SB 175: "An Act relating to an electronic product stewardship program; relating to collection, recycling, and disposal of electronic equipment; establishing the electronics recycling advisory council; and providing for an effective date."
00 SENATE BILL NO. 175 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. 12 of this Act, require collaboration among 09 manufacturers, manufacturer clearinghouses, and other entities that perform activities directly 10 related to manufacturer e-scrap programs. These activities will enable collection, recycling, 11 and disposal of covered electronic devices in a safe and effective manner, which is in the best 12 interest of the public. The benefits of collaboration, together with the active state supervision 13 provided by the Department of Environmental Conservation under AS 46.06.200 - 46.06.290, 14 outweigh potential adverse effects. Therefore, the legislature intends to provide immunity
01 through the state action doctrine from federal antitrust laws for participating in manufacturer 02 e-scrap programs as required by AS 46.06.200 - 46.06.290. 03 * Sec. 2. AS 29.10.200 is amended by adding a new paragraph to read: 04 (68) AS 29.35.142 (electronic device recycling). 05 * Sec. 3. AS 29.35 is amended by adding a new section to read: 06 Sec. 29.35.142. Regulation of electronic device recycling. (a) The authority 07 to regulate electronics recycling is reserved to the state, and, except as specifically 08 provided by statute, a municipality may not enact or enforce an ordinance governing 09 electronics recycling, including the collection or recycling of covered electronic 10 devices and eligible electronic devices under AS 46.06.200 - 46.06.290. 11 (b) This section applies to home rule and general law municipalities. 12 * Sec. 4. AS 45.50.572(b) is amended to read: 13 (b) AS 45.50.562 - 45.50.596 do not forbid actions or arrangements authorized 14 or regulated under the laws of the United States that exempt these actions or 15 arrangements from application of the antitrust laws of the United States or under the 16 following statutes of this state: 17 (1) AS 06.05.235 and 06.05.570; 18 (2) AS 10.15; [AND] 19 (3) AS 31.05.110; and 20 (4) AS 46.06.200 - 46.06.290. 21 * Sec. 5. AS 46.06.010 is amended to read: 22 Sec. 46.06.010. Powers of the department. The department shall 23 (1) serve as the coordinating agency among public and private 24 organizations in the state that are involved in the control, reduction, and recycling of 25 litter; 26 (2) assist local governments in the adoption and amendment of 27 ordinances relating to the control, reduction, and recycling of litter; 28 (3) promote voluntary local programs and information campaigns that 29 encourage the public to refrain from littering and to participate in efforts to clean up 30 and recycle litter; 31 (4) inform the public of, and encourage the public to comply with, the
01 provisions of AS 46.06.010 - 46.06.150 [THIS CHAPTER] and regulations adopted 02 under AS 46.06.010 - 46.06.150 [THIS CHAPTER]; 03 (5) encourage federal, state, and local agencies to assist programs for 04 the recycling of litter by allowing the use of publicly owned land, buildings, or 05 equipment for those programs whenever possible; 06 (6) apply for, receive, and expend grants, loans, and other monetary 07 and nonmonetary assistance for use in programs established under AS 46.06.010 - 08 46.06.150 [THIS CHAPTER]; 09 (7) determine the types of materials or energy that may be profitably 10 recovered from litter, and adopt regulations under AS 44.62 (Administrative 11 Procedure Act) that require the recovery of the materials or energy; 12 (8) adopt other regulations under AS 44.62 (Administrative Procedure 13 Act) necessary to implement AS 46.06.010 - 46.06.150 [THIS CHAPTER]. 14 * Sec. 6. AS 46.06.031(c) is amended to read: 15 (c) This section does not diminish the responsibility of a person to comply 16 with AS 46.06.010 - 46.06.150 [THIS CHAPTER], AS 46.03, AS 46.04, or AS 46.09. 17 * Sec. 7. AS 46.06.100 is amended to read: 18 Sec. 46.06.100. Notice to public. The penalties imposed for littering shall be 19 posted along the public highways of the state, at visitor centers, at entrances to state 20 parks and recreational areas, at public beaches, and at other publicly owned public 21 places the commissioner determines necessary to accomplish the purposes of 22 AS 46.06.010 - 46.06.150 [THIS CHAPTER]. The state agency or municipality 23 responsible for litter removal from a public place shall post the notice required by this 24 section. 25 * Sec. 8. AS 46.06.110 is amended to read: 26 Sec. 46.06.110. Enforcement authority. (a) The following persons are 27 authorized to enforce the provisions of AS 46.06.010 - 46.06.150 [THIS CHAPTER]: 28 (1) a state employee authorized by the commissioner; and 29 (2) a peace officer. 30 (b) The department shall prescribe a citation form, which shall be used by all 31 peace officers and persons in the state who are authorized to enforce the provisions of
01 AS 46.06.010 - 46.06.150 [THIS CHAPTER]. The citation form must meet the 02 requirements of AS 12.25.175 - 12.25.230. 03 * Sec. 9. AS 46.06.120 is amended to read: 04 Sec. 46.06.120. Grants. The department may make grants to state agencies, to 05 municipalities, and to private organizations including nonprofit organizations for the 06 establishment and operation of programs authorized under AS 46.06.010 - 46.06.150 07 [THIS CHAPTER]. A grant under this section may not exceed 18 months. A program 08 qualifying for a grant under this section may include 09 (1) courses of instruction at, or the distribution of informative 10 materials to, elementary and secondary schools; 11 (2) purchase and erection of roadside signs; 12 (3) organization and operation of litter removal activities conducted by 13 municipalities, private organizations or, service groups using volunteer help; 14 (4) a public information program to inform the public concerning the 15 reduction of litter using the media including use of the electronic media; 16 (5) expansion of existing, and planning, design, and construction of 17 new, facilities for the recovery of materials and energy from litter; 18 (6) research and evaluation of markets for the materials and energy 19 recovered from litter; 20 (7) advice and assistance, including information and consultation on 21 available technology, operating procedures, organizational arrangements, markets for 22 materials or energy obtained from litter, transportation alternatives, and publicity 23 techniques; 24 (8) surveys by public agencies or recognized research organizations to 25 assess the amount and composition of litter [,] and rates of littering; 26 (9) the purchase of litter receptacles; 27 (10) the creation or expansion of litter law enforcement programs; 28 (11) the initial purchase or lease of recycling equipment, the cost of 29 operating that equipment, and the cost of storing and transporting materials before and 30 after those materials are recycled. 31 * Sec. 10. AS 46.06.130(a) is amended to read:
01 (a) The department shall adopt regulations under AS 44.62 (Administrative 02 Procedure Act) that establish 03 (1) eligibility requirements for applicants for a grant under 04 AS 46.06.120; 05 (2) standards for the evaluation of proposals submitted by applicants 06 for grants under AS 46.06.120; and 07 (3) other conditions for the receipt of a grant under AS 46.06.120 that 08 are necessary to achieve the purposes of AS 46.06.010 - 46.06.150 [THIS 09 CHAPTER]. 10 * Sec. 11. AS 46.06.140 is amended to read: 11 Sec. 46.06.140. Federal requirements. If a federal department or agency 12 issues a formal ruling that a section of AS 46.06.010 - 46.06.150 [THIS CHAPTER] 13 will prevent the state from receiving federal financial participation in a program or 14 activity established under AS 46.06.010 - 46.06.150 [THIS CHAPTER], the section 15 does not apply to the extent that it causes the program or activity to lose federal 16 funding. 17 * Sec. 12. AS 46.06.150 is amended to read: 18 Sec. 46.06.150. Definitions. In AS 46.06.010 - 46.06.150 [THIS CHAPTER], 19 (1) "beverage container" means the individual, separate, sealed glass, 20 metal or plastic bottle, can, jar or carton containing beer or other malt beverages or 21 carbonated soft drinks, in liquid form; 22 (2) "commissioner" means the commissioner of environmental 23 conservation; 24 (3) "degradable" means a characteristic of a material that allows the 25 material to be broken down by biological, chemical, photochemical, or other physical 26 processes 27 (A) within two years upon exposure to natural elements; and 28 (B) to a particle size and chemical composition that may be 29 assimilated harmlessly and aesthetically into the environment without 30 producing a residue or by-product determined by the department to be 31 hazardous;
01 (4) "department" means the Department of Environmental 02 Conservation; 03 (5) "litter" means all waste material including disposable packages or 04 containers disposed of in a manner prohibited by AS 46.06.080, but does not include 05 the wastes of the primary processes of mining or other extraction process, logging, 06 sawmilling, farming, or manufacturing; 07 (6) "litter bag" means a bag, sack, or other container made of any 08 material that [WHICH] is large enough and suitable to serve as a receptacle for litter 09 inside a vehicle or vessel; 10 (7) "public place" means public or private property that is used or held 11 out for use by the public, whether owned or operated by public or private interests, 12 including [BUT NOT LIMITED TO] highways or other roads on [UPON] which 13 vehicles are moved, parks, campgrounds, trailer parks, drive-in and fast food 14 restaurants, gasoline service stations, marinas, boat launching areas, boat moorage and 15 fueling stations, public and private piers, beaches, bathing areas, school grounds, 16 sporting event sites with seating capacity for more than 200 spectators, business 17 district sidewalks, parking lots for taverns, shopping centers and grocery stores, and 18 other parking lots if they have a capacity for more than 50 vehicles; 19 (8) "vehicle" means a mechanically driven device of any kind that is 20 used for the transportation of a person or property on a public highway, trail, or path; 21 (9) "vessel" means all descriptions of watercraft used or capable of 22 being used as a means of transportation on the water. 23 * Sec. 13. AS 46.06 is amended by adding new sections to read: 24 Article 2. Electronic Product Stewardship Program. 25 Sec. 46.06.200. Manufacturer registration. (a) By June 30, 2027, and 26 annually thereafter, a manufacturer of covered electronic devices sold in the state shall 27 register with the department, for a period to cover the upcoming calendar year, by 28 completing and submitting to the department the registration form prescribed by the 29 department. The registration must include 30 (1) a list of all brands and labels under which the manufacturer's 31 covered electronic devices are offered for sale in the state;
01 (2) the weight of all individual covered electronic devices by covered 02 electronic device category sold or offered for sale under any of the manufacturer's 03 brands or labels in the United States during the previous two calendar years before the 04 applicable calendar year; and 05 (3) any other information required by the department to implement 06 AS 46.06.200 - 46.06.290. 07 (b) If a manufacturer's covered electronic devices are sold or offered for sale 08 in the state during a calendar year under a brand that is not listed in the manufacturer's 09 registration, the manufacturer shall amend the registration to add the brand within 30 10 days after the first sale or offer for sale under that brand. 11 (c) A manufacturer subject to this section shall pay the program administration 12 fee established under AS 46.06.230(e) to the department at the time of submission of 13 the manufacturer's registration under (a) of this section. 14 Sec. 46.06.210. Manufacturer e-scrap program plans; manufacturer and 15 manufacturer clearinghouse responsibilities. (a) Beginning in 2027, a manufacturer 16 of covered electronic devices in the state shall submit a proposed manufacturer e-scrap 17 program plan to the electronics recycling advisory council by March 31 for the 18 upcoming calendar year. Upon receiving feedback from the council, the manufacturer 19 shall make any necessary changes based on the feedback and submit a manufacturer e- 20 scrap program plan to the department at the time of submission of the manufacturer's 21 registration under AS 46.06.200. A manufacturer may satisfy the requirements of this 22 subsection through a manufacturer clearinghouse. A manufacturer e-scrap program 23 plan must include 24 (1) contact information for the manufacturer or manufacturer 25 clearinghouse and a comprehensive list of all manufacturers participating in the plan 26 for the upcoming calendar year and the contact information for all participants; 27 (2) a description of the transportation and recycling systems, service 28 providers, collectors, and processors used, including a description of how the 29 manufacturer or manufacturer clearinghouse will 30 (A) seek to use businesses or organizations in the state, 31 including retailers, charities, processors, local or tribal organizations, local
01 health care facilities, and collection and transportation services; and 02 (B) fairly compensate collectors and processors for services; 03 (3) the methods for the reasonably convenient collection of all types of 04 covered electronic devices in rural and urban areas throughout the state, including the 05 quantity and locations of the program collection sites and single-day collection events 06 required under AS 46.06.220(a); 07 (4) a description of how the plan will provide service to all covered 08 entities in the state; 09 (5) the processes and methods used to recycle covered electronic 10 devices and eligible electronic devices, including a description of the processing that 11 will be used and the facility location; 12 (6) documentation of audits of each processor used in the plan and 13 compliance with the plan's processing standards; 14 (7) a description of the accounting and reporting systems that will be 15 employed; 16 (8) a timeline that describes startup, implementation, and progress 17 toward milestones with anticipated results; 18 (9) a description of the public information campaign that will be used 19 to inform consumers about how to recycle their covered electronic devices at the end 20 of the life of the product; 21 (10) a description of how manufacturers participating in the plan will 22 communicate and work with processors to promote and encourage design of electronic 23 products and their components for recycling; and 24 (11) if two or more manufacturers are participating in a manufacturer 25 clearinghouse, a certification that the methodology used to allocate responsibility 26 among participating manufacturers will comply with (c) of this section. 27 (b) If the department determines that a manufacturer e-scrap program plan 28 fails to meet the requirements in this section, the manufacturer or manufacturer 29 clearinghouse shall submit an updated plan to the department within 30 days after the 30 date of disapproval. 31 (c) A manufacturer shall assume financial responsibility for all costs
01 associated with implementing a manufacturer e-scrap program plan after approval. A 02 manufacturer clearinghouse shall allocate a participating manufacturer's financial 03 responsibility by 04 (1) calculating the manufacturer's market share for each covered 05 electronic device category based on the total weight of all individual covered 06 electronic devices sold or offered for sale in each category under any of the 07 manufacturer's brands or labels in the United States during the previous two calendar 08 years before the applicable calendar year; and 09 (2) adding the percentages calculated under (1) of this subsection. 10 (d) If a manufacturer e-scrap program fails to provide collection site services 11 in each community as required under AS 46.06.220(a) or meet other plan 12 requirements, the manufacturer or manufacturer clearinghouse shall submit a revised 13 plan to the department within 60 days after the failure that addresses how the 14 manufacturer e-scrap program will be adjusted to meet the requirements. 15 (e) A manufacturer or manufacturer clearinghouse shall notify the department 16 of any modification to the manufacturer e-scrap program plan. If the department 17 determines that the manufacturer or manufacturer clearinghouse significantly modified 18 the plan, the manufacturer or manufacturer clearinghouse shall submit a revised plan 19 that describes the modifications within 60 days after the department's determination. 20 (f) Beginning in 2029, a manufacturer with an approved manufacturer e-scrap 21 program plan for the previous calendar year shall file an annual report with the 22 department on or before March 31 that covers the previous calendar year. A 23 manufacturer may satisfy this requirement through a manufacturer clearinghouse if the 24 manufacturer used a clearinghouse to submit the manufacturer e-scrap program plan 25 for the previous calendar year. The annual report must include 26 (1) the collection services provided in each community, including a list 27 of all collection sites and services operating in the state in the previous calendar year 28 and who operated the sites; 29 (2) a list of processors used, including subcontractors that further 30 process or recycle covered electronic devices or electronic components used, the 31 weight of covered electronic devices and eligible electronic devices processed by each
01 processor, and a description of the processes and methods used to recycle the devices, 02 including a description of the processing and facility locations; 03 (3) an estimate of the weight of each type of material recovered from 04 the processing of recycled collected devices; types of material recovered must include, 05 at a minimum, cathode ray tube glass, circuit boards, batteries, mercury-containing 06 devices, plastics, and metals; 07 (4) an estimate of the percentage, by weight, of all collected devices 08 that are reused, recycled, or become residual waste disposed of in another manner; 09 (5) the outreach efforts that were undertaken; 10 (6) a list of manufacturers that participated in the plan; 11 (7) a description of program revenue and costs, including the total cost 12 of the program and the average cost of the program per pound of covered electronic 13 devices and eligible electronic devices collected; 14 (8) a detailed accounting of the following costs of the program: 15 (A) program delivery, including 16 (i) education and promotional efforts; 17 (ii) collection; 18 (iii) transportation; and 19 (iv) processing and labor; and 20 (B) program administration; and 21 (9) a description of the methods used by the program to collect, 22 transport, recycle, and process collected devices. 23 (g) To the extent feasible, manufacturers and manufacturer clearinghouses 24 shall collaborate with electronic product retailers, utilities furnishing solid waste 25 material collection and disposal services, recyclers, charities, tribes, local 26 governments, and other businesses in the state in the development and implementation 27 of the program plan. 28 Sec. 46.06.220. Collection site requirements; collector responsibilities. (a) 29 Beginning in 2028, a manufacturer or manufacturer clearinghouse shall, at a 30 minimum, operate program collection sites in the following quantities during a 31 calendar year depending on community populations as determined by the most recent
01 decennial census conducted by the United States Bureau of the Census: 02 (1) 15 collection sites in each community that has a population of 03 250,000 or more, including at least five year-round collection sites; 04 (2) five year-round collection sites in each community that has a 05 population of at least 30,000 but less than 250,000; 06 (3) three year-round collection sites in each community that has a 07 population of at least 15,000 but less than 30,000; 08 (4) two year-round collection sites in each community that has a 09 population of at least 10,000 but less than 15,000; 10 (5) one year-round collection site in each community that has a 11 population of at least 5,500 but less than 10,000; and 12 (6) one single-day collection event for each calendar year in each 13 community that has a population of less than 5,500. 14 (b) A community may enter into a written agreement with a manufacturer or 15 manufacturer clearinghouse to substitute a program collection site required under (a) 16 of this section with four or more single-day collection events in the community. 17 (c) A collector that operates a program collection site or single-day collection 18 event during a calendar year shall 19 (1) accept all covered electronic devices delivered to the collection site 20 or collection event during the calendar year; 21 (2) ensure that collected devices are sorted and loaded in compliance 22 with federal, state, and local law, and with the best practices agreed to by the 23 electronics recycling advisory council for the calendar year; 24 (3) separate collected devices from other material; 25 (4) package collected devices in a structurally sound manner to prevent 26 breakage during transportation; and 27 (5) load collected devices onto pallets secured with plastic wrap or in 28 pallet-sized bulk containers before shipping. 29 (d) A collector shall sort collected devices into the following categories: 30 (1) computer monitors and televisions containing a cathode-ray tube, 31 other than televisions with wooden exteriors;
01 (2) computer monitors and televisions containing a flat panel screen; 02 (3) all other covered televisions; 03 (4) computers; 04 (5) all other covered electronic devices and eligible electronic devices; 05 and 06 (6) any electronic device not part of the manufacturer e-scrap program 07 that the collector has arranged to have picked up in addition to covered electronic 08 devices and for which a financial arrangement has been made to cover the recycling 09 costs outside of the manufacturer e-scrap program. 10 (e) A manufacturer e-scrap program may use retail collection sites to satisfy 11 some or all of the collection site obligations under this section. A retailer may serve as 12 a collector and a site may serve as a retail collection site only by agreement of 13 (1) the retailer; 14 (2) the operators of the manufacturer e-scrap program; and 15 (3) the community in which the retailer or retail collection site is 16 located. 17 Sec. 46.06.230. Department responsibilities. (a) Within 60 days after 18 receiving a manufacturer e-scrap program plan, the department shall review and 19 approve or disapprove the plan and provide written notification of the department's 20 decision, including the reasons for the approval or disapproval, to the designated point 21 of contact for the manufacturer or manufacturer clearinghouse. The department shall 22 approve the plan if the department determines the plan satisfies AS 46.06.210. 23 (b) Within 90 days after receiving an annual report from a manufacturer or 24 manufacturer clearinghouse, the department shall review the report and provide 25 written notification to the designated point of contact for the manufacturer or 26 manufacturer clearinghouse of any need for additional information or documentation 27 or any deficiency identified by the department in the manufacturer e-scrap program. 28 (c) Every four years, beginning in 2028, the department shall conduct 29 (1) a study to determine whether the definition of "covered electronic 30 device" should be expanded to include additional electronic products, such as those 31 from emerging technological waste streams; and
01 (2) a survey of household generation of e-scrap in the state to evaluate 02 the waste stream and the effectiveness of manufacturer e-scrap programs. 03 (d) Every two years, beginning in 2030, the department shall evaluate the 04 manufacturer e-scrap program and report the results of the evaluation to the 05 legislature. 06 (e) The department shall adopt regulations to establish the amount and manner 07 of payment of a program administration fee for manufacturers and manufacturer 08 clearinghouses covered by AS 46.06.200 - 46.06.290. Fee levels must be reasonably 09 calculated to ensure that the total amount of fees collected from all manufacturers and 10 manufacturer clearinghouses cover the costs to the department for administering and 11 enforcing AS 46.06.200 - 46.06.290. The department shall review the fee amounts 12 annually and reasonably calculate adjustments as necessary to ensure the total revenue 13 collected from the fees covers the department's costs in subsequent calendar years. 14 The commissioner shall separately account for the revenue from the fees received by 15 the department, and the revenue may be appropriated by the legislature to the 16 department for the administration and enforcement of AS 46.06.200 - 46.06.290. 17 (f) The department shall publish on the department's Internet website 18 (1) best practices provided by the electronics recycling advisory 19 council; 20 (2) a list of all registered manufacturers; 21 (3) approved manufacturer e-scrap program plans; and 22 (4) annual reports submitted to the department. 23 (g) The department shall keep confidential all proprietary information 24 submitted to the department by a manufacturer or manufacturer clearinghouse under 25 AS 46.06.200 - 46.06.290. The department may release information kept confidential 26 under this section in summary or aggregated form that does not directly or indirectly 27 identify financial, production, or sales data of a covered manufacturer or manufacturer 28 clearinghouse. 29 (h) The department may adopt regulations to implement, administer, and 30 enforce AS 46.06.200 - 46.06.290. The department shall present regulations proposed 31 to the electronics recycling advisory council for review and address feedback from the
01 council before adoption. 02 Sec. 46.06.240. Outreach requirements. (a) A manufacturer or manufacturer 03 clearinghouse with an approved manufacturer e-scrap program plan shall inform 04 covered entities about where and how to reuse and recycle covered electronic devices 05 at the end of the product's life, including by providing an Internet website or toll-free 06 telephone number that provides information about the recycling program in sufficient 07 detail to educate covered entities on how to return covered electronic devices for 08 recycling. 09 (b) The department shall promote recycling of covered electronic devices by 10 (1) posting information that describes where to recycle unwanted 11 covered electronic devices on the department's Internet website; and 12 (2) providing information about recycling covered electronic devices 13 though a toll-free telephone number. 14 (c) A community shall promote recycling of covered electronic devices, 15 including providing a list of local collection sites and services through existing 16 communication methods typically used by the community. 17 (d) A retailer that sells a new covered electronic device to a covered entity 18 shall provide information to the entity that describes how to recycle the covered 19 electronic device and the locations for convenient collection of the device. A retailer 20 may satisfy this requirement by providing the department's toll-free telephone number 21 and website to the covered entity or, if the retailer sells the device from the retailer's 22 Internet website, in a visible location on the website. 23 (e) Manufacturers, communities, retailers, collectors, and the department shall 24 collaborate in the development and implementation of the outreach requirements of 25 this section. 26 Sec. 46.06.250. Prohibited acts. (a) On or after January 1, 2029, a person may 27 not knowingly cause or allow 28 (1) the mixing of a covered electronic device with municipal waste that 29 is intended for disposal at a landfill; 30 (2) the disposal of a covered electronic device in a landfill; 31 (3) the mixing of a covered electronic device with waste that is
01 intended for disposal by burning; or 02 (4) the burning of a covered electronic device. 03 (b) On or after January 1, 2028, a retailer who first sells a covered electronic 04 device to a covered entity may not sell or offer for sale a covered electronic device in 05 the state unless 06 (1) the device is labeled with a brand; 07 (2) the label is permanently affixed to and readily visible on the 08 device; and 09 (3) the manufacturer of the device is registered with the department 10 when the retailer purchases the device; if a manufacturer is not registered with the 11 department when a retailer purchases the device, the retailer shall be considered in 12 compliance with this requirement if the manufacturer registers with the department 13 within 30 days after the retailer takes possession of the device. 14 (c) A manufacturer e-scrap program may not charge fees to covered entities 15 when a covered electronic device or eligible electronic device is collected. 16 Sec. 46.06.260. Penalties and enforcement. (a) A person who knowingly 17 makes a materially false or fraudulent statement orally or in writing to the department 18 in connection with the requirements of AS 46.06.200 - 46.06.290 or a regulation 19 adopted under AS 46.06.200 - 46.06.290 is guilty of a class A misdemeanor for a first 20 conviction, a class C felony for a second conviction, and a class B felony for a third or 21 subsequent conviction. Each statement is a separate offense. 22 (b) A person who fails to register or pay the registration fee required under 23 AS 46.06.200 is liable to the state for a civil penalty of twice the registration fee. 24 (c) Except as otherwise provided in this section, a person who violates a 25 provision of AS 46.06.200 - 46.06.290 or a regulation adopted under AS 46.06.200 - 26 46.06.290 is liable to the state for a civil penalty of up to $10,000 for each violation. 27 The amount of the penalty shall be adjusted to the seriousness of the violation. 28 (d) The attorney general may bring a civil action in the superior court to 29 recover the amount of a civil penalty under this section or to obtain an injunction to 30 restrain violations of AS 46.06.200 - 46.06.290 or require actions that may be 31 necessary to address violations of AS 46.06.200 - 46.06.290. Penalties recovered
01 under this section shall be deposited in the general fund and may be appropriated by 02 the legislature to the department for the administration and enforcement of 03 AS 46.06.200 - 46.06.290. 04 (e) A manufacturer clearinghouse may not enforce manufacturer compliance 05 with the requirements AS 46.06.200 - 46.06.290, but shall refer potential manufacturer 06 noncompliance to the department after providing notice of the potential 07 noncompliance to the manufacturer. A manufacturer clearinghouse may develop and 08 implement policies and procedures that exclude from participation in the 09 clearinghouse a manufacturer that is found by the department or a court of competent 10 jurisdiction to have failed to comply with the requirements of AS 46.06.200 - 11 46.06.290. 12 (f) The penalties and enforcement mechanisms in this section are in addition 13 to relief provided under any other law. 14 Sec. 46.06.270. Electronics recycling advisory council. (a) The electronics 15 recycling advisory council is established in the department. 16 (b) The council consists of 13 members appointed by the commissioner for 17 two-year terms as follows: 18 (1) two members of the public residing in different communities with 19 at least one member residing in a community located off the interconnected road 20 system; 21 (2) two members representing recycling companies or incorporated 22 recycling centers; 23 (3) two members representing the electronic manufacturing or retail 24 industry; 25 (4) one member representing a tribal or municipal government that 26 operates a recycling program in a rural community with a population of less than 27 1,000; 28 (5) one member representing a tribal or municipal government that 29 operates a recycling program in an urban community with a population of 25,000 or 30 more; 31 (6) one member representing a statewide tribal organization that assists
01 tribes with recycling issues; 02 (7) one member representing the transportation industry; 03 (8) one member representing a waste collection company or program; 04 (9) one member representing a job training or economic development 05 organization or program; and 06 (10) one member representing a statewide environmental or public 07 health organization. 08 (c) The council shall elect a chair from among its members to serve a two-year 09 term. The council shall meet at the call of the chair. The council shall meet at least 10 quarterly until the initial round of manufacturer e-scrap program plans are approved 11 and then at least semiannually thereafter. 12 (d) A majority of the council members constitutes a quorum. The council shall 13 approve actions and recommendations by majority vote of the members present and 14 provide an opportunity for minority reports. The council may adopt bylaws and a 15 charter if desired to fulfill its duties under this section. 16 (e) A vacancy on the council shall be filled in the same manner as the original 17 selection or appointment for the remainder of the current term. 18 (f) The department shall provide administrative support to the council as 19 needed. 20 (g) Members of the council serve without compensation but are entitled to per 21 diem and travel expenses authorized for boards and commissions under AS 39.20.180. 22 (h) The council shall 23 (1) review and comment on a proposed manufacturer e-scrap program 24 plan before submission of the plan to the department; 25 (2) make recommendations to the department regarding the approval 26 or disapproval of a manufacturer e-scrap program plan; 27 (3) make recommendations to the department regarding the need for 28 plan amendments or other requirements based on annual reports; 29 (4) review and comment on regulations proposed by the department 30 under AS 46.06.230; and 31 (5) by November 1 of each year, beginning in 2026, provide to the
01 department a list of best practices for program collection sites and single-day 02 collection events under manufacturer e-scrap program plans submitted during the 03 following year; best practices must, to the extent practicable, preserve existing 04 collection programs and relationships. 05 Sec. 46.06.280. Exclusions. (a) The provisions of AS 46.06.200 - 46.06.290 do 06 not apply to an electronic device that is 07 (1) part of a motor vehicle or any component part of a motor vehicle 08 assembled by or for a vehicle manufacturer or franchised dealership, including 09 replacement parts for use in a motor vehicle; in this paragraph, "dealership," 10 "franchised," "manufacturer," and "motor vehicle" have the meanings given in 11 AS 45.25.990; 12 (2) functionally or physically part of a larger piece of equipment or 13 that is taken out of service from an industrial, commercial, retail, library checkout, 14 traffic control, kiosk, nonhousehold security, governmental, agricultural, or medical 15 setting, including diagnostic, monitoring, and control equipment; or 16 (3) contained within a clothes washer, clothes dryer, refrigerator, 17 freezer, conventional oven, conventional range, dishwasher, room air conditioner, 18 dehumidifier, water pump, sump pump, or air purifier. 19 (b) A manufacturer e-scrap program may collect an electronic device that 20 meets the criteria in (a)(2) of this section. Notwithstanding (a) of this section, 21 AS 46.06.200 - 46.06.290 apply to any device collected under this subsection. 22 (c) AS 46.06.200 - 46.06.290 do not apply to a manufacturer that assembles 23 and sells fewer than 1,000 units of covered electronic devices annually in the state or 24 that primarily sells covered electronic devices that are substantially composed of 25 rebuilt, refurbished, or used components. 26 (d) Nothing in AS 46.06.200 - 46.06.290 prevents a manufacturer from 27 accepting, through a manufacturer e-scrap program, covered electronic devices 28 collected through a pre-existing collection program that is operated under a collection 29 agreement between a third party and a community. 30 (e) To the extent allowed by law, a covered electronic device or eligible 31 electronic device collected by a manufacturer e-scrap program is not considered
01 hazardous waste, household waste, solid waste, or special waste. 02 Sec. 46.06.290. Definitions. In AS 46.06.200 - 46.06.290, 03 (1) "best practices" means standards for collecting and preparing 04 covered electronic devices for shipment and recycling, including packaging, transport, 05 load size, acceptable load contamination levels, and noncovered electronic devices 06 included in a load; 07 (2) "collector" means a person who collects covered electronic devices 08 at any program collection site or single-day collection event and prepares the devices 09 for transport; 10 (3) "commissioner" means the commissioner of environmental 11 conservation; 12 (4) "community" means 13 (A) an incorporated city; 14 (B) a unified municipality; 15 (C) an incorporated borough; or 16 (D) a place in the unorganized borough in which 15 or more 17 individuals reside as a social unit; 18 (5) "computer" means a desktop computer, notebook computer, or 19 tablet computer; "computer" does not include an automated typewriter, printer, mobile 20 telephone, hand-held calculator, battery-operated portable digital music player, 21 computer keyboard, computer mouse, or associated cables; 22 (6) "computer monitor" means an electronic device that contains a 23 cathode-ray tube or flat panel screen greater than four inches in size when measured 24 diagonally and is intended to display information from a computer; 25 (7) "council" means the electronics recycling advisory council; 26 (8) "covered electronic device" means a computer, small-scale server, 27 computer monitor, television, printer, facsimile machine, scanner, battery-operated 28 portable digital music player with memory capability, digital video disc player, digital 29 video disc recorder, videocassette recorder, video game console, microwave oven, 30 digital converter box, cable receiver, satellite receiver, computer keyboard, computer 31 mouse, or associated cables sold at retail;
01 (9) "covered electronic device category" means the following 02 categories of covered electronic devices: 03 (A) computers and small-scale servers; 04 (B) computer monitors; 05 (C) televisions; 06 (D) printers, facsimile machines, and scanners; 07 (E) digital video disc players, digital video disc recorders, and 08 videocassette recorders; 09 (F) video game consoles; 10 (G) microwave ovens; 11 (H) digital converter boxes, cable receivers, and satellite 12 receivers; and 13 (I) battery-operated portable digital music players, computer 14 keyboards, computer mice, and cables; 15 (10) "covered entity" means any household, nonprofit, educational 16 institution, community, or small business located in the state; 17 (11) "department" means the Department of Environmental 18 Conservation; 19 (12) "desktop computer" means a computer that is controlled by a 20 stand-alone computer keyboard, stand-alone computer mouse or other pointing device, 21 computer monitor or other display unit, and that has a main unit that is not designed 22 for portability and is intended to be persistently located in a single location; 23 (13) "educational institution" means 24 (A) a public or private institution located in the state for grades 25 kindergarten through 12; or 26 (B) a nonprofit institution located in the state that provides 27 postsecondary or vocational education; 28 (14) "eligible electronic device" means any mobile telephone, battery- 29 containing electronic, or electronic device that meets the criteria in AS 46.06.280(a)(2) 30 that is taken out of service in the state, regardless of purchase location; 31 (15) "household" means a single detached dwelling unit or a single
01 unit of a multiple dwelling unit and appurtenant structures; 02 (16) "manufacturer" means a person or successor in interest to a person 03 under whose brand or label a covered electronic device is sold at retail; if a covered 04 electronic device is sold at retail under a brand or label that is licensed from a person 05 who is the owner of the brand or label but does not sell or produce the device, or if a 06 covered electronic device is sold at retail under the brand or label of both the retail 07 seller and the person that produced the device, the person that produced the device or 08 that person's successor in interest, is the manufacturer; 09 (17) "manufacturer clearinghouse" means an entity that prepares and 10 submits a manufacturer e-scrap program plan to the department and oversees an e- 11 scrap program on behalf of two or more manufacturers cooperating with each other to 12 collectively establish and operate an e-scrap program for the purpose of complying 13 with AS 46.06.200 - 46.06.290; 14 (18) "manufacturer e-scrap program" means any program established, 15 financed, and operated by a manufacturer, individually or as part of a manufacturer 16 clearinghouse, to collect, transport, and otherwise prepare for recycling covered 17 electronic devices and eligible electronic devices collected at program sites and single- 18 day collection events in accordance with the requirements of AS 46.06.200 - 19 46.06.290; 20 (19) "market share" means a manufacturer's percentage of all covered 21 electronic devices by weight sold within a covered electronic device category during a 22 specified period; 23 (20) "notebook computer" means a computer that is controlled by a 24 computer keyboard, trackpad or other pointing device, and video display greater than 25 four inches in size when measured diagonally that are all contained within the 26 construction of the unit; 27 (21) "participating manufacturer" means a manufacturer that a 28 manufacturer clearinghouse has listed under AS 46.06.210(a)(1) as a participant in the 29 manufacturer clearinghouse for a calendar year; 30 (22) "person" means an individual, partnership, co-partnership, firm, 31 company, limited liability company, corporation, association, joint stock company,
01 trust, estate, political subdivision, state agency, unit of local government, or any other 02 legal entity, including a trustee, agent, assignee, or similar legal representative; 03 (23) "printer" means a desktop printer, multifunction printer copier, 04 printer and facsimile combination, or an all-in-one device that performs a combination 05 of printing, copying, scanning, and related tasks, that is designed to reside on a work 06 surface; "printer" does not include a floor-standing printer, a printer with optional 07 floor stand, a point-of-sale receipt printer, a calculator with printing capabilities, or a 08 label maker; 09 (24) "program collection site" means a physical location that is 10 included in a manufacturer e-scrap program and at which covered electronic devices 11 are collected and prepared for transport by a collector during a calendar year; 12 (25) "recycler" means any person who transports or later recycles 13 covered electronic devices that have been collected and prepared for transport by a 14 collector at any program collection site or single-day collection event; 15 (26) "recycling" means any process by which covered electronic 16 devices that would otherwise be disposed of or discarded are collected, separated, or 17 processed and returned to the economic mainstream in the form of raw materials or 18 products; 19 (27) "retail collection site" means a private sector collection site 20 operated by a retailer collecting on behalf of a manufacturer; 21 (28) "retailer" means a person who first sells, through a sales outlet, 22 catalog, or Internet website, a covered electronic device at a retail or permanent 23 establishment where covered electronic devices are displayed, held, stored, or offered 24 for sale to the public; 25 (29) "sale" means any retail transfer of title for consideration, 26 including transactions conducted through sales outlets, catalogs, or an Internet website 27 or by any similar means; "sale" does not include financing or leasing; 28 (30) "single-day collection event" means a single-day event used as a 29 substitute for a program collection site; 30 (31) "small business" means a business operating in the state that 31 employs fewer than 50 people;
01 (32) "small-scale server" means a computer that typically uses desktop 02 components in a desktop form designed primarily to serve as a storage host for other 03 computers and that is designed in a pedestal, tower, or other form similar to that of a 04 desktop computer so all data processing, storage, and network interfacing is contained 05 within one box or product; designed to be operational 24 hours a day and 7 days a 06 week; designed to have very little unscheduled downtime, including on the order of 07 hours each year; capable of operating in a simultaneous multi-user environment 08 serving several users through networked client units; and designed for an industry- 09 accepted operating system for home or low-end server applications; 10 (33) "tablet computer" means a computer that is controlled by a touch 11 screen and video display greater than six inches in size when measured diagonally that 12 is contained within the construction of the unit; 13 (34) "television" means an electronic device that contains a cathode- 14 ray tube or flat panel screen greater than four inches in size when measured diagonally 15 and is intended to receive video programming through broadcast, cable, satellite, 16 Internet connection, or other method of video transmission or that is intended to 17 receive video from surveillance cameras or other similar equipment. 18 * Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 19 read: 20 TRANSITION. The commissioner of environmental conservation shall appoint 21 members of the electronics recycling advisory council under AS 46.06.270(b), added by sec. 22 13 of this Act, as soon as practicable. Notwithstanding AS 46.06.270(b), added by sec. 13 of 23 this Act, the commissioner shall appoint seven initial members of the electronics recycling 24 advisory council to serve four-year terms and the remaining six initial members to serve 25 three-year terms. Initial members may be appointed to subsequent two-year terms thereafter. 26 * Sec. 15. This Act takes effect immediately under AS 01.10.070(c).