View the complete text of this act

Act No. 79

(S.77)

Conservation and development; solid waste; electronic waste

collection and recycling

This act establishes a program in the agency of natural resources (ANR) for the collection and recycling of electronic waste (e-waste) in Vermont.

The act requires ANR to develop by January 1, 2011, a standard plan for the collection and recycling of e-waste in the state.

At a minimum, the ANR standard plan must:

Beginning July 1, 2010, a manufacturer of a covered electronic device is prohibited from selling a covered electronic device in the state unless the manufacturer registers with the state, labels its covered electronic device with its brand, and pays the relevant registration and implementation fee. The act defines a covered electronic device as a television, computer, computer monitor, printer, or cathode ray tube device.

The act defines a manufacturer of a covered electronic device as a person who:

A manufacturer who sells less than 20 covered electronic devices in a program year is exempt from the requirements of the program.

A manufacturer's registration must include:

A manufacturer may opt out of the standard plan and implement an individual plan approved by ANR. A manufacturer's individual plan must:

The program goal for a manufacturer that submits an individual plan is: The statewide recycling goal multiplied by the individual manufacturer's market share of covered electronic devices.

If a manufacturer operating under an individual plan fails to meet its program goal, it is assessed a surcharge to pay for the cost of collecting that portion of e-waste that the manufacturer failed to collect.

Manufacturers operating under an individual plan must report annually to ANR. The report must include:

Any collection facility operated under a manufacturer's individual plan must be staffed and open to the public at a frequency that meets the needs of the area being served.

Households, charities, school districts, or businesses in the state that employ fewer than 10 people will not be charged for e-waste collection under the standard plan or an individual manufacturer's plan.

Collection facilities under the standard plan or an individual plan may not refuse to accept e-waste from households, charities, school districts, or businesses in the state that employ fewer than 10 people.

Each manufacturer registered under the standard plan or under an individual plan must pay a registration fee.

Each manufacturer operating under the standard plan will pay an implementation fee.

The act establishes a statewide recycling goal by which to measure performance of the e-waste collection and recycling program.

The "base weight" is the average of all electronic waste collected under the standard plan and any individual plan for the previous two program years. The goal attainment percentage is set in the act as follows:

Beginning July 1, 2010, no retailer will be allowed to sell a covered electronic device unless the device is labeled by the manufacturer and the manufacturer of the device is registered with ANR.

Beginning July 1, 2010, e-waste recyclers must register with ANR. Registration is valid for five years. The recycler must provide ANR with contact information and evidence of financial assurance sufficient for the cleanup of the recycler's facility.

Beginning August 1, 2012, a recycler of e-waste must submit an annual report to ANR. The report must include:

Beginning July 1, 2010, collectors and transporters of e-waste must register with ANR. Beginning August 1, 2012, a collector of e-waste must report annually to ANR. The report is to include: the type of e-waste collected; the total weight of e-waste recycled during the preceding program year; and whether e-waste was collected under a standard or an individual plan.

Beginning August 1, 2012, a transporter of e-waste that will not be recycled in Vermont must report annually to ANR the total pounds of e-waste collected and whether it was collected under the standard or an individual plan.

The act establishes responsibilities for ANR. The responsibilities include:

ANR may contract for implementation and administration of the e-waste program, and ANR may adopt rules to implement the e-waste program.

The act bans the disposal of electronic devices in landfills.

Date Signed by the Governor:  April 19, 2010

Effective Date:  On passage (April 19, 2010, the date on which the governor signed the bill)