REPEAL ELECTRONIC WASTE ADVISORY COUNCIL

House Bill 5607

Sponsor:  Rep. Jeff Farrington

Committee:  Regulatory Reform

Complete to 5-21-12

A SUMMARY OF HOUSE BILL 5607 AS INTRODUCED 5-9-12

The bill would repeal Section 17313 of the Natural Resources and Environmental Protection Act, which created the Electronic Waste Advisory Council. 

According to the Department of Environmental Quality (DEQ), the Council (created by Public Act 394 of 2008) was to consist of 10 members that were charged with evaluating the electronic waste program under Part 173 and making recommendations to improve the recycling of covered electronic devices via a report to the Legislature, the Governor, and the DEQ.  Specifically, the report was to evaluate all of the following:

o                   Whether a manufacturer's market share should be used to determine the amount of video display devices required to be recycled annually by the manufacturer.

o                   Whether a manufacturer with a take back program that recycles electronic waste at a higher rate than provided for in [Part 173] part should be granted credits and, if so, the life of the credits, whether the credits would be transferable, and how the credit system should operate.

o                   Whether the nonbinding target for manufacturers recycling covered video display devices under Section 17311 should be increased or decreased and whether the target should be made mandatory.

o                   What items should be included in a mandatory take back program and, if new items are recommended, what the recycling rates should be for those new items.

o                   Whether and how a manufacturer should be sanctioned for failing to meet the requirements of Part 173.

o                   Whether funding for the administration of Part 173 is appropriate or needs to be adjusted.

o                   Whether a program should be developed to recognize manufacturers that implement an expanded recycling program for additional products, such as printers, or recycles electronic waste at a higher rate than provided for in Part 173.

o                   Whether a system should be developed to collect covered electronic devices that are otherwise not collected by a manufacturer.

o                   Whether additional recycling data, such as the amount of covered electronic devices collected by the collectors, should be collected and, if so, how.

o                   Whether a program should be developed and funding should be obtained for grants to expand recycling and recovery programs for covered electronic devices and to provide consumer education related to the programs.

o                   Whether a disposal ban for covered electronic devices is appropriate.

Under Part 173, the Council must be dissolved by July 1, 2012.

MCL 324.17313

FISCAL IMPACT:

House Bill 5607 would have no fiscal impact on the Department of Environmental Quality.  The bill would repeal Section 17313 of NREPA, which established the Electronic Waste Advisory Council in 2008.  According to the Department, the Electronic Waste Advisory Council was never formed.  The statute provided that members of the Council were to serve without compensation for their duties.  In addition, the Council was to submit a report to the Governor, the DEQ, and legislative standing committees on natural resources and the environment by April 1, 2012, that evaluated the electronic waste program and made recommendations concerning program improvements and funding.  Under current law, the Council was required to be disbanded on July 1, 2012.

                                                                                           Legislative Analyst:   Jeff Stoutenburg

                                                                                                  Fiscal Analyst:   Viola Bay Wild

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.