Legislature(2023 - 2024)BUTROVICH 205

03/15/2024 03:30 PM Senate RESOURCES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 164 STATE PARK PERMITS FOR DISABLED VETERANS TELECONFERENCED
Heard & Held
-- Public Testimony --
*+ SB 175 ELECTRONIC DEVICE RECYCLING TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
*+ HB 143 ADVANCED RECYCLING AND FACILITIES TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
               SB 175-ELECTRONIC DEVICE RECYCLING                                                                           
SB 175-ELECTRONIC DEVICE RECYCLING                                                                                          
                                                                                                                                
3:33:20 PM                                                                                                                    
CO-CHAIR  GIESSEL  reconvened  the   meeting  and  announced  the                                                               
consideration  of SENATE  BILL NO.  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."                                                                                                                
                                                                                                                                
3:33:49 PM                                                                                                                    
LÖKI  TOBIN,  Senator,  District  I,  Alaska  State  Legislature,                                                               
Juneau, Alaska, sponsor of SB 175, introduced herself.                                                                          
                                                                                                                                
3:33:56 PM                                                                                                                    
LOUIE   FLORA,   Staff,   Senator  Loki   Tobin,   Alaska   State                                                               
Legislature, Juneau, Alaska, introduced himself.                                                                                
                                                                                                                                
3:34:00 PM                                                                                                                    
SENATOR TOBIN presented the opening statement.                                                                                  
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
                        Senate Bill 175                                                                                       
                                                                                                                              
                  Electronic Device Recycling                                                                                 
                                                                                                                              
                       Sponsor Statement                                                                                      
                                                                                                                              
     Senate  Bill 175  creates a  manufacturer-funded system                                                                    
     for collecting and  recycling electronic devices. Flat-                                                                    
     screen  televisions,   computer  monitors,   and  other                                                                    
     electronic devices have grown  integral to modern life,                                                                    
     business, and education. With  ever more devices, there                                                                    
     is a growing problem of electronic waste in Alaska.                                                                        
                                                                                                                                
     SB 175  introduces the practice of  product stewardship                                                                    
     for   electronic  devices   sold  in   Alaska.  Product                                                                    
     stewardship is  a program where the  manufacturer of an                                                                    
     electronic device  assumes financial  responsibility on                                                                    
     a  life-cycle  basis  for  that  device.  Manufacturers                                                                    
     would   allocate  funding   to  cover   collection  and                                                                    
     recycling activities.  These costs are  currently borne                                                                    
     by communities,  non-profit organizations,  Tribes, and                                                                    
     businesses.                                                                                                                
                                                                                                                                
     Electronic  waste associated  with  human health  risks                                                                    
     includes lead  used in the  cathode ray tubes  found in                                                                    
     computer and  TV screens, cadmium used  in rechargeable                                                                    
     computer batteries, contacts  and switches, and mercury                                                                    
     used in  the liquid  crystal displays of  mobile phones                                                                    
     and  flat  screen  computer  monitors  as  well  as  in                                                                    
     switches,  batteries   and  fluorescent   lamps.  These                                                                    
     components are  especially problematic in  rural Alaska                                                                    
     where community  landfills are often  unlined, allowing                                                                    
     harmful  chemicals to  be released  into local  waters.                                                                    
     Landfill  fires  that  include electronic  devices  can                                                                    
     cause smoke inhalation hazards in communities.                                                                             
                                                                                                                                
     If SB 175  passes, Alaska will join half  the states in                                                                    
     the nation,  Canada and many other  countries in having                                                                    
     a product stewardship law. Under  SB 175 a manufacturer                                                                    
     offering  electronic devices  covered  under this  bill                                                                    
     for sale  in Alaska would register  with the Department                                                                    
     of Environmental Conservation  and allocate funding for                                                                    
     the  collection and  recycling of  devices proportional                                                                    
     to  the  volume  of their  sales.  Manufacturers  would                                                                    
     register  individually  or  join a  clearinghouse  that                                                                    
     specializes   in   implementing  these   programs   and                                                                    
     dividing the costs of  the program among manufacturers.                                                                    
     This will  create a funding  stream to cover  the costs                                                                    
     of  collection, transportation  and recycling  which is                                                                    
     currently  funded by  a  mix of  grants  and local  tax                                                                    
     revenue.                                                                                                                   
                                                                                                                                
     SB 175  was developed  by the  Alaska Solid  Waste Task                                                                    
     Force.  Stakeholders  in  the task  force  include  the                                                                    
     Alaska  Native  Tribal  Health Consortium,  the  Alaska                                                                    
     Department   of  Environmental   Conservation,  Kawerak                                                                    
     Incorporated,  and  Zender  Environmental.  SB  175  is                                                                    
     supported  by the  Alaska  Federation  of Natives,  the                                                                    
     Solid  Waste Association  of North  America as  well as                                                                    
     numerous communities, organizations, and businesses.                                                                       
                                                                                                                                
SENATOR  TOBIN   gave  a  brief  acknowledgment   to  her  former                                                               
classmates for  their help in  starting the University  of Alaska                                                               
Anchorage (UAA) Recycling  Club, which is now supported  by a fee                                                               
at the university.  She also expressed condolences  to the family                                                               
of the  late Gary  Smith from Total  Reclaim, who  had previously                                                               
allowed her to  volunteer for Community E-Waste  Recycling Day in                                                               
exchange  for  fare  tickets  during  her  university  days.  She                                                               
mentioned another  invited testifier, the  Environmental Director                                                               
of Kawerak, who  collaborated with her on  e-recycling efforts in                                                               
the Nome community after her  return from the Peace Corps. Alaska                                                               
has  over 184  unlined landfills,  and the  chemicals from  these                                                               
devices  are  leaching into  water  systems.  According to  data,                                                               
companies like  Dell Technologies,  which earned $102  billion in                                                               
2022, are  financially capable  of supporting  e-waste recycling.                                                               
Currently, the burden of  collecting, transporting, and recycling                                                               
electronic  waste  in  Alaska  falls  on  communities,  nonprofit                                                               
organizations,  tribes, and  businesses, with  entities like  the                                                               
Nome-based    nonprofit   Kawerak    carrying    much   of    the                                                               
responsibility.                                                                                                                 
                                                                                                                                
3:39:20 PM                                                                                                                    
MR. FLORA presented the sectional analysis for SB 175:                                                                          
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
                             SB 175                                                                                           
                                                                                                                              
                       Sectional Analysis                                                                                     
                                                                                                                              
     Section  1      (page  1)  Legislative   findings.  The                                                                  
     legislature  finds   that  the   collaboration  between                                                                    
     manufacturers  of electronic  devices  to establish  an                                                                    
     electronic recycling program  is protected from federal                                                                    
     anti-trust actions.                                                                                                        
                                                                                                                                
     Section  2     (page  2) Amends  AS  29.10.200  to  add                                                                  
     regulation of  electronic device recycling to  the list                                                                    
     of restrictions on home rule municipality powers.                                                                          
                                                                                                                                
     Section  3    (page  2)  Adds  a new  Sec.  29.35.142.,                                                                  
     providing  that the  authority to  regulate electronics                                                                    
     recycling is reserved by the state.                                                                                        
                                                                                                                                
     Section 4    (page 2) Amends AS  45.50.572(b) a chapter                                                                  
     on  competitive practices,  regulation of  competition,                                                                    
     consumer  protection which  prohibits monopolies.  This                                                                    
     section   adds  the   Electronic  Product   Stewardship                                                                    
     Program  to the  list of  programs shielded  from anti-                                                                    
     trust  actions. SB  175  authorizes multiple  companies                                                                    
     that manufacture  electronic devices to  combine forces                                                                    
     to create a  clearing house for the  purpose of funding                                                                    
     the  program. This  section ensures  that the  clearing                                                                    
     house will be protected from anti-trust lawsuits.                                                                          
                                                                                                                                
     Sections 5 through 12 -  (pages 2-6) Conforming changes                                                                
     to  ensure  existing  statute at  Title  46  Chapter  6                                                                    
     Recycling  and Reduction  of Litter  applies to  itself                                                                    
     and  not  the  proposed  new  statute  relating  to  an                                                                    
     Electronic Product Stewardship Program.                                                                                    
                                                                                                                                
     Section 13 - (pages 6    23) Establishes the Electronic                                                                  
     Product  Stewardship  Program   in  the  Department  of                                                                    
     Environmental Conservation.                                                                                                
                                                                                                                                
     Section  46.06.200 (page  6) Requires  manufacturers of                                                                  
     the following  electronic devices sold in  the state to                                                                    
     register annually  with the State of  Alaska: computers                                                                    
     and    small-scale    servers;    computer    monitors;                                                                    
     televisions;  printers,  fax  machines,  and  scanners;                                                                    
     digital   video  disc   players,  digital   video  disc                                                                    
     recorders,  and  videocassette  recorders;  video  game                                                                    
     consoles;  microwave  ovens; digital  converter  boxes,                                                                    
     cable receivers, and  satellite receivers; and battery-                                                                    
     operated  portable  digital   music  players,  computer                                                                    
     keyboards, computer mice, and cables.                                                                                      
                                                                                                                                
     Section  46.06.210  (pages 7-10)  Manufacturer  e-scrap                                                                  
     program    plans;    manufacturer   and    manufacturer                                                                    
     clearinghouse   responsibilities.    Manufacturers   of                                                                    
     electronic devices  shall submit an annual  plan to the                                                                    
     Electronics  Recycling Advisory  Council for  feedback,                                                                    
     and incorporate this feedback into  a plan submitted to                                                                    
     DEC.   Plans  must   include  contact   information,  a                                                                    
     description  of  the  methods  used  in  achieving  the                                                                    
     recycling  program, audit  and accounting  information,                                                                    
     and  timelines  for  implementation.  The  manufacturer                                                                    
     shall  assume all  costs of  implementing the  plan. If                                                                    
     two  or  more  manufacturers  are  participating  in  a                                                                    
     manufacturer  clearing house  the clearing  house shall                                                                    
     assume  all   costs  and  manufacturers  shall   pay  a                                                                    
     proportional  share based  on national  sales over  the                                                                    
     past two years.                                                                                                            
                                                                                                                                
     Section    46.06.220    (pages    10-12)    Establishes                                                                  
     requirements  for   the  community   electronic  device                                                                    
     collection sites including  the frequency of collection                                                                    
     events, and collector responsibilities.                                                                                    
                                                                                                                                
     Section    46.06.230   (page    12,   13)    Department                                                                  
     responsibilities.  DEC  shall  review  and  approve  or                                                                    
     disapprove  electronic   recycling  plans   and  annual                                                                    
     reports, conduct  periodic studies to determine  if new                                                                    
     devices  should  be  added to  the  recycling  program,                                                                    
     report to  the legislature  every two years  after 2030                                                                    
     on the  effectiveness of the  program. DEC  shall write                                                                    
     regulations  to  establish  the amount  and  manner  of                                                                    
     payment   of   a   program   administration   fee   for                                                                    
     manufacturers  and manufacturer  clearinghouses covered                                                                    
     under this  act. DEC may adopt  further regulations for                                                                    
     the implementation, and enforcement of the program.                                                                        
                                                                                                                                
     Section 46.06.240  (page 14) Outreach  requirements for                                                                  
     manufacturers  of electronic  devices participating  in                                                                    
     recycling programs  established by  this act,  for DEC,                                                                    
     for   retailers   of   electronic  devices,   and   for                                                                    
     communities.                                                                                                               
                                                                                                                                
     Section  46.06.250 (page  14,  15)  Prohibited acts.  A                                                                  
     person may  not knowingly mix electronic  waste covered                                                                    
     under this  act with landfill waste,  may not knowingly                                                                    
     burn electronic waste. A retailer  may not sell devices                                                                    
     covered  under this  act unless  they  are labeled  and                                                                    
     branded.  A  manufacturer  may not  provide  electronic                                                                    
     devices  covered under  this act  unless it  is labeled                                                                    
     and branded.  An electronic  recycling program  may not                                                                    
     charge fees for collection.                                                                                                
                                                                                                                                
     Section 46.06.260  (page 15) Establishes  penalties for                                                                  
     false  statements,  submitting falsified  reports,  and                                                                    
     failure to pay registration fees.                                                                                          
                                                                                                                                
     Section  46.06.270 (pages  16,  17)  Establishes a  13-                                                                  
     member    multi-stakeholder    Electronics    Recycling                                                                    
     Advisory  Council,  appointed  by the  Commissioner  of                                                                    
     DEC,  to  serve  two-year  terms. The  purpose  of  the                                                                    
     Advisory  Council  is  to  review   and  comment  on  a                                                                    
     proposed  manufacturer  e-scrap   program  plan  before                                                                    
     submission  of the  plan to  the  department; (2)  make                                                                    
     recommendations   to  the   department  regarding   the                                                                    
     approval  or  disapproval  of  a  manufacturer  e-scrap                                                                    
     program   plan;  (3)   make   recommendations  to   the                                                                    
     department regarding  the need  for plan  amendments or                                                                    
     other requirements based on  annual reports; (4) review                                                                    
     and comment  on regulations proposed by  the department                                                                    
     under  AS 46.06.230;  and  (5) by  November  1 of  each                                                                    
     year, beginning  in 2026, provide  to the  department a                                                                    
     list  of best  practices for  program collection  sites                                                                    
     and single-day collection  events under manufacturer e-                                                                    
     scrap program plans.                                                                                                       
                                                                                                                                
     Section 46.06.280 (page  18) Describes those electronic                                                                  
     devices items that are not  subject to the terms of the                                                                    
     act.                                                                                                                       
                                                                                                                                
     Section 46.06.290 (pages 19-23) Definitions                                                                              
                                                                                                                                
     Section 14 - Transition  section regarding seats on the                                                                  
     Advisory Council. The  commissioner shall appoint seven                                                                    
     initial members  of the electronics  recycling advisory                                                                    
     council to serve four-year terms  and the remaining six                                                                    
     initial  members  to  serve three-year  terms.  Initial                                                                    
     members  maybe appointed  to subsequent  two-year terms                                                                    
     thereafter.                                                                                                                
                                                                                                                                
     Section 15 - Immediate effective date                                                                                    
                                                                                                                                
3:47:39 PM                                                                                                                    
SENATOR CLAMAN  expressed concern  about the  size of  the board,                                                               
noting that 13 members seem  excessive. While he acknowledged the                                                               
importance of  public participation,  he questioned the  need for                                                               
such a large number.                                                                                                            
                                                                                                                                
3:47:57 PM                                                                                                                    
MR.  FLORA  explained  that  the  13-member  board  reflects  the                                                               
diverse stakeholders  identified by  the Solid Waste  Alaska Task                                                               
Force. However,  he acknowledged that  the number of  seats could                                                               
be  reconsidered  and  deferred  to the  invited  testifiers  for                                                               
further input.                                                                                                                  
                                                                                                                                
3:48:36 PM                                                                                                                    
SENATOR KAUFMAN asked  whether Alaskans would be  ready to comply                                                               
with  an  immediate  effective  date  under  SB  175,  expressing                                                               
concern about the feasibility of meeting such a timeline.                                                                       
                                                                                                                                
3:49:04 PM                                                                                                                    
SENATOR  TOBIN  replied  that the  immediate  effective  date  is                                                               
intended to  help initiate the  regulation process.  However, the                                                               
actual  program  is  not  set  to  go  into  effect  until  2029,                                                               
providing  ample time  to  establish  the framework,  collaborate                                                               
with community partners, and implement the necessary plans.                                                                     
                                                                                                                                
3:49:28 PM                                                                                                                    
CO-CHAIR GIESSEL announced invited testimony on SB 175.                                                                         
                                                                                                                                
3:50:06 PM                                                                                                                    
LELANDE   REHARD,   Manager,   Policy   and   Programs,   Product                                                               
Stewardship Institute,  Anchorage, Alaska,  moved to slide  2 and                                                               
described the  Product Stewardship Institute. He  stated that the                                                               
organization includes  members from  state and  local governments                                                               
across the  country, who also  serve on  its board and  guide its                                                               
direction. Its goal is to  support and promote the policies being                                                               
discussed   today.  The   organization  also   collaborates  with                                                               
industry   partners,   international   governments,   and   other                                                               
stakeholders to better inform proposed bills and programs.                                                                      
                                                                                                                                
3:51:00 PM                                                                                                                    
MR.  REHARD moved  to  slide 3  and  explained extended  producer                                                               
responsibility (EPR):                                                                                                           
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     EXTENDED PRODUCER RESPONSIBILITY                                                                                         
                                                                                                                                
     A  law   that  extends   a  producer's   financial  and                                                                    
     managerial   responsibility   for  its   products   and                                                                    
     packaging  beyond   the  manufacturing  stage      both                                                                    
     upstream   to   product   design  and   downstream   to                                                                    
     postconsumer reuse, recycling, or safe disposal.                                                                           
                                                                                                                                
MR.  REHARD noted  that EPR  extends a  producer's responsibility                                                               
beyond  product  design  and  consumer   use  to  include  reuse,                                                               
recycling, and  safe disposal. This approach  gives manufacturers                                                               
both  a  financial  and  managerial   stake  in  the  end-of-life                                                               
management of their  products. He noted that while this  is not a                                                               
new  concept,  it  has  been  a  long-standing  policy  that  has                                                               
successfully  funded waste  management and  recycling in  Europe,                                                               
Canada, and other countries for decades.                                                                                        
                                                                                                                                
3:51:48 PM                                                                                                                    
MR. REHARD moved to  slide 4 and spoke to EPR laws  in the U.S in                                                               
2000:                                                                                                                           
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     U.S. EPR LAWS IN 2000                                                                                                    
                                                                                                                              
        • 8 laws                                                                                                                
        • 1 product                                                                                                             
        • 7 states                                                                                                              
                                                                                                                                
MR. REHARD noted  that EPR is prevalent in the  United States and                                                               
is  growing.  In 2000,  when  the  Product Stewardship  Institute                                                               
first began, there  were eight product stewardship  laws in seven                                                               
states, specifically for batteries. Iowa had two of these laws.                                                                 
                                                                                                                                
3:52:05 PM                                                                                                                    
MR. REHARD moved to  slide 5 and spoke to the  status of EPR laws                                                               
as of 2024:                                                                                                                     
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     U.S. EPR LAWS 2024                                                                                                       
                                                                                                                                
        • 136 laws                                                                                                              
        • 18 products                                                                                                           
        • 33 states                                                                                                             
                                                                                                                                
MR. REHARD  stated that approximately 260  million Americans live                                                               
in states with product stewardship laws and programs.                                                                           
                                                                                                                                
3:52:24 PM                                                                                                                    
MR. REHARD  moved to slide 6  and spoke to a  bar chart depicting                                                               
EPR laws  from 2000 to  2023. He stated that  product stewardship                                                               
laws have been  growing rapidly since 2000 and  are now expanding                                                               
exponentially, with the number of  such laws expected to increase                                                               
in the  coming year.  These laws  are becoming  a key  policy for                                                               
managing  challenging waste  and promoting  recycling instead  of                                                               
landfill disposal.                                                                                                              
                                                                                                                                
3:52:46 PM                                                                                                                    
MR. REHARD  moved to slide  7 and spoke  to a graphic  that shows                                                               
product categories. He highlighted  that product stewardship laws                                                               
are  used  to manage  waste  across  several product  categories,                                                               
including batteries,  pharmaceuticals, and  packaging. Currently,                                                               
four  states  in  the  U.S.   have  programs  covering  packaging                                                               
materials like  cans, bottles, and  paper. Additional  states are                                                               
expected to adopt similar programs soon.                                                                                        
                                                                                                                                
3:53:13 PM                                                                                                                    
MR. REHARD moved to slide 8 and  spoke to states in the U.S. that                                                               
follow electronics EPR laws. He  noted that electronics is one of                                                               
the oldest  product stewardship categories  in the  country, with                                                               
23 states  and the District of  Columbia having some form  of law                                                               
and program for managing electronic  waste. However, the programs                                                               
vary by  state. While some  states, like Oregon,  Washington, New                                                               
Jersey,  and Minnesota,  have robust  programs,  others are  less                                                               
developed. He expressed disapproval  Missouri's program, which he                                                               
would not recommend for adoption in Alaska or other states.                                                                     
                                                                                                                                
3:53:49 PM                                                                                                                    
MR.  REHARD  moved  to  slide  9 and  explained  the  process  of                                                               
implementing EPR programs:                                                                                                      
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     How does EPR work?                                                                                                       
                                                                                                                              
       Law passes, manufacturers register with AK DEC and                                                                       
     join a Producer Responsibility Organization (PRO).                                                                         
                                                                                                                                
      PRO develops a Program Plan and submits it to AK DEC                                                                      
     and Advisory Council.                                                                                                      
                                                                                                                                
     Producer fees based on cost to the program and divided                                                                     
     based on a producer's market share.                                                                                        
                                                                                                                                
     PRO implements the program using local infrastructure,                                                                     
     submits annual reports to AK DEC and Advisory Council.                                                                     
                                                                                                                                
MR. REHARD  noted that after  a law, such  as SB 175,  is passed,                                                               
there   is  a   lengthy   implementation   period  during   which                                                               
manufacturers or producers register  with the Department and join                                                               
a  coordinating  body,  often called  a  Producer  Responsibility                                                               
Organization (PRO)  in Europe. PROs specialize  in managing these                                                               
laws on behalf of multiple  manufacturers, unlike single entities                                                               
like  Dell,  which might  manage  only  their products.  The  PRO                                                               
develops  a plan  by consulting  with  communities and  logistics                                                               
experts to  meet the  law's objectives.  Funding for  the program                                                               
comes from  manufacturers based  on their  market share,  such as                                                               
Samsung's obligation that is proportional  to its share of the TV                                                               
market.   Once   funded,   the  PRO   collaborates   with   local                                                               
infrastructure   to   manage  collection,   transportation,   and                                                               
recycling  of materials.  The PRO  also  ensures compliance  with                                                               
industry and state standards.  Regular reports, typically annual,                                                               
are  provided   to  the  advisory  council   to  demonstrate  the                                                               
program's effectiveness,  outreach efforts, and adherence  to the                                                               
law's goals.                                                                                                                    
                                                                                                                                
3:56:56 PM                                                                                                                  
SENATOR DUNBAR  asked whether he  is familiar enough with  SB 175                                                               
to  comment on  the specifics  of this  legislation or  if he  is                                                               
speaking generally about these programs.                                                                                        
                                                                                                                                
3:57:06 PM                                                                                                                    
MR. REHARD replied  that he could discuss specifics  about SB 175                                                               
to  the best  of his  ability but  noted that  he may  request to                                                               
follow up later with responses to any questions.                                                                                
                                                                                                                                
3:57:24 PM                                                                                                                    
SENATOR DUNBAR acknowledged his  general understanding of SB 175.                                                               
However, he  expressed concern about  Sections AS  46.06.250, and                                                               
AS  46.06.260  of  SB  175, which  address  prohibited  acts  and                                                               
penalties  for individuals.  He noted  that he  was surprised  to                                                               
find provisions  imposing fines of  up to $10,000  on individuals                                                               
for  actions  such as  improperly  disposing  of electronics.  He                                                               
opined that  these implications would  have a  significant impact                                                               
and   questioned   whether   such   significant   penalties   for                                                               
individuals,  rather than  corporate  polluters,  are typical  in                                                               
other states and how these fines are applied.                                                                                   
                                                                                                                                
3:58:48 PM                                                                                                                    
MR. REHARD explained  that the penalties in SB 175  are part of a                                                               
broader approach  to waste  management known  as a  landfill ban.                                                               
This  policy encourages  the use  of recycling  infrastructure by                                                               
prohibiting the disposal of certain  items in landfills. He noted                                                               
that while  not all  states use landfill  bans, the  inclusion of                                                               
penalties aims  to ensure compliance with  the recycling program.                                                               
He  clarified  that  the  specifics  of  penalty  structures  and                                                               
enforcement are  typically decided by individual  states based on                                                               
their   existing   statutes   and  fee   structures.   He   cited                                                               
Massachusetts  as an  example of  a state  with notable  landfill                                                               
bans,  while  Washington  is  known   for  its  strong  recycling                                                               
programs but  fewer landfill bans.  He emphasized that  the exact                                                               
fee structures and enforcement practices  are determined by state                                                               
stakeholders   and  agencies,   and  he   deferred  to   Alaska's                                                               
Department of  Environmental Conservation (DEC) to  decide on the                                                               
appropriate approach for enforcement and penalties.                                                                             
                                                                                                                                
4:00:32 PM                                                                                                                    
SENATOR  DUNBAR expressed  appreciation for  the explanation  and                                                               
requested additional  information on the enforcement  of landfill                                                               
bans.  He  asked  for  evidence  or  examples  from  states  with                                                               
landfill  bans, such  as Massachusetts,  regarding  how and  when                                                               
these  bans   are  enforced.  He  expressed   concern  about  the                                                               
practical  enforcement of  such  bans, noting  the potential  for                                                               
numerous  daily  violations,  such as  individuals  inadvertently                                                               
disposing  of  old  electronics.  He  requested  details  on  how                                                               
enforcement is handled in practice  and how often such violations                                                               
are addressed.                                                                                                                  
                                                                                                                                
4:01:21 PM                                                                                                                    
MR.  REHARD  explained  that  enforcement  of  landfill  bans  is                                                               
typically  not  directed  at  individuals.  Instead,  enforcement                                                               
often involves  landfill inspectors who notice  prohibited items,                                                               
such as electronics, and then  work with trash haulers to improve                                                               
outreach and  inform customers  about proper  disposal practices.                                                               
He  stated  that, based  on  his  experience with  various  state                                                               
departments,  individual  fines  for such  violations  are  rare.                                                               
Enforcement  usually  focuses  on   improving  practices  at  the                                                               
landfill  and ensuring  compliance through  better education  and                                                               
outreach.  Enforcement   practices  might  vary  in   Alaska  and                                                               
suggested  considering  the  practicality and  reasonableness  of                                                               
such fees and bans in the state.                                                                                                
                                                                                                                                
4:02:16 PM                                                                                                                    
SENATOR  TOBIN recommended  reviewing page  14 of  SB 175,  which                                                               
outlines significant  outreach requirements to inform  the public                                                               
about  potential penalties  for  violating  the legislation.  She                                                               
noted  that some  invited testifiers  would discuss  practices in                                                               
rural Alaska, where  managed facilities are less  common. In such                                                               
areas,  improper disposal  of materials  might occur  at unmanned                                                               
sites.  The  bill   aims  to  educate  the   public  and  clarify                                                               
penalties,  rather   than  primarily  targeting   enforcement  of                                                               
improper  disposal in  remote areas.  The goal  of SB  175 is  to                                                               
provide  education and  ensure  understanding  of the  electronic                                                               
recycling program's requirements and consequences.                                                                              
                                                                                                                                
4:03:26 PM                                                                                                                    
SENATOR  DUNBAR  noted  that  his  mother  formerly  managed  the                                                               
recycling  program in  Cordova and  raised concerns  about equity                                                               
issues  in enforcing  recycling  bans. He  said  rural areas  and                                                               
small  towns  might  lack  well-established  recycling  programs,                                                               
making  enforcement   challenging.  He  questioned  how   SB  175                                                               
addresses  these  issues, noting  that  residents  in such  areas                                                               
might  face  difficulties   accessing  recycling  facilities  and                                                               
affording proper disposal. He asked  whether the intent should be                                                               
to address  these equity concerns without  penalizing individuals                                                               
in such situations.                                                                                                             
                                                                                                                                
4:04:15 PM                                                                                                                    
SENATOR TOBIN replied that is correct.                                                                                          
                                                                                                                                
4:04:41 PM                                                                                                                    
SENATOR  KAUFMAN  asked  whether  there  are  considerations  for                                                               
potential  issues related  to Alaska's  small  and remote  market                                                               
when implementing recycling statutes.  He expressed concern that,                                                               
given  Alaska's  limited  population and  remote  supply  chains,                                                               
there might  be risks  of adverse  reactions from  businesses. He                                                               
questioned  whether there  could be  situations where  businesses                                                               
might  respond to  new recycling  fees or  requirements in  a way                                                               
that could impact  availability or access to products,  such as a                                                               
scenario where a  retailer might withhold sales  of certain items                                                               
due to new regulations.                                                                                                         
                                                                                                                                
4:05:28 PM                                                                                                                    
MR.  REHARD  acknowledged  the  concern  about  potential  market                                                               
impacts  due to  new recycling  statutes  in a  small and  remote                                                               
market like  Alaska. He noted  that similar concerns  were raised                                                               
in  Hawaii,  which  has  an   electronics  EPR  program,  but  no                                                               
significant issues  have been reported.  He explained  that while                                                               
logistical challenges  exist, the overall cost  of these programs                                                               
is relatively small compared to  industry revenues. For instance,                                                               
a program may cost around  $4 to $5 million annually, translating                                                               
to  approximately  35  cents per  pound  of  collected  material,                                                               
compared  to  retail  sales  revenue   of  $500  billion.  Larger                                                               
manufacturers  are obligated  to  participate,  while very  small                                                               
businesses may be exempt from  these requirements, minimizing the                                                               
burden on smaller entities.                                                                                                     
                                                                                                                                
4:07:47 PM                                                                                                                    
SENATOR  CLAMAN asked  whether  states  with similar  electronics                                                               
recycling  laws have  observed any  significant changes  in sales                                                               
due  to the  additional  cost being  incorporated  into the  sale                                                               
price  of electronics.  He  inquired about  the  impact of  these                                                               
recycling fees on consumer behavior and sales figures.                                                                          
                                                                                                                                
4:08:10 PM                                                                                                                    
MR.  REHARD replied  no. He  said  that, generally,  there is  no                                                               
significant  change  in  sales  prices  attributed  to  recycling                                                               
programs,  except when  a  direct consumer  fee  is involved.  He                                                               
noted that California's  model includes a fee added  at the point                                                               
of sale, which  is different from the approach  being proposed in                                                               
Alaska. In other states with  similar programs, such as those for                                                               
electronics and  packaging, there is no  noticeable cost increase                                                               
linked  specifically  to  these programs.  Studies  on  packaging                                                               
programs  show no  discernible impact  on  consumer goods  prices                                                               
beyond what might be attributed to inflation or sales tax.                                                                      
                                                                                                                                
4:09:12 PM                                                                                                                    
SENATOR   CLAMAN  asked   whether,  considering   the  California                                                               
example,  when  purchasing a  computer,  consumers  would pay  an                                                               
additional fee directly  on top of the sales tax,  which would be                                                               
added to the final price at the point of sale.                                                                                  
                                                                                                                                
4:09:29 PM                                                                                                                    
MR.  REHARD  replied  that  he  believes  California  charges  an                                                               
additional fee specifically for TVs  and monitors, which is added                                                               
to the final  price at the point  of sale. This fee  is listed on                                                               
their website  and is updated  occasionally. Unlike  the proposed                                                               
program for  Alaska, this fee  directly impacts  consumers rather                                                               
than obligating manufacturers.                                                                                                  
                                                                                                                                
4:10:35 PM                                                                                                                    
AHNAMA  SHANNON,  Environmental  Director, Kawerak,  Inc.,  Nome,                                                               
Alaska, invited testimony  for SB 175. She moved to  slide 11 and                                                               
noted  that Kawerak,  Inc. is  a  native nonprofit  in Nome  that                                                               
serves the Bering Strait region.  She discussed the challenges of                                                               
waste  management  in  small villages,  highlighting  a  strategy                                                               
implemented  by her  organization over  the past  15 years.  This                                                               
strategy involves  collecting household hazardous  materials from                                                               
small villages,  repackaging them  in Nome,  and sending  them to                                                               
Seattle for  proper recycling.  She emphasized  the environmental                                                               
and  health issues  associated with  rural  landfills, which  are                                                               
unlined and  often involve burning  trash to reduce  volume. This                                                               
practice  releases  dioxins  and  toxins  into  the  environment,                                                               
contaminating  the  air  and water  table,  and  affecting  human                                                               
health,   particularly   for   those  involved   in   subsistence                                                               
practices.  The  slide  displays  images  of  village  landfills,                                                               
illustrating the  close proximity  of these sites  to residential                                                               
areas and  the lack  of proper  waste management.  Removing toxic                                                               
electronic  waste from  these landfills  is important  to protect                                                               
human health and improve  environmental conditions. She expressed                                                               
hope  that SB  175 could  lead  to future  expansions to  address                                                               
other products.                                                                                                                 
                                                                                                                                
4:13:57 PM                                                                                                                    
MS.  SHANNON  moved  to  slide   12  and  highlighted  the  close                                                               
proximity of  landfills to community spaces,  such as playgrounds                                                               
and schools, which is a common  issue in small communities due to                                                               
their limited footprint. During winter,  the need for easy access                                                               
to  landfills  often results  in  them  being situated  close  to                                                               
residential areas.  She pointed out the  environmental and health                                                               
risks  associated  with  burning waste,  particularly  electronic                                                               
waste, which  releases harmful  dioxins. In  2014, she  and other                                                               
professionals  established  the  Solid Waste  Alaska  Task  Force                                                               
(SWAT  team), with  their initial  focus on  the Backhaul  Alaska                                                               
program.  This  initiative   involves  transporting  electronics,                                                               
lead-acid batteries, and other hazardous  materials to Seattle or                                                               
other locations  for proper recycling.  The program  has received                                                               
strong  support  from  industry   and  federal  sources.  Through                                                               
extensive  meetings  and   collaboration  with  various  sectors,                                                               
including  transportation  and  finance, they  explored  ways  to                                                               
sustain these  recycling efforts. They discovered  the concept of                                                               
product stewardship, which involves  sharing the cost burden with                                                               
the industry  that produces these  products. This  approach holds                                                               
manufacturers  responsible  and  encourages  them  to  share  the                                                               
burden, plus  encourages manufacturers to  create longer-lasting,                                                               
less disposable  products. The team studied  successful models of                                                               
product  stewardship,  such  as  the  one  in  Victoria,  British                                                               
Columbia,  and sees  it  as a  potential  long-term solution  for                                                               
maintaining  a  clean  environment  and  promoting  recycling  in                                                               
Alaska.                                                                                                                         
                                                                                                                                
4:17:15 PM                                                                                                                    
MS. SHANNON  moved to slide 13  and said she is  representing the                                                               
boots  on the  ground perspective.  With 15  years of  experience                                                               
running  the  program  at  Kawerak,  Inc.,  she  highlighted  the                                                               
significant costs  of shipping recyclables from  Nome to Seattle,                                                               
which can  amount to $7,000 for  a Conex container. This  cost is                                                               
only  for shipping  from Nome,  not including  the transportation                                                               
from  remote villages  to Nome.  She explained  that many  small,                                                               
rural  landfills  have  major   issues,  including  proximity  to                                                               
schools and homes,  which poses health risks  from burning trash.                                                               
The program  at Kawerak aims  to remove hazardous  materials from                                                               
these  landfills  to  prevent  environmental  contamination.  She                                                               
noted that  the landfill  situation is  common across  many small                                                               
places  due   to  the  small  footprint   of  these  communities.                                                               
Expanding   recycling    infrastructure   and    implementing   a                                                               
comprehensive   statewide  program   could  help   address  these                                                               
challenges. She supported the idea  of product stewardship, where                                                               
the burden of recycling costs  is shared with industry, making it                                                               
a  more sustainable  solution for  managing electronic  waste and                                                               
other materials.  The proposed bill would  help small communities                                                               
establish better  recycling programs, improving their  ability to                                                               
manage waste and protect the environment and public health.                                                                     
                                                                                                                                
4:19:01 PM                                                                                                                    
REILLY   KOSINKI,  Specialist,   Waste  Logistics   and  Training                                                               
Development,  Zender  Environmental  Health and  Research  Group,                                                               
Haines, Alaska, invited testimony for  SB 175. He spoke to slides                                                               
13 - 14:                                                                                                                        
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     Electronics are the best products to start with                                                                          
                                                                                                                              
     Why electronics?                                                                                                           
                                                                                                                                
         40 lbs per year of Electronics per person are                                                                          
     discarded annually. They are a growing waste.                                                                              
                                                                                                                                
     They contain  toxic heavy  metals (e.g.  lead, mercury,                                                                    
     cadmium),  PFAS,  and  more   that  can  affect  neuro-                                                                    
     development,  motor  development,  behavioral  control,                                                                    
     and are teratogenic and carcinogenic.                                                                                      
                                                                                                                                
       Unlike lead-acid batteries, most electronics don't                                                                       
     demand a market price.                                                                                                     
                                                                                                                                
MR.  KOSINSKI   stated  that  Zender  Environmental   Health  and                                                               
Research Group is  a 501(c)(3) nonprofit based  in Anchorage that                                                               
provides training  and technical assistance to  rural communities                                                               
on solid waste issues.  He said he is also a  member of the Solid                                                               
Waste Alaska Task  Force and serves as  the statewide coordinator                                                               
for the Backhaul  Alaska program. He explained  that the Backhaul                                                               
Alaska program aims to establish  a statewide framework to enable                                                               
communities  to  effectively  and affordably  ship  out  hard-to-                                                               
manage materials, thus diverting them  from landfills. One of the                                                               
materials  the Backhaul  Alaska  program focuses  on is  e-waste,                                                               
which  is  visible,  bulky,  and   contains  materials  that,  if                                                               
improperly  disposed of  or burned,  can pose  significant risks.                                                               
Groundwork  efforts  have been  successful  over  the past  15-20                                                               
years to help people recycle  e-waste. Many rural communities use                                                               
Class III landfills  and often resort to burning  waste to reduce                                                               
volume, which exacerbates the problem  of hazardous materials. He                                                               
shared  his experience  in  the  field over  the  past 17  years,                                                               
noting that while  there is a general understanding  of the risks                                                               
associated  with  e-waste  and  a   desire  to  recycle  it,  the                                                               
challenge  remains  the high  cost  of  proper disposal.  Despite                                                               
individual and  group efforts,  including programs  like Backhaul                                                               
Alaska,  there is  a  lack  of a  sustainable  funding source  to                                                               
support  regular, statewide  shipments of  e-waste. SB  175 would                                                               
ensure  that even  the smallest  and most  remote communities  in                                                               
Alaska  receive   the  necessary  resources  to   manage  e-waste                                                               
consistently and effectively, providing  a long-term solution for                                                               
recycling electronics.                                                                                                          
                                                                                                                                
4:21:47 PM                                                                                                                    
MR.  KOSINSKI  moved  to  slide   15  and  spoke  to  third-party                                                               
engagement on e-waste  management efforts. He said  it took years                                                               
of  engagement with  many stakeholders  to reach  this point.  He                                                               
emphasized  that  numerous  people contributed  input  throughout                                                               
various  stages  of  the  process,  which  is  reflected  in  the                                                               
resolutions   passed  by   organizations  such   as  the   Alaska                                                               
Federation of  Natives (AFN) and  the Solid Waste  Association of                                                               
North  America's  Alaska   chapter  (SOWANA).  These  resolutions                                                               
support  product stewardship  for managing  e-waste, underscoring                                                               
the collaborative effort and broad support for SB 175.                                                                          
                                                                                                                                
4:22:20 PM                                                                                                                    
MR. KOSINSKI moved  to slide 16 and explained the  benefits of SB
175:                                                                                                                            
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     Many Benefits                                                                                                            
                                                                                                                                
       Help protect subsistence resources from toxics and                                                                       
     rural health in other ways.                                                                                                
                                                                                                                                
      Create jobs and infrastructure in rural communities,                                                                      
        as well as Alaska's recycling and transportation                                                                        
     sectors.                                                                                                                   
                                                                                                                                
     Bring revenue to Alaska's struggling tribal and local                                                                      
     governments                                                                                                                
                                                                                                                                
       Bolster rural technical skills capacity and ensure                                                                       
     safe handling of hazardous materials.                                                                                      
     Recover valuable metals                                                                                                    
                                                                                                                                
MR. KOSINSKI noted that SB  175 would provide a long-term funding                                                               
source, enabling  both rural  and urban  areas to  divert e-waste                                                               
from landfills and ensure proper  recycling. This would integrate                                                               
these materials  back into  the circular  economy. He  noted that                                                               
product stewardship  for e-waste  is already  in place  in nearly                                                               
half  the  states, with  similar  programs  existing for  various                                                               
other materials in even more  states. The lower 48 states benefit                                                               
from  such  programs.  Alaska, with  its  unique  challenges  and                                                               
needs,   stands  to   benefit  significantly   from  this   bill,                                                               
especially for rural communities.                                                                                               
                                                                                                                                
4:23:50 PM                                                                                                                    
CO-CHAIR GIESSEL  concluded invited  testimony and  opened public                                                               
testimony on SB 175.                                                                                                            
                                                                                                                                
4:24:18 PM                                                                                                                    
SIMONE SEBALO,  Deputy Director, Zender Environmental  Health and                                                               
Research  Group,  Haines,  Alaska, offered  to  answer  questions                                                               
related to  SB 175.  She introduced  herself as  a member  of the                                                               
Solid Waste  Alaska Task Force  and a collaborator with  Riley on                                                               
the Backhaul Alaska program. She  mentioned she has been involved                                                               
in  product  stewardship  since  2017.  She  offered  to  provide                                                               
support and assist with any questions related to SB 175.                                                                        
                                                                                                                                
4:24:45 PM                                                                                                                    
CO-CHAIR GIESSEL  closed public  testimony and  concluded invited                                                               
testimony  on  SB  175.  She invited  Senator  Tobin  to  provide                                                               
closing remarks.                                                                                                                
                                                                                                                                
4:25:06 PM                                                                                                                    
SENATOR TOBIN noted that the  large number of participants on the                                                               
Advisory   Council  reflects   the   significant  investment   in                                                               
developing  the proposal.  She opined  that having  diverse input                                                               
from various stakeholders is crucial  for effective and inclusive                                                               
decision-making. SB 175 would  support existing community efforts                                                               
to manage hazardous  materials and addresses the  need to improve                                                               
waste management practices. Ensuring  everyone lives in a healthy                                                               
community is a fundamental goal of the bill.                                                                                    
                                                                                                                                
4:26:23 PM                                                                                                                    
CO-CHAIR GIESSEL  expressed gratitude  for SB  175. She  shared a                                                               
personal experience  of paying to  recycle computers  rather than                                                               
disposing of  them improperly. She highlighted  the environmental                                                               
and health impacts of e-waste and  commended the effort to find a                                                               
solution.                                                                                                                       
                                                                                                                                
4:26:53 PM                                                                                                                    
CO-CHAIR GIESSEL held SB 175 in committee.                                                                                      
                                                                                                                                

Document Name Date/Time Subjects
SB 175 Sponsor Statement.pdf SRES 3/15/2024 3:30:00 PM
SB 175
SB 175, version B.pdf SRES 3/15/2024 3:30:00 PM
SB 175
SB 175 Sectional Analysis, version B.pdf SRES 3/15/2024 3:30:00 PM
SB 175
SB 175 Fiscal Note DEC 3.7.24.pdf SRES 3/15/2024 3:30:00 PM
SB 175
SB 175 Supporting Documents_ SWANA Resolution.pdf SRES 3/15/2024 3:30:00 PM
SB 175
SB 175 Supporting Documents_AFN Resolution 23-19.pdf SRES 3/15/2024 3:30:00 PM
SB 175
SB 175 Supporting Documents_Donlin Gold Backhaul Project.pdf SRES 3/15/2024 3:30:00 PM
SB 175
SB 175 Product Stewardship and SWAT SRES Presentation 3.15.24.pdf SRES 3/15/2024 3:30:00 PM
SB 175
HB 143 Sponsor Statement.pdf SRES 3/15/2024 3:30:00 PM
HB 143
HB 143 Sectional Analysis, version B.pdf SRES 3/15/2024 3:30:00 PM
HB 143
HB 143, version B.pdf SRES 3/15/2024 3:30:00 PM
HB 143
HB 143 Fiscal Note DEC 1.24.24.pdf SRES 3/15/2024 3:30:00 PM
HB 143
HB 143 Summary of Changes (version A to B).pdf SRES 3/15/2024 3:30:00 PM
HB 143
SB 175 Letters of Support 3.14.24.pdf SRES 3/15/2024 3:30:00 PM
SB 175
HB 143 Letters of Support 3.14.24.pdf SRES 3/15/2024 3:30:00 PM
HB 143
SB 175 Supporting Documents_Alaska Electronics Product Stewardship Summary.pdf SRES 3/15/2024 3:30:00 PM
SB 175