109th CONGRESS
1st Session
S. 510
To reduce and eliminate electronic waste through recycling.
IN THE SENATE OF THE UNITED STATES
March 3, 2005
Mr. WYDEN (for himself and Mr. TALENT) introduced the following bill; which
was read twice and referred to the Committee on Finance
A BILL
To reduce and eliminate electronic waste through recycling.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Electronic Waste Recycling Promotion and Consumer
Protection Act'.
SEC. 2. FINDINGS.
(1) the National Safety Council estimates that--
(A) in 2003, over 60,000,000 personal computers became obsolete and between
1997 and 2007 more than 500,000,000 computers will need to be discarded;
and
(B) at an average weight of 70 pounds, this will result in over 6,300,000,000
pounds of plastic and 1,600,000,000 pounds of lead added to the supply
of waste needing to be managed;
(2) according to the Environmental Protection Agency--
(A) a computer monitor or television set generally contains 4 to 8 pounds
of lead;
(B) mercury, cadmium, and other heavy metals are generally used in such
equipment as well; and
(C) households and businesses in the United States often do not discard
older computers and televisions when buying newer versions of the same
products;
(3) according to experts, the average household may have between 2 and 3
older computers and televisions in storage, and approximately 20,000,000
to 24,000,000 computers and televisions are placed in storage each year;
(4) according to the Environmental Protection Agency, discarded computer,
television, and other electronic equipment--
(A) when not discarded in large quantities, is currently managed in most
States as municipal solid waste, just like ordinary trash; and
(B) constitute 40 percent of the lead and 70 percent of the heavy metals
that are found in landfills and, if not handled properly, can be released
into the environment, contaminating air and groundwater and posing a significant
threat to human health, including potential damage to kidney, brain, and
nervous system function, and cancer in cases of excessive exposure;
(5) materials used in computers, televisions, and similar electronic products
can be recovered through recycling, which conserves resources and minimizes
the potentially harmful human and environmental health effects of those
materials; and
(6) establishing a nationwide infrastructure for electronic waste recycling
will--
(A) facilitate access of people in the United States to recycling services;
and
(B) improve the efficiency and use of electronic waste recycling.
SEC. 3. DEFINITIONS.
(1) ADMINISTRATOR- The term `Administrator' means the Administrator of the
Environmental Protection Agency.
(2) CATHODE RAY TUBE- The term `cathode ray tube' means a vacuum tube used
to convert an electronic signal into a visual image, for use in a computer
monitor, television, or other piece of electronic equipment.
(A) IN GENERAL- The term `computer' means an electronic, magnetic, optical,
electrochemical, or other high speed data processing device that performs
logical, arithmetic, or storage functions.
(B) EXCLUSIONS- The term `computer' does not include an automated typewriter
or typesetter, video game console, portable hand held calculator, personal
digital assistant, cellular telephone, or other similar device.
(4) CONSUMER- The term `consumer' means--
(A) an occupant of a single, detached dwelling unit or a single unit of
a multiple dwelling unit who--
(i) has used a computer monitor, a television, or another piece of electronic
equipment that contains a display screen or a system unit; and
(ii) used the equipment described in subparagraph (A) at the dwelling
unit of the occupant; and
(B) a commercial, educational, or other entity that discarded for recycling
not more than 20 display screens or system units per year during the previous
5 years.
(A) IN GENERAL- The term `display screen' means a cathode ray tube, flat
panel screen, or other similar video display device with a screen size
of greater than 4 inches, measured diagonally.
(B) EXCLUSION- The term `display screen' does not include commercial or
industrial equipment, or household appliances, that contain--
(ii) a flat panel screen; or
(iii) another similar video device.
(6) HAZARDOUS WASTE- The term `hazardous waste' has the meaning given the
term in section 1004 of the Solid Waste Disposal Act (42 U.S.C. 6903).
(7) RECYCLE--The term `recycle' means the performance of a process by 1
or more persons by which a display screen or a system unit is--
(B) if necessary, transported;
(C) to the maximum extent practicable, separated to recover any component
or commodity inside the display screen or system unit that can be reduced
to raw materials or products; and
(D) treated such that any remaining material is disposed of properly and
in an environmentally sound manner consistent with the Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.).
(8) SYSTEM UNIT- The term `system unit' means--
(A) the casing or portion of a computer that contains the central processing
unit, which performs the primary quantity of data processing; and
(B) the unit that, together with the memory, forms the central part of
the computer, to which peripheral devices may be attached.
(9) UNIVERSAL WASTE- The term `universal waste' has the meaning given the
term in the Environmental Protection Agency Standards of Universal Waste
Management established under section 273 of title 40, Code of Federal Regulations
(and successor regulations).
SEC. 4. CREDIT FOR RECYCLING ELECTRONIC WASTE.
(a) IN GENERAL- Subpart B of part IV of subchapter A of chapter 1 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new section:
`SEC. 30B. CREDIT FOR RECYCLING ELECTRONIC WASTE.
`(a) ALLOWANCE OF CREDIT- In the case of an eligible taxpayer, there shall
be allowed as a credit against the tax imposed by this chapter for the taxable
year an amount equal to $8 per unit of qualified electronic waste that is
collected from consumers and recycled.
`(b) ELIGIBLE TAXPAYER- For purposes of this section, the term `eligible taxpayer'
means any person which--
`(1) collects from consumers and recycles, or arranges for the recycling
of, not less than 5,000 units of qualified electronic waste during that
person's taxable year,
`(2) submits with the person's tax return documentation of the final destination
of all units of electronic waste collected from consumers during the person's
taxable year for the purpose of recycling, and
`(3) certifies that all reclamation and recycling carried out by the person
was performed by an eligible recycler.
`(c) DEFINITIONS- For purposes of this section--
`(1) QUALIFIED ELECTRONIC WASTE- The term `qualified electronic waste' means
any display screen or any system unit.
`(2) CONSUMER, DISPLAY SCREEN; RECYCLE; SYSTEM UNIT- The terms `consumer',
`display screen', `recycle', and `system unit' have the meaning given the
terms by section 3 of the Electronic Waste Recycling Promotion and Consumer
Protection Act.
`(d) DISALLOWANCE OF CREDIT- No credit shall be allowed under this section
for recycling a unit of qualified electronic waste which is collected from
a consumer in a State which has adopted and implemented a statewide program
in accordance with State law which mandates or provides incentives for recycling
electronic waste, including a mandatory per-unit, upfront charge to consumers
for the purpose of recycling electronic waste.
`(1) IN GENERAL- Not later than the date which is 180 days after the date
of the enactment of this section, the Secretary, after consultation with
the Administrator of the Environmental Protection Agency, shall issue such
final regulations as may be necessary and appropriate to carry out this
section.
`(A) IN GENERAL- Subject to subparagraph (B), the regulations issued under
paragraph (1) shall include--
`(i) requirements for certifying recyclers as eligible to recycle qualified
electronic waste,
`(ii) requirements to ensure that all recycling of qualified electronic
waste is performed in a manner that is safe and environmentally sound,
and
`(iii) a provision which allows a tax credit under this section to be
shared by 2 or more eligible taxpayers, provided that the total tax
credit for a unit of electronic waste under this section does not exceed
$8.
`(B) LIMITATION- The Secretary shall not certify a recycler as eligible
under this subsection unless the recycler is--
`(ii) a State or local government.
`(f) TERMINATION- This section shall not apply with respect to any unit of
qualified electronic waste which is recycled after the date which is 3 years
after the date on which the final regulations issued pursuant to subparagraph
(e) take effect.'.
(b) CONFORMING AMENDMENT- The table of sections for subpart B of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended
by adding at the end the following new item:
`Sec. 30B. Credit for recycling electronic waste.'.
(c) EFFECTIVE DATE- The amendments made by this section shall apply with respect
to display screens and system units recycled after the date on which the final
regulations issued pursuant to section 30B of subpart B of part IV of subchapter
A of chapter 1 of the Internal Revenue Code of 1986 (as added by this section)
take effect.
SEC. 5. CONSUMER CREDIT FOR RECYCLING ELECTRONIC WASTE.
(a) IN GENERAL- Subpart A of part IV of subchapter A of chapter 1 of the Internal
Revenue Code of 1986 is amended by inserting after section 25B the following
new section:
`SEC. 25C. CONSUMER CREDIT FOR RECYCLING ELECTRONIC WASTE.
`(a) ALLOWANCE OF CREDIT- In the case of an eligible consumer, there shall
be allowed as a credit against the tax imposed by this chapter for the taxable
year an amount equal to $15 for the recycling of 1 or more units of qualified
electronic waste.
`(b) ELIGIBLE CONSUMER- For purposes of this section, the term `eligible consumer'
means any individual--
`(1) with respect to whom a credit under this section has not been allowed
in any preceding taxable year, and
`(2) who submits with the individual's tax return such information as the
Secretary requires to document that each unit of qualified electronic waste
was recycled by a recycler certified by the Secretary pursuant to subsection
(d).
`(c) DEFINITIONS- For purposes of this section--
`(1) QUALIFIED ELECTRONIC WASTE- The term `qualified electronic waste' means
any display screen or any system unit.
`(2) CONSUMER, DISPLAY SCREEN; RECYCLE; SYSTEM UNIT- The terms `consumer',
`display screen', `recycle', and `system unit' have the meaning given the
terms by section 3 of the Electronic Waste Recycling Promotion and Consumer
Protection Act.
`(1) IN GENERAL- Not later than the date which is 180 days after the date
of the enactment of this section, the Secretary, after consultation with
the Administrator of the Environmental Protection Agency, shall issue such
final regulations as may be necessary and appropriate to carry out this
section.
`(A) IN GENERAL- Subject to subparagraph (B), the regulations issued under
paragraph (1) shall include--
`(i) requirements for certifying recyclers as eligible to recycle qualified
electronic waste, and
`(ii) requirements to ensure that all recycling of qualified electronic
waste is performed in a manner that is safe and environmentally sound.
`(B) LIMITATION- The Secretary shall not certify a recycler as eligible
under this subsection unless the recycler is--
`(ii) a State or local government.
`(e) TERMINATION- This section shall not apply with respect to any unit of
qualified electronic waste which is recycled after the date which is 3 years
after the date on which the final regulations issued pursuant to subsection
(d) take effect.'.
(b) CONFORMING AMENDMENTS-
(1) Section 26(a)(1) of the Internal Revenue Code of 1986 is amended by
striking `and 25B' and inserting `25B, and 25C'.
(2) The table of sections for subpart A of part IV of subchapter A of chapter
1 of such Code is amended by inserting after the item relating to section
25B the following new item:
`Sec. 25C. Consumer credit for recycling electronic waste.'.
(c) EFFECTIVE DATE- The amendments made by this section shall apply with respect
to display screens and system units recycled after the date on which the final
regulations issued pursuant to section 30B of subpart A of part IV of subchapter
A of chapter 1 of the Internal Revenue Code of 1986 (as added by this section)
take effect.
SEC. 6. PROHIBITIONS OF DISPOSAL WITHOUT RECYCLING.
(a) DISPLAY SCREEN AND SYSTEM UNIT DISPOSAL BAN-
(1) IN GENERAL- Effective beginning on the date that is 3 years after the
date of enactment of this Act, if the Administrator determines that a majority
of households in the United States have sufficient access to a recycling
service for display screens and system units, it shall be unlawful for the
operator of a landfill, incinerator, or any other facility for the transfer,
disposal, or storage of municipal solid waste to knowingly receive from
a consumer a display screen or system unit, except for the purpose of recycling
or arranging for the recycling of the display screen or system unit by a
recycler certified as an eligible recycler by the Administrator.
(2) PROCEDURES- Not later than 180 days after the date of enactment of this
Act, the Administrator shall develop and issue guidelines covering waste
handlers and waste transfer stations to assist in developing recycling procedures
for display screens and system units.
(3) EXEMPTIONS- As part of the guidelines issued pursuant to paragraph (2),
the Administrator shall classify display screens and system units as universal
waste and provide for the exemption of display screens and system units
from the requirements of the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.) as necessary to facilitate the collection, storage, and transportation
of display screens and system units for the purpose of recycling.
(b) ENFORCEMENT- A violation of subsection (a) by any person or entity shall
be subject to enforcement under applicable provisions of the Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.).
SEC. 7. RECYCLING OF DISPLAY SCREENS AND SYSTEM UNITS PROCURED BY THE FEDERAL
GOVERNMENT.
(a) DEFINITION OF EXECUTIVE AGENCY- In this section, the term `executive agency'
has the meaning given the term in section 11101 of title 40, United States
Code.
(b) REQUIREMENT FOR RECYCLING- The head of each executive agency shall ensure
that each display screen and system unit procured by the Federal Government--
(1) is recovered upon the termination of the need of the Federal Government
for the display screen or system unit; and
(2) is recycled by a recycler certified as an eligible recycler by the Administrator
through--
(A) a program established after the date of enactment of this Act by the
executive agency, either alone or in conjunction with 1 or more other
executive agencies; or
(B) any other program for recycling or reusing display screens and system
units.
SEC. 8. NATIONWIDE RECYCLING PROGRAM.
(1) IN GENERAL- The Administrator, in consultation with appropriate executive
agencies (as determined by the Administrator), shall conduct a study of
the feasibility of establishing a nationwide recycling program for electronic
waste that preempts any State recycling program.
(2) INCLUSIONS- The study shall include an analysis of multiple programs,
including programs involving--
(A) the collection of an advanced recycling fee;
(B) the collection of an end-of-life fee;
(C) producers of electronics assuming the responsibility and the cost
of recycling electronic waste; and
(D) the extension of a tax credit for recycling electronic waste.
(b) REPORT- Not later than 1 year after the date of enactment of this Act,
the Administrator shall submit to Congress a report describing--
(1) the results of the study conducted under subsection (a);
(2) 1 or more prospective nationwide recycling programs, including--
(A) a cost-benefit analysis of each program, including--
(i) the cost of the program to--
(ii) the estimated overhead and administrative expenses of carrying
out and monitoring the program; and
(B) the quantity of display screens and system units projected to be recycled
under the program;
(3)(A) the benefits of establishing a nationwide take-back provision that
would require, as part of the program, all manufacturers of display screens
or system units for sale in the United States to collect and recycle, or
arrange for the recycling of, display screens and system units; and
(B) a projection of the quantity of display screens and system units that
would be recycled annually under a nationwide take-back provision;
(4)(A) any emerging electronic waste streams, such as--
(i) cellular telephones; and
(ii) personal digital assistants; and
(B) a cost-benefit analysis of including an emerging electronic waste stream
in a national recycling program; and
(5) the progress of the Administrator in carrying out section 6, including--
(A) information on enforcement of the prohibition; and
(B) any increase in recycling as a result of the prohibition.
END
