00 CS FOR SENATE BILL NO. 61(RES) 01 "An Act relating to an electronic product stewardship program; relating to collection, 02 recycling, and disposal of electronic equipment; establishing the electronics recycling 03 advisory council; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05  * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 LEGISLATIVE FINDINGS AND INTENT. The activities authorized by 08 AS 46.06.200 - 46.06.290, added by sec. 9 of this Act, require collaboration among 09 manufacturers, electronics producer responsibility organizations, and other entities that 10 perform activities directly related to manufacturer e-scrap programs. These activities will 11 enable collection, recycling, and disposal of covered electronic devices in a safe and effective 12 manner, which is in the best interest of the public. The benefits of collaboration, together with 13 the active state supervision provided by the Department of Environmental Conservation under 14 AS 46.06.200 - 46.06.290, outweigh potential adverse effects. Therefore, the legislature 01 intends to provide immunity through the state action doctrine from federal antitrust laws for 02 participating in manufacturer e-scrap programs as required by AS 46.06.200 - 46.06.290. 03  * Sec. 2. AS 45.50.572(b) is amended to read: 04 (b) AS 45.50.562 - 45.50.596 do not forbid actions or arrangements authorized 05 or regulated under the laws of the United States that exempt these actions or 06 arrangements from application of the antitrust laws of the United States or under the 07 following statutes of this state: 08 (1) AS 06.05.235 and 06.05.570; 09 (2) AS 10.15; [AND] 10 (3) AS 31.05.110; and  11 (4) AS 46.06.200 - 46.06.290. 12  * Sec. 3. AS 46.06.100 is amended to read: 13 Sec. 46.06.100. Notice to public. The penalties imposed for littering shall be 14 posted along the public highways of the state, at visitor centers, at entrances to state 15 parks and recreational areas, at public beaches, and at other publicly owned public 16 places the commissioner determines necessary to accomplish the purposes of 17 AS 46.06.010 - 46.06.150 [THIS CHAPTER]. The state agency or municipality 18 responsible for litter removal from a public place shall post the notice required by this 19 section.  20  * Sec. 4. AS 46.06.110 is amended to read: 21 Sec. 46.06.110. Enforcement authority. (a) The following persons are 22 authorized to enforce the provisions of AS 46.06.010 - 46.06.150 [THIS CHAPTER]:  23 (1) a state employee authorized by the commissioner; and 24 (2) a peace officer. 25 (b) The department shall prescribe a citation form, which shall be used by all 26 peace officers and persons in the state who are authorized to enforce the provisions of 27 AS 46.06.010 - 46.06.150 [THIS CHAPTER]. The citation form must meet the 28 requirements of AS 12.25.175 - 12.25.230. 29  * Sec. 5. AS 46.06.120 is amended to read: 30 Sec. 46.06.120. Grants. The department may make grants to state agencies, to 31 municipalities, and to private organizations including nonprofit organizations for the 01 establishment and operation of programs authorized under AS 46.06.010 - 46.06.150 02 [THIS CHAPTER]. A grant under this section may not exceed 18 months. A program 03 qualifying for a grant under this section may include  04 (1) courses of instruction at, or the distribution of informative 05 materials to, elementary and secondary schools; 06 (2) purchase and erection of roadside signs; 07 (3) organization and operation of litter removal activities conducted by 08 municipalities, private organizations or, service groups using volunteer help; 09 (4) a public information program to inform the public concerning the 10 reduction of litter using the media including use of the electronic media; 11 (5) expansion of existing, and planning, design, and construction of 12 new, facilities for the recovery of materials and energy from litter; 13 (6) research and evaluation of markets for the materials and energy 14 recovered from litter; 15 (7) advice and assistance, including information and consultation on 16 available technology, operating procedures, organizational arrangements, markets for 17 materials or energy obtained from litter, transportation alternatives, and publicity 18 techniques; 19 (8) surveys by public agencies or recognized research organizations to 20 assess the amount and composition of litter [,] and rates of littering; 21 (9) the purchase of litter receptacles; 22 (10) the creation or expansion of litter law enforcement programs; 23 (11) the initial purchase or lease of recycling equipment, the cost of 24 operating that equipment, and the cost of storing and transporting materials before and 25 after those materials are recycled. 26  * Sec. 6. AS 46.06.130(a) is amended to read: 27 (a) The department shall adopt regulations under AS 44.62 (Administrative 28 Procedure Act) that establish 29 (1) eligibility requirements for applicants for a grant under 30 AS 46.06.120; 31 (2) standards for the evaluation of proposals submitted by applicants 01 for grants under AS 46.06.120; and 02 (3) other conditions for the receipt of a grant under AS 46.06.120 that 03 are necessary to achieve the purposes of AS 46.06.010 - 46.06.150 [THIS 04 CHAPTER]. 05  * Sec. 7. AS 46.06.140 is amended to read: 06 Sec. 46.06.140. Federal requirements. If a federal department or agency 07 issues a formal ruling that a section of AS 46.06.010 - 46.06.150 [THIS CHAPTER] 08 will prevent the state from receiving federal financial participation in a program or 09 activity established under AS 46.06.010 - 46.06.150 [THIS CHAPTER], the section 10 does not apply to the extent that it causes the program or activity to lose federal 11 funding.  12  * Sec. 8. AS 46.06.150 is amended to read: 13 Sec. 46.06.150. Definitions. In AS 46.06.010 - 46.06.150 [THIS CHAPTER],  14 (1) "beverage container" means the individual, separate, sealed glass, 15 metal or plastic bottle, can, jar or carton containing beer or other malt beverages or 16 carbonated soft drinks, in liquid form; 17 (2) ["COMMISSIONER" MEANS THE COMMISSIONER OF 18 ENVIRONMENTAL CONSERVATION; 19 (3)] "degradable" means a characteristic of a material that allows the 20 material to be broken down by biological, chemical, photochemical, or other physical 21 processes 22 (A) within two years upon exposure to natural elements; and 23 (B) to a particle size and chemical composition that may be 24 assimilated harmlessly and aesthetically into the environment without 25 producing a residue or by-product determined by the department to be 26 hazardous; 27 (3) [(4) "DEPARTMENT" MEANS THE DEPARTMENT OF 28 ENVIRONMENTAL CONSERVATION; 29 (5)] "litter" means all waste material including disposable packages or 30 containers disposed of in a manner prohibited by AS 46.06.080, but does not include 31 the wastes of the primary processes of mining or other extraction process, logging, 01 sawmilling, farming, or manufacturing; 02 (4) [(6)] "litter bag" means a bag, sack, or other container made of any 03 material that [WHICH] is large enough and suitable to serve as a receptacle for litter 04 inside a vehicle or vessel; 05 (5) [(7)] "public place" means public or private property that is used or 06 held out for use by the public, whether owned or operated by public or private 07 interests, including [BUT NOT LIMITED TO] highways or other roads on [UPON] 08 which vehicles are moved, parks, campgrounds, trailer parks, drive-in and fast food 09 restaurants, gasoline service stations, marinas, boat launching areas, boat moorage and 10 fueling stations, public and private piers, beaches, bathing areas, school grounds, 11 sporting event sites with seating capacity for more than 200 spectators, business 12 district sidewalks, parking lots for taverns, shopping centers and grocery stores, and 13 other parking lots if they have a capacity for more than 50 vehicles; 14 (6) [(8)] "vehicle" means a mechanically driven device of any kind that 15 is used for the transportation of a person or property on a public highway, trail, or 16 path; 17 (7) [(9)] "vessel" means all descriptions of watercraft used or capable 18 of being used as a means of transportation on the water. 19  * Sec. 9. AS 46.06 is amended by adding new sections to read: 20 Article 2. Electronic Product Stewardship Program. 21 Sec. 46.06.200. Manufacturer registration. (a) By June 30, 2028, and 22 annually thereafter, a manufacturer of covered electronic devices sold in the state shall 23 register with the department, for a period to cover the upcoming calendar year, by 24 completing and submitting to the department the registration form prescribed by the 25 department. The registration must include 26 (1) a list of all brands and labels under which the manufacturer's 27 covered electronic devices are offered for sale in the state; 28 (2) the weight of all individual covered electronic devices by covered 29 electronic device category sold or offered for sale under any of the manufacturer's 30 brands or labels in the United States during the previous two calendar years before the 31 applicable calendar year; and 01 (3) any other information required by the department to implement 02 AS 46.06.200 - 46.06.290. 03 (b) If a manufacturer's covered electronic devices are sold or offered for sale 04 in the state during a calendar year under a brand that is not listed in the manufacturer's 05 registration, the manufacturer shall amend the registration to add the brand within 30 06 days after the first sale or offer for sale under that brand. 07 (c) A manufacturer subject to this section shall pay the program administration 08 fee established under AS 46.06.230(e) to the department at the time of submission of 09 the manufacturer's registration under (a) of this section. 10 Sec. 46.06.210. Manufacturer e-scrap program plans; manufacturer and  11 electronics producer responsibility organization responsibilities. (a) Beginning in 12 2028, a manufacturer of covered electronic devices in the state shall submit a proposed 13 manufacturer e-scrap program plan to the electronics recycling advisory council by 14 March 31 for the upcoming calendar year. Upon receiving feedback from the council, 15 the manufacturer shall make any necessary changes based on the feedback and submit 16 a manufacturer e-scrap program plan to the department at the time of submission of 17 the manufacturer's registration under AS 46.06.200. A manufacturer may satisfy the 18 requirements of this subsection through an electronics producer responsibility 19 organization. A manufacturer e-scrap program plan must include 20 (1) contact information for the manufacturer or electronics producer 21 responsibility organization and a comprehensive list of all manufacturers participating 22 in the plan for the upcoming calendar year and the contact information for all 23 participants; 24 (2) a description of the transportation and recycling systems, service 25 providers, collectors, and processors used; 26 (3) a description of how the manufacturer or electronics producer 27 responsibility organization communicated with and sought input from local 28 governments and tribes operating electronics recycling programs; 29 (4) a description of how the manufacturer or electronics producer 30 responsibility organization will 31 (A) work with local governments and tribes as collectors; 01 (B) seek to use businesses or organizations in the state, 02 including retailers, charities, processors, local organizations, local health care 03 facilities, and collection and transportation services; and 04 (C) provide fair financial compensation to collection sites for 05 services, including collecting, storing, managing, and transporting covered 06 electronic devices; 07 (5) the methods for the reasonably convenient collection of all types of 08 covered electronic devices in rural and urban areas throughout the state, including the 09 quantity and locations of the program collection sites and single-day collection events 10 required under AS 46.06.220(a); 11 (6) a description of how the plan will provide service to all covered 12 entities in the state; 13 (7) the processes and methods used to recycle covered electronic 14 devices and eligible electronic devices, including a description of the processing that 15 will be used and the facility location; 16 (8) a description of how covered electronic devices and eligible 17 electronic devices that are suitable for reuse will be identified and diverted for reuse; 18 (9) documentation of audits of each processor used in the plan and 19 compliance with the plan's processing standards; 20 (10) a description of the accounting and reporting systems that will be 21 employed; 22 (11) a timeline that describes startup, implementation, and progress 23 toward milestones with anticipated results; 24 (12) a description of the public information campaign that will be used 25 to inform covered entities, communities, and consumers about how to recycle covered 26 electronic devices at the end of the life of the product and examples of outreach 27 materials for the campaign; 28 (13) a description of how manufacturers participating in the plan will 29 communicate and work with processors to promote and encourage design of electronic 30 products and components for recycling; and 31 (14) if two or more manufacturers are participating in an electronics 01 producer responsibility organization, a certification that the methodology used to 02 allocate responsibility among participating manufacturers will comply with (c) of this 03 section. 04 (b) If the department determines that a manufacturer e-scrap program plan 05 fails to meet the requirements in this section, the manufacturer or electronics producer 06 responsibility organization shall submit an updated plan to the department within 30 07 days after the date of disapproval. 08 (c) A manufacturer shall assume financial responsibility for all costs 09 associated with implementing a manufacturer e-scrap program plan after approval. An 10 electronics producer responsibility organization shall allocate a participating 11 manufacturer's financial responsibility by 12 (1) calculating the manufacturer's market share for each covered 13 electronic device category based on the total weight of all individual covered 14 electronic devices sold or offered for sale in each category under any of the 15 manufacturer's brands or labels in the United States during the previous two calendar 16 years before the applicable calendar year; and 17 (2) adding the percentages calculated under (1) of this subsection. 18 (d) If a manufacturer e-scrap program fails to provide collection site services 19 in each community as required under AS 46.06.220(a) or meet other plan 20 requirements, the manufacturer or electronics producer responsibility organization 21 shall submit a revised plan to the department within 60 days after the failure that 22 addresses how the manufacturer e-scrap program will be adjusted to meet the 23 requirements. 24 (e) A manufacturer or electronics producer responsibility organization shall 25 notify the department of any modification to the manufacturer e-scrap program plan. If 26 the department determines that the manufacturer or electronics producer responsibility 27 organization significantly modified the plan, the manufacturer or electronics producer 28 responsibility organization shall submit a revised plan that describes the modifications 29 within 60 days after the department's determination. 30 (f) Beginning in 2030, a manufacturer or electronics producer responsibility 31 organization with an approved manufacturer e-scrap program plan for the previous 01 calendar year shall file an annual report with the department on or before March 31 02 that covers the previous calendar year. The annual report must include 03 (1) the collection services provided in each community, including a list 04 of all collection sites and services operating in the state in the previous calendar year 05 and who operated the sites; 06 (2) a list of processors used, including subcontractors that further 07 process or recycle covered electronic devices or electronic components used, the 08 weight of covered electronic devices and eligible electronic devices processed by each 09 processor, and a description of the processes and methods used to recycle the devices, 10 including a description of the processing and facility locations; 11 (3) an estimate of the weight of each type of material recovered from 12 the processing of recycled collected devices; types of material recovered must include, 13 at a minimum, cathode ray tube glass, circuit boards, batteries, mercury-containing 14 devices, plastics, and metals; 15 (4) an estimate of the percentage, by weight, of all collected devices 16 that are reused, recycled, or become residual waste disposed of in another manner; 17 (5) the outreach efforts that were undertaken; 18 (6) a list of manufacturers that participated in the plan; 19 (7) a description of program revenue and costs, including the total cost 20 of the program and the average cost of the program per pound of covered electronic 21 devices and eligible electronic devices collected; 22 (8) a detailed accounting of the following costs of the program: 23 (A) program delivery, including 24 (i) education and promotional efforts; 25 (ii) collection; 26 (iii) transportation; and 27 (iv) processing and labor; and 28 (B) program administration; and 29 (9) a description of the methods used by the program to collect, 30 transport, recycle, and process collected devices. 31 (g) To the extent feasible, manufacturers and electronics producer 01 responsibility organizations shall collaborate with electronic product retailers, utilities 02 furnishing solid waste material collection and disposal services, recyclers, charities, 03 tribes, local governments, and other businesses in the state in the development and 04 implementation of the program plan. 05 Sec. 46.06.220. Collection site requirements; collector responsibilities. (a) 06 Beginning in 2029, a manufacturer or electronics producer responsibility organization 07 shall, at a minimum, operate program collection sites and collection events in the 08 following quantities during a calendar year depending on community populations as 09 determined by the most recent decennial census conducted by the United States 10 Bureau of the Census: 11 (1) 15 collection sites in each community that has a population of 12 250,000 or more, including at least five year-round collection sites; 13 (2) five year-round collection sites in each community that has a 14 population of at least 30,000 but less than 250,000; 15 (3) three year-round collection sites in each community that has a 16 population of at least 15,000 but less than 30,000; 17 (4) two year-round collection sites in each community that has a 18 population of at least 10,000 but less than 15,000; 19 (5) one year-round collection site in each community that has a 20 population of at least 5,500 but less than 10,000; and 21 (6) one single-day collection event for each calendar year in each 22 community that has a population of less than 5,500. 23 (b) The council may approve a lower quantity of collection sites or collection 24 events than required under (a) of this section for a community if a manufacturer or 25 electronics producer responsibility organization demonstrates to the council that the 26 community has a safe, adequate, and easily accessible collection site in which to store 27 covered electronic devices throughout the interim periods between collection events. 28 (c) A community may enter into a written agreement with a manufacturer or 29 electronics producer responsibility organization to substitute a program collection site 30 required under (a) of this section with four or more single-day collection events in the 31 community. 01 (d) A collector that operates a program collection site or single-day collection 02 event during a calendar year shall, unless otherwise provided for by an agreement 03 between the collector and the manufacturer or electronics producer responsibility 04 organization, 05 (1) accept all covered electronic devices delivered to the collection site 06 or collection event during the calendar year; 07 (2) ensure that collected devices are sorted and loaded in compliance 08 with federal, state, and local law, and with the best practices agreed to by the 09 electronics recycling advisory council for the calendar year; 10 (3) separate collected devices from other material; 11 (4) package collected devices in a structurally sound manner to prevent 12 breakage during transportation; and 13 (5) load collected devices onto pallets secured with plastic wrap or in 14 pallet-sized bulk containers before shipping. 15 (e) A collector shall sort collected devices into the following categories: 16 (1) computer monitors and televisions containing a cathode-ray tube, 17 other than televisions with wooden exteriors; 18 (2) computer monitors and televisions containing a flat panel screen; 19 (3) all other covered televisions; 20 (4) computers; 21 (5) all other covered electronic devices and eligible electronic devices; 22 and 23 (6) any electronic device not part of the manufacturer e-scrap program 24 that the collector has arranged to have picked up in addition to covered electronic 25 devices and for which a financial arrangement has been made to cover the recycling 26 costs outside of the manufacturer e-scrap program. 27 (f) A manufacturer e-scrap program may use retail collection sites to satisfy 28 some or all of the collection site obligations under this section. A retailer may serve as 29 a collector and a site may serve as a retail collection site only by agreement of 30 (1) the retailer; 31 (2) the operators of the manufacturer e-scrap program; and 01 (3) the community in which the retailer or retail collection site is 02 located. 03 Sec. 46.06.230. Department responsibilities. (a) Within 60 days after 04 receiving a manufacturer e-scrap program plan, the department shall review and 05 approve or disapprove the plan and provide written notification of the department's 06 decision, including the reasons for the approval or disapproval, to the designated point 07 of contact for the manufacturer or electronics producer responsibility organization. 08 The department shall approve the plan if the department determines the plan satisfies 09 AS 46.06.210. 10 (b) Within 90 days after receiving an annual report from a manufacturer or 11 electronics producer responsibility organization, the department shall review the report 12 and provide written notification to the designated point of contact for the manufacturer 13 or electronics producer responsibility organization of any need for additional 14 information or documentation or any deficiency identified by the department in the 15 manufacturer e-scrap program. 16 (c) Every four years, beginning in 2029, the department shall conduct 17 (1) a study to determine whether the definition of "covered electronic 18 device" should be expanded to include additional electronic products, such as those 19 from emerging technological waste streams; and 20 (2) a survey of household generation of e-scrap in the state to evaluate 21 the waste stream and the effectiveness of manufacturer e-scrap programs. 22 (d) Every two years, beginning in 2031, the department shall evaluate the 23 manufacturer e-scrap program and report the results of the evaluation to the 24 legislature. 25 (e) The department shall adopt regulations to establish the amount and manner 26 of payment of a program administration fee for manufacturers and electronics 27 producer responsibility organizations covered by AS 46.06.200 - 46.06.290. Fee levels 28 must be reasonably calculated to ensure that the total amount of fees collected from all 29 manufacturers and electronics producer responsibility organizations approximately 30 equals the costs to the department for administering and enforcing AS 46.06.200 - 31 46.06.290. The department shall review the fee amounts annually and reasonably 01 calculate adjustments as necessary to ensure the total revenue collected from the fees 02 approximately equals the department's costs in subsequent calendar years. The 03 commissioner shall separately account for the revenue from the fees received by the 04 department, and the revenue may be appropriated by the legislature to the department 05 for the administration and enforcement of AS 46.06.200 - 46.06.290. 06 (f) The department shall publish on the department's Internet website 07 (1) best practices provided by the electronics recycling advisory 08 council; 09 (2) a list of all registered manufacturers; 10 (3) approved manufacturer e-scrap program plans; and 11 (4) annual reports submitted to the department. 12 (g) The department shall keep confidential all proprietary information 13 submitted to the department by a manufacturer or electronics producer responsibility 14 organization under AS 46.06.200 - 46.06.290. The department may release 15 information kept confidential under this section in summary or aggregated form that 16 does not directly or indirectly identify financial, production, or sales data of a covered 17 manufacturer or electronics producer responsibility organization. 18 (h) The department shall present regulations proposed to implement 19 AS 46.06.200 - 46.06.290 to the electronics recycling advisory council for review and 20 address feedback from the council before adoption. 21 Sec. 46.06.240. Outreach requirements. (a) A manufacturer or electronics 22 producer responsibility organization with an approved manufacturer e-scrap program 23 plan shall inform covered entities and retailers about where and how to reuse and 24 recycle covered electronic devices at the end of the product's life, including by 25 providing an Internet website or toll-free telephone number that provides information 26 about the recycling program in sufficient detail to educate covered entities on how to 27 return covered electronic devices for recycling. 28 (b) The department shall promote recycling of covered electronic devices by 29 (1) posting information that describes where to recycle unwanted 30 covered electronic devices on the department's Internet website; and 31 (2) providing information about recycling covered electronic devices 01 though a toll-free telephone number. 02 (c) A community shall promote recycling of covered electronic devices, 03 including providing a list of local collection sites and services through existing 04 communication methods typically used by the community. 05 (d) A retailer that sells a new covered electronic device to a covered entity 06 shall provide information to the entity that describes how to recycle the covered 07 electronic device and the locations for convenient collection of the device. A retailer 08 may satisfy this requirement by providing the manufacturer e-scrap program plan and 09 the plan's Internet website, or the department's toll-free telephone number and website 10 to the covered entity or, if the retailer sells the device from the retailer's Internet 11 website, in a visible location on the website. 12 (e) Manufacturers, communities, retailers, collectors, and the department shall 13 collaborate in the development and implementation of the outreach requirements of 14 this section. 15 Sec. 46.06.250. Prohibited acts. (a) On or after January 1, 2029, a retailer who 16 first sells a covered electronic device to a covered entity may not sell or offer for sale a 17 covered electronic device in the state unless 18 (1) the device is labeled with a brand; 19 (2) the label is permanently affixed to and readily visible on the 20 device; and 21 (3) the manufacturer of the device is registered with the department 22 when the retailer purchases the device; if a manufacturer is not registered with the 23 department when a retailer purchases the device, the retailer shall be considered in 24 compliance with this requirement if the manufacturer registers with the department 25 within 30 days after the retailer takes possession of the device. 26 (b) A manufacturer e-scrap program may not charge fees to covered entities 27 when a covered electronic device or eligible electronic device is collected. 28 Sec. 46.06.260. Penalties and enforcement. (a) A person who knowingly 29 makes a materially false or fraudulent statement orally or in writing to the department 30 in connection with the requirements of AS 46.06.200 - 46.06.290 or a regulation 31 adopted under AS 46.06.200 - 46.06.290 is guilty of a class A misdemeanor for a first 01 conviction, a class C felony for a second conviction, and a class B felony for a third or 02 subsequent conviction. Each statement is a separate offense. 03 (b) A person who fails to register or pay the registration fee required under 04 AS 46.06.200 is liable to the state for a civil penalty of twice the registration fee. 05 (c) Except as otherwise provided in this section, a person who violates a 06 provision of AS 46.06.200 - 46.06.290 or a regulation adopted under AS 46.06.200 - 07 46.06.290 is liable to the state for a civil penalty of up to $250 for a first or second 08 violation and up to $10,000 for each subsequent violation. The amount of the penalty 09 shall be adjusted to the seriousness of the violation. 10 (d) The attorney general may bring a civil action in the superior court to 11 recover the amount of a civil penalty under this section or to obtain an injunction to 12 restrain violations of AS 46.06.200 - 46.06.290 or require actions that may be 13 necessary to address violations of AS 46.06.200 - 46.06.290. Penalties recovered 14 under this section shall be deposited in the general fund and may be appropriated by 15 the legislature to the department for the administration and enforcement of 16 AS 46.06.200 - 46.06.290. 17 (e) An electronics producer responsibility organization may not enforce 18 manufacturer compliance with the requirements of AS 46.06.200 - 46.06.290, but shall 19 refer potential manufacturer noncompliance to the department after providing notice 20 of the potential noncompliance to the manufacturer. An electronics producer 21 responsibility organization may develop and implement policies and procedures that 22 exclude from participation in the organization a manufacturer that is found by the 23 department or a court of competent jurisdiction to have failed to comply with the 24 requirements of AS 46.06.200 - 46.06.290. 25 (f) The penalties and enforcement mechanisms in this section are in addition 26 to relief provided under any other law. 27 Sec. 46.06.270. Electronics recycling advisory council. (a) The electronics 28 recycling advisory council is established in the department. 29 (b) The council consists of 13 members appointed by the commissioner for 30 two-year terms as follows: 31 (1) two members of the public residing in different communities with 01 at least one member residing in a community located off the interconnected road 02 system; 03 (2) two members representing recycling companies or incorporated 04 recycling centers; 05 (3) two members representing the electronic manufacturing or retail 06 industry; 07 (4) one member representing a tribal or municipal government that 08 operates a recycling program in a rural community with a population of less than 09 1,000; 10 (5) two members, each of whom represents a municipal government 11 that operates a recycling program in a community with a population of 25,000 or 12 more; 13 (6) one member representing a statewide tribal organization that assists 14 tribes with recycling issues; 15 (7) one member representing the transportation industry; 16 (8) one member representing a waste collection company or program; 17 and 18 (9) one member representing a job training or economic development 19 organization or program. 20 (c) The council shall elect a chair from among its members to serve a two-year 21 term. The council shall meet at the call of the chair. The council shall meet at least 22 quarterly until the initial round of manufacturer e-scrap program plans are approved 23 and then at least semiannually thereafter. 24 (d) A majority of the council members constitutes a quorum. The council shall 25 approve actions and recommendations by majority vote of the members present and 26 provide an opportunity for minority reports. The council may adopt bylaws and a 27 charter if desired to fulfill its duties under this section. 28 (e) A vacancy on the council shall be filled in the same manner as the original 29 selection or appointment for the remainder of the current term. 30 (f) The department shall provide administrative support to the council as 31 needed. 01 (g) Members of the council serve without compensation but are entitled to per 02 diem and travel expenses authorized for boards and commissions under AS 39.20.180. 03 (h) The council may meet in person or electronically. 04 (i) The council shall 05 (1) review and comment on a proposed manufacturer e-scrap program 06 plan before submission of the plan to the department; 07 (2) make recommendations to the department regarding the approval 08 or disapproval of a manufacturer e-scrap program plan; 09 (3) make recommendations to the department regarding the need for 10 plan amendments or other requirements based on annual reports; 11 (4) review and comment on regulations proposed by the department 12 under AS 46.06.230; and 13 (5) by November 1 of each year, beginning in 2027, provide to the 14 department a list of best practices for program collection sites and single-day 15 collection events under manufacturer e-scrap program plans submitted during the 16 following year; best practices must, to the extent practicable, preserve existing 17 collection programs and relationships. 18 Sec. 46.06.280. Exclusions. (a) The provisions of AS 46.06.200 - 46.06.290 do 19 not apply to an electronic device that is 20 (1) part of a motor vehicle or any component part of a motor vehicle 21 assembled by or for a vehicle manufacturer or franchised dealership, including 22 replacement parts for use in a motor vehicle; in this paragraph, "dealership," 23 "franchised," "manufacturer," and "motor vehicle" have the meanings given in 24 AS 45.25.990; 25 (2) functionally or physically part of a larger piece of equipment or 26 that is taken out of service from an industrial, commercial, retail, library checkout, 27 traffic control, kiosk, nonhousehold security, governmental, agricultural, or medical 28 setting, including diagnostic, monitoring, and control equipment; 29 (3) a device as defined in 21 U.S.C. 321(h)(1); or 30 (4) contained within a clothes washer, clothes dryer, refrigerator, 31 freezer, conventional oven, conventional range, dishwasher, room air conditioner, 01 dehumidifier, water pump, sump pump, or air purifier. 02 (b) A manufacturer e-scrap program may collect an electronic device that 03 meets the criteria in (a)(2) of this section. Notwithstanding (a) of this section, 04 AS 46.06.200 - 46.06.290 apply to any device collected under this subsection. 05 (c) AS 46.06.200 - 46.06.290 do not apply to a manufacturer that assembles 06 and sells fewer than 1,000 units of covered electronic devices annually in the state or 07 that primarily sells covered electronic devices that are substantially composed of 08 rebuilt, refurbished, or used components. 09 (d) Nothing in AS 46.06.200 - 46.06.290 prevents a manufacturer from 10 accepting, through a manufacturer e-scrap program, covered electronic devices 11 collected through a pre-existing collection program that is operated under a collection 12 agreement between a third party and a community. 13 (e) To the extent allowed by law, a covered electronic device or eligible 14 electronic device collected by a manufacturer e-scrap program is not considered 15 hazardous waste, household waste, solid waste, or special waste. 16 Sec. 46.06.290. Definitions. In AS 46.06.200 - 46.06.290, 17 (1) "best practices" means standards for collecting and preparing 18 covered electronic devices for shipment and recycling markets, including packaging, 19 transport, load size, acceptable load contamination levels, and noncovered electronic 20 devices included in a load; 21 (2) "collector" means a person who collects covered electronic devices 22 at any program collection site or single-day collection event and prepares the devices 23 for transport; 24 (3) "community" means 25 (A) an incorporated city; 26 (B) a unified municipality; 27 (C) an incorporated borough; or 28 (D) a place in the unorganized borough in which 15 or more 29 individuals reside as a social unit; 30 (4) "computer" means a desktop computer, notebook computer, or 31 tablet computer; "computer" does not include an automated typewriter, printer, mobile 01 telephone, hand-held calculator, battery-operated portable digital music player, 02 computer keyboard, computer mouse, or associated cables; 03 (5) "computer monitor" means an electronic device that contains a 04 cathode-ray tube or flat panel screen greater than four inches in size when measured 05 diagonally and is intended to display information from a computer; 06 (6) "council" means the electronics recycling advisory council; 07 (7) "covered electronic device" means a computer, small-scale server, 08 computer monitor, television, printer, facsimile machine, scanner, battery-operated 09 portable digital music player with memory capability, digital video disc player, digital 10 video disc recorder, videocassette recorder, video game console, digital converter box, 11 cable receiver, satellite receiver, computer keyboard, computer mouse, or associated 12 cables sold at retail; 13 (8) "covered electronic device category" means the following 14 categories of covered electronic devices: 15 (A) computers and small-scale servers; 16 (B) computer monitors; 17 (C) televisions; 18 (D) printers, facsimile machines, and scanners; 19 (E) digital video disc players, digital video disc recorders, and 20 videocassette recorders; 21 (F) video game consoles; 22 (G) digital converter boxes, cable receivers, and satellite 23 receivers; and 24 (H) battery-operated portable digital music players, computer 25 keyboards, computer mice, and cables; 26 (9) "covered entity" means any household, nonprofit, educational 27 institution, community, or small business located in the state; 28 (10) "desktop computer" means a computer that is controlled by a 29 stand-alone computer keyboard, stand-alone computer mouse or other pointing device, 30 computer monitor or other display unit, and that has a main unit that is not designed 31 for portability and is intended to be persistently located in a single location; 01 (11) "educational institution" means 02 (A) a public or private institution located in the state for grades 03 kindergarten through 12; or 04 (B) a nonprofit institution located in the state that provides 05 postsecondary or vocational education; 06 (12) "electronics producer responsibility organization" means an entity 07 that prepares and submits a manufacturer e-scrap program plan to the department and 08 oversees an e-scrap program on behalf of two or more manufacturers cooperating with 09 each other to collectively establish and operate an e-scrap program for the purpose of 10 complying with AS 46.06.200 - 46.06.290; 11 (13) "eligible electronic device" means any mobile telephone that is 12 taken out of service in the state, regardless of purchase location; 13 (14) "household" means a single detached dwelling unit or a single 14 unit of a multiple dwelling unit and appurtenant structures; 15 (15) "manufacturer" means a person or successor in interest to a person 16 under whose brand or label a covered electronic device is sold at retail; if a covered 17 electronic device is sold at retail under a brand or label that is licensed from a person 18 who is the owner of the brand or label but does not sell or produce the device, or if a 19 covered electronic device is sold at retail under the brand or label of both the retail 20 seller and the person that produced the device, the person that produced the device or 21 that person's successor in interest, is the manufacturer; 22 (16) "manufacturer e-scrap program" means any program established, 23 financed, and operated by a manufacturer, individually or as part of an electronics 24 producer responsibility organization, to collect, transport, and otherwise prepare for 25 recycling covered electronic devices and eligible electronic devices collected at 26 program sites and single-day collection events in accordance with the requirements of 27 AS 46.06.200 - 46.06.290; 28 (17) "market share" means a manufacturer's percentage of all covered 29 electronic devices by weight sold within a covered electronic device category during a 30 specified period; 31 (18) "notebook computer" means a computer that is controlled by a 01 computer keyboard, trackpad or other pointing device, and video display greater than 02 four inches in size when measured diagonally that are all contained within the 03 construction of the unit; 04 (19) "participating manufacturer" means a manufacturer that an 05 electronics producer responsibility organization has listed under AS 46.06.210(a)(1) as 06 a participant in the electronics producer responsibility organization for a calendar year; 07 (20) "person" means an individual, partnership, co-partnership, firm, 08 company, limited liability company, corporation, association, joint stock company, 09 trust, estate, political subdivision, state agency, unit of local government, or any other 10 legal entity, including a trustee, agent, assignee, or similar legal representative; 11 (21) "printer" means a desktop printer, multifunction printer copier, 12 printer and facsimile combination, or an all-in-one device that performs a combination 13 of printing, copying, scanning, and related tasks, that is designed to reside on a work 14 surface; "printer" does not include a floor-standing printer, a printer with optional 15 floor stand, a point-of-sale receipt printer, a calculator with printing capabilities, or a 16 label maker; 17 (22) "program collection site" means a physical location that is 18 included in a manufacturer e-scrap program and at which covered electronic devices 19 are collected and prepared for transport by a collector during a calendar year; 20 (23) "recycler" means any person who transports or later recycles 21 covered electronic devices that have been collected and prepared for transport by a 22 collector at any program collection site or single-day collection event; 23 (24) "recycling" means any process by which covered electronic 24 devices that would otherwise be disposed of or discarded are collected, separated, or 25 processed and returned to the economic mainstream in the form of raw materials or 26 products; 27 (25) "retail collection site" means a private sector collection site 28 operated by a retailer collecting on behalf of a manufacturer; 29 (26) "retailer" means a person who first sells, through a sales outlet, 30 catalog, or Internet website, a covered electronic device at a retail or permanent 31 establishment where covered electronic devices are displayed, held, stored, or offered 01 for sale to the public; 02 (27) "sale" means any retail transfer of title for consideration, 03 including transactions conducted through sales outlets, catalogs, or an Internet website 04 or by any similar means; "sale" does not include financing or leasing; 05 (28) "single-day collection event" means a single-day event used as a 06 substitute for a program collection site; 07 (29) "small business" means a business operating in the state that 08 employs fewer than 50 people; 09 (30) "small-scale server" means a computer that typically uses desktop 10 components in a desktop form designed primarily to serve as a storage host for other 11 computers and that is designed in a pedestal, tower, or other form similar to that of a 12 desktop computer so all data processing, storage, and network interfacing is contained 13 within one box or product; designed to be operational 24 hours a day and 7 days a 14 week; designed to have very little unscheduled downtime, including on the order of 15 hours each year; capable of operating in a simultaneous multi-user environment 16 serving several users through networked client units; and designed for an industry- 17 accepted operating system for home or low-end server applications; 18 (31) "tablet computer" means a computer that is controlled by a touch 19 screen and video display greater than six inches in size when measured diagonally that 20 is contained within the construction of the unit; 21 (32) "television" means an electronic device that contains a cathode- 22 ray tube or flat panel screen greater than four inches in size when measured diagonally 23 and is intended to receive video programming through broadcast, cable, satellite, 24 Internet connection, or other method of video transmission or that is intended to 25 receive video from surveillance cameras or other similar equipment. 26 Article 3. General Provisions.  27 Sec. 46.06.990. Definitions. In this chapter, 28 (1) "commissioner" means the commissioner of environmental 29 conservation; 30 (2) "department" means the Department of Environmental 31 Conservation. 01  * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 TRANSITION. The commissioner of environmental conservation shall appoint 04 members of the electronics recycling advisory council under AS 46.06.270(b), added by sec. 9 05 of this Act, as soon as practicable. Notwithstanding AS 46.06.270(b), added by sec. 9 of this 06 Act, the commissioner shall appoint seven initial members of the electronics recycling 07 advisory council to serve four-year terms and the remaining six initial members to serve 08 three-year terms. Initial members may be appointed to subsequent two-year terms thereafter. 09  * Sec. 11. This Act takes effect immediately under AS 01.10.070(c).