ELECTRONIC WASTE RECYCLING ACT CLEARS ASSEMBLY
Measure Would Make New Jersey Fifth State to Create Responsible System
For Collecting, Reusing, Disposing Chemical-Laden Computers, Televisions

(TRENTON) - The Assembly today passed legislation Assemblymen Reed Gusciora, John F. McKeon, Upendra J. Chivukula and Robert M. Gordon sponsored to establish a statewide collection and recycling program for used computers and other electronic products laced with toxic metals and dangerous chemicals.

The bill (A-3572) - the Electronic Waste Recycling Act - would ban the disposal of applicable electronic devices and component parts as solid waste effective January 1, 2009.  The measure also would require $5,000-a-year state registration fees for electronics producers.

"Many people don't realize that their television sets and computers are veritable compendiums of the periodic table," said Gusciora.  "The circuit boards, batteries and liquid crystal displays can produce a threat to human health and the environment.  We need to make it as easy to responsibly dispose of these products as it is for them to be purchased."

The measure would help New Jersey meet the mounting challenge of how to deal with the most rapidly growing component of the state's waste stream: electronic waste, or "e-waste."  Television sets, computers and other information age devices are laden with lead, mercury, cadmium, lithium, phosphorous coatings, PVC plastics and other environmentally harmful agents that can pose a threat to human health if burned or if they leach into water supplies.

If enacted, New Jersey would join California, Washington, Maryland and Maine as states that have enacted laws to control e-waste and encourage the recycling of electronic products.

The legislation would ensure that manufacturers and residents use safe and environmentally-sound management practices when discarding unwanted electronics.  In 2005, businesses and citizens across the country replaced 65 million computers and discarded 130 million cellphones according to the Computer Takeback Campaign, an environmental group that advocates for electronic-waste regulations.

"Consumer electronic products become obsolete at staggering rates," said McKeon (D-Essex).  "The tossing of old computers, cell phones, and other devices present overwhelming challenges and it is an area of waste disposal that needs prompt and thorough attention by the state."

The bill would require every retailer to clearly post and provide information from the state's Department of Environmental Protection (DEP) that would describe how to recycle the covered electronic device, in addition to the locations for the collection or return of the device.  DEP also would offer a Web site, a toll-free telephone number, information included in the packaging, or information provided accompanying the sale of a covered electronic device, such as a television or copier.

The bill also would direct the DEP to post a plan that would establish the per-capita collection and recycling goals and maintain lists of all manufacturers in compliance with the act's requirements and names of collectors, transporters, and recyclers that meet specific performance standards.

"While electronic waste still represents only a small portion of the overall waste stream, its potential impact on the environment and public health is enormous," said Chivukula (D-Somerset).  "We have to get a better handle on the problem."

"Yesterday's hottest electronic trend too often ends up as today's environmental headache," said Gordon (D-Bergen).  "The days of allowing the disposal of electronic devices to be legal should be numbered."

Manufacturers or groups of manufacturers conducting their own collection, transportation, and recycling programs would submit annual reports to the DEP, which would include the results of an auditable sampling with the weight of the electronic waste as well as documentation verifying collection and recycling of such devices.
Manufacturers that collect, transport, and recycle covered electronic devices in excess of their obligation may sell their excess credits to another registrant or apply the excess credits to the following year's recycling obligation. Any manufacturer that fails to comply with the terms of its approved plan would be required to submit payment to the DEP to cover the cost of collecting, transporting and recycling the unmet portion of its obligation, plus a penalty fee equal to the cost of collecting, transporting and recycling 10 percent of the manufacturer's total obligation.    

The measure was passed by the Assembly by a 52 to 29 vote.  It now heads to the Senate for further consideration.

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