79R4566 SMH-D
By: Naishtat H.B. No. 1359
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a program for the disposition of
electronic equipment in a manner that protects the water and other
natural resources of the state; providing a criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 361, Health and Safety Code, is amended
by adding Subchapter X to read as follows:
SUBCHAPTER X. ELECTRONIC EQUIPMENT
Sec. 361.851. DEFINITIONS. In this subchapter:
(1) "Electronic equipment" means equipment that
depends on electric current or an electromagnetic field to work
properly and that contains one or more printed circuit boards. The
term includes:
(A) computer equipment, including a central
processing unit or a peripheral device, including a display
monitor, keyboard, or printer;
(B) video equipment, including a television;
(C) telecommunications equipment, including a
wireline or cellular telephone, facsimile machine, or answering
machine;
(D) a small electronic device or appliance;
(E) audio equipment;
(F) a toy, game, or educational device; or
(G) a major household appliance.
(2) "Electronic equipment waste" means electronic
equipment or a component of electronic equipment that has been
discarded, become obsolete, or ceased to function, is no longer
wanted by its owner, or for any other reason enters the collection,
recovery, treatment, processing, or recycling system.
(3) "Historical waste" means electronic equipment
that:
(A) became electronic equipment waste before
September 1, 2005; and
(B) was manufactured by or bears the brand name
of a company that was still in business on September 1, 2005.
(4) "Orphan waste" means electronic equipment that:
(A) became electronic equipment waste before
September 1, 2005; and
(B) was manufactured by or bears the brand name
of a company that was no longer in business on September 1, 2005.
(5) "Plan" means a plan for producer-financed
collection, treatment, recovery, reuse, recycling, and disposition
of electronic equipment waste required by Section 361.853.
(6) "Producer" means any person, without regard to the
sales technique or channel used to sell the person's products,
including means of distance communication, that:
(A) manufactures and sells electronic equipment
under its own brand;
(B) resells under its own brand electronic
equipment produced by another manufacturer; or
(C) imports electronic equipment for first sale
in this state.
(7) "Recycling" means the reprocessing of electronic
equipment or components of electronic equipment that have become
electronic equipment waste so that they may be used for the purpose
for which they were designed or for other purposes. The term does
not include the recovery of energy or energy generation by means of
combusting electronic equipment waste with or without other waste.
(8) "Reuse" means an operation by which electronic
equipment or components of electronic equipment that have become
electronic equipment waste are used for the purpose for which they
were designed.
Sec. 361.852. COMMISSION POWERS AND DUTIES. The commission
shall:
(1) implement this subchapter; and
(2) include in its biennial reports under Section
5.178, Water Code, any recommendations regarding amendments to this
subchapter.
Sec. 361.853. PLAN APPROVAL AND IMPLEMENTATION REQUIRED. A
producer may not sell or resell electronic equipment in this state
unless:
(1) the commission approves a plan submitted by the
producer under this subchapter; and
(2) the producer implements the approved plan.
Sec. 361.854. CONTENTS OF PLAN. A plan must include:
(1) provisions for meeting the requirements of this
subchapter regarding financing the collection, treatment,
recovery, reuse, recycling, and disposition of:
(A) the electronic equipment sold by the producer
in this state; and
(B) the producer's share of the orphan waste and
historical waste in this state;
(2) provisions for meeting the requirements of this
subchapter regarding product recovery and component and material
recycling;
(3) a description of:
(A) the performance measures to be used and
reported by the producer to determine whether the producer is
meeting the requirements described by Subdivision (2); and
(B) any other measures to be used in evaluating
the producer's implementation of the plan;
(4) a description of the alternative or additional
actions to be taken by the producer to meet the requirements
described by Subdivision (2) if those requirements are not being
met;
(5) provisions for meeting the requirements of this
subchapter regarding labeling of electronic equipment and
education of consumers, recyclers, and processors;
(6) documentation of the willingness of all necessary
parties to implement the proposed plan for the collection,
treatment, recovery, reuse, recycling, and disposition of
electronic equipment and electronic equipment waste;
(7) assurance that all facilities to be used to
collect, treat, recover, reuse, recycle, or dispose of electronic
equipment or electronic equipment waste will comply with all
applicable existing environmental laws, rules, and regulations;
and
(8) a financial guarantee in the amount determined in
accordance with a schedule adopted by the commission by rule to be
sufficient to ensure that the costs of enforcing the plan and of
managing the producer's share of orphan and historical waste is not
borne by the public.
Sec. 361.855. FINANCIAL RESPONSIBILITY OF PRODUCERS. (a)
Each producer of electronic equipment sold or resold in this state
shall implement a program for financing the environmentally sound
collection, treatment, recovery, reuse, recycling, and disposition
of:
(1) the electronic equipment sold or resold by that
producer that becomes electronic equipment waste; and
(2) the producer's share of orphan waste and
historical waste derived from electronic equipment of a type sold
by that producer.
(b) Producers may satisfy the requirements of this section
individually or in cooperation with other producers.
(c) Although a producer is encouraged to provide in the plan
for direct collection or reverse delivery systems, the plan may
require consumers and other electronic equipment end users to
deliver electronic equipment waste into the collection system. The
plan must permit consumers to return electronic equipment waste
without charge.
Sec. 361.856. PRODUCER'S SHARE OF ORPHAN AND HISTORICAL
WASTE. (a) A producer's share of orphan waste and historical waste
derived from electronic equipment of a type sold by the producer is
proportional to the producer's share of the market for that type of
equipment at the time waste management costs are incurred.
(b) The commission shall determine annually the market
share of each producer for purposes of this section.
Sec. 361.857. LABELING OF EQUIPMENT. Each producer of
electronic equipment sold or resold in this state must mark or label
the equipment to provide consumers and other end users with
information relating to:
(1) the hazardous materials contained in the
electronic equipment and the components of the electronic equipment
containing those materials;
(2) the restrictions on the manner of disposal of
electronic equipment waste provided by Section 361.868 and the
producer's plan; and
(3) a toll-free telephone number or Internet website
address at which consumers and other end users of electronic
equipment may obtain information and instructions about the
procedure for disposing of the electronic equipment that becomes
electronic equipment waste.
Sec. 361.858. CONSUMER EDUCATION PLAN. Each producer of
electronic equipment sold or resold in this state must implement a
consumer education plan designed to ensure that consumers and other
end users of electronic equipment understand:
(1) the restrictions on the manner of disposal of
electronic equipment waste provided by Section 361.868 and the
producer's plan;
(2) the systems available for returning and collecting
electronic equipment waste;
(3) the potential effects on the environment and human
health of the presence of hazardous substances in electronic
equipment and the dangers of improper disposal of that equipment;
and
(4) the roles of consumers and other end users in
contributing to the reuse or recycling of electronic equipment or
to other means of recovering electronic equipment waste.
Sec. 361.859. PROVISION OF INFORMATION TO RECYCLERS AND
PROCESSORS. (a) A producer's plan must require the producer to
demonstrate that the producer will take adequate measures to
provide information to recyclers and processors of the producer's
electronic equipment.
(b) Not later than the first anniversary of the date a
producer begins selling or reselling electronic equipment in this
state, the producer shall provide to recyclers and processors
information regarding the following matters for purposes of
end-of-life treatment of the equipment:
(1) disassembly of the equipment;
(2) the material contained in the equipment; and
(3) safety concerns associated with the equipment.
Sec. 361.860. ENVIRONMENTAL PERFORMANCE REQUIREMENTS. (a)
For orphan and historical waste, a producer is responsible for
demonstrating:
(1) not later than the second anniversary of the date
the commission approves the producer's plan, that the producer is
collecting in this state at least two kilograms of electronic
equipment waste per person each year and is reusing or recycling at
least 1.5 kilograms per person each year of that waste; and
(2) not later than the fifth anniversary of the date
the commission approves the producer's plan, that the producer is
collecting in this state at least four kilograms of electronic
equipment waste per person each year and is reusing or recycling at
least 3.5 kilograms per person each year of that waste.
(b) For electronic equipment waste other than orphan or
historical waste, a producer is responsible for demonstrating:
(1) not later than the second anniversary of the date
the commission approves the producer's plan, that the producer is
recovering at least 75 percent by number of the producer's products
sold or resold in this state and is reusing or recycling at least 65
percent of the components and materials contained in the producer's
products sold or resold in this state; and
(2) not later than the fifth anniversary of the date
the commission approves the producer's plan, that the producer is
recovering at least 95 percent by number of the producer's products
sold or resold in this state and is reusing or recycling at least 95
percent of the components and materials contained in the producer's
products sold or resold in this state.
Sec. 361.861. RESTRICTIONS ON USE OF PRISON LABOR. A plan
may not include reliance on prison labor unless all incarcerated
workers involved in the processing and recycling of electronic
equipment waste are:
(1) provided with compensation equivalent to market
rate wages for the work performed; and
(2) afforded the protections of:
(A) state occupational safety and health laws,
rules, and regulations; and
(B) the worker safety and health protections
required by Section 361.865.
Sec. 361.862. PROHIBITION ON EXPORTING ELECTRONIC
EQUIPMENT WASTE. A plan must prohibit the export of electronic
equipment waste to any country that is not a member of the
Organization for Economic Cooperation and Development.
Sec. 361.863. SUBMISSION, REVIEW, AND APPROVAL OF PLAN.
(a) A producer that desires to sell or resell electronic equipment
in this state must submit a plan to the commission for review. The
plan must be accompanied by an application fee in an amount
determined by the commission to be sufficient to cover the cost of
reviewing the plan.
(b) The commission shall review a plan submitted under this
section. If the commission determines that the plan does not meet
the requirements of this subchapter, the commission shall advise
the producer of any necessary amendments to the plan and provide the
producer an opportunity to submit an amended plan.
(c) The commission shall approve a plan if the plan meets
the requirements of this subchapter.
Sec. 361.864. RESTRICTIONS ON HAZARDOUS MATERIALS. (a) A
producer may not sell electronic equipment in this state that
contains:
(1) lead;
(2) mercury;
(3) cadmium;
(4) hexavalent chromium;
(5) brominated flame retardants; or
(6) polyvinyl chloride.
(b) The commission by order may allow a producer to sell
electronic equipment in this state that contains a substance
prohibited by Subsection (a) for a period specified by the
commission if the producer demonstrates that it is not technically
possible to produce the type of electronic equipment in question
without using that substance.
(c) The commission may rescind an order issued under
Subsection (b) if the commission subsequently determines that it is
technically possible to produce the type of electronic equipment in
question without using the substance in question.
Sec. 361.865. WORKER SAFETY AND HEALTH PROTECTIONS. An
owner or operator of a facility used to collect, recover, or recycle
electronic equipment waste as part of a plan must protect the health
and safety of the persons employed at the facility by:
(1) providing to the commission in the manner provided
by commission rule clear evidence of compliance with all applicable
state and federal occupational safety and health laws, rules, and
regulations;
(2) performing routine industrial hygiene monitoring
of the facility for all hazardous materials of concern, including
monitoring for airborne lead and bromine, chlorine, and mercury
compounds, and reporting the results of that monitoring to the
commission quarterly; and
(3) performing routine human health monitoring, in
accordance with all applicable laws governing protection of
privacy, of all persons employed at the facility, including
conducting blood tests to determine whether persons have been
exposed to airborne lead and bromine, chlorine, and mercury
compounds, and reporting the results of that monitoring to the
commission quarterly.
Sec. 361.866. STATE PURCHASING AND LEASING. Each state
agency shall adopt policies that:
(1) require vendors of electronic equipment sold or
leased to the state to reclaim the equipment when it becomes
electronic equipment waste; and
(2) establish a preference for purchasing or leasing
electronic equipment that meets specified environmental
performance standards relating to the reduction or elimination of
hazardous materials.
Sec. 361.867. REPORTS. (a) Each producer must submit an
annual report to the commission detailing the producer's:
(1) implementation of the producer's plan; and
(2) compliance with this subchapter.
(b) The annual report must document that the implementation
of the plan has not resulted in the export of electronic equipment
waste to any country that is not a member of the Organization for
Economic Cooperation and Development.
(c) The commission shall review the report not later than
the 180th day after the date the report is submitted. If the
commission determines that the producer is not in compliance with
this subchapter, the commission shall notify the producer not later
than the end of the following quarter. If the producer fails to
comply with this subchapter by the end of the quarter following the
quarter in which the notice is given, the commission may take action
to enforce this subchapter.
(d) The commission shall post on the commission's Internet
website:
(1) the annual report required by this section for the
current year and the two preceding years; and
(2) any other report detailing the implementation of
the producer's plan for the current year and the two preceding
years.
Sec. 361.868. BAN ON INCINERATION OR DISPOSAL IN LANDFILL.
(a) Electronic equipment and electronic equipment waste may not be
disposed of in a landfill, incinerator, or cement kiln or used for
another form of energy recovery or energy generation dependent on
combustion of the waste.
(b) This section applies to whole units of electronic
equipment waste as well as to the constituent components or
materials from which the units are made.
Sec. 361.869. IMMUNITY FROM LIABILITY. An owner or
operator of a landfill who disposes of electronic equipment or
electronic equipment waste in a landfill is immune from liability
under this code or the Water Code for disposing of the electronic
equipment or electronic equipment waste in violation of this
subchapter if:
(1) the electronic equipment or electronic equipment
waste was commingled with other solid waste; and
(2) the owner or operator did not know when the owner
or operator accepted the other solid waste for disposal that it was
commingled with electronic equipment or electronic equipment
waste.
SECTION 2. Subchapter E, Chapter 7, Water Code, is amended
by adding Section 7.1855 to read as follows:
Sec. 7.1855. KNOWING UNAUTHORIZED DISPOSAL OF ELECTRONIC
EQUIPMENT OR ELECTRONIC EQUIPMENT WASTE. (a) A person commits an
offense if the person knowingly disposes of electronic equipment or
electronic equipment waste in a manner that violates Subchapter X,
Chapter 361, Health and Safety Code.
(b) An offense under this section is a Class C misdemeanor.
SECTION 3. (a) Each producer who is engaged in the sale or
resale of electronic equipment in this state on September 1, 2005,
must:
(1) submit to the Texas Commission on Environmental
Quality a plan required by Section 361.853, Health and Safety Code,
as added by this Act, not later than March 1, 2006;
(2) provide to the Texas Commission on Environmental
Quality a financial guarantee required by Section 361.854(8),
Health and Safety Code, as added by this Act, not later than the
earlier of:
(A) September 1, 2006; or
(B) the date the producer's plan is approved
under Section 361.863(c), Health and Safety Code, as added by this
Act;
(3) except as provided by Subdivision (4) of this
subsection, implement a plan required by Section 361.853, Health
and Safety Code, as added by this Act, not later than September 1,
2007; and
(4) comply with Sections 361.857 and 361.859(b),
Health and Safety Code, as added by this Act, not later than
September 1, 2006.
(b) Each state agency shall adopt policies under Section
361.866, Health and Safety Code, as added by this Act, not later
than March 1, 2006.
SECTION 4. (a) Except as otherwise provided by this
section, this Act takes effect September 1, 2005.
(b) Section 361.864, Health and Safety Code, as added by
this Act, takes effect January 1, 2008.
(c) Sections 361.868 and 361.869, Health and Safety Code,
and Section 7.1855, Water Code, as added by this Act, take effect
September 1, 2007.