Digital Transition Seen Driving 2009 State E-Waste Bills
Federal action in 2008 on electronic waste probably won’t deflect a surge of state legislation expected to peak early in 2009 with the digital transition, said industry, environmental group, and state officials. Congressional advocates recently released an e-waste “concept paper” they termed a prelude to a federal bill (CED Feb 26 p3). This year is expected to see at least eight states pass e-waste measures, with nine already having them, officials said.
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State legislatures acting on e-waste “are saying, ‘We're not waiting for Congress to do something,'” said an official representing manufacturers. Introduction of a federal bill would be “significant” for states, but “I'm not sure it would stop them from doing what they are doing now,” he said. He expects eight to 10 states to pass laws this year, he said: “What’s driving it already and what will continue to drive it is the digital transition.” The goad to this trend is a “perception out there” that all analog TVs will be junked come 2009, he said. “That’s simply not the case,” he said.
No legislature will buy into a Capitol Hill “concept paper” with no commitments to introducing a bill or holding hearings, said a retail official. At best, Congress may pass an e-waste bill by 2010, he said, predicting a “another spark” of bills in Q1 2009, post-transition, he said. A “strong” federal bill that “satisfies the interests of the most progressive states” could get some states to pause, said Scott Cassel, executive director of the Product Stewardship Institute, which advises states on recycling policy. A federal law “needs to satisfy the states that are interested in the strongest legislation,” he said. “Otherwise you are still going to have most of the states fighting it.”
Most players lauded the congressional e-waste document as a good starting point. Consumer electronics makers favor a national e-waste recycling system, but want “modifications to this concept paper that make sense,” CEA Environmental Counsel Parker Brugge said. “We're glad to see it has a producer responsibility approach,” Barbara Kyle, national coordinator of environmental group Electronics TakeBack Coalition, said. Other positive proposals are collection goals assigned to manufacturers and proposals for e-waste exports, she said. It’s also encouraging that there will be no preemption of existing state laws, she said.
Calling the concept paper a “comprehensive approach,” a retail official said congressional staff factored in a trend toward producer responsibility. But an official representing manufacturers said the legislative proposals place “too much responsibility on the manufacturer.” It requires little of retailers, not including those that own brands, he said. No manufacturer is urging mandatory in-store retailer take back of used products, he said. “But retailers should participate in some way in the collection piece of it.” Congressional aides want comments on the paper by March 14 after which they plan to hold conferences to develop legislation, they said. - - Dinesh Kumar