal ban is included; and a link to the text of the bill or law.

ETBC also provides a Scope of Products Covered in E-Waste Laws table for easy comparison of states. This table also includes laws outside the United States of America.

ETBC has compiled a chart comparing volumes of e-waste collected in CA, ME, MN, OR and WA.

Pending State & Local Legislation

See the Electronics TakeBack Coalition (ETBC) web site for information on legislation being considered in 2009. Also, check the Sustainable Electronics Initiative Blog Legislation category for the latest updates on e-waste bills.

Pending Federal Legislation

H.R. 1580: The Electronic Waste Research and Development Act
This bill proposes to authorize the Administrator of the U.S. Environmental Protection Agency to award grants for electronic device recycling research, development, and demonstration projects, and for other purposes. Introduced 3/18/09 in the U.S. House of Representatives. Passed the House (4/22/09) and has been received by the Senate (as of 4/23/09). The above link provides the full text of the bill and outlines bill actions.

The following are links to testimony provided before the U.S. House of Representatives Committee on Science and Technology during a hearing on "Electronic Waste: Investing in Research and Innovation to Reduce, Reuse and Recycle," 2/11/09:

• Testimony of Valerie Thomas, Georgia Institute of Technology
• Testimony of Jeff Omelchuck, Green Electronics Council
• Testimony of Paul Anastas and Julie B. Zimmerman, Center for Green Chemistry and Engineering, Yale University
• Testimony of Phillip J. Bond, TechAmerica
• Testimony of Willie Cade, PC Rebuilders & Recyclers

International Legislation & Policy

Basel Convention: The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, commonly referred to as the Basel Convention, is an international treaty designed to reduce the shipment of hazardous waste between nations. In particular, it is meant to prevent the shipment of hazardous wastes to developing countries, where less strenuous or non-existent environmental laws could allow for the processing of waste in ways that would be forbidden in the waste's country of origin. The Convention encourages the environmentally responsible management of waste as close as possible to its point of generation. The Convention further promotes reduced volume and toxicity of waste generation by all countries that are parties to the Convention, as well as environmentally sound waste management within developing countries. The Basel Ban Amendment (not yet in force, but considered morally binding by parties to the Convention) prohibits export of hazardous waste from a list of developed countries to less developed countries for any reason, including recycling. The Convention came into force in 1992 and has 172 Parties. Among those Parties Afghanistan, Haiti and the United States of America have yet to ratify the treaty. For further information, see the Basel Convention web site, the Basel Action Network web site and the Wikipedia article on the Convention.

Asia
See the Institute of Developing Economies Japan External Trade Organization (IDE-JETRO) publication Promoting 3Rs in Developing Countries - Lessons from the Japanese Experience (published October 2008). Chapter 6 of this publication is A Comparative Study of E-Waste Recycling Systems in Japan, South Korea and Taiwan form the EPR Perspective: Implications for Developing Countries, written by Sung-Woo Chung and Rie Murakami-Suzuki.

See also the Japan for Sustainability article (dated 6/3/09), Revised Law Requires Recycling of Additional Home Appliances.

Canada
Alberta Electronics Designation Regulation (Alberta Regulation 94/2004). The Alberta Recycling Management Authority (ARMA) manages the recycling scheme and collects fees from retailers, wholesalers, distributors and manufacturers.

British Columbia Recycling Regulation (B.C. Reg. 449/2004). Requires producers to develop a product stewardship plan or comply with such a plan for specific products. See Schedule 3 - Electronic and Electrical Product Category.

Nova Scotia Solid Waste Resource Management Regulations (N.S. Reg. 25/96). See Sections 18J-18Q for information on the Electronic Products Stewardship Program.

Ontario Waste Electronic and Electronic Equipment Regulation (O. Reg. 393/04). See the Waste Diversion Ontario web site for more information.

Saskatchewan Waste Electronic Equipment Regulations (R.R.S. c.E-10.21 Reg. 4). See the Saskatchewan Waste Electronic Equipment Program (SWEEP) web site for more information. SWEEP is "a non-profit corporation established by manufacturers, retailers, and other stakeholders for the purpose of coordinating the collection and recycling of obsolete electronic equipment."

See also "E-Waste Legislation Grows in Canada" by Dr. Katalin Feszly and James Calder, originally published in Green SupplyLine, 2/19/07 and "E-Waste Product Stewardship in Canada" by Robert Fishlock and Michelle Chaisson. Each of these articles provides further information on proposed bills in other Canadian provinces.

Europe
Waste Electrical and Electronic Equipment (WEEE) Directive (2002/96/EC): This European Union legislation requires manufacturers of electrical and electronic equipment to provide for free collection and recycling of said equipment. See the European Commission WEEE page and the UK NetRegs site for more information on specific requirements and exemptions.
Designed by Paul Bonomini, the WEEE Man is a huge sculpture made from the amount of e-waste produced by an average UK citizen in a lifetime.

The Directive on the restriction of the use of certain hazardous substances in electrical and electronic equipment (2002/95/EC): Commonly referred to as the Restriction of Hazardous Substances Directive or RoHS, bans the use of six hazardous substances beyond agreed upon levels in the manufacture of electronics and electrical equipment if those products are intended for sale in the European Union (EU) market. Those six substances are: lead, cadmium, mercury, hexavalent chromium, polybrominated biphenyl (PBB) and polybrominated diphenyl ether (PBDE) flame retardants. See the UK National Measurement Office (NMO) site on RoHS.

If you would like to suggest laws or policies not mentioned above for inclusion on this page, please contact Joy Scrogum.