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SENATE BILL NO. 175
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - SECOND SESSION
BY SENATOR TOBIN
Introduced: 1/16/24
Referred: Prefiled
A BILL
FOR AN ACT ENTITLED
"An Act relating to an electronic product stewardship program; relating to collection, 1
recycling, and disposal of electronic equipment; establishing the electronics recycling 2
advisory council; and providing for an effective date." 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
* Section 1. The uncodified law of the State of Alaska is amended by adding a new section 5
to read: 6
LEGISLATIVE FINDINGS AND INTENT. The activities authorized by 7
AS 46.06.200 - 46.06.290, added by sec. 12 of this Act, require collaboration among 8
manufacturers, manufacturer clearinghouses, and other entities that perform activities directly 9
related to manufacturer e-scrap programs. These activities will enable collection, recycling, 10
and disposal of covered electronic devices in a safe and effective manner, which is in the best 11
interest of the public. The benefits of collaboration, together with the active state supervision 12
provided by the Department of Environmental Conservation under AS 46.06.200 - 46.06.290, 13
outweigh potential adverse effects. Therefore, the legislature intends to provide immunity 14 33-LS1018\B
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through the state action doctrine from federal antitrust laws for participating in manufacturer 1
e-scrap programs as required by AS 46.06.200 - 46.06.290. 2
* Sec. 2. AS 29.10.200 is amended by adding a new paragraph to read: 3
(68) AS 29.35.142 (electronic device recycling). 4
* Sec. 3. AS 29.35 is amended by adding a new section to read: 5
Sec. 29.35.142. Regulation of electronic device recycling. (a) The authority 6
to regulate electronics recycling is reserved to the state, and, except as specifically 7
provided by statute, a municipality may not enact or enforce an ordinance governing 8
electronics recycling, including the collection or recycling of covered electronic 9
devices and eligible electronic devices under AS 46.06.200 - 46.06.290. 10
(b) This section applies to home rule and general law municipalities. 11
* Sec. 4. AS 45.50.572(b) is amended to read: 12
(b) AS 45.50.562 - 45.50.596 do not forbid actions or arrangements authorized 13
or regulated under the laws of the United States that exempt these actions or 14
arrangements from application of the antitrust laws of the United States or under the 15
following statutes of this state: 16
(1) AS 06.05.235 and 06.05.570; 17
(2) AS 10.15; [AND] 18
(3) AS 31.05.110; and 19
(4) AS 46.06.200 - 46.06.290. 20
* Sec. 5. AS 46.06.010 is amended to read: 21
Sec. 46.06.010. Powers of the department. The department shall 22
(1) serve as the coordinating agency among public and private 23
organizations in the state that are involved in the control, reduction, and recycling of 24
litter; 25
(2) assist local governments in the adoption and amendment of 26
ordinances relating to the control, reduction, and recycling of litter; 27
(3) promote voluntary local programs and information campaigns that 28
encourage the public to refrain from littering and to participate in efforts to clean up 29
and recycle litter; 30
(4) inform the public of, and encourage the public to comply with, the 31 33-LS1018\B
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provisions of AS 46.06.010 - 46.06.150 [THIS CHAPTER] and regulations adopted 1
under AS 46.06.010 - 46.06.150 [THIS CHAPTER]; 2
(5) encourage federal, state, and local agencies to assist programs for 3
the recycling of litter by allowing the use of publicly owned land, buildings, or 4
equipment for those programs whenever possible; 5
(6) apply for, receive, and expend grants, loans, and other monetary 6
and nonmonetary assistance for use in programs established under AS 46.06.010 - 7
46.06.150 [THIS CHAPTER]; 8
(7) determine the types of materials or energy that may be profitably 9
recovered from litter, and adopt regulations under AS 44.62 (Administrative 10
Procedure Act) that require the recovery of the materials or energy; 11
(8) adopt other regulations under AS 44.62 (Administrative Procedure 12
Act) necessary to implement AS 46.06.010 - 46.06.150 [THIS CHAPTER]. 13
* Sec. 6. AS 46.06.031(c) is amended to read: 14
(c) This section does not diminish the responsibility of a person to comply 15
with AS 46.06.010 - 46.06.150 [THIS CHAPTER], AS 46.03, AS 46.04, or AS 46.09. 16
* Sec. 7. AS 46.06.100 is amended to read: 17
Sec. 46.06.100. Notice to public. The penalties imposed for littering shall be 18
posted along the public highways of the state, at visitor centers, at entrances to state 19
parks and recreational areas, at public beaches, and at other publicly owned public 20
places the commissioner determines necessary to accomplish the purposes of 21
AS 46.06.010 - 46.06.150 [THIS CHAPTER]. The state agency or municipality 22
responsible for litter removal from a public place shall post the notice required by this 23
section. 24
* Sec. 8. AS 46.06.110 is amended to read: 25
Sec. 46.06.110. Enforcement authority. (a) The following persons are 26
authorized to enforce the provisions of AS 46.06.010 - 46.06.150 [THIS CHAPTER]: 27
(1) a state employee authorized by the commissioner; and 28
(2) a peace officer. 29
(b) The department shall prescribe a citation form, which shall be used by all 30
peace officers and persons in the state who are authorized to enforce the provisions of 31 33-LS1018\B
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AS 46.06.010 - 46.06.150 [THIS CHAPTER]. The citation form must meet the 1
requirements of AS 12.25.175 - 12.25.230. 2
* Sec. 9. AS 46.06.120 is amended to read: 3
Sec. 46.06.120. Grants. The department may make grants to state agencies, to 4
municipalities, and to private organizations including nonprofit organizations for the 5
establishment and operation of programs authorized under AS 46.06.010 - 46.06.150 6
[THIS CHAPTER]. A grant under this section may not exceed 18 months. A program 7
qualifying for a grant under this section may include 8
(1) courses of instruction at, or the distribution of informative 9
materials to, elementary and secondary schools; 10
(2) purchase and erection of roadside signs; 11
(3) organization and operation of litter removal activities conducted by 12
municipalities, private organizations or, service groups using volunteer help; 13
(4) a public information program to inform the public concerning the 14
reduction of litter using the media including use of the electronic media; 15
(5) expansion of existing, and planning, design, and construction of 16
new, facilities for the recovery of materials and energy from litter; 17
(6) research and evaluation of markets for the materials and energy 18
recovered from litter; 19
(7) advice and assistance, including information and consultation on 20
available technology, operating procedures, organizational arrangements, markets for 21
materials or energy obtained from litter, transportation alternatives, and publicity 22
techniques; 23
(8) surveys by public agencies or recognized research organizations to 24
assess the amount and composition of litter [,] and rates of littering; 25
(9) the purchase of litter receptacles; 26
(10) the creation or expansion of litter law enforcement programs; 27
(11) the initial purchase or lease of recycling equipment, the cost of 28
operating that equipment, and the cost of storing and transporting materials before and 29
after those materials are recycled. 30
* Sec. 10. AS 46.06.130(a) is amended to read: 31 33-LS1018\B
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(a) The department shall adopt regulations under AS 44.62 (Administrative 1
Procedure Act) that establish 2
(1) eligibility requirements for applicants for a grant under 3
AS 46.06.120; 4
(2) standards for the evaluation of proposals submitted by applicants 5
for grants under AS 46.06.120; and 6
(3) other conditions for the receipt of a grant under AS 46.06.120 that 7
are necessary to achieve the purposes of AS 46.06.010 - 46.06.150 [THIS 8
CHAPTER]. 9
* Sec. 11. AS 46.06.140 is amended to read: 10
Sec. 46.06.140. Federal requirements. If a federal department or agency 11
issues a formal ruling that a section of AS 46.06.010 - 46.06.150 [THIS CHAPTER] 12
will prevent the state from receiving federal financial participation in a program or 13
activity established under AS 46.06.010 - 46.06.150 [THIS CHAPTER], the section 14
does not apply to the extent that it causes the program or activity to lose federal 15
funding. 16
* Sec. 12. AS 46.06.150 is amended to read: 17
Sec. 46.06.150. Definitions. In AS 46.06.010 - 46.06.150 [THIS CHAPTER], 18
(1) "beverage container" means the individual, separate, sealed glass, 19
metal or plastic bottle, can, jar or carton containing beer or other malt beverages or 20
carbonated soft drinks, in liquid form; 21
(2) "commissioner" means the commissioner of environmental 22
conservation; 23
(3) "degradable" means a characteristic of a material that allows the 24
material to be broken down by biological, chemical, photochemical, or other physical 25
processes 26
(A) within two years upon exposure to natural elements; and 27
(B) to a particle size and chemical composition that may be 28
assimilated harmlessly and aesthetically into the environment without 29
producing a residue or by-product determined by the department to be 30
hazardous; 31 33-LS1018\B
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(4) "department" means the Department of Environmental 1
Conservation; 2
(5) "litter" means all waste material including disposable packages or 3
containers disposed of in a manner prohibited by AS 46.06.080, but does not include 4
the wastes of the primary processes of mining or other extraction process, logging, 5
sawmilling, farming, or manufacturing; 6
(6) "litter bag" means a bag, sack, or other container made of any 7
material that [WHICH] is large enough and suitable to serve as a receptacle for litter 8
inside a vehicle or vessel; 9
(7) "public place" means public or private property that is used or held 10
out for use by the public, whether owned or operated by public or private interests, 11
including [BUT NOT LIMITED TO] highways or other roads on [UPON] which 12
vehicles are moved, parks, campgrounds, trailer parks, drive-in and fast food 13
restaurants, gasoline service stations, marinas, boat launching areas, boat moorage and 14
fueling stations, public and private piers, beaches, bathing areas, school grounds, 15
sporting event sites with seating capacity for more than 200 spectators, business 16
district sidewalks, parking lots for taverns, shopping centers and grocery stores, and 17
other parking lots if they have a capacity for more than 50 vehicles; 18
(8) "vehicle" means a mechanically driven device of any kind that is 19
used for the transportation of a person or property on a public highway, trail, or path; 20
(9) "vessel" means all descriptions of watercraft used or capable of 21
being used as a means of transportation on the water. 22
* Sec. 13. AS 46.06 is amended by adding new sections to read: 23
Article 2. Electronic Product Stewardship Program. 24
Sec. 46.06.200. Manufacturer registration. (a) By June 30, 2027, and 25
annually thereafter, a manufacturer of covered electronic devices sold in the state shall 26
register with the department, for a period to cover the upcoming calendar year, by 27
completing and submitting to the department the registration form prescribed by the 28
department. The registration must include 29
(1) a list of all brands and labels under which the manufacturer's 30
covered electronic devices are offered for sale in the state; 31 33-LS1018\B
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(2) the weight of all individual covered electronic devices by covered 1
electronic device category sold or offered for sale under any of the manufacturer's 2
brands or labels in the United States during the previous two calendar years before the 3
applicable calendar year; and 4
(3) any other information required by the department to implement 5
AS 46.06.200 - 46.06.290. 6
(b) If a manufacturer's covered electronic devices are sold or offered for sale 7
in the state during a calendar year under a brand that is not listed in the manufacturer's 8
registration, the manufacturer shall amend the registration to add the brand within 30 9
days after the first sale or offer for sale under that brand. 10
(c) A manufacturer subject to this section shall pay the program administration 11
fee established under AS 46.06.230(e) to the department at the time of submission of 12
the manufacturer's registration under (a) of this section. 13
Sec. 46.06.210. Manufacturer e-scrap program plans; manufacturer and 14
manufacturer clearinghouse responsibilities. (a) Beginning in 2027, a manufacturer 15
of covered electronic devices in the state shall submit a proposed manufacturer e-scrap 16
program plan to the electronics recycling advisory council by March 31 for the 17
upcoming calendar year. Upon receiving feedback from the council, the manufacturer 18
shall make any necessary changes based on the feedback and submit a manufacturer e-19
scrap program plan to the department at the time of submission of the manufacturer's 20
registration under AS 46.06.200. A manufacturer may satisfy the requirements of this 21
subsection through a manufacturer clearinghouse. A manufacturer e-scrap program 22
plan must include 23
(1) contact information for the manufacturer or manufacturer 24
clearinghouse and a comprehensive list of all manufacturers participating in the plan 25
for the upcoming calendar year and the contact information for all participants; 26
(2) a description of the transportation and recycling systems, service 27
providers, collectors, and processors used, including a description of how the 28
manufacturer or manufacturer clearinghouse will 29
(A) seek to use businesses or organizations in the state, 30
including retailers, charities, processors, local or tribal organizations, local 31 33-LS1018\B
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health care facilities, and collection and transportation services; and 1
(B) fairly compensate collectors and processors for services; 2
(3) the methods for the reasonably convenient collection of all types of 3
covered electronic devices in rural and urban areas throughout the state, including the 4
quantity and locations of the program collection sites and single-day collection events 5
required under AS 46.06.220(a); 6
(4) a description of how the plan will provide service to all covered 7
entities in the state; 8
(5) the processes and methods used to recycle covered electronic 9
devices and eligible electronic devices, including a description of the processing that 10
will be used and the facility location; 11
(6) documentation of audits of each processor used in the plan and 12
compliance with the plan's processing standards; 13
(7) a description of the accounting and reporting systems that will be 14
employed; 15
(8) a timeline that describes startup, implementation, and progress 16
toward milestones with anticipated results; 17
(9) a description of the public information campaign that will be used 18
to inform consumers about how to recycle their covered electronic devices at the end 19
of the life of the product; 20
(10) a description of how manufacturers participating in the plan will 21
communicate and work with processors to promote and encourage design of electronic 22
products and their components for recycling; and 23
(11) if two or more manufacturers are participating in a manufacturer 24
clearinghouse, a certification that the methodology used to allocate responsibility 25
among participating manufacturers will comply with (c) of this section. 26
(b) If the department determines that a manufacturer e-scrap program plan 27
fails to meet the requirements in this section, the manufacturer or manufacturer 28
clearinghouse shall submit an updated plan to the department within 30 days after the 29
date of disapproval. 30
(c) A manufacturer shall assume financial responsibility for all costs 31 33-LS1018\B
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associated with implementing a manufacturer e-scrap program plan after approval. A 1
manufacturer clearinghouse shall allocate a participating manufacturer's financial 2
responsibility by 3
(1) calculating the manufacturer's market share for each covered 4
electronic device category based on the total weight of all individual covered 5
electronic devices sold or offered for sale in each category under any of the 6
manufacturer's brands or labels in the United States during the previous two calendar 7
years before the applicable calendar year; and 8
(2) adding the percentages calculated under (1) of this subsection. 9
(d) If a manufacturer e-scrap program fails to provide collection site services 10
in each community as required under AS 46.06.220(a) or meet other plan 11
requirements, the manufacturer or manufacturer clearinghouse shall submit a revised 12
plan to the department within 60 days after the failure that addresses how the 13
manufacturer e-scrap program will be adjusted to meet the requirements. 14
(e) A manufacturer or manufacturer clearinghouse shall notify the department 15
of any modification to the manufacturer e-scrap program plan. If the department 16
determines that the manufacturer or manufacturer clearinghouse significantly modified 17
the plan, the manufacturer or manufacturer clearinghouse shall submit a revised plan 18
that describes the modifications within 60 days after the department's determination. 19
(f) Beginning in 2029, a manufacturer with an approved manufacturer e-scrap 20
program plan for the previous calendar year shall file an annual report with the 21
department on or before March 31 that covers the previous calendar year. A 22
manufacturer may satisfy this requirement through a manufacturer clearinghouse if the 23
manufacturer used a clearinghouse to submit the manufacturer e-scrap program plan 24
for the previous calendar year. The annual report must include 25
(1) the collection services provided in each community, including a list 26
of all collection sites and services operating in the state in the previous calendar year 27
and who operated the sites; 28
(2) a list of processors used, including subcontractors that further 29
process or recycle covered electronic devices or electronic components used, the
30
weight of covered electronic devices and eligible electronic devices processed by each 31 33-LS1018\B
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processor, and a description of the processes and methods used to recycle the devices, 1
including a description of the processing and facility locations; 2
(3) an estimate of the weight of each type of material recovered from 3
the processing of recycled collected devices; types of material recovered must include, 4
at a minimum, cathode ray tube glass, circuit boards, batteries, mercury-containing 5
devices, plastics, and metals; 6
(4) an estimate of the percentage, by weight, of all collected devices 7
that are reused, recycled, or become residual waste disposed of in another manner; 8
(5) the outreach efforts that were undertaken; 9
(6) a list of manufacturers that participated in the plan; 10
(7) a description of program revenue and costs, including the total cost 11
of the program and the average cost of the program per pound of covered electronic 12
devices and eligible electronic devices collected; 13
(8) a detailed accounting of the following costs of the program: 14
(A) program delivery, including 15
(i) education and promotional efforts; 16
(ii) collection; 17
(iii) transportation; and 18
(iv) processing and labor; and 19
(B) program administration; and 20
(9) a description of the methods used by the program to collect, 21
transport, recycle, and process collected devices. 22
(g) To the extent feasible, manufacturers and manufacturer clearinghouses 23
shall collaborate with electronic product retailers, utilities furnishing solid waste 24
material collection and disposal services, recyclers, charities, tribes, local 25
governments, and other businesses in the state in the development and implementation 26
of the program plan. 27
Sec. 46.06.220. Collection site requirements; collector responsibilities. (a) 28
Beginning in 2028, a manufacturer or manufacturer clearinghouse shall, at a 29
minimum, operate program collection sites in the following quantities during a 30
calendar year depending on community populations as determined by the most recent 31 33-LS1018\B
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decennial census conducted by the United States Bureau of the Census: 1
(1) 15 collection sites in each community that has a population of 2
250,000 or more, including at least five year-round collection sites; 3
(2) five year-round collection sites in each community that has a 4
population of at least 30,000 but less than 250,000; 5
(3) three year-round collection sites in each community that has a 6
population of at least 15,000 but less than 30,000; 7
(4) two year-round collection sites in each community that has a 8
population of at least 10,000 but less than 15,000; 9
(5) one year-round collection site in each community that has a 10
population of at least 5,500 but less than 10,000; and 11
(6) one single-day collection event for each calendar year in each 12
community that has a population of less than 5,500. 13
(b) A community may enter into a written agreement with a manufacturer or 14
manufacturer clearinghouse to substitute a program collection site required under (a) 15
of this section with four or more single-day collection events in the community. 16
(c) A collector that operates a program collection site or single-day collection 17
event during a calendar year shall 18
(1) accept all covered electronic devices delivered to the collection site 19
or collection event during the calendar year; 20
(2) ensure that collected devices are sorted and loaded in compliance 21
with federal, state, and local law, and with the best practices agreed to by the 22
electronics recycling advisory council for the calendar year; 23
(3) separate collected devices from other material; 24
(4) package collected devices in a structurally sound manner to prevent 25
breakage during transportation; and 26
(5) load collected devices onto pallets secured with plastic wrap or in 27
pallet-sized bulk containers before shipping. 28
(d) A collector shall sort collected devices into the following categories: 29
(1) computer monitors and televisions containing a cathode-ray tube, 30
other than televisions with wooden exteriors; 31 33-LS1018\B
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(2) computer monitors and televisions containing a flat panel screen; 1
(3) all other covered televisions; 2
(4) computers; 3
(5) all other covered electronic devices and eligible electronic devices; 4
and 5
(6) any electronic device not part of the manufacturer e-scrap program 6
that the collector has arranged to have picked up in addition to covered electronic 7
devices and for which a financial arrangement has been made to cover the recycling 8
costs outside of the manufacturer e-scrap program. 9
(e) A manufacturer e-scrap program may use retail collection sites to satisfy 10
some or all of the collection site obligations under this section. A retailer may serve as 11
a collector and a site may serve as a retail collection site only by agreement of 12
(1) the retailer; 13
(2) the operators of the manufacturer e-scrap program; and 14
(3) the community in which the retailer or retail collection site is 15
located. 16
Sec. 46.06.230. Department responsibilities. (a) Within 60 days after 17
receiving a manufacturer e-scrap program plan, the department shall review and 18
approve or disapprove the plan and provide written notification of the department's 19
decision, including the reasons for the approval or disapproval, to the designated point 20
of contact for the manufacturer or manufacturer clearinghouse. The department shall 21
approve the plan if the department determines the plan satisfies AS 46.06.210. 22
(b) Within 90 days after receiving an annual report from a manufacturer or 23
manufacturer clearinghouse, the department shall review the report and provide 24
written notification to the designated point of contact for the manufacturer or 25
manufacturer clearinghouse of any need for additional information or documentation 26
or any deficiency identified by the department in the manufacturer e-scrap program. 27
(c) Every four years, beginning in 2028, the department shall conduct 28
(1) a study to determine whether the definition of "covered electronic 29
device" should be expanded to include additional electronic products, such as those 30
from emerging technological waste streams; and 31 33-LS1018\B
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(2) a survey of household generation of e-scrap in the state to evaluate 1
the waste stream and the effectiveness of manufacturer e-scrap programs. 2
(d) Every two years, beginning in 2030, the department shall evaluate the 3
manufacturer e-scrap program and report the results of the evaluation to the 4
legislature. 5
(e) The department shall adopt regulations to establish the amount and manner 6
of payment of a program administration fee for manufacturers and manufacturer 7
clearinghouses covered by AS 46.06.200 - 46.06.290. Fee levels must be reasonably 8
calculated to ensure that the total amount of fees collected from all manufacturers and 9
manufacturer clearinghouses cover the costs to the department for administering and 10
enforcing AS 46.06.200 - 46.06.290. The department shall review the fee amounts 11
annually and reasonably calculate adjustments as necessary to ensure the total revenue 12
collected from the fees covers the department's costs in subsequent calendar years. 13
The commissioner shall separately account for the revenue from the fees received by 14
the department, and the revenue may be appropriated by the legislature to the 15
department for the administration and enforcement of AS 46.06.200 - 46.06.290. 16
(f) The department shall publish on the department's Internet website 17
(1) best practices provided by the electronics recycling advisory 18
council; 19
(2) a list of all registered manufacturers; 20
(3) approved manufacturer e-scrap program plans; and 21
(4) annual reports submitted to the department. 22
(g) The department shall keep confidential all proprietary information 23
submitted to the department by a manufacturer or manufacturer clearinghouse under 24
AS 46.06.200 - 46.06.290. The department may release information kept confidential 25
under this section in summary or aggregated form that does not directly or indirectly 26
identify financial, production, or sales data of a covered manufacturer or manufacturer 27
clearinghouse. 28
(h) The department may adopt regulations to implement, administer, and 29
enforce AS 46.06.200 - 46.06.290. The department shall present regulations proposed 30
to the electronics recycling advisory council for review and address feedback from the 31 33-LS1018\B
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council before adoption. 1
Sec. 46.06.240. Outreach requirements. (a) A manufacturer or manufacturer 2
clearinghouse with an approved manufacturer e-scrap program plan shall inform 3
covered entities about where and how to reuse and recycle covered electronic devices 4
at the end of the product's life, including by providing an Internet website or toll-free 5
telephone number that provides information about the recycling program in sufficient 6
detail to educate covered entities on how to return covered electronic devices for 7
recycling. 8
(b) The department shall promote recycling of covered electronic devices by 9
(1) posting information that describes where to recycle unwanted 10
covered electronic devices on the department's Internet website; and 11
(2) providing information about recycling covered electronic devices 12
though a toll-free telephone number. 13
(c) A community shall promote recycling of covered electronic devices, 14
including providing a list of local collection sites and services through existing 15
communication methods typically used by the community. 16
(d) A retailer that sells a new covered electronic device to a covered entity 17
shall provide information to the entity that describes how to recycle the covered 18
electronic device and the locations for convenient collection of the device. A retailer 19
may satisfy this requirement by providing the department's toll-free telephone number 20
and website to the covered entity or, if the retailer sells the device from the retailer's 21
Internet website, in a visible location on the website. 22
(e) Manufacturers, communities, retailers, collectors, and the department shall 23
collaborate in the development and implementation of the outreach requirements of 24
this section. 25
Sec. 46.06.250. Prohibited acts. (a) On or after January 1, 2029, a person may 26
not knowingly cause or allow 27
(1) the mixing of a covered electronic device with municipal waste that 28
is intended for disposal at a landfill; 29
(2) the disposal of a covered electronic device in a landfill; 30
(3) the mixing of a covered electronic device with waste that is 31 33-LS1018\B
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intended for disposal by burning; or 1
(4) the burning of a covered electronic device. 2
(b) On or after January 1, 2028, a retailer who first sells a covered electronic 3
device to a covered entity may not sell or offer for sale a covered electronic device in 4
the state unless 5
(1) the device is labeled with a brand; 6
(2) the label is permanently affixed to and readily visible on the 7
device; and 8
(3) the manufacturer of the device is registered with the department 9
when the retailer purchases the device; if a manufacturer is not registered with the 10
department when a retailer purchases the device, the retailer shall be considered in 11
compliance with this requirement if the manufacturer registers with the department 12
within 30 days after the retailer takes possession of the device. 13
(c) A manufacturer e-scrap program may not charge fees to covered entities 14
when a covered electronic device or eligible electronic device is collected. 15
Sec. 46.06.260. Penalties and enforcement. (a) A person who knowingly 16
makes a materially false or fraudulent statement orally or in writing to the department 17
in connection with the requirements of AS 46.06.200 - 46.06.290 or a regulation 18
adopted under AS 46.06.200 - 46.06.290 is guilty of a class A misdemeanor for a first 19
conviction, a class C felony for a second conviction, and a class B felony for a third or 20
subsequent conviction. Each statement is a separate offense. 21
(b) A person who fails to register or pay the registration fee required under 22
AS 46.06.200 is liable to the state for a civil penalty of twice the registration fee. 23
(c) Except as otherwise provided in this section, a person who violates a 24
provision of AS 46.06.200 - 46.06.290 or a regulation adopted under AS 46.06.200 - 25
46.06.290 is liable to the state for a civil penalty of up to $10,000 for each violation. 26
The amount of the penalty shall be adjusted to the seriousness of the violation. 27
(d) The attorney general may bring a civil action in the superior court to 28
recover the amount of a civil penalty under this section or to obtain an injunction to 29
restrain violations of AS 46.06.200 - 46.06.290 or require actions that may be 30
necessary to address violations of AS 46.06.200 - 46.06.290. Pe
nalties recovered 31 33-LS1018\B
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under this section shall be deposited in the general fund and may be appropriated by 1
the legislature to the department for the administration and enforcement of 2
AS 46.06.200 - 46.06.290. 3
(e) A manufacturer clearinghouse may not enforce manufacturer compliance 4
with the requirements AS 46.06.200 - 46.06.290, but shall refer potential manufacturer 5
noncompliance to the department after providing notice of the potential 6
noncompliance to the manufacturer. A manufacturer clearinghouse may develop and 7
implement policies and procedures that exclude from participation in the 8
clearinghouse a manufacturer that is found by the department or a court of competent 9
jurisdiction to have failed to comply with the requirements of AS 46.06.200 - 10
46.06.290. 11
(f) The penalties and enforcement mechanisms in this section are in addition 12
to relief provided under any other law. 13
Sec. 46.06.270. Electronics recycling advisory council. (a) The electronics 14
recycling advisory council is established in the department. 15
(b) The council consists of 13 members appointed by the commissioner for 16
two-year terms as follows: 17
(1) two members of the public residing in different communities with 18
at least one member residing in a community located off the interconnected road 19
system; 20
(2) two members representing recycling companies or incorporated 21
recycling centers; 22
(3) two members representing the electronic manufacturing or retail 23
industry; 24
(4) one member representing a tribal or municipal government that 25
operates a recycling program in a rural community with a population of less than 26
1,000; 27
(5) one member representing a tribal or municipal government that 28
operates a recycling program in an urban community with a population of 25,000 or 29
more; 30
(6) one member representing a statewide tribal organization that assists 31 33-LS1018\B
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tribes with recycling issues; 1
(7) one member representing the transportation industry; 2
(8) one member representing a waste collection company or program; 3
(9) one member representing a job training or economic development 4
organization or program; and 5
(10) one member representing a statewide environmental or public 6
health organization. 7
(c) The council shall elect a chair from among its members to serve a two-year 8
term. The council shall meet at the call of the chair. The council shall meet at least 9
quarterly until the initial round of manufacturer e-scrap program plans are approved 10
and then at least semiannually thereafter. 11
(d) A majority of the council members constitutes a quorum. The council shall 12
approve actions and recommendations by majority vote of the members present and 13
provide an opportunity for minority reports. The council may adopt bylaws and a 14
charter if desired to fulfill its duties under this section. 15
(e) A vacancy on the council shall be filled in the same manner as the original 16
selection or appointment for the remainder of the current term. 17
(f) The department shall provide administrative support to the council as 18
needed. 19
(g) Members of the council serve without compensation but are entitled to per 20
diem and travel expenses authorized for boards and commissions under AS 39.20.180. 21
(h) The council shall 22
(1) review and comment on a proposed manufacturer e-scrap program 23
plan before submission of the plan to the department; 24
(2) make recommendations to the department regarding the approval 25
or disapproval of a manufacturer e-scrap program plan; 26
(3) make recommendations to the department regarding the need for 27
plan amendments or other requirements based on annual reports; 28
(4) review and comment on regulations proposed by the department 29
under AS 46.06.230; and 30
(5) by November 1 of each year, beginning in 2026, provide to the 31 33-LS1018\B
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department a list of best practices for program collection sites and single-day 1
collection events under manufacturer e-scrap program plans submitted during the 2
following year; best practices must, to the extent practicable, preserve existing 3
collection programs and relationships. 4
Sec. 46.06.280. Exclusions. (a) The provisions of AS 46.06.200 - 46.06.290 do 5
not apply to an electronic device that is 6
(1) part of a motor vehicle or any component part of a motor vehicle 7
assembled by or for a vehicle manufacturer or franchised dealership, including 8
replacement parts for use in a motor vehicle; in this paragraph, "dealership," 9
"franchised," "manufacturer," and "motor vehicle" have the meanings given in 10
AS 45.25.990; 11
(2) functionally or physically part of a larger piece of equipment or 12
that is taken out of service from an industrial, commercial, retail, library checkout, 13
traffic control, kiosk, nonhousehold security, governmental, agricultural, or medical 14
setting, including diagnostic, monitoring, and control equipment; or 15
(3) contained within a clothes washer, clothes dryer, refrigerator, 16
freezer, conventional oven, conventional range, dishwasher, room air conditioner, 17
dehumidifier, water pump, sump pump, or air purifier. 18
(b) A manufacturer e-scrap program may collect an electronic device that 19
meets the criteria in (a)(2) of this section. Notwithstanding (a) of this section, 20
AS 46.06.200 - 46.06.290 apply to any device collected under this subsection. 21
(c) AS 46.06.200 - 46.06.290 do not apply to a manufacturer that assembles 22
and sells fewer than 1,000 units of covered electronic devices annually in the state or 23
that primarily sells covered electronic devices that are substantially composed of 24
rebuilt, refurbished, or used components. 25
(d) Nothing in AS 46.06.200 - 46.06.290 prevents a manufacturer from 26
accepting, through a manufacturer e-scrap program, covered electronic devices 27
collected through a pre-existing collection program that is operated under a collection 28
agreement between a third party and a community. 29
(e) To the extent allowed by law, a covered electronic device or eligible 30
electronic device collected by a manufacturer e-scrap program is not considered 31 33-LS1018\B
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hazardous waste, household waste, solid waste, or special waste. 1
Sec. 46.06.290. Definitions. In AS 46.06.200 - 46.06.290, 2
(1) "best practices" means standards for collecting and preparing 3
covered electronic devices for shipment and recycling, including packaging, transport, 4
load size, acceptable load contamination levels, and noncovered electronic devices 5
included in a load; 6
(2) "collector" means a person who collects covered electronic devices 7
at any program collection site or single-day collection event and prepares the devices 8
for transport; 9
(3) "commissioner" means the commissioner of environmental 10
conservation; 11
(4) "community" means 12
(A) an incorporated city; 13
(B) a unified municipality; 14
(C) an incorporated borough; or 15
(D) a place in the unorganized borough in which 15 or more 16
individuals reside as a social unit; 17
(5) "computer" means a desktop computer, notebook computer, or 18
tablet computer; "computer" does not include an automated typewriter, printer, mobile 19
telephone, hand-held calculator, battery-operated portable digital music player, 20
computer keyboard, computer mouse, or associated cables; 21
(6) "computer monitor" means an electronic device that contains a 22
cathode-ray tube or flat panel screen greater than four inches in size when measured 23
diagonally and is intended to display information from a computer; 24
(7) "council" means the electronics recycling advisory council; 25
(8) "covered electronic device" means a computer, small-scale server, 26
computer monitor, television, printer, facsimile machine, scanner, battery-operated 27
portable digital music player with memory capability, digital video disc player, digital 28
video disc recorder, videocassette recorder, video game console, microwave oven, 29
digital converter box, cable receiver, satellite receiver, computer keyboard, computer 30
mouse, or associated cables sold at retail; 31 33-LS1018\B
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(9) "covered electronic device category" means the following 1
categories of covered electronic devices: 2
(A) computers and small-scale servers; 3
(B) computer monitors; 4
(C) televisions; 5
(D) printers, facsimile machines, and scanners; 6
(E) digital video disc players, digital video disc recorders, and 7
videocassette recorders; 8
(F) video game consoles; 9
(G) microwave ovens; 10
(H) digital converter boxes, cable receivers, and satellite 11
receivers; and 12
(I) battery-operated portable digital music players, computer 13
keyboards, computer mice, and cables; 14
(10) "covered entity" means any household, nonprofit, educational 15
institution, community, or small business located in the state; 16
(11) "department" means the Department of Environmental 17
Conservation; 18
(12) "desktop computer" means a computer that is controlled by a 19
stand-alone computer keyboard, stand-alone computer mouse or other pointing device, 20
computer monitor or other display unit, and that has a main unit that is not designed 21
for portability and is intended to be persistently located in a single location; 22
(13) "educational institution" means 23
(A) a public or private institution located in the state for grades 24
kindergarten through 12; or 25
(B) a nonprofit institution located in the state that provides 26
postsecondary or vocational education; 27
(14) "eligible electronic device" means any mobile telephone, battery-28
containing electronic, or electronic device that meets the criteria in AS 46.06.280(a)(2) 29
that is taken out of service in the state, regardless of purchase location; 30
(15) "household" means a single detached dwelling unit or a single 31 33-LS1018\B
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unit of a multiple dwelling unit and appurtenant structures; 1
(16) "manufacturer" means a person or successor in interest to a person 2
under whose brand or label a covered electronic device is sold at retail; if a covered 3
electronic device is sold at retail under a brand or label that is licensed from a person 4
who is the owner of the brand or label but does not sell or produce the device, or if a 5
covered electronic device is sold at retail under the brand or label of both the retail 6
seller and the person that produced the device, the person that produced the device or 7
that person's successor in interest, is the manufacturer; 8
(17) "manufacturer clearinghouse" means an entity that prepares and 9
submits a manufacturer e-scrap program plan to the department and oversees an e-10
scrap program on behalf of two or more manufacturers cooperating with each other to 11
collectively establish and operate an e-scrap program for the purpose of complying 12
with AS 46.06.200 - 46.06.290; 13
(18) "manufacturer e-scrap program" means any program established, 14
financed, and operated by a manufacturer, individually or as part of a manufacturer 15
clearinghouse, to collect, transport, and otherwise prepare for recycling covered 16
electronic devices and eligible electronic devices collected at program sites and single-17
day collection events in accordance with the requirements of AS 46.06.200 - 18
46.06.290; 19
(19) "market share" means a manufacturer's percentage of all covered 20
electronic devices by weight sold within a covered electronic device category during a 21
specified period; 22
(20) "notebook computer" means a computer that is controlled by a 23
computer keyboard, trackpad or other pointing device, and video display greater than 24
four inches in size when measured diagonally that are all contained within the 25
construction of the unit; 26
(21) "participating manufacturer" means a manufacturer that a 27
manufacturer clearinghouse has listed under AS 46.06.210(a)(1) as a participant in the 28
manufacturer clearinghouse for a calendar year; 29
(22) "person" means an individual, partnership, co-partnership, firm, 30
company, limited liability company, corporation, association, joint stock company, 31 33-LS1018\B
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trust, estate, political subdivision, state agency, unit of local government, or any other 1
legal entity, including a trustee, agent, assignee, or similar legal representative; 2
(23) "printer" means a desktop printer, multifunction printer copier, 3
printer and facsimile combination, or an all-in-one device that performs a combination 4
of printing, copying, scanning, and related tasks, that is designed to reside on a work 5
surface; "printer" does not include a floor-standing printer, a printer with optional 6
floor stand, a point-of-sale receipt printer, a calculator with printing capabilities, or a 7
label maker; 8
(24) "program collection site" means a physical location that is 9
included in a manufacturer e-scrap program and at which covered electronic devices 10
are collected and prepared for transport by a collector during a calendar year; 11
(25) "recycler" means any person who transports or later recycles 12
covered electronic devices that have been collected and prepared for transport by a 13
collector at any program collection site or single-day collection event; 14
(26) "recycling" means any process by which covered electronic 15
devices that would otherwise be disposed of or discarded are collected, separated, or 16
processed and returned to the economic mainstream in the form of raw materials or 17
products; 18
(27) "retail collection site" means a private sector collection site 19
operated by a retailer collecting on behalf of a manufacturer; 20
(28) "retailer" means a person who first sells, through a sales outlet, 21
catalog, or Internet website, a covered electronic device at a retail or permanent 22
establishment where covered electronic devices are displayed, held, stored, or offered 23
for sale to the public; 24
(29) "sale" means any retail transfer of title for consideration, 25
including transactions conducted through sales outlets, catalogs, or an Internet website 26
or by any similar means; "sale" does not include financing or leasing; 27
(30) "single-day collection event" means a single-day event used as a 28
substitute for a program collection site; 29
(31) "small business" means a business operating in the state that 30
employs fewer than 50 people; 31 33-LS1018\B
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(32) "small-scale server" means a computer that typically uses desktop 1
components in a desktop form designed primarily to serve as a storage host for other 2
computers and that is designed in a pedestal, tower, or other form similar to that of a 3
desktop computer so all data processing, storage, and network interfacing is contained 4
within one box or product; designed to be operational 24 hours a day and 7 days a 5
week; designed to have very little unscheduled downtime, including on the order of 6
hours each year; capable of operating in a simultaneous multi-user environment 7
serving several users through networked client units; and designed for an industry-8
accepted operating system for home or low-end server applications; 9
(33) "tablet computer" means a computer that is controlled by a touch 10
screen and video display greater than six inches in size when measured diagonally that 11
is contained within the construction of the unit; 12
(34) "television" means an electronic device that contains a cathode-13
ray tube or flat panel screen greater than four inches in size when measured diagonally 14
and is intended to receive video programming through broadcast, cable, satellite, 15
Internet connection, or other method of video transmission or that is intended to 16
receive video from surveillance cameras or other similar equipment. 17
* Sec. 14. The uncodified law of the State of Alaska is amended by adding a new section to 18
read: 19
TRANSITION. The commissioner of environmental conservation shall appoint 20
members of the electronics recycling advisory council under AS 46.06.270(b), added by sec. 21
13 of this Act, as soon as practicable. Notwithstanding AS 46.06.270(b), added by sec. 13 of 22
this Act, the commissioner shall appoint seven initial members of the electronics recycling 23
advisory council to serve four-year terms and the remaining six initial members to serve 24
three-year terms. Initial members may be appointed to subsequent two-year terms thereafter. 25
* Sec. 15. This Act takes effect immediately under AS 01.10.070(c). 26