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SENATE BILL NO. 61
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FOURTH LEGISLATURE - FIRST SESSION
BY SENATOR TOBIN
Introduced: 1/24/25
Referred: Resources, Finance
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. 9 of this Act, require collaboration among 8
manufacturers, electronics producer responsibility organizations, and other entities that 9
perform activities directly related to manufacturer e-scrap programs. These activities will 10
enable collection, recycling, and disposal of covered electronic devices in a safe and effective 11
manner, which is in the best interest of the public. The benefits of collaboration, together with 12
the active state supervision provided by the Department of Environmental Conservation under 13
AS 46.06.200 - 46.06.290, outweigh potential adverse effects. Therefore, the legislature 14 34-LS0220\A
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intends to provide immunity through the state action doctrine from federal antitrust laws for 1
participating in manufacturer e-scrap programs as required by AS 46.06.200 - 46.06.290. 2
* Sec. 2. AS 45.50.572(b) is amended to read: 3
(b) AS 45.50.562 - 45.50.596 do not forbid actions or arrangements authorized 4
or regulated under the laws of the United States that exempt these actions or 5
arrangements from application of the antitrust laws of the United States or under the 6
following statutes of this state: 7
(1) AS 06.05.235 and 06.05.570; 8
(2) AS 10.15; [AND] 9
(3) AS 31.05.110; and 10
(4) AS 46.06.200 - 46.06.290. 11
* Sec. 3. AS 46.06.100 is amended to read: 12
Sec. 46.06.100. Notice to public. The penalties imposed for littering shall be 13
posted along the public highways of the state, at visitor centers, at entrances to state 14
parks and recreational areas, at public beaches, and at other publicly owned public 15
places the commissioner determines necessary to accomplish the purposes of 16
AS 46.06.010 - 46.06.150 [THIS CHAPTER]. The state agency or municipality 17
responsible for litter removal from a public place shall post the notice required by this 18
section. 19
* Sec. 4. AS 46.06.110 is amended to read: 20
Sec. 46.06.110. Enforcement authority. (a) The following persons are 21
authorized to enforce the provisions of AS 46.06.010 - 46.06.150 [THIS CHAPTER]: 22
(1) a state employee authorized by the commissioner; and 23
(2) a peace officer. 24
(b) The department shall prescribe a citation form, which shall be used by all 25
peace officers and persons in the state who are authorized to enforce the provisions of 26
AS 46.06.010 - 46.06.150 [THIS CHAPTER]. The citation form must meet the 27
requirements of AS 12.25.175 - 12.25.230. 28
* Sec. 5. AS 46.06.120 is amended to read: 29
Sec. 46.06.120. Grants. The department may make grants to state agencies, to 30
municipalities, and to private organizations including nonprofit organizations for the 31 34-LS0220\A
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establishment and operation of programs authorized under AS 46.06.010 - 46.06.150 1
[THIS CHAPTER]. A grant under this section may not exceed 18 months. A program 2
qualifying for a grant under this section may include 3
(1) courses of instruction at, or the distribution of informative 4
materials to, elementary and secondary schools; 5
(2) purchase and erection of roadside signs; 6
(3) organization and operation of litter removal activities conducted by 7
municipalities, private organizations or, service groups using volunteer help; 8
(4) a public information program to inform the public concerning the 9
reduction of litter using the media including use of the electronic media; 10
(5) expansion of existing, and planning, design, and construction of 11
new, facilities for the recovery of materials and energy from litter; 12
(6) research and evaluation of markets for the materials and energy 13
recovered from litter; 14
(7) advice and assistance, including information and consultation on 15
available technology, operating procedures, organizational arrangements, markets for 16
materials or energy obtained from litter, transportation alternatives, and publicity 17
techniques; 18
(8) surveys by public agencies or recognized research organizations to 19
assess the amount and composition of litter [,] and rates of littering; 20
(9) the purchase of litter receptacles; 21
(10) the creation or expansion of litter law enforcement programs; 22
(11) the initial purchase or lease of recycling equipment, the cost of 23
operating that equipment, and the cost of storing and transporting materials before and 24
after those materials are recycled. 25
* Sec. 6. AS 46.06.130(a) is amended to read: 26
(a) The department shall adopt regulations under AS 44.62 (Administrative 27
Procedure Act) that establish 28
(1) eligibility requirements for applicants for a grant under 29
AS 46.06.120; 30
(2) standards for the evaluation of proposals submitted by applicants 31 34-LS0220\A
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for grants under AS 46.06.120; and 1
(3) other conditions for the receipt of a grant under AS 46.06.120 that 2
are necessary to achieve the purposes of AS 46.06.010 - 46.06.150 [THIS 3
CHAPTER]. 4
* Sec. 7. AS 46.06.140 is amended to read: 5
Sec. 46.06.140. Federal requirements. If a federal department or agency 6
issues a formal ruling that a section of AS 46.06.010 - 46.06.150 [THIS CHAPTER] 7
will prevent the state from receiving federal financial participation in a program or 8
activity established under AS 46.06.010 - 46.06.150 [THIS CHAPTER], the section 9
does not apply to the extent that it causes the program or activity to lose federal 10
funding. 11
* Sec. 8. AS 46.06.150 is amended to read: 12
Sec. 46.06.150. Definitions. In AS 46.06.010 - 46.06.150 [THIS CHAPTER], 13
(1) "beverage container" means the individual, separate, sealed glass, 14
metal or plastic bottle, can, jar or carton containing beer or other malt beverages or 15
carbonated soft drinks, in liquid form; 16
(2) ["COMMISSIONER" MEANS THE COMMISSIONER OF 17
ENVIRONMENTAL CONSERVATION; 18
(3)] "degradable" means a characteristic of a material that allows the 19
material to be broken down by biological, chemical, photochemical, or other physical 20
processes 21
(A) within two years upon exposure to natural elements; and 22
(B) to a particle size and chemical composition that may be 23
assimilated harmlessly and aesthetically into the environment without 24
producing a residue or by-product determined by the department to be 25
hazardous; 26
(3) [(4) "DEPARTMENT" MEANS THE DEPARTMENT OF 27
ENVIRONMENTAL CONSERVATION; 28
(5)] "litter" means all waste material including disposable packages or 29
containers disposed of in a manner prohibited by AS 46.06.080, but does not include 30
the wastes of the primary processes of mining or other extraction process, logging, 31 34-LS0220\A
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sawmilling, farming, or manufacturing; 1
(4) [(6)] "litter bag" means a bag, sack, or other container made of any 2
material that [WHICH] is large enough and suitable to serve as a receptacle for litter 3
inside a vehicle or vessel; 4
(5) [(7)] "public place" means public or private property that is used or 5
held out for use by the public, whether owned or operated by public or private 6
interests, including [BUT NOT LIMITED TO] highways or other roads on [UPON] 7
which vehicles are moved, parks, campgrounds, trailer parks, drive-in and fast food 8
restaurants, gasoline service stations, marinas, boat launching areas, boat moorage and 9
fueling stations, public and private piers, beaches, bathing areas, school grounds, 10
sporting event sites with seating capacity for more than 200 spectators, business 11
district sidewalks, parking lots for taverns, shopping centers and grocery stores, and 12
other parking lots if they have a capacity for more than 50 vehicles; 13
(6) [(8)] "vehicle" means a mechanically driven device of any kind that 14
is used for the transportation of a person or property on a public highway, trail, or 15
path; 16
(7) [(9)] "vessel" means all descriptions of watercraft used or capable 17
of being used as a means of transportation on the water. 18
* Sec. 9. AS 46.06 is amended by adding new sections to read: 19
Article 2. Electronic Product Stewardship Program. 20
Sec. 46.06.200. Manufacturer registration. (a) By June 30, 2028, and 21
annually thereafter, a manufacturer of covered electronic devices sold in the state shall 22
register with the department, for a period to cover the upcoming calendar year, by 23
completing and submitting to the department the registration form prescribed by the 24
department. The registration must include 25
(1) a list of all brands and labels under which the manufacturer's 26
covered electronic devices are offered for sale in the state; 27
(2) the weight of all individual covered electronic devices by covered 28
electronic device category sold or offered for sale under any of the manufacturer's 29
brands or labels in the United States during the previous two calendar years before the 30
applicable calendar year; and 31 34-LS0220\A
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(3) any other information required by the department to implement 1
AS 46.06.200 - 46.06.290. 2
(b) If a manufacturer's covered electronic devices are sold or offered for sale 3
in the state during a calendar year under a brand that is not listed in the manufacturer's 4
registration, the manufacturer shall amend the registration to add the brand within 30 5
days after the first sale or offer for sale under that brand. 6
(c) A manufacturer subject to this section shall pay the program administration 7
fee established under AS 46.06.230(e) to the department at the time of submission of 8
the manufacturer's registration under (a) of this section. 9
Sec. 46.06.210. Manufacturer e-scrap program plans; manufacturer and 10
electronics producer responsibility organization responsibilities. (a) Beginning in 11
2028, a manufacturer of covered electronic devices in the state shall submit a proposed 12
manufacturer e-scrap program plan to the electronics recycling advisory council by 13
March 31 for the upcoming calendar year. Upon receiving feedback from the council, 14
the manufacturer shall make any necessary changes based on the feedback and submit 15
a manufacturer e-scrap program plan to the department at the time of submission of 16
the manufacturer's registration under AS 46.06.200. A manufacturer may satisfy the 17
requirements of this subsection through an electronics producer responsibility 18
organization. A manufacturer e-scrap program plan must include 19
(1) contact information for the manufacturer or electronics producer 20
responsibility organization and a comprehensive list of all manufacturers participating 21
in the plan for the upcoming calendar year and the contact information for all 22
participants; 23
(2) a description of the transportation and recycling systems, service 24
providers, collectors, and processors used; 25
(3) a description of how the manufacturer or electronics producer 26
responsibility organization communicated with and sought input from local 27
governments and tribes operating electronics recycling programs; 28
(4) a description of how the manufacturer or electronics producer 29
responsibility organization will 30
(A) work with local governments and tribes as collectors; 31 34-LS0220\A
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(B) seek to use businesses or organizations in the state, 1
including retailers, charities, processors, local organizations, local health care 2
facilities, and collection and transportation services; and 3
(C) provide fair financial compensation to collection sites for 4
services, including collecting, storing, managing, and transporting covered 5
electronic devices; 6
(5) the methods for the reasonably convenient collection of all types of 7
covered electronic devices in rural and urban areas throughout the state, including the 8
quantity and locations of the program collection sites and single-day collection events 9
required under AS 46.06.220(a); 10
(6) a description of how the plan will provide service to all covered 11
entities in the state; 12
(7) the processes and methods used to recycle covered electronic 13
devices and eligible electronic devices, including a description of the processing that 14
will be used and the facility location; 15
(8) a description of how covered electronic devices and eligible 16
electronic devices that are suitable for reuse will be identified and diverted for reuse; 17
(9) documentation of audits of each processor used in the plan and 18
compliance with the plan's processing standards; 19
(10) a description of the accounting and reporting systems that will be 20
employed; 21
(11) a timeline that describes startup, implementation, and progress 22
toward milestones with anticipated results; 23
(12) a description of the public information campaign that will be used 24
to inform covered entities, communities, and consumers about how to recycle covered 25
electronic devices at the end of the life of the product and examples of outreach 26
materials for the campaign; 27
(13) a description of how manufacturers participating in the plan will 28
communicate and work with processors to promote and encourage design of electronic 29
products and components for recycling; and 30
(14) if two or more manufacturers are participating in an electronics 31 34-LS0220\A
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producer responsibility organization, a certification that the methodology used to 1
allocate responsibility among participating manufacturers will comply with (c) of this 2
section. 3
(b) If the department determines that a manufacturer e-scrap program plan 4
fails to meet the requirements in this section, the manufacturer or electronics producer 5
responsibility organization shall submit an updated plan to the department within 30 6
days after the date of disapproval. 7
(c) A manufacturer shall assume financial responsibility for all costs 8
associated with implementing a manufacturer e-scrap program plan after approval. An 9
electronics producer responsibility organization shall allocate a participating 10
manufacturer's financial responsibility by 11
(1) calculating the manufacturer's market share for each covered 12
electronic device category based on the total weight of all individual covered 13
electronic devices sold or offered for sale in each category under any of the 14
manufacturer's brands or labels in the United States during the previous two calendar 15
years before the applicable calendar year; and 16
(2) adding the percentages calculated under (1) of this subsection. 17
(d) If a manufacturer e-scrap program fails to provide collection site services 18
in each community as required under AS 46.06.220(a) or meet other plan 19
requirements, the manufacturer or electronics producer responsibility organization 20
shall submit a revised plan to the department within 60 days after the failure that 21
addresses how the manufacturer e-scrap program will be adjusted to meet the 22
requirements. 23
(e) A manufacturer or electronics producer responsibility organization shall 24
notify the department of any modification to the manufacturer e-scrap program plan. If 25
the department determines that the manufacturer or electronics producer responsibility 26
organization significantly modified the plan, the manufacturer or electronics producer 27
responsibility organization shall submit a revised plan that describes the modifications 28
within 60 days after the department's determination. 29
(f) Beginning in 2030, a manufacturer or electronics producer responsibility 30
organization with an approved manufacturer e-scrap program plan for the previous 31 34-LS0220\A
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calendar year shall file an annual report with the department on or before March 31 1
that covers the previous calendar year. The annual report must include 2
(1) the collection services provided in each community, including a list 3
of all collection sites and services operating in the state in the previous calendar year 4
and who operated the sites; 5
(2) a list of processors used, including subcontractors that further 6
process or recycle covered electronic devices or electronic components used, the 7
weight of covered electronic devices and eligible electronic devices processed by each 8
processor, and a description of the processes and methods used to recycle the devices, 9
including a description of the processing and facility locations; 10
(3) an estimate of the weight of each type of material recovered from 11
the processing of recycled collected devices; types of material recovered must include, 12
at a minimum, cathode ray tube glass, circuit boards, batteries, mercury-containing 13
devices, plastics, and metals; 14
(4) an estimate of the percentage, by weight, of all collected devices 15
that are reused, recycled, or become residual waste disposed of in another manner; 16
(5) the outreach efforts that were undertaken; 17
(6) a list of manufacturers that participated in the plan; 18
(7) a description of program revenue and costs, including the total cost 19
of the program and the average cost of the program per pound of covered electronic 20
devices and eligible electronic devices collected; 21
(8) a detailed accounting of the following costs of the program: 22
(A) program delivery, including 23
(i) education and promotional efforts; 24
(ii) collection; 25
(iii) transportation; and 26
(iv) processing and labor; and 27
(B) program administration; and 28
(9) a description of the methods used by the program to collect, 29
transport, recycle, and process collected devices. 30
(g) To the extent feasible, manufacturers and electronics producer 31 34-LS0220\A
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responsibility organizations shall collaborate with electronic product retailers, utilities 1
furnishing solid waste material collection and disposal services, recyclers, charities, 2
tribes, local governments, and other businesses in the state in the development and 3
implementation of the program plan. 4
Sec. 46.06.220. Collection site requirements; collector responsibilities. (a) 5
Beginning in 2029, a manufacturer or electronics producer responsibility organization 6
shall, at a minimum, operate program collection sites in the following quantities 7
during a calendar year depending on community populations as determined by the 8
most recent decennial census conducted by the United States Bureau of the Census: 9
(1) 15 collection sites in each community that has a population of 10
250,000 or more, including at least five year-round collection sites; 11
(2) five year-round collection sites in each community that has a 12
population of at least 30,000 but less than 250,000; 13
(3) three year-round collection sites in each community that has a 14
population of at least 15,000 but less than 30,000; 15
(4) two year-round collection sites in each community that has a 16
population of at least 10,000 but less than 15,000; 17
(5) one year-round collection site in each community that has a 18
population of at least 5,500 but less than 10,000; and 19
(6) one single-day collection event for each calendar year in each 20
community that has a population of less than 5,500. 21
(b) A community may enter into a written agreement with a manufacturer or 22
electronics producer responsibility organization to substitute a program collection site 23
required under (a) of this section with four or more single-day collection events in the 24
community. 25
(c) A collector that operates a program collection site or single-day collection 26
event during a calendar year shall, unless otherwise provided for by an agreement 27
between the collector and the manufacturer or electronics producer responsibility 28
organization, 29
(1) accept all covered electronic devices delivered to the collection site 30
or collection event during the calendar year; 31 34-LS0220\A
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(2) ensure that collected devices are sorted and loaded in compliance 1
with federal, state, and local law, and with the best practices agreed to by the 2
electronics recycling advisory council for the calendar year; 3
(3) separate collected devices from other material; 4
(4) package collected devices in a structurally sound manner to prevent 5
breakage during transportation; and 6
(5) load collected devices onto pallets secured with plastic wrap or in 7
pallet-sized bulk containers before shipping. 8
(d) A collector shall sort collected devices into the following categories: 9
(1) computer monitors and televisions containing a cathode-ray tube, 10
other than televisions with wooden exteriors; 11
(2) computer monitors and televisions containing a flat panel screen; 12
(3) all other covered televisions; 13
(4) computers; 14
(5) all other covered electronic devices and eligible electronic devices; 15
and 16
(6) any electronic device not part of the manufacturer e-scrap program 17
that the collector has arranged to have picked up in addition to covered electronic 18
devices and for which a financial arrangement has been made to cover the recycling 19
costs outside of the manufacturer e-scrap program. 20
(e) A manufacturer e-scrap program may use retail collection sites to satisfy 21
some or all of the collection site obligations under this section. A retailer may serve as 22
a collector and a site may serve as a retail collection site only by agreement of 23
(1) the retailer; 24
(2) the operators of the manufacturer e-scrap program; and 25
(3) the community in which the retailer or retail collection site is 26
located. 27
Sec. 46.06.230. Department responsibilities. (a) Within 60 days after 28
receiving a manufacturer e-scrap program plan, the department shall review and 29
approve or disapprove the plan and provide written notification of the department's 30
decision, including the reasons for the approval or disapproval, to the designated point 31 34-LS0220\A
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of contact for the manufacturer or electronics producer responsibility organization. 1
The department shall approve the plan if the department determines the plan satisfies 2
AS 46.06.210. 3
(b) Within 90 days after receiving an annual report from a manufacturer or 4
electronics producer responsibility organization, the department shall review the report 5
and provide written notification to the designated point of contact for the manufacturer 6
or electronics producer responsibility organization of any need for additional 7
information or documentation or any deficiency identified by the department in the 8
manufacturer e-scrap program. 9
(c) Every four years, beginning in 2029, the department shall conduct 10
(1) a study to determine whether the definition of "covered electronic 11
device" should be expanded to include additional electronic products, such as those 12
from emerging technological waste streams; and 13
(2) a survey of household generation of e-scrap in the state to evaluate 14
the waste stream and the effectiveness of manufacturer e-scrap programs. 15
(d) Every two years, beginning in 2031, the department shall evaluate the 16
manufacturer e-scrap program and report the results of the evaluation to the 17
legislature. 18
(e) The department shall adopt regulations to establish the amount and manner 19
of payment of a program administration fee for manufacturers and electronics 20
producer responsibility organizations covered by AS 46.06.200 - 46.06.290. Fee levels 21
must be reasonably calculated to ensure that the total amount of fees collected from all 22
manufacturers and electronics producer responsibility organizations approximately 23
equals the costs to the department for administering and enforcing AS 46.06.200 - 24
46.06.290. The department shall review the fee amounts annually and reasonably 25
calculate adjustments as necessary to ensure the total revenue collected from the fees 26
approximately equals the department's costs in subsequent calendar years. The 27
commissioner shall separately account for the revenue from the fees received by the 28
department, and the revenue may be appropriated by the legislature to the department 29
for the administration and enforcement of AS 46.06.200 - 46.06.290. 30
(f) The department shall publish on the department's Internet
website 31 34-LS0220\A
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(1) best practices provided by the electronics recycling advisory 1
council; 2
(2) a list of all registered manufacturers; 3
(3) approved manufacturer e-scrap program plans; and 4
(4) annual reports submitted to the department. 5
(g) The department shall keep confidential all proprietary information 6
submitted to the department by a manufacturer or electronics producer responsibility 7
organization under AS 46.06.200 - 46.06.290. The department may release 8
information kept confidential under this section in summary or aggregated form that 9
does not directly or indirectly identify financial, production, or sales data of a covered 10
manufacturer or electronics producer responsibility organization. 11
(h) The department shall present regulations proposed to implement 12
AS 46.06.200 - 46.06.290 to the electronics recycling advisory council for review and 13
address feedback from the council before adoption. 14
Sec. 46.06.240. Outreach requirements. (a) A manufacturer or electronics 15
producer responsibility organization with an approved manufacturer e-scrap program 16
plan shall inform covered entities and retailers about where and how to reuse and 17
recycle covered electronic devices at the end of the product's life, including by 18
providing an Internet website or toll-free telephone number that provides information 19
about the recycling program in sufficient detail to educate covered entities on how to 20
return covered electronic devices for recycling. 21
(b) The department shall promote recycling of covered electronic devices by 22
(1) posting information that describes where to recycle unwanted 23
covered electronic devices on the department's Internet website; and 24
(2) providing information about recycling covered electronic devices 25
though a toll-free telephone number. 26
(c) A community shall promote recycling of covered electronic devices, 27
including providing a list of local collection sites and services through existing 28
communication methods typically used by the community. 29
(d) A retailer that sells a new covered electronic device to a covered entity 30
shall provide information to the entity that describes how to recycle the covered 31 34-LS0220\A
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electronic device and the locations for convenient collection of the device. A retailer 1
may satisfy this requirement by providing the manufacturer e-scrap program plan and 2
the plan's Internet website, or the department's toll-free telephone number and website 3
to the covered entity or, if the retailer sells the device from the retailer's Internet 4
website, in a visible location on the website. 5
(e) Manufacturers, communities, retailers, collectors, and the department shall 6
collaborate in the development and implementation of the outreach requirements of 7
this section. 8
Sec. 46.06.250. Prohibited acts. (a) On or after January 1, 2030, a person may 9
not knowingly cause or allow 10
(1) the mixing of a covered electronic device with municipal waste that 11
is intended for disposal at a landfill; 12
(2) the disposal of a covered electronic device in a landfill; 13
(3) the mixing of a covered electronic device with waste that is 14
intended for disposal by burning; or 15
(4) the burning of a covered electronic device. 16
(b) On or after January 1, 2029, a retailer who first sells a covered electronic 17
device to a covered entity may not sell or offer for sale a covered electronic device in 18
the state unless 19
(1) the device is labeled with a brand; 20
(2) the label is permanently affixed to and readily visible on the 21
device; and 22
(3) the manufacturer of the device is registered with the department 23
when the retailer purchases the device; if a manufacturer is not registered with the 24
department when a retailer purchases the device, the retailer shall be considered in 25
compliance with this requirement if the manufacturer registers with the department 26
within 30 days after the retailer takes possession of the device. 27
(c) A manufacturer e-scrap program may not charge fees to covered entities 28
when a covered electronic device or eligible electronic device is collected. 29
Sec. 46.06.260. Penalties and enforcement. (a) A person who knowingly 30
makes a materially false or fraudulent statement orally or in writing to the department 31 34-LS0220\A
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in connection with the requirements of AS 46.06.200 - 46.06.290 or a regulation 1
adopted under AS 46.06.200 - 46.06.290 is guilty of a class A misdemeanor for a first 2
conviction, a class C felony for a second conviction, and a class B felony for a third or 3
subsequent conviction. Each statement is a separate offense. 4
(b) A person who fails to register or pay the registration fee required under 5
AS 46.06.200 is liable to the state for a civil penalty of twice the registration fee. 6
(c) Except as otherwise provided in this section, a person who violates a 7
provision of AS 46.06.200 - 46.06.290 or a regulation adopted under AS 46.06.200 - 8
46.06.290 is liable to the state for a civil penalty of up to $250 for a first or second 9
violation and up to $10,000 for each subsequent violation. The amount of the penalty 10
shall be adjusted to the seriousness of the violation. 11
(d) The attorney general may bring a civil action in the superior court to 12
recover the amount of a civil penalty under this section or to obtain an injunction to 13
restrain violations of AS 46.06.200 - 46.06.290 or require actions that may be 14
necessary to address violations of AS 46.06.200 - 46.06.290. Penalties recovered 15
under this section shall be deposited in the general fund and may be appropriated by 16
the legislature to the department for the administration and enforcement of 17
AS 46.06.200 - 46.06.290. 18
(e) An electronics producer responsibility organization may not enforce 19
manufacturer compliance with the requirements of AS 46.06.200 - 46.06.290, but shall 20
refer potential manufacturer noncompliance to the department after providing notice 21
of the potential noncompliance to the manufacturer. An electronics producer 22
responsibility organization may develop and implement policies and procedures that 23
exclude from participation in the organization a manufacturer that is found by the 24
department or a court of competent jurisdiction to have failed to comply with the 25
requirements of AS 46.06.200 - 46.06.290. 26
(f) The penalties and enforcement mechanisms in this section are in addition 27
to relief provided under any other law. 28
Sec. 46.06.270. Electronics recycling advisory council. (a) The electronics 29
recycling advisory council is established in the department. 30
(b) The council consists of 13 members appointed by the commissioner for 31 34-LS0220\A
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two-year terms as follows: 1
(1) two members of the public residing in different communities with 2
at least one member residing in a community located off the interconnected road 3
system; 4
(2) two members representing recycling companies or incorporated 5
recycling centers; 6
(3) two members representing the electronic manufacturing or retail 7
industry; 8
(4) one member representing a tribal or municipal government that 9
operates a recycling program in a rural community with a population of less than 10
1,000; 11
(5) two members, each of whom represents a municipal government 12
that operates a recycling program in a community with a population of 25,000 or 13
more; 14
(6) one member representing a statewide tribal organization that assists 15
tribes with recycling issues; 16
(7) one member representing the transportation industry; 17
(8) one member representing a waste collection company or program; 18
and 19
(9) one member representing a job training or economic development 20
organization or program. 21
(c) The council shall elect a chair from among its members to serve a two-year 22
term. The council shall meet at the call of the chair. The council shall meet at least 23
quarterly until the initial round of manufacturer e-scrap program plans are approved 24
and then at least semiannually thereafter. 25
(d) A majority of the council members constitutes a quorum. The council shall 26
approve actions and recommendations by majority vote of the members present and 27
provide an opportunity for minority reports. The council may adopt bylaws and a 28
charter if desired to fulfill its duties under this section. 29
(e) A vacancy on the council shall be filled in the same manner as the original 30
selection or appointment for the remainder of the current term. 31 34-LS0220\A
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(f) The department shall provide administrative support to the council as 1
needed. 2
(g) Members of the council serve without compensation but are entitled to per 3
diem and travel expenses authorized for boards and commissions under AS 39.20.180. 4
(h) The council shall 5
(1) review and comment on a proposed manufacturer e-scrap program 6
plan before submission of the plan to the department; 7
(2) make recommendations to the department regarding the approval 8
or disapproval of a manufacturer e-scrap program plan; 9
(3) make recommendations to the department regarding the need for 10
plan amendments or other requirements based on annual reports; 11
(4) review and comment on regulations proposed by the department 12
under AS 46.06.230; and 13
(5) by November 1 of each year, beginning in 2027, provide to the 14
department a list of best practices for program collection sites and single-day 15
collection events under manufacturer e-scrap program plans submitted during the 16
following year; best practices must, to the extent practicable, preserve existing 17
collection programs and relationships. 18
Sec. 46.06.280. Exclusions. (a) The provisions of AS 46.06.200 - 46.06.290 do 19
not apply to an electronic device that is 20
(1) part of a motor vehicle or any component part of a motor vehicle 21
assembled by or for a vehicle manufacturer or franchised dealership, including 22
replacement parts for use in a motor vehicle; in this paragraph, "dealership," 23
"franchised," "manufacturer," and "motor vehicle" have the meanings given in 24
AS 45.25.990; 25
(2) functionally or physically part of a larger piece of equipment or 26
that is taken out of service from an industrial, commercial, retail, library checkout, 27
traffic control, kiosk, nonhousehold security, governmental, agricultural, or medical 28
setting, including diagnostic, monitoring, and control equipment; or 29
(3) contained within a clothes washer, clothes dryer, refrigerator, 30
freezer, conventional oven, conventional range, dishwasher, room air conditioner, 31 34-LS0220\A
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dehumidifier, water pump, sump pump, or air purifier. 1
(b) A manufacturer e-scrap program may collect an electronic device that 2
meets the criteria in (a)(2) of this section. Notwithstanding (a) of this section, 3
AS 46.06.200 - 46.06.290 apply to any device collected under this subsection. 4
(c) AS 46.06.200 - 46.06.290 do not apply to a manufacturer that assembles 5
and sells fewer than 1,000 units of covered electronic devices annually in the state or 6
that primarily sells covered electronic devices that are substantially composed of 7
rebuilt, refurbished, or used components. 8
(d) Nothing in AS 46.06.200 - 46.06.290 prevents a manufacturer from 9
accepting, through a manufacturer e-scrap program, covered electronic devices 10
collected through a pre-existing collection program that is operated under a collection 11
agreement between a third party and a community. 12
(e) To the extent allowed by law, a covered electronic device or eligible 13
electronic device collected by a manufacturer e-scrap program is not considered 14
hazardous waste, household waste, solid waste, or special waste. 15
Sec. 46.06.290. Definitions. In AS 46.06.200 - 46.06.290, 16
(1) "best practices" means standards for collecting and preparing 17
covered electronic devices for shipment and recycling markets, including packaging, 18
transport, load size, acceptable load contamination levels, and noncovered electronic 19
devices included in a load; 20
(2) "collector" means a person who collects covered electronic devices 21
at any program collection site or single-day collection event and prepares the devices 22
for transport; 23
(3) "community" means 24
(A) an incorporated city; 25
(B) a unified municipality; 26
(C) an incorporated borough; or 27
(D) a place in the unorganized borough in which 15 or more 28
individuals reside as a social unit; 29
(4) "computer" means a desktop computer, notebook computer, or 30
tablet computer; "computer" does not include an automated typewriter, printer, mobile 31 34-LS0220\A
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telephone, hand-held calculator, battery-operated portable digital music player, 1
computer keyboard, computer mouse, or associated cables; 2
(5) "computer monitor" means an electronic device that contains a 3
cathode-ray tube or flat panel screen greater than four inches in size when measured 4
diagonally and is intended to display information from a computer; 5
(6) "council" means the electronics recycling advisory council; 6
(7) "covered electronic device" means a computer, small-scale server, 7
computer monitor, television, printer, facsimile machine, scanner, battery-operated 8
portable digital music player with memory capability, digital video disc player, digital 9
video disc recorder, videocassette recorder, video game console, microwave oven, 10
digital converter box, cable receiver, satellite receiver, computer keyboard, computer 11
mouse, or associated cables sold at retail; 12
(8) "covered electronic device category" means the following 13
categories of covered electronic devices: 14
(A) computers and small-scale servers; 15
(B) computer monitors; 16
(C) televisions; 17
(D) printers, facsimile machines, and scanners; 18
(E) digital video disc players, digital video disc recorders, and 19
videocassette recorders; 20
(F) video game consoles; 21
(G) microwave ovens; 22
(H) digital converter boxes, cable receivers, and satellite 23
receivers; and 24
(I) battery-operated portable digital music players, computer 25
keyboards, computer mice, and cables; 26
(9) "covered entity" means any household, nonprofit, educational 27
institution, community, or small business located in the state; 28
(10) "desktop computer" means a computer that is controlled by a 29
stand-alone computer keyboard, stand-alone computer mouse or other pointing device, 30
computer monitor or other display unit, and that has a main unit that is not designed 31 34-LS0220\A
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for portability and is intended to be persistently located in a single location; 1
(11) "educational institution" means 2
(A) a public or private institution located in the state for grades 3
kindergarten through 12; or 4
(B) a nonprofit institution located in the state that provides 5
postsecondary or vocational education; 6
(12) "electronics producer responsibility organization" means an entity 7
that prepares and submits a manufacturer e-scrap program plan to the department and 8
oversees an e-scrap program on behalf of two or more manufacturers cooperating with 9
each other to collectively establish and operate an e-scrap program for the purpose of 10
complying with AS 46.06.200 - 46.06.290; 11
(13) "eligible electronic device" means any mobile telephone, battery-12
containing electronic, or electronic device that meets the criteria in AS 46.06.280(a)(2) 13
that is taken out of service in the state, regardless of purchase location; 14
(14) "household" means a single detached dwelling unit or a single 15
unit of a multiple dwelling unit and appurtenant structures; 16
(15) "manufacturer" means a person or successor in interest to a person 17
under whose brand or label a covered electronic device is sold at retail; if a covered 18
electronic device is sold at retail under a brand or label that is licensed from a person 19
who is the owner of the brand or label but does not sell or produce the device, or if a 20
covered electronic device is sold at retail under the brand or label of both the retail 21
seller and the person that produced the device, the person that produced the device or 22
that person's successor in interest, is the manufacturer; 23
(16) "manufacturer e-scrap program" means any program established, 24
financed, and operated by a manufacturer, individually or as part of an electronics 25
producer responsibility organization, to collect, transport, and otherwise prepare for 26
recycling covered electronic devices and eligible electronic devices collected at 27
program sites and single-day collection events in accordance with the requirements of 28
AS 46.06.200 - 46.06.290; 29
(17) "market share" means a manufacturer's percentage of all covered 30
electronic devices by weight sold within a covered electronic device category during a 31 34-LS0220\A
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specified period; 1
(18) "notebook computer" means a computer that is controlled by a 2
computer keyboard, trackpad or other pointing device, and video display greater than 3
four inches in size when measured diagonally that are all contained within the 4
construction of the unit; 5
(19) "participating manufacturer" means a manufacturer that an 6
electronics producer responsibility organization has listed under AS 46.06.210(a)(1) as 7
a participant in the electronics producer responsibility organization for a calendar year; 8
(20) "person" means an individual, partnership, co-partnership, firm, 9
company, limited liability company, corporation, association, joint stock company, 10
trust, estate, political subdivision, state agency, unit of local government, or any other 11
legal entity, including a trustee, agent, assignee, or similar legal representative; 12
(21) "printer" means a desktop printer, multifunction printer copier, 13
printer and facsimile combination, or an all-in-one device that performs a combination 14
of printing, copying, scanning, and related tasks, that is designed to reside on a work 15
surface; "printer" does not include a floor-standing printer, a printer with optional 16
floor stand, a point-of-sale receipt printer, a calculator with printing capabilities, or a 17
label maker; 18
(22) "program collection site" means a physical location that is 19
included in a manufacturer e-scrap program and at which covered electronic devices 20
are collected and prepared for transport by a collector during a calendar year; 21
(23) "recycler" means any person who transports or later recycles 22
covered electronic devices that have been collected and prepared for transport by a 23
collector at any program collection site or single-day collection event; 24
(24) "recycling" means any process by which covered electronic 25
devices that would otherwise be disposed of or discarded are collected, separated, or 26
processed and returned to the economic mainstream in the form of raw materials or 27
products; 28
(25) "retail collection site" means a private sector collection site 29
operated by a retailer collecting on behalf of a manufacturer; 30
(26) "retailer" means a person who first sells, through a sales outlet,
31 34-LS0220\A
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catalog, or Internet website, a covered electronic device at a retail or permanent 1
establishment where covered electronic devices are displayed, held, stored, or offered 2
for sale to the public; 3
(27) "sale" means any retail transfer of title for consideration, 4
including transactions conducted through sales outlets, catalogs, or an Internet website 5
or by any similar means; "sale" does not include financing or leasing; 6
(28) "single-day collection event" means a single-day event used as a 7
substitute for a program collection site; 8
(29) "small business" means a business operating in the state that 9
employs fewer than 50 people; 10
(30) "small-scale server" means a computer that typically uses desktop 11
components in a desktop form designed primarily to serve as a storage host for other 12
computers and that is designed in a pedestal, tower, or other form similar to that of a 13
desktop computer so all data processing, storage, and network interfacing is contained 14
within one box or product; designed to be operational 24 hours a day and 7 days a 15
week; designed to have very little unscheduled downtime, including on the order of 16
hours each year; capable of operating in a simultaneous multi-user environment 17
serving several users through networked client units; and designed for an industry-18
accepted operating system for home or low-end server applications; 19
(31) "tablet computer" means a computer that is controlled by a touch 20
screen and video display greater than six inches in size when measured diagonally that 21
is contained within the construction of the unit; 22
(32) "television" means an electronic device that contains a cathode-23
ray tube or flat panel screen greater than four inches in size when measured diagonally 24
and is intended to receive video programming through broadcast, cable, satellite, 25
Internet connection, or other method of video transmission or that is intended to 26
receive video from surveillance cameras or other similar equipment. 27
Article 3. General Provisions. 28
Sec. 46.06.990. Definitions. In this chapter, 29
(1) "commissioner" means the commissioner of environmental 30
conservation; 31 34-LS0220\A
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(2) "department" means the Department of Environmental 1
Conservation. 2
* Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 3
read: 4
TRANSITION. The commissioner of environmental conservation shall appoint 5
members of the electronics recycling advisory council under AS 46.06.270(b), added by sec. 9 6
of this Act, as soon as practicable. Notwithstanding AS 46.06.270(b), added by sec. 9 of this 7
Act, the commissioner shall appoint seven initial members of the electronics recycling 8
advisory council to serve four-year terms and the remaining six initial members to serve 9
three-year terms. Initial members may be appointed to subsequent two-year terms thereafter. 10
* Sec. 11. This Act takes effect immediately under AS 01.10.070(c). 11