Alaska 2025-2026 Regular Session

Alaska Senate Bill SB61 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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2		-	~~SB0061B~~ -1- ~~CSSB~~ 61~~(RES)~~
	2	+	SB0061A -1- SB 61
3	3		New Text Underlined [DELETED TEXT BRACKETED]
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5		-	34-LS0220\I
	5	+	34-LS0220\A
6	6
7	7
8	8
9	9
10		-	CS FOR SENATE BILL NO. 61(RES)
	10	+
	11	+	SENATE BILL NO. 61
11	12
12	13		IN THE LEGISLATURE OF THE STATE OF ALASKA
13	14
14	15		THIRTY-FOURTH LEGISLATURE - FIRST SESSION
15	16
16		-	BY ~~THE SENATE RESOURCES COMMITTEE~~
	17	+	BY SENATOR TOBIN
17	18
18		-	~~Offered~~: 2/26/25
19		-	Referred: Finance
	19	+	Introduced: 1/24/25
	20	+	Referred: Resources, Finance
20	21
21		-	~~Sponsor(s): SENATOR TOBIN~~
	22	+
22	23		A BILL
23	24
24	25		FOR AN ACT ENTITLED
25	26
26	27		"An Act relating to an electronic product stewardship program; relating to collection, 1
27	28		recycling, and disposal of electronic equipment; establishing the electronics recycling 2
28	29		advisory council; and providing for an effective date." 3
29	30		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
30	31		* Section 1. The uncodified law of the State of Alaska is amended by adding a new section 5
31	32		to read: 6
32	33		LEGISLATIVE FINDINGS AND INTENT. The activities authorized by 7
33	34		AS 46.06.200 - 46.06.290, added by sec. 9 of this Act, require collaboration among 8
34	35		manufacturers, electronics producer responsibility organizations, and other entities that 9
35	36		perform activities directly related to manufacturer e-scrap programs. These activities will 10
36	37		enable collection, recycling, and disposal of covered electronic devices in a safe and effective 11
37	38		manner, which is in the best interest of the public. The benefits of collaboration, together with 12
38	39		the active state supervision provided by the Department of Environmental Conservation under 13
39		-	AS 46.06.200 - 46.06.290, outweigh potential adverse effects. Therefore, the legislature 14 34-LS0220\I
40		-	~~CSSB~~ 61~~(RES)~~ -2- ~~SB0061B~~
	40	+	AS 46.06.200 - 46.06.290, outweigh potential adverse effects. Therefore, the legislature 14 34-LS0220\A
	41	+	SB 61 -2- SB0061A
41	42		New Text Underlined [DELETED TEXT BRACKETED]
42	43
43	44		intends to provide immunity through the state action doctrine from federal antitrust laws for 1
44	45		participating in manufacturer e-scrap programs as required by AS 46.06.200 - 46.06.290. 2
45	46		* Sec. 2. AS 45.50.572(b) is amended to read: 3
46	47		(b) AS 45.50.562 - 45.50.596 do not forbid actions or arrangements authorized 4
47	48		or regulated under the laws of the United States that exempt these actions or 5
48	49		arrangements from application of the antitrust laws of the United States or under the 6
49	50		following statutes of this state: 7
50	51		(1) AS 06.05.235 and 06.05.570; 8
51	52		(2) AS 10.15; [AND] 9
52	53		(3) AS 31.05.110; and 10
53	54		(4) AS 46.06.200 - 46.06.290. 11
54	55		* Sec. 3. AS 46.06.100 is amended to read: 12
55	56		Sec. 46.06.100. Notice to public. The penalties imposed for littering shall be 13
56	57		posted along the public highways of the state, at visitor centers, at entrances to state 14
57	58		parks and recreational areas, at public beaches, and at other publicly owned public 15
58	59		places the commissioner determines necessary to accomplish the purposes of 16
59	60		AS 46.06.010 - 46.06.150 [THIS CHAPTER]. The state agency or municipality 17
60	61		responsible for litter removal from a public place shall post the notice required by this 18
61	62		section. 19
62	63		* Sec. 4. AS 46.06.110 is amended to read: 20
63	64		Sec. 46.06.110. Enforcement authority. (a) The following persons are 21
64	65		authorized to enforce the provisions of AS 46.06.010 - 46.06.150 [THIS CHAPTER]: 22
65	66		(1) a state employee authorized by the commissioner; and 23
66	67		(2) a peace officer. 24
67	68		(b) The department shall prescribe a citation form, which shall be used by all 25
68	69		peace officers and persons in the state who are authorized to enforce the provisions of 26
69	70		AS 46.06.010 - 46.06.150 [THIS CHAPTER]. The citation form must meet the 27
70	71		requirements of AS 12.25.175 - 12.25.230. 28
71	72		* Sec. 5. AS 46.06.120 is amended to read: 29
72	73		Sec. 46.06.120. Grants. The department may make grants to state agencies, to 30
73		-	municipalities, and to private organizations including nonprofit organizations for the 31 34-LS0220\I
74		-	~~SB0061B~~ -3- ~~CSSB~~ 61~~(RES)~~
	74	+	municipalities, and to private organizations including nonprofit organizations for the 31 34-LS0220\A
	75	+	SB0061A -3- SB 61
75	76		New Text Underlined [DELETED TEXT BRACKETED]
76	77
77	78		establishment and operation of programs authorized under AS 46.06.010 - 46.06.150 1
78	79		[THIS CHAPTER]. A grant under this section may not exceed 18 months. A program 2
79	80		qualifying for a grant under this section may include 3
80	81		(1) courses of instruction at, or the distribution of informative 4
81	82		materials to, elementary and secondary schools; 5
82	83		(2) purchase and erection of roadside signs; 6
83	84		(3) organization and operation of litter removal activities conducted by 7
84	85		municipalities, private organizations or, service groups using volunteer help; 8
85	86		(4) a public information program to inform the public concerning the 9
86	87		reduction of litter using the media including use of the electronic media; 10
87	88		(5) expansion of existing, and planning, design, and construction of 11
88	89		new, facilities for the recovery of materials and energy from litter; 12
89	90		(6) research and evaluation of markets for the materials and energy 13
90	91		recovered from litter; 14
91	92		(7) advice and assistance, including information and consultation on 15
92	93		available technology, operating procedures, organizational arrangements, markets for 16
93	94		materials or energy obtained from litter, transportation alternatives, and publicity 17
94	95		techniques; 18
95	96		(8) surveys by public agencies or recognized research organizations to 19
96	97		assess the amount and composition of litter [,] and rates of littering; 20
97	98		(9) the purchase of litter receptacles; 21
98	99		(10) the creation or expansion of litter law enforcement programs; 22
99	100		(11) the initial purchase or lease of recycling equipment, the cost of 23
100	101		operating that equipment, and the cost of storing and transporting materials before and 24
101	102		after those materials are recycled. 25
102	103		* Sec. 6. AS 46.06.130(a) is amended to read: 26
103	104		(a) The department shall adopt regulations under AS 44.62 (Administrative 27
104	105		Procedure Act) that establish 28
105	106		(1) eligibility requirements for applicants for a grant under 29
106	107		AS 46.06.120; 30
107		-	(2) standards for the evaluation of proposals submitted by applicants 31 34-LS0220\I
108		-	~~CSSB~~ 61~~(RES)~~ -4- ~~SB0061B~~
	108	+	(2) standards for the evaluation of proposals submitted by applicants 31 34-LS0220\A
	109	+	SB 61 -4- SB0061A
109	110		New Text Underlined [DELETED TEXT BRACKETED]
110	111
111	112		for grants under AS 46.06.120; and 1
112	113		(3) other conditions for the receipt of a grant under AS 46.06.120 that 2
113	114		are necessary to achieve the purposes of AS 46.06.010 - 46.06.150 [THIS 3
114	115		CHAPTER]. 4
115	116		* Sec. 7. AS 46.06.140 is amended to read: 5
116	117		Sec. 46.06.140. Federal requirements. If a federal department or agency 6
117	118		issues a formal ruling that a section of AS 46.06.010 - 46.06.150 [THIS CHAPTER] 7
118	119		will prevent the state from receiving federal financial participation in a program or 8
119	120		activity established under AS 46.06.010 - 46.06.150 [THIS CHAPTER], the section 9
120	121		does not apply to the extent that it causes the program or activity to lose federal 10
121	122		funding. 11
122	123		* Sec. 8. AS 46.06.150 is amended to read: 12
123	124		Sec. 46.06.150. Definitions. In AS 46.06.010 - 46.06.150 [THIS CHAPTER], 13
124	125		(1) "beverage container" means the individual, separate, sealed glass, 14
125	126		metal or plastic bottle, can, jar or carton containing beer or other malt beverages or 15
126	127		carbonated soft drinks, in liquid form; 16
127	128		(2) ["COMMISSIONER" MEANS THE COMMISSIONER OF 17
128	129		ENVIRONMENTAL CONSERVATION; 18
129	130		(3)] "degradable" means a characteristic of a material that allows the 19
130	131		material to be broken down by biological, chemical, photochemical, or other physical 20
131	132		processes 21
132	133		(A) within two years upon exposure to natural elements; and 22
133	134		(B) to a particle size and chemical composition that may be 23
134	135		assimilated harmlessly and aesthetically into the environment without 24
135	136		producing a residue or by-product determined by the department to be 25
136	137		hazardous; 26
137	138		(3) [(4) "DEPARTMENT" MEANS THE DEPARTMENT OF 27
138	139		ENVIRONMENTAL CONSERVATION; 28
139	140		(5)] "litter" means all waste material including disposable packages or 29
140	141		containers disposed of in a manner prohibited by AS 46.06.080, but does not include 30
141		-	the wastes of the primary processes of mining or other extraction process, logging, 31 34-LS0220\I
142		-	~~SB0061B~~ -5- ~~CSSB~~ 61~~(RES)~~
	142	+	the wastes of the primary processes of mining or other extraction process, logging, 31 34-LS0220\A
	143	+	SB0061A -5- SB 61
143	144		New Text Underlined [DELETED TEXT BRACKETED]
144	145
145	146		sawmilling, farming, or manufacturing; 1
146	147		(4) [(6)] "litter bag" means a bag, sack, or other container made of any 2
147	148		material that [WHICH] is large enough and suitable to serve as a receptacle for litter 3
148	149		inside a vehicle or vessel; 4
149	150		(5) [(7)] "public place" means public or private property that is used or 5
150	151		held out for use by the public, whether owned or operated by public or private 6
151	152		interests, including [BUT NOT LIMITED TO] highways or other roads on [UPON] 7
152	153		which vehicles are moved, parks, campgrounds, trailer parks, drive-in and fast food 8
153	154		restaurants, gasoline service stations, marinas, boat launching areas, boat moorage and 9
154	155		fueling stations, public and private piers, beaches, bathing areas, school grounds, 10
155	156		sporting event sites with seating capacity for more than 200 spectators, business 11
156	157		district sidewalks, parking lots for taverns, shopping centers and grocery stores, and 12
157	158		other parking lots if they have a capacity for more than 50 vehicles; 13
158	159		(6) [(8)] "vehicle" means a mechanically driven device of any kind that 14
159	160		is used for the transportation of a person or property on a public highway, trail, or 15
160	161		path; 16
161	162		(7) [(9)] "vessel" means all descriptions of watercraft used or capable 17
162	163		of being used as a means of transportation on the water. 18
163	164		* Sec. 9. AS 46.06 is amended by adding new sections to read: 19
164	165		Article 2. Electronic Product Stewardship Program. 20
165	166		Sec. 46.06.200. Manufacturer registration. (a) By June 30, 2028, and 21
166	167		annually thereafter, a manufacturer of covered electronic devices sold in the state shall 22
167	168		register with the department, for a period to cover the upcoming calendar year, by 23
168	169		completing and submitting to the department the registration form prescribed by the 24
169	170		department. The registration must include 25
170	171		(1) a list of all brands and labels under which the manufacturer's 26
171	172		covered electronic devices are offered for sale in the state; 27
172	173		(2) the weight of all individual covered electronic devices by covered 28
173	174		electronic device category sold or offered for sale under any of the manufacturer's 29
174	175		brands or labels in the United States during the previous two calendar years before the 30
175		-	applicable calendar year; and 31 34-LS0220\I
176		-	~~CSSB~~ 61~~(RES)~~ -6- ~~SB0061B~~
	176	+	applicable calendar year; and 31 34-LS0220\A
	177	+	SB 61 -6- SB0061A
177	178		New Text Underlined [DELETED TEXT BRACKETED]
178	179
179	180		(3) any other information required by the department to implement 1
180	181		AS 46.06.200 - 46.06.290. 2
181	182		(b) If a manufacturer's covered electronic devices are sold or offered for sale 3
182	183		in the state during a calendar year under a brand that is not listed in the manufacturer's 4
183	184		registration, the manufacturer shall amend the registration to add the brand within 30 5
184	185		days after the first sale or offer for sale under that brand. 6
185	186		(c) A manufacturer subject to this section shall pay the program administration 7
186	187		fee established under AS 46.06.230(e) to the department at the time of submission of 8
187	188		the manufacturer's registration under (a) of this section. 9
188	189		Sec. 46.06.210. Manufacturer e-scrap program plans; manufacturer and 10
189	190		electronics producer responsibility organization responsibilities. (a) Beginning in 11
190	191		2028, a manufacturer of covered electronic devices in the state shall submit a proposed 12
191	192		manufacturer e-scrap program plan to the electronics recycling advisory council by 13
192	193		March 31 for the upcoming calendar year. Upon receiving feedback from the council, 14
193	194		the manufacturer shall make any necessary changes based on the feedback and submit 15
194	195		a manufacturer e-scrap program plan to the department at the time of submission of 16
195	196		the manufacturer's registration under AS 46.06.200. A manufacturer may satisfy the 17
196	197		requirements of this subsection through an electronics producer responsibility 18
197	198		organization. A manufacturer e-scrap program plan must include 19
198	199		(1) contact information for the manufacturer or electronics producer 20
199	200		responsibility organization and a comprehensive list of all manufacturers participating 21
200	201		in the plan for the upcoming calendar year and the contact information for all 22
201	202		participants; 23
202	203		(2) a description of the transportation and recycling systems, service 24
203	204		providers, collectors, and processors used; 25
204	205		(3) a description of how the manufacturer or electronics producer 26
205	206		responsibility organization communicated with and sought input from local 27
206	207		governments and tribes operating electronics recycling programs; 28
207	208		(4) a description of how the manufacturer or electronics producer 29
208	209		responsibility organization will 30
209		-	(A) work with local governments and tribes as collectors; 31 34-LS0220\I
210		-	~~SB0061B~~ -7- ~~CSSB~~ 61~~(RES)~~
	210	+	(A) work with local governments and tribes as collectors; 31 34-LS0220\A
	211	+	SB0061A -7- SB 61
211	212		New Text Underlined [DELETED TEXT BRACKETED]
212	213
213	214		(B) seek to use businesses or organizations in the state, 1
214	215		including retailers, charities, processors, local organizations, local health care 2
215	216		facilities, and collection and transportation services; and 3
216	217		(C) provide fair financial compensation to collection sites for 4
217	218		services, including collecting, storing, managing, and transporting covered 5
218	219		electronic devices; 6
219	220		(5) the methods for the reasonably convenient collection of all types of 7
220	221		covered electronic devices in rural and urban areas throughout the state, including the 8
221	222		quantity and locations of the program collection sites and single-day collection events 9
222	223		required under AS 46.06.220(a); 10
223	224		(6) a description of how the plan will provide service to all covered 11
224	225		entities in the state; 12
225	226		(7) the processes and methods used to recycle covered electronic 13
226	227		devices and eligible electronic devices, including a description of the processing that 14
227	228		will be used and the facility location; 15
228	229		(8) a description of how covered electronic devices and eligible 16
229	230		electronic devices that are suitable for reuse will be identified and diverted for reuse; 17
230	231		(9) documentation of audits of each processor used in the plan and 18
231	232		compliance with the plan's processing standards; 19
232	233		(10) a description of the accounting and reporting systems that will be 20
233	234		employed; 21
234	235		(11) a timeline that describes startup, implementation, and progress 22
235	236		toward milestones with anticipated results; 23
236	237		(12) a description of the public information campaign that will be used 24
237	238		to inform covered entities, communities, and consumers about how to recycle covered 25
238	239		electronic devices at the end of the life of the product and examples of outreach 26
239	240		materials for the campaign; 27
240	241		(13) a description of how manufacturers participating in the plan will 28
241	242		communicate and work with processors to promote and encourage design of electronic 29
242	243		products and components for recycling; and 30
243		-	(14) if two or more manufacturers are participating in an electronics 31 34-LS0220\I
244		-	~~CSSB~~ 61~~(RES)~~ -8- ~~SB0061B~~
	244	+	(14) if two or more manufacturers are participating in an electronics 31 34-LS0220\A
	245	+	SB 61 -8- SB0061A
245	246		New Text Underlined [DELETED TEXT BRACKETED]
246	247
247	248		producer responsibility organization, a certification that the methodology used to 1
248	249		allocate responsibility among participating manufacturers will comply with (c) of this 2
249	250		section. 3
250	251		(b) If the department determines that a manufacturer e-scrap program plan 4
251	252		fails to meet the requirements in this section, the manufacturer or electronics producer 5
252	253		responsibility organization shall submit an updated plan to the department within 30 6
253	254		days after the date of disapproval. 7
254	255		(c) A manufacturer shall assume financial responsibility for all costs 8
255	256		associated with implementing a manufacturer e-scrap program plan after approval. An 9
256	257		electronics producer responsibility organization shall allocate a participating 10
257	258		manufacturer's financial responsibility by 11
258	259		(1) calculating the manufacturer's market share for each covered 12
259	260		electronic device category based on the total weight of all individual covered 13
260	261		electronic devices sold or offered for sale in each category under any of the 14
261	262		manufacturer's brands or labels in the United States during the previous two calendar 15
262	263		years before the applicable calendar year; and 16
263	264		(2) adding the percentages calculated under (1) of this subsection. 17
264	265		(d) If a manufacturer e-scrap program fails to provide collection site services 18
265	266		in each community as required under AS 46.06.220(a) or meet other plan 19
266	267		requirements, the manufacturer or electronics producer responsibility organization 20
267	268		shall submit a revised plan to the department within 60 days after the failure that 21
268	269		addresses how the manufacturer e-scrap program will be adjusted to meet the 22
269	270		requirements. 23
270	271		(e) A manufacturer or electronics producer responsibility organization shall 24
271	272		notify the department of any modification to the manufacturer e-scrap program plan. If 25
272	273		the department determines that the manufacturer or electronics producer responsibility 26
273	274		organization significantly modified the plan, the manufacturer or electronics producer 27
274	275		responsibility organization shall submit a revised plan that describes the modifications 28
275	276		within 60 days after the department's determination. 29
276	277		(f) Beginning in 2030, a manufacturer or electronics producer responsibility 30
277		-	organization with an approved manufacturer e-scrap program plan for the previous 31 34-LS0220\I
278		-	~~SB0061B~~ -9- ~~CSSB~~ 61~~(RES)~~
	278	+	organization with an approved manufacturer e-scrap program plan for the previous 31 34-LS0220\A
	279	+	SB0061A -9- SB 61
279	280		New Text Underlined [DELETED TEXT BRACKETED]
280	281
281	282		calendar year shall file an annual report with the department on or before March 31 1
282	283		that covers the previous calendar year. The annual report must include 2
283	284		(1) the collection services provided in each community, including a list 3
284	285		of all collection sites and services operating in the state in the previous calendar year 4
285	286		and who operated the sites; 5
286	287		(2) a list of processors used, including subcontractors that further 6
287	288		process or recycle covered electronic devices or electronic components used, the 7
288	289		weight of covered electronic devices and eligible electronic devices processed by each 8
289	290		processor, and a description of the processes and methods used to recycle the devices, 9
290	291		including a description of the processing and facility locations; 10
291	292		(3) an estimate of the weight of each type of material recovered from 11
292	293		the processing of recycled collected devices; types of material recovered must include, 12
293	294		at a minimum, cathode ray tube glass, circuit boards, batteries, mercury-containing 13
294	295		devices, plastics, and metals; 14
295	296		(4) an estimate of the percentage, by weight, of all collected devices 15
296	297		that are reused, recycled, or become residual waste disposed of in another manner; 16
297	298		(5) the outreach efforts that were undertaken; 17
298	299		(6) a list of manufacturers that participated in the plan; 18
299	300		(7) a description of program revenue and costs, including the total cost 19
300	301		of the program and the average cost of the program per pound of covered electronic 20
301	302		devices and eligible electronic devices collected; 21
302	303		(8) a detailed accounting of the following costs of the program: 22
303	304		(A) program delivery, including 23
304	305		(i) education and promotional efforts; 24
305	306		(ii) collection; 25
306	307		(iii) transportation; and 26
307	308		(iv) processing and labor; and 27
308	309		(B) program administration; and 28
309	310		(9) a description of the methods used by the program to collect, 29
310	311		transport, recycle, and process collected devices. 30
311		-	(g) To the extent feasible, manufacturers and electronics producer 31 34-LS0220\I
312		-	~~CSSB~~ 61~~(RES)~~ -10- ~~SB0061B~~
	312	+	(g) To the extent feasible, manufacturers and electronics producer 31 34-LS0220\A
	313	+	SB 61 -10- SB0061A
313	314		New Text Underlined [DELETED TEXT BRACKETED]
314	315
315	316		responsibility organizations shall collaborate with electronic product retailers, utilities 1
316	317		furnishing solid waste material collection and disposal services, recyclers, charities, 2
317	318		tribes, local governments, and other businesses in the state in the development and 3
318	319		implementation of the program plan. 4
319	320		Sec. 46.06.220. Collection site requirements; collector responsibilities. (a) 5
320	321		Beginning in 2029, a manufacturer or electronics producer responsibility organization 6
321		-	shall, at a minimum, operate program collection sites and collection events in the 7
322		-	following quantities during a calendar year depending on community populations as 8
323		-	determined by the most recent decennial census conducted by the United States 9
324		-	Bureau of the Census: 10
325		-	(1) 15 collection sites in each community that has a population of 11
326		-	250,000 or more, including at least five year-round collection sites; 12
327		-	(2) five year-round collection sites in each community that has a 13
328		-	population of at least 30,000 but less than 250,000; 14
329		-	(3) three year-round collection sites in each community that has a 15
330		-	population of at least 15,000 but less than 30,000; 16
331		-	(4) two year-round collection sites in each community that has a 17
332		-	population of at least 10,000 but less than 15,000; 18
333		-	(5) one year-round collection site in each community that has a 19
334		-	population of at least 5,500 but less than 10,000; and 20
335		-	(6) one single-day collection event for each calendar year in each 21
336		-	community that has a population of less than 5,500. 22
337		-	(b) The council may approve a lower quantity of collection sites or collection 23
338		-	events than required under (a) of this section for a community if a manufacturer or 24
339		-	electronics producer responsibility organization demonstrates to the council that the 25
340		-	community has a safe, adequate, and easily accessible collection site in which to store 26
341		-	covered electronic devices throughout the interim periods between collection events. 27
342		-	(c) A community may enter into a written agreement with a manufacturer or 28
343		-	electronics producer responsibility organization to substitute a program collection site 29
344		-	required under (a) of this section with four or more single-day collection events in the 30
345		-	community.
346		-	31 34-LS0220\I
347		-	SB0061B -11- CSSB 61(RES)
	322	+	shall, at a minimum, operate program collection sites in the following quantities 7
	323	+	during a calendar year depending on community populations as determined by the 8
	324	+	most recent decennial census conducted by the United States Bureau of the Census: 9
	325	+	(1) 15 collection sites in each community that has a population of 10
	326	+	250,000 or more, including at least five year-round collection sites; 11
	327	+	(2) five year-round collection sites in each community that has a 12
	328	+	population of at least 30,000 but less than 250,000; 13
	329	+	(3) three year-round collection sites in each community that has a 14
	330	+	population of at least 15,000 but less than 30,000; 15
	331	+	(4) two year-round collection sites in each community that has a 16
	332	+	population of at least 10,000 but less than 15,000; 17
	333	+	(5) one year-round collection site in each community that has a 18
	334	+	population of at least 5,500 but less than 10,000; and 19
	335	+	(6) one single-day collection event for each calendar year in each 20
	336	+	community that has a population of less than 5,500. 21
	337	+	(b) A community may enter into a written agreement with a manufacturer or 22
	338	+	electronics producer responsibility organization to substitute a program collection site 23
	339	+	required under (a) of this section with four or more single-day collection events in the 24
	340	+	community. 25
	341	+	(c) A collector that operates a program collection site or single-day collection 26
	342	+	event during a calendar year shall, unless otherwise provided for by an agreement 27
	343	+	between the collector and the manufacturer or electronics producer responsibility 28
	344	+	organization, 29
	345	+	(1) accept all covered electronic devices delivered to the collection site 30
	346	+	or collection event during the calendar year; 31 34-LS0220\A
	347	+	SB0061A -11- SB 61
348	348		New Text Underlined [DELETED TEXT BRACKETED]
349	349
350		-	(d) ~~A collector~~ that ~~operates a program collection site or single-day~~ ~~collection~~ 1
351		-	~~event during a calendar year shall~~, ~~unless otherwise provided for~~ by ~~an agreement~~ 2
352		-	~~between~~ the ~~collector and the manufacturer or electronics producer responsibility~~ 3
353		-	~~organization,~~ 4
354		-	(1) ~~accept all covered electronic~~ devices ~~delivered~~ to ~~the collection site~~ 5
355		-	~~or collection event~~ during ~~the calendar year;~~ 6
356		-	(2) ~~ensure that~~ collected devices ~~are sorted and loaded~~ in ~~compliance~~ 7
357		-	~~with federal,~~ ~~state, and local law, and with the best practices agreed to by the~~ 8
358		-	~~electronics recycling advisory council for~~ the ~~calendar year;~~ 9
359		-	(3) ~~separate collected devices from other material;~~ 10
360		-	~~(4) package collected devices in a structurally sound manner to prevent~~ 11
361		-	~~breakage during transportation;~~ and 12
362		-	(5) ~~load collected devices onto pallets secured with plastic wrap or in~~ 13
363		-	~~pallet-sized bulk containers before shipping.~~ 14
364		-	(e) ~~A collector shall sort collected~~ devices ~~into the following categories:~~ 15
365		-	~~(1) computer monitors~~ and ~~televisions containing a cathode-ray tube,~~ 16
366		-	~~other than televisions with wooden exteriors;~~ 17
367		-	~~(2) computer monitors and televisions containing a flat panel screen;~~ 18
368		-	~~(3) all other covered televisions;~~ 19
369		-	~~(4) computers;~~ 20
370		-	(5) ~~all other covered electronic devices and eligible electronic devices;~~ 21
371		-	~~and~~ 22
372		-	~~(6) any electronic device not part~~ of ~~the manufacturer e-scrap program~~ 23
373		-	~~that~~ the ~~collector has arranged to have picked up in addition to covered electronic~~ 24
374		-	~~devices~~ and ~~for which a financial arrangement has been made to cover the recycling~~ 25
375		-	~~costs outside of~~ the ~~manufacturer e-scrap~~ ~~program.~~ 26
376		-	~~(f) A manufacturer e-scrap program may use retail collection sites to satisfy~~ 27
377		-	~~some or all of the collection site obligations under this section~~. A ~~retailer may serve as~~ 28
378		-	a ~~collector~~ and ~~a site may serve as a retail collection site only by agreement of~~ 29
379		-	~~(1)~~ the ~~retailer;~~ 30
380		-	~~(2)~~ the ~~operators of~~ the ~~manufacturer e-scrap~~ ~~program; and~~ 31 34-LS0220\I
381		-	~~CSSB~~ 61~~(RES)~~ -12- ~~SB0061B~~
	350	+	(2) ensure that collected devices are sorted and loaded in compliance 1
	351	+	with federal, state, and local law, and with the best practices agreed to by the 2
	352	+	electronics recycling advisory council for the calendar year; 3
	353	+	(3) separate collected devices from other material; 4
	354	+	(4) package collected devices in a structurally sound manner to prevent 5
	355	+	breakage during transportation; and 6
	356	+	(5) load collected devices onto pallets secured with plastic wrap or in 7
	357	+	pallet-sized bulk containers before shipping. 8
	358	+	(d) A collector shall sort collected devices into the following categories: 9
	359	+	(1) computer monitors and televisions containing a cathode-ray tube, 10
	360	+	other than televisions with wooden exteriors; 11
	361	+	(2) computer monitors and televisions containing a flat panel screen; 12
	362	+	(3) all other covered televisions; 13
	363	+	(4) computers; 14
	364	+	(5) all other covered electronic devices and eligible electronic devices; 15
	365	+	and 16
	366	+	(6) any electronic device not part of the manufacturer e-scrap program 17
	367	+	that the collector has arranged to have picked up in addition to covered electronic 18
	368	+	devices and for which a financial arrangement has been made to cover the recycling 19
	369	+	costs outside of the manufacturer e-scrap program. 20
	370	+	(e) A manufacturer e-scrap program may use retail collection sites to satisfy 21
	371	+	some or all of the collection site obligations under this section. A retailer may serve as 22
	372	+	a collector and a site may serve as a retail collection site only by agreement of 23
	373	+	(1) the retailer; 24
	374	+	(2) the operators of the manufacturer e-scrap program; and 25
	375	+	(3) the community in which the retailer or retail collection site is 26
	376	+	located. 27
	377	+	Sec. 46.06.230. Department responsibilities. (a) Within 60 days after 28
	378	+	receiving a manufacturer e-scrap program plan, the department shall review and 29
	379	+	approve or disapprove the plan and provide written notification of the department's 30
	380	+	decision, including the reasons for the approval or disapproval, to the designated point 31 34-LS0220\A
	381	+	SB 61 -12- SB0061A
382	382		New Text Underlined [DELETED TEXT BRACKETED]
383	383
384		-	(3) the community in which the retailer or retail collection site is 1
385		-	located. 2
386		-	Sec. 46.06.230. Department responsibilities. (a) Within 60 days after 3
387		-	receiving a manufacturer e-scrap program plan, the department shall review and 4
388		-	approve or disapprove the plan and provide written notification of the department's 5
389		-	decision, including the reasons for the approval or disapproval, to the designated point 6
390		-	of contact for the manufacturer or electronics producer responsibility organization. 7
391		-	The department shall approve the plan if the department determines the plan satisfies 8
392		-	AS 46.06.210. 9
393		-	(b) Within 90 days after receiving an annual report from a manufacturer or 10
394		-	electronics producer responsibility organization, the department shall review the report 11
395		-	and provide written notification to the designated point of contact for the manufacturer 12
396		-	or electronics producer responsibility organization of any need for additional 13
397		-	information or documentation or any deficiency identified by the department in the 14
398		-	manufacturer e-scrap program. 15
399		-	(c) Every four years, beginning in 2029, the department shall conduct 16
400		-	(1) a study to determine whether the definition of "covered electronic 17
401		-	device" should be expanded to include additional electronic products, such as those 18
402		-	from emerging technological waste streams; and 19
403		-	(2) a survey of household generation of e-scrap in the state to evaluate 20
404		-	the waste stream and the effectiveness of manufacturer e-scrap programs. 21
405		-	(d) Every two years, beginning in 2031, the department shall evaluate the 22
406		-	manufacturer e-scrap program and report the results of the evaluation to the 23
407		-	legislature. 24
408		-	(e) The department shall adopt regulations to establish the amount and manner 25
409		-	of payment of a program administration fee for manufacturers and electronics 26
410		-	producer responsibility organizations covered by AS 46.06.200 - 46.06.290. Fee levels 27
411		-	must be reasonably calculated to ensure that the total amount of fees collected from all 28
412		-	manufacturers and electronics producer responsibility organizations approximately 29
413		-	equals the costs to the department for administering and enforcing AS 46.06.200 - 30
414		-	46.06.290. The department shall review the fee amounts annually and reasonably 31 34-LS0220\I
415		-	SB0061B -13- CSSB 61(RES)
	384	+	of contact for the manufacturer or electronics producer responsibility organization. 1
	385	+	The department shall approve the plan if the department determines the plan satisfies 2
	386	+	AS 46.06.210. 3
	387	+	(b) Within 90 days after receiving an annual report from a manufacturer or 4
	388	+	electronics producer responsibility organization, the department shall review the report 5
	389	+	and provide written notification to the designated point of contact for the manufacturer 6
	390	+	or electronics producer responsibility organization of any need for additional 7
	391	+	information or documentation or any deficiency identified by the department in the 8
	392	+	manufacturer e-scrap program. 9
	393	+	(c) Every four years, beginning in 2029, the department shall conduct 10
	394	+	(1) a study to determine whether the definition of "covered electronic 11
	395	+	device" should be expanded to include additional electronic products, such as those 12
	396	+	from emerging technological waste streams; and 13
	397	+	(2) a survey of household generation of e-scrap in the state to evaluate 14
	398	+	the waste stream and the effectiveness of manufacturer e-scrap programs. 15
	399	+	(d) Every two years, beginning in 2031, the department shall evaluate the 16
	400	+	manufacturer e-scrap program and report the results of the evaluation to the 17
	401	+	legislature. 18
	402	+	(e) The department shall adopt regulations to establish the amount and manner 19
	403	+	of payment of a program administration fee for manufacturers and electronics 20
	404	+	producer responsibility organizations covered by AS 46.06.200 - 46.06.290. Fee levels 21
	405	+	must be reasonably calculated to ensure that the total amount of fees collected from all 22
	406	+	manufacturers and electronics producer responsibility organizations approximately 23
	407	+	equals the costs to the department for administering and enforcing AS 46.06.200 - 24
	408	+	46.06.290. The department shall review the fee amounts annually and reasonably 25
	409	+	calculate adjustments as necessary to ensure the total revenue collected from the fees 26
	410	+	approximately equals the department's costs in subsequent calendar years. The 27
	411	+	commissioner shall separately account for the revenue from the fees received by the 28
	412	+	department, and the revenue may be appropriated by the legislature to the department 29
	413	+	for the administration and enforcement of AS 46.06.200 - 46.06.290. 30
	414	+	(f) The department shall publish on the department's Internet
	415	+	website 31 34-LS0220\A
	416	+	SB0061A -13- SB 61
416	417		New Text Underlined [DELETED TEXT BRACKETED]
417	418
418		-	calculate adjustments as necessary to ensure the total revenue collected from the fees 1
419		-	approximately equals the department's costs in subsequent calendar years. The 2
420		-	commissioner shall separately account for the revenue from the fees received by the 3
421		-	department, and the revenue may be appropriated by the legislature to the department 4
422		-	for the administration and enforcement of AS 46.06.200 - 46.06.290. 5
423		-	(f) The department shall publish on the department's Internet website 6
424		-	(1) best practices provided by the electronics recycling advisory 7
425		-	council; 8
426		-	(2) a list of all registered manufacturers; 9
427		-	(3) approved manufacturer e-scrap program plans; and 10
428		-	(4) annual reports submitted to the department. 11
429		-	(g) The department shall keep confidential all proprietary information 12
430		-	submitted to the department by a manufacturer or electronics producer responsibility 13
431		-	organization under AS 46.06.200 - 46.06.290. The department may release 14
432		-	information kept confidential under this section in summary or aggregated form that 15
433		-	does not directly or indirectly identify financial, production, or sales data of a covered 16
434		-	manufacturer or electronics producer responsibility organization. 17
435		-	(h) The department shall present regulations proposed to implement 18
436		-	AS 46.06.200 - 46.06.290 to the electronics recycling advisory council for review and 19
437		-	address feedback from the council before adoption. 20
438		-	Sec. 46.06.240. Outreach requirements. (a) A manufacturer or electronics 21
439		-	producer responsibility organization with an approved manufacturer e-scrap program 22
440		-	plan shall inform covered entities and retailers about where and how to reuse and 23
441		-	recycle covered electronic devices at the end of the product's life, including by 24
442		-	providing an Internet website or toll-free telephone number that provides information 25
443		-	about the recycling program in sufficient detail to educate covered entities on how to 26
444		-	return covered electronic devices for recycling. 27
445		-	(b) The department shall promote recycling of covered electronic devices by 28
446		-	(1) posting information that describes where to recycle unwanted 29
447		-	covered electronic devices on the department's Internet website; and
448		-	30
449		-	(2) providing information about recycling covered electronic devices 31 34-LS0220\I
450		-	CSSB 61(RES) -14- SB0061B
	419	+	(1) best practices provided by the electronics recycling advisory 1
	420	+	council; 2
	421	+	(2) a list of all registered manufacturers; 3
	422	+	(3) approved manufacturer e-scrap program plans; and 4
	423	+	(4) annual reports submitted to the department. 5
	424	+	(g) The department shall keep confidential all proprietary information 6
	425	+	submitted to the department by a manufacturer or electronics producer responsibility 7
	426	+	organization under AS 46.06.200 - 46.06.290. The department may release 8
	427	+	information kept confidential under this section in summary or aggregated form that 9
	428	+	does not directly or indirectly identify financial, production, or sales data of a covered 10
	429	+	manufacturer or electronics producer responsibility organization. 11
	430	+	(h) The department shall present regulations proposed to implement 12
	431	+	AS 46.06.200 - 46.06.290 to the electronics recycling advisory council for review and 13
	432	+	address feedback from the council before adoption. 14
	433	+	Sec. 46.06.240. Outreach requirements. (a) A manufacturer or electronics 15
	434	+	producer responsibility organization with an approved manufacturer e-scrap program 16
	435	+	plan shall inform covered entities and retailers about where and how to reuse and 17
	436	+	recycle covered electronic devices at the end of the product's life, including by 18
	437	+	providing an Internet website or toll-free telephone number that provides information 19
	438	+	about the recycling program in sufficient detail to educate covered entities on how to 20
	439	+	return covered electronic devices for recycling. 21
	440	+	(b) The department shall promote recycling of covered electronic devices by 22
	441	+	(1) posting information that describes where to recycle unwanted 23
	442	+	covered electronic devices on the department's Internet website; and 24
	443	+	(2) providing information about recycling covered electronic devices 25
	444	+	though a toll-free telephone number. 26
	445	+	(c) A community shall promote recycling of covered electronic devices, 27
	446	+	including providing a list of local collection sites and services through existing 28
	447	+	communication methods typically used by the community. 29
	448	+	(d) A retailer that sells a new covered electronic device to a covered entity 30
	449	+	shall provide information to the entity that describes how to recycle the covered 31 34-LS0220\A
	450	+	SB 61 -14- SB0061A
451	451		New Text Underlined [DELETED TEXT BRACKETED]
452	452
453		-	~~though~~ a ~~toll-free telephone number.~~ 1
454		-	~~(c) A community shall promote recycling of covered electronic devices,~~ 2
455		-	~~including providing a list of local collection sites~~ and ~~services through existing~~ 3
456		-	~~communication methods typically used by~~ the ~~community.~~ 4
457		-	~~(d)~~ A ~~retailer that sells a new covered electronic device to a covered entity~~ 5
458		-	~~shall provide information to~~ the ~~entity that describes how to recycle the covered~~ 6
459		-	~~electronic device~~ and ~~the locations for convenient collection~~ of the ~~device. A retailer~~ 7
460		-	~~may satisfy~~ this ~~requirement by providing the manufacturer e-scrap program plan and~~ 8
461		-	~~the plan's Internet website,~~ or ~~the department's toll-free~~ ~~telephone number and website~~ 9
462		-	~~to the covered entity~~ or~~, if the retailer sells the device from the retailer's Internet~~ 10
463		-	~~website, in~~ a ~~visible location on the website.~~ 11
464		-	~~(e) Manufacturers,~~ ~~communities, retailers,~~ ~~collectors, and the department shall~~ 12
465		-	~~collaborate~~ in ~~the development and implementation of the outreach requirements of~~ 13
466		-	~~this section.~~ 14
467		-	~~Sec. 46.06.250. Prohibited acts.~~ ~~(a) On~~ or ~~after January 1, 2029, a retailer who~~ 15
468		-	~~first sells~~ a covered electronic device ~~to a covered entity may not sell or offer for sale a~~ 16
469		-	covered electronic ~~device in the state unless~~ 17
470		-	~~(1) the~~ device ~~is labeled with a brand;~~ 18
471		-	~~(2)~~ the ~~label is permanently affixed to and readily visible on the~~ 19
472		-	device; ~~and~~ 20
473		-	(3) the ~~manufacturer of~~ the ~~device is registered with the department~~ 21
474		-	~~when the retailer purchases the~~ device; ~~if a manufacturer is not registered with the~~ 22
475		-	~~department when a retailer purchases~~ the device, the ~~retailer shall be considered in~~ 23
476		-	~~compliance with this requirement~~ if ~~the~~ manufacturer ~~registers~~ with the ~~department~~ 24
477		-	~~within 30 days after~~ the retailer ~~takes possession of the device.~~ 25
478		-	~~(b) A~~ manufacturer ~~e-scrap program may not charge fees to covered entities~~ 26
479		-	~~when a covered electronic~~ device ~~or eligible electronic device is collected~~. 27
480		-	~~Sec. 46.06.260. Penalties and enforcement. (a)~~ A ~~person who knowingly~~ 28
481		-	~~makes~~ a ~~materially false~~ or ~~fraudulent statement orally or in writing to the department~~ 29
482		-	~~in connection with the requirements of AS~~ 46.06.~~200 - 46~~.~~06.290 or~~ a ~~regulation~~ 30
483		-	~~adopted under AS 46.06.200 - 46.06.290 is guilty of~~ a ~~class A misdemeanor for a first~~ 31 34-LS0220\I
484		-	~~SB0061B~~ -15- ~~CSSB~~ 61~~(RES)~~
	453	+	electronic device and the locations for convenient collection of the device. A retailer 1
	454	+	may satisfy this requirement by providing the manufacturer e-scrap program plan and 2
	455	+	the plan's Internet website, or the department's toll-free telephone number and website 3
	456	+	to the covered entity or, if the retailer sells the device from the retailer's Internet 4
	457	+	website, in a visible location on the website. 5
	458	+	(e) Manufacturers, communities, retailers, collectors, and the department shall 6
	459	+	collaborate in the development and implementation of the outreach requirements of 7
	460	+	this section. 8
	461	+	Sec. 46.06.250. Prohibited acts. (a) On or after January 1, 2030, a person may 9
	462	+	not knowingly cause or allow 10
	463	+	(1) the mixing of a covered electronic device with municipal waste that 11
	464	+	is intended for disposal at a landfill; 12
	465	+	(2) the disposal of a covered electronic device in a landfill; 13
	466	+	(3) the mixing of a covered electronic device with waste that is 14
	467	+	intended for disposal by burning; or 15
	468	+	(4) the burning of a covered electronic device. 16
	469	+	(b) On or after January 1, 2029, a retailer who first sells a covered electronic 17
	470	+	device to a covered entity may not sell or offer for sale a covered electronic device in 18
	471	+	the state unless 19
	472	+	(1) the device is labeled with a brand; 20
	473	+	(2) the label is permanently affixed to and readily visible on the 21
	474	+	device; and 22
	475	+	(3) the manufacturer of the device is registered with the department 23
	476	+	when the retailer purchases the device; if a manufacturer is not registered with the 24
	477	+	department when a retailer purchases the device, the retailer shall be considered in 25
	478	+	compliance with this requirement if the manufacturer registers with the department 26
	479	+	within 30 days after the retailer takes possession of the device. 27
	480	+	(c) A manufacturer e-scrap program may not charge fees to covered entities 28
	481	+	when a covered electronic device or eligible electronic device is collected. 29
	482	+	Sec. 46.06.260. Penalties and enforcement. (a) A person who knowingly 30
	483	+	makes a materially false or fraudulent statement orally or in writing to the department 31 34-LS0220\A
	484	+	SB0061A -15- SB 61
485	485		New Text Underlined [DELETED TEXT BRACKETED]
486	486
487		-	conviction, a class C felony for a second conviction, and a class B felony for a third or 1
488		-	subsequent conviction. Each statement is a separate offense. 2
489		-	(b) A person who fails to register or pay the registration fee required under 3
490		-	AS 46.06.200 is liable to the state for a civil penalty of twice the registration fee. 4
491		-	(c) Except as otherwise provided in this section, a person who violates a 5
492		-	provision of AS 46.06.200 - 46.06.290 or a regulation adopted under AS 46.06.200 - 6
493		-	46.06.290 is liable to the state for a civil penalty of up to $250 for a first or second 7
494		-	violation and up to $10,000 for each subsequent violation. The amount of the penalty 8
495		-	shall be adjusted to the seriousness of the violation. 9
496		-	(d) The attorney general may bring a civil action in the superior court to 10
497		-	recover the amount of a civil penalty under this section or to obtain an injunction to 11
498		-	restrain violations of AS 46.06.200 - 46.06.290 or require actions that may be 12
499		-	necessary to address violations of AS 46.06.200 - 46.06.290. Penalties recovered 13
500		-	under this section shall be deposited in the general fund and may be appropriated by 14
501		-	the legislature to the department for the administration and enforcement of 15
502		-	AS 46.06.200 - 46.06.290. 16
503		-	(e) An electronics producer responsibility organization may not enforce 17
504		-	manufacturer compliance with the requirements of AS 46.06.200 - 46.06.290, but shall 18
505		-	refer potential manufacturer noncompliance to the department after providing notice 19
506		-	of the potential noncompliance to the manufacturer. An electronics producer 20
507		-	responsibility organization may develop and implement policies and procedures that 21
508		-	exclude from participation in the organization a manufacturer that is found by the 22
509		-	department or a court of competent jurisdiction to have failed to comply with the 23
510		-	requirements of AS 46.06.200 - 46.06.290. 24
511		-	(f) The penalties and enforcement mechanisms in this section are in addition 25
512		-	to relief provided under any other law. 26
513		-	Sec. 46.06.270. Electronics recycling advisory council. (a) The electronics 27
514		-	recycling advisory council is established in the department. 28
515		-	(b) The council consists of 13 members appointed by the commissioner for 29
516		-	two-year terms as follows: 30
517		-	(1) two members of the public residing in different communitie
518		-	s with 31 34-LS0220\I
519		-	CSSB 61(RES) -16- SB0061B
	487	+	in connection with the requirements of AS 46.06.200 - 46.06.290 or a regulation 1
	488	+	adopted under AS 46.06.200 - 46.06.290 is guilty of a class A misdemeanor for a first 2
	489	+	conviction, a class C felony for a second conviction, and a class B felony for a third or 3
	490	+	subsequent conviction. Each statement is a separate offense. 4
	491	+	(b) A person who fails to register or pay the registration fee required under 5
	492	+	AS 46.06.200 is liable to the state for a civil penalty of twice the registration fee. 6
	493	+	(c) Except as otherwise provided in this section, a person who violates a 7
	494	+	provision of AS 46.06.200 - 46.06.290 or a regulation adopted under AS 46.06.200 - 8
	495	+	46.06.290 is liable to the state for a civil penalty of up to $250 for a first or second 9
	496	+	violation and up to $10,000 for each subsequent violation. The amount of the penalty 10
	497	+	shall be adjusted to the seriousness of the violation. 11
	498	+	(d) The attorney general may bring a civil action in the superior court to 12
	499	+	recover the amount of a civil penalty under this section or to obtain an injunction to 13
	500	+	restrain violations of AS 46.06.200 - 46.06.290 or require actions that may be 14
	501	+	necessary to address violations of AS 46.06.200 - 46.06.290. Penalties recovered 15
	502	+	under this section shall be deposited in the general fund and may be appropriated by 16
	503	+	the legislature to the department for the administration and enforcement of 17
	504	+	AS 46.06.200 - 46.06.290. 18
	505	+	(e) An electronics producer responsibility organization may not enforce 19
	506	+	manufacturer compliance with the requirements of AS 46.06.200 - 46.06.290, but shall 20
	507	+	refer potential manufacturer noncompliance to the department after providing notice 21
	508	+	of the potential noncompliance to the manufacturer. An electronics producer 22
	509	+	responsibility organization may develop and implement policies and procedures that 23
	510	+	exclude from participation in the organization a manufacturer that is found by the 24
	511	+	department or a court of competent jurisdiction to have failed to comply with the 25
	512	+	requirements of AS 46.06.200 - 46.06.290. 26
	513	+	(f) The penalties and enforcement mechanisms in this section are in addition 27
	514	+	to relief provided under any other law. 28
	515	+	Sec. 46.06.270. Electronics recycling advisory council. (a) The electronics 29
	516	+	recycling advisory council is established in the department. 30
	517	+	(b) The council consists of 13 members appointed by the commissioner for 31 34-LS0220\A
	518	+	SB 61 -16- SB0061A
520	519		New Text Underlined [DELETED TEXT BRACKETED]
521	520
522		-	~~at least one member residing in a community located off the interconnected road~~ 1
523		-	~~system;~~ 2
524		-	~~(2) two members representing recycling companies or incorporated~~ 3
525		-	~~recycling centers;~~ 4
526		-	(3) two members representing ~~the electronic manufacturing~~ or ~~retail~~ 5
527		-	~~industry~~; 6
528		-	(4) ~~one member~~ representing ~~a tribal~~ or ~~municipal government that~~ 7
529		-	~~operates a recycling program in a rural community with a population of less than~~ 8
530		-	~~1,000;~~ 9
531		-	~~(5) two members,~~ ~~each~~ of ~~whom represents a municipal government~~ 10
532		-	~~that operates a recycling program in a community with a population of 25~~,000 or 11
533		-	~~more;~~ 12
534		-	~~(6) one member representing~~ a ~~statewide tribal organization that assists~~ 13
535		-	~~tribes with recycling issues~~; 14
536		-	(7) one member representing ~~the transportation industry;~~ 15
537		-	~~(8) one member representing a waste collection company or program~~; 16
538		-	~~and~~ 17
539		-	(9) one member representing a ~~job training~~ or ~~economic development~~ 18
540		-	~~organization or program.~~ 19
541		-	(c) ~~The council shall elect~~ a ~~chair from among its members to serve a two-year~~ 20
542		-	~~term~~. ~~The council shall meet at the call of the chair. The council shall meet at least~~ 21
543		-	~~quarterly until~~ the ~~initial round of manufacturer e-scrap program plans are approved~~ 22
544		-	~~and then~~ at least ~~semiannually thereafter.~~ 23
545		-	~~(d) A majority~~ of ~~the council members constitutes a quorum. The council shall~~ 24
546		-	~~approve actions~~ and ~~recommendations by majority vote of the members present and~~ 25
547		-	~~provide an opportunity for minority reports~~. The council ~~may adopt bylaws and a~~ 26
548		-	~~charter if desired to fulfill its duties under this section.~~ 27
549		-	~~(e) A vacancy on~~ the council ~~shall be filled in the same manner as the original~~ 28
550		-	~~selection or appointment for the remainder of the current term~~. 29
551		-	(f) ~~The department shall provide administrative support to~~ the council as 30
552		-	~~needed~~. 31 34-LS0220\I
553		-	~~SB0061B~~ -17- ~~CSSB~~ 61~~(RES)~~
	521	+	two-year terms as follows: 1
	522	+	(1) two members of the public residing in different communities with 2
	523	+	at least one member residing in a community located off the interconnected road 3
	524	+	system; 4
	525	+	(2) two members representing recycling companies or incorporated 5
	526	+	recycling centers; 6
	527	+	(3) two members representing the electronic manufacturing or retail 7
	528	+	industry; 8
	529	+	(4) one member representing a tribal or municipal government that 9
	530	+	operates a recycling program in a rural community with a population of less than 10
	531	+	1,000; 11
	532	+	(5) two members, each of whom represents a municipal government 12
	533	+	that operates a recycling program in a community with a population of 25,000 or 13
	534	+	more; 14
	535	+	(6) one member representing a statewide tribal organization that assists 15
	536	+	tribes with recycling issues; 16
	537	+	(7) one member representing the transportation industry; 17
	538	+	(8) one member representing a waste collection company or program; 18
	539	+	and 19
	540	+	(9) one member representing a job training or economic development 20
	541	+	organization or program. 21
	542	+	(c) The council shall elect a chair from among its members to serve a two-year 22
	543	+	term. The council shall meet at the call of the chair. The council shall meet at least 23
	544	+	quarterly until the initial round of manufacturer e-scrap program plans are approved 24
	545	+	and then at least semiannually thereafter. 25
	546	+	(d) A majority of the council members constitutes a quorum. The council shall 26
	547	+	approve actions and recommendations by majority vote of the members present and 27
	548	+	provide an opportunity for minority reports. The council may adopt bylaws and a 28
	549	+	charter if desired to fulfill its duties under this section. 29
	550	+	(e) A vacancy on the council shall be filled in the same manner as the original 30
	551	+	selection or appointment for the remainder of the current term. 31 34-LS0220\A
	552	+	SB0061A -17- SB 61
554	553		New Text Underlined [DELETED TEXT BRACKETED]
555	554
556		-	(g) ~~Members of~~ the council ~~serve without compensation but are entitled to per~~ 1
557		-	~~diem and travel expenses authorized for boards and commissions under AS 39.20.180~~. 2
558		-	(h) The council ~~may meet in person or electronically.~~ 3
559		-	~~(i) The council shall~~ 4
560		-	(1) ~~review and comment on a proposed manufacturer e-scrap program~~ 5
561		-	~~plan before submission of the plan to the department;~~ 6
562		-	~~(2) make recommendations~~ to the department ~~regarding the approval~~ 7
563		-	~~or disapproval of a manufacturer e-scrap~~ ~~program plan;~~ 8
564		-	~~(3) make recommendations to the department regarding the need for~~ 9
565		-	~~plan amendments or other requirements based on annual reports;~~ 10
566		-	~~(4) review and comment~~ on ~~regulations proposed by the department~~ 11
567		-	~~under AS 46.06.230;~~ and 12
568		-	~~(5) by November 1 of each year, beginning in 2027, provide to the~~ 13
569		-	~~department a list~~ of ~~best practices for program collection sites and single-day~~ 14
570		-	~~collection events under manufacturer e-scrap~~ program ~~plans submitted during the~~ 15
571		-	~~following year;~~ ~~best practices must,~~ to the ~~extent practicable, preserve existing~~ 16
572		-	~~collection programs and relationships.~~ 17
573		-	~~Sec~~. ~~46.06.280. Exclusions. (a) The provisions of AS 46.06.200 - 46.06.290 do~~ 18
574		-	~~not apply to an electronic device that is~~ 19
575		-	~~(1) part of a motor vehicle or any component part of a motor vehicle~~ 20
576		-	~~assembled by~~ or ~~for~~ a vehicle ~~manufacturer or franchised dealership, including~~ 21
577		-	~~replacement parts~~ for ~~use in~~ a ~~motor vehicle;~~ ~~in this paragraph~~, ~~"dealership,"~~ 22
578		-	"~~franchised~~," ~~"manufacturer," and "motor vehicle" have the meanings given in~~ 23
579		-	~~AS 45.25.990;~~ 24
580		-	~~(2) functionally or physically part of a larger piece of equipment or~~ 25
581		-	~~that is taken out~~ of ~~service from an industrial,~~ ~~commercial, retail, library checkout,~~ 26
582		-	~~traffic control~~, ~~kiosk~~, ~~nonhousehold security~~, ~~governmental~~, ~~agricultural, or medical~~ 27
583		-	~~setting~~, ~~including diagnostic~~, ~~monitoring~~, ~~and control equipment;~~ 28
584		-	~~(3) a device as defined in 21 U.S.C. 321(h)(1)~~; or 29
585		-	(4) contained within a clothes washer, clothes dryer, refrigerator, 30
586		-	freezer, conventional oven, conventional range, dishwasher, room air conditioner, 31 34-LS0220\I
587		-	~~CSSB~~ 61~~(RES)~~ -18- ~~SB0061B~~
	555	+	(f) The department shall provide administrative support to the council as 1
	556	+	needed. 2
	557	+	(g) Members of the council serve without compensation but are entitled to per 3
	558	+	diem and travel expenses authorized for boards and commissions under AS 39.20.180. 4
	559	+	(h) The council shall 5
	560	+	(1) review and comment on a proposed manufacturer e-scrap program 6
	561	+	plan before submission of the plan to the department; 7
	562	+	(2) make recommendations to the department regarding the approval 8
	563	+	or disapproval of a manufacturer e-scrap program plan; 9
	564	+	(3) make recommendations to the department regarding the need for 10
	565	+	plan amendments or other requirements based on annual reports; 11
	566	+	(4) review and comment on regulations proposed by the department 12
	567	+	under AS 46.06.230; and 13
	568	+	(5) by November 1 of each year, beginning in 2027, provide to the 14
	569	+	department a list of best practices for program collection sites and single-day 15
	570	+	collection events under manufacturer e-scrap program plans submitted during the 16
	571	+	following year; best practices must, to the extent practicable, preserve existing 17
	572	+	collection programs and relationships. 18
	573	+	Sec. 46.06.280. Exclusions. (a) The provisions of AS 46.06.200 - 46.06.290 do 19
	574	+	not apply to an electronic device that is 20
	575	+	(1) part of a motor vehicle or any component part of a motor vehicle 21
	576	+	assembled by or for a vehicle manufacturer or franchised dealership, including 22
	577	+	replacement parts for use in a motor vehicle; in this paragraph, "dealership," 23
	578	+	"franchised," "manufacturer," and "motor vehicle" have the meanings given in 24
	579	+	AS 45.25.990; 25
	580	+	(2) functionally or physically part of a larger piece of equipment or 26
	581	+	that is taken out of service from an industrial, commercial, retail, library checkout, 27
	582	+	traffic control, kiosk, nonhousehold security, governmental, agricultural, or medical 28
	583	+	setting, including diagnostic, monitoring, and control equipment; or 29
	584	+	(3) contained within a clothes washer, clothes dryer, refrigerator, 30
	585	+	freezer, conventional oven, conventional range, dishwasher, room air conditioner, 31 34-LS0220\A
	586	+	SB 61 -18- SB0061A
588	587		New Text Underlined [DELETED TEXT BRACKETED]
589	588
590	589		dehumidifier, water pump, sump pump, or air purifier. 1
591	590		(b) A manufacturer e-scrap program may collect an electronic device that 2
592	591		meets the criteria in (a)(2) of this section. Notwithstanding (a) of this section, 3
593	592		AS 46.06.200 - 46.06.290 apply to any device collected under this subsection. 4
594	593		(c) AS 46.06.200 - 46.06.290 do not apply to a manufacturer that assembles 5
595	594		and sells fewer than 1,000 units of covered electronic devices annually in the state or 6
596	595		that primarily sells covered electronic devices that are substantially composed of 7
597	596		rebuilt, refurbished, or used components. 8
598	597		(d) Nothing in AS 46.06.200 - 46.06.290 prevents a manufacturer from 9
599	598		accepting, through a manufacturer e-scrap program, covered electronic devices 10
600	599		collected through a pre-existing collection program that is operated under a collection 11
601	600		agreement between a third party and a community. 12
602	601		(e) To the extent allowed by law, a covered electronic device or eligible 13
603	602		electronic device collected by a manufacturer e-scrap program is not considered 14
604	603		hazardous waste, household waste, solid waste, or special waste. 15
605	604		Sec. 46.06.290. Definitions. In AS 46.06.200 - 46.06.290, 16
606	605		(1) "best practices" means standards for collecting and preparing 17
607	606		covered electronic devices for shipment and recycling markets, including packaging, 18
608	607		transport, load size, acceptable load contamination levels, and noncovered electronic 19
609	608		devices included in a load; 20
610	609		(2) "collector" means a person who collects covered electronic devices 21
611	610		at any program collection site or single-day collection event and prepares the devices 22
612	611		for transport; 23
613	612		(3) "community" means 24
614	613		(A) an incorporated city; 25
615	614		(B) a unified municipality; 26
616	615		(C) an incorporated borough; or 27
617	616		(D) a place in the unorganized borough in which 15 or more 28
618	617		individuals reside as a social unit; 29
619	618		(4) "computer" means a desktop computer, notebook computer, or 30
620		-	tablet computer; "computer" does not include an automated typewriter, printer, mobile 31 34-LS0220\I
621		-	~~SB0061B~~ -19- ~~CSSB~~ 61~~(RES)~~
	619	+	tablet computer; "computer" does not include an automated typewriter, printer, mobile 31 34-LS0220\A
	620	+	SB0061A -19- SB 61
622	621		New Text Underlined [DELETED TEXT BRACKETED]
623	622
624	623		telephone, hand-held calculator, battery-operated portable digital music player, 1
625	624		computer keyboard, computer mouse, or associated cables; 2
626	625		(5) "computer monitor" means an electronic device that contains a 3
627	626		cathode-ray tube or flat panel screen greater than four inches in size when measured 4
628	627		diagonally and is intended to display information from a computer; 5
629	628		(6) "council" means the electronics recycling advisory council; 6
630	629		(7) "covered electronic device" means a computer, small-scale server, 7
631	630		computer monitor, television, printer, facsimile machine, scanner, battery-operated 8
632	631		portable digital music player with memory capability, digital video disc player, digital 9
633		-	video disc recorder, videocassette recorder, video game console, ~~digital converter box~~, 10
634		-	cable receiver, satellite receiver, computer keyboard, computer ~~mouse, or associated~~ 11
635		-	cables sold at retail; 12
	632	+	video disc recorder, videocassette recorder, video game console, microwave oven, 10
	633	+	digital converter box, cable receiver, satellite receiver, computer keyboard, computer 11
	634	+	mouse, or associated cables sold at retail; 12
636	635		(8) "covered electronic device category" means the following 13
637	636		categories of covered electronic devices: 14
638	637		(A) computers and small-scale servers; 15
639	638		(B) computer monitors; 16
640	639		(C) televisions; 17
641	640		(D) printers, facsimile machines, and scanners; 18
642	641		(E) digital video disc players, digital video disc recorders, and 19
643	642		videocassette recorders; 20
644	643		(F) video game consoles; 21
645		-	(G) ~~digital converter boxes, cable receivers, and satellite~~ 22
646		-	receivers; and 23
647		-	~~(H) battery-operated portable digital music players, computer~~ 24
648		-	~~keyboards~~, computer ~~mice, and cables;~~ 25
649		-	~~(9) "covered entity" means any household~~, ~~nonprofit~~, ~~educational~~ 26
650		-	~~institution~~, ~~community~~, ~~or small business located in the state;~~ 27
651		-	~~(10) "desktop~~ ~~computer" means a computer that is controlled by a~~ 28
652		-	~~stand-alone~~ computer ~~keyboard, stand-alone~~ ~~computer mouse or other pointing device,~~ 29
653		-	computer ~~monitor~~ or other ~~display unit~~, ~~and that has a main unit that is not designed~~ 30
654		-	~~for portability~~ and ~~is intended to be persistently located in~~ a ~~single location;~~ 31 34-LS0220\I
655		-	~~CSSB~~ 61~~(RES)~~ -20- ~~SB0061B~~
	644	+	(G) microwave ovens; 22
	645	+	(H) digital converter boxes, cable receivers, and satellite 23
	646	+	receivers; and 24
	647	+	(I) battery-operated portable digital music players, computer 25
	648	+	keyboards, computer mice, and cables; 26
	649	+	(9) "covered entity" means any household, nonprofit, educational 27
	650	+	institution, community, or small business located in the state; 28
	651	+	(10) "desktop computer" means a computer that is controlled by a 29
	652	+	stand-alone computer keyboard, stand-alone computer mouse or other pointing device, 30
	653	+	computer monitor or other display unit, and that has a main unit that is not designed 31 34-LS0220\A
	654	+	SB 61 -20- SB0061A
656	655		New Text Underlined [DELETED TEXT BRACKETED]
657	656
658		-	~~(11) "educational~~ ~~institution" means~~ 1
659		-	(A) ~~a public or private~~ institution ~~located in the state for grades~~ 2
660		-	~~kindergarten through 12;~~ or 3
661		-	~~(B) a nonprofit institution located in the state that provides~~ 4
662		-	~~postsecondary or vocational education;~~ 5
663		-	~~(12) "electronics~~ ~~producer responsibility organization" means an entity~~ 6
664		-	~~that prepares and submits a manufacturer e-scrap~~ ~~program plan to the department and~~ 7
665		-	~~oversees an~~ e-scrap program ~~on behalf of two or more manufacturers cooperating with~~ 8
666		-	~~each other to collectively establish and operate~~ an e-scrap program ~~for the purpose~~ of 9
667		-	~~complying with AS 46.06.200 - 46.06.290;~~ 10
668		-	~~(13) "eligible~~ ~~electronic device"~~ ~~means any mobile telephone that is~~ 11
669		-	~~taken out of service in the state~~, ~~regardless of purchase location;~~ 12
670		-	~~(14) "household" means a single detached dwelling unit~~ or a ~~single~~ 13
671		-	~~unit~~ of ~~a multiple dwelling unit and appurtenant structures~~; 14
672		-	(15) "~~manufacturer~~" means a ~~person~~ or ~~successor in interest to~~ a ~~person~~ 15
673		-	~~under whose brand or label~~ a ~~covered electronic device is sold at retail~~; ~~if a covered~~ 16
674		-	~~electronic device is sold at retail under~~ a ~~brand~~ or ~~label that is licensed from~~ a person 17
675		-	~~who is the owner of the~~ brand or label ~~but does not sell or produce the~~ device~~, or~~ if a 18
676		-	~~covered~~ electronic device is sold at retail under ~~the~~ brand or label ~~of both the retail~~ 19
677		-	~~seller and~~ the ~~person that produced~~ the device, ~~the person that produced the device or~~ 20
678		-	~~that person's successor in interest,~~ is the ~~manufacturer;~~ 21
679		-	~~(16) "manufacturer~~ ~~e-scrap program"~~ ~~means any program established,~~ 22
680		-	~~financed~~, ~~and operated by a~~ manufacturer~~, individually or as part of an electronics~~ 23
681		-	~~producer responsibility organization~~, ~~to collect, transport, and otherwise prepare for~~ 24
682		-	~~recycling covered electronic devices~~ and ~~eligible electronic devices collected at~~ 25
683		-	~~program sites~~ and ~~single-day collection events in accordance with the requirements of~~ 26
684		-	~~AS 46.06.200 - 46.06.290;~~ 27
685		-	~~(17) "market~~ ~~share" means a manufacturer's percentage~~ of ~~all covered~~ 28
686		-	~~electronic devices by weight sold within a covered electronic device category during a~~ 29
687		-	~~specified period;~~ 30
688		-	~~(18) "notebook~~ ~~computer" means~~ a ~~computer that is controlled by~~ a 31 34-LS0220\I
689		-	~~SB0061B~~ -21- ~~CSSB~~ 61~~(RES)~~
	657	+	for portability and is intended to be persistently located in a single location; 1
	658	+	(11) "educational institution" means 2
	659	+	(A) a public or private institution located in the state for grades 3
	660	+	kindergarten through 12; or 4
	661	+	(B) a nonprofit institution located in the state that provides 5
	662	+	postsecondary or vocational education; 6
	663	+	(12) "electronics producer responsibility organization" means an entity 7
	664	+	that prepares and submits a manufacturer e-scrap program plan to the department and 8
	665	+	oversees an e-scrap program on behalf of two or more manufacturers cooperating with 9
	666	+	each other to collectively establish and operate an e-scrap program for the purpose of 10
	667	+	complying with AS 46.06.200 - 46.06.290; 11
	668	+	(13) "eligible electronic device" means any mobile telephone, battery-12
	669	+	containing electronic, or electronic device that meets the criteria in AS 46.06.280(a)(2) 13
	670	+	that is taken out of service in the state, regardless of purchase location; 14
	671	+	(14) "household" means a single detached dwelling unit or a single 15
	672	+	unit of a multiple dwelling unit and appurtenant structures; 16
	673	+	(15) "manufacturer" means a person or successor in interest to a person 17
	674	+	under whose brand or label a covered electronic device is sold at retail; if a covered 18
	675	+	electronic device is sold at retail under a brand or label that is licensed from a person 19
	676	+	who is the owner of the brand or label but does not sell or produce the device, or if a 20
	677	+	covered electronic device is sold at retail under the brand or label of both the retail 21
	678	+	seller and the person that produced the device, the person that produced the device or 22
	679	+	that person's successor in interest, is the manufacturer; 23
	680	+	(16) "manufacturer e-scrap program" means any program established, 24
	681	+	financed, and operated by a manufacturer, individually or as part of an electronics 25
	682	+	producer responsibility organization, to collect, transport, and otherwise prepare for 26
	683	+	recycling covered electronic devices and eligible electronic devices collected at 27
	684	+	program sites and single-day collection events in accordance with the requirements of 28
	685	+	AS 46.06.200 - 46.06.290; 29
	686	+	(17) "market share" means a manufacturer's percentage of all covered 30
	687	+	electronic devices by weight sold within a covered electronic device category during a 31 34-LS0220\A
	688	+	SB0061A -21- SB 61
690	689		New Text Underlined [DELETED TEXT BRACKETED]
691	690
692		-	computer keyboard, trackpad or other pointing device, and video display greater than 1
693		-	four inches in size when measured diagonally that are all contained within the 2
694		-	construction of the unit; 3
695		-	(19) "participating manufacturer" means a manufacturer that an 4
696		-	electronics producer responsibility organization has listed under AS 46.06.210(a)(1) as 5
697		-	a participant in the electronics producer responsibility organization for a calendar year; 6
698		-	(20) "person" means an individual, partnership, co-partnership, firm, 7
699		-	company, limited liability company, corporation, association, joint stock company, 8
700		-	trust, estate, political subdivision, state agency, unit of local government, or any other 9
701		-	legal entity, including a trustee, agent, assignee, or similar legal representative; 10
702		-	(21) "printer" means a desktop printer, multifunction printer copier, 11
703		-	printer and facsimile combination, or an all-in-one device that performs a combination 12
704		-	of printing, copying, scanning, and related tasks, that is designed to reside on a work 13
705		-	surface; "printer" does not include a floor-standing printer, a printer with optional 14
706		-	floor stand, a point-of-sale receipt printer, a calculator with printing capabilities, or a 15
707		-	label maker; 16
708		-	(22) "program collection site" means a physical location that is 17
709		-	included in a manufacturer e-scrap program and at which covered electronic devices 18
710		-	are collected and prepared for transport by a collector during a calendar year; 19
711		-	(23) "recycler" means any person who transports or later recycles 20
712		-	covered electronic devices that have been collected and prepared for transport by a 21
713		-	collector at any program collection site or single-day collection event; 22
714		-	(24) "recycling" means any process by which covered electronic 23
715		-	devices that would otherwise be disposed of or discarded are collected, separated, or 24
716		-	processed and returned to the economic mainstream in the form of raw materials or 25
717		-	products; 26
718		-	(25) "retail collection site" means a private sector collection site 27
719		-	operated by a retailer collecting on behalf of a manufacturer; 28
720		-	(26) "retailer" means a person who first sells, through a sales outlet, 29
721		-	catalog, or Internet website, a covered electronic device at a retail or permanent 30
722		-	establishment where covered electronic devices are displayed, held, stored, or offered 31 34-LS0220\I
723		-	CSSB 61(RES) -22- SB0061B
	691	+	specified period; 1
	692	+	(18) "notebook computer" means a computer that is controlled by a 2
	693	+	computer keyboard, trackpad or other pointing device, and video display greater than 3
	694	+	four inches in size when measured diagonally that are all contained within the 4
	695	+	construction of the unit; 5
	696	+	(19) "participating manufacturer" means a manufacturer that an 6
	697	+	electronics producer responsibility organization has listed under AS 46.06.210(a)(1) as 7
	698	+	a participant in the electronics producer responsibility organization for a calendar year; 8
	699	+	(20) "person" means an individual, partnership, co-partnership, firm, 9
	700	+	company, limited liability company, corporation, association, joint stock company, 10
	701	+	trust, estate, political subdivision, state agency, unit of local government, or any other 11
	702	+	legal entity, including a trustee, agent, assignee, or similar legal representative; 12
	703	+	(21) "printer" means a desktop printer, multifunction printer copier, 13
	704	+	printer and facsimile combination, or an all-in-one device that performs a combination 14
	705	+	of printing, copying, scanning, and related tasks, that is designed to reside on a work 15
	706	+	surface; "printer" does not include a floor-standing printer, a printer with optional 16
	707	+	floor stand, a point-of-sale receipt printer, a calculator with printing capabilities, or a 17
	708	+	label maker; 18
	709	+	(22) "program collection site" means a physical location that is 19
	710	+	included in a manufacturer e-scrap program and at which covered electronic devices 20
	711	+	are collected and prepared for transport by a collector during a calendar year; 21
	712	+	(23) "recycler" means any person who transports or later recycles 22
	713	+	covered electronic devices that have been collected and prepared for transport by a 23
	714	+	collector at any program collection site or single-day collection event; 24
	715	+	(24) "recycling" means any process by which covered electronic 25
	716	+	devices that would otherwise be disposed of or discarded are collected, separated, or 26
	717	+	processed and returned to the economic mainstream in the form of raw materials or 27
	718	+	products; 28
	719	+	(25) "retail collection site" means a private sector collection site 29
	720	+	operated by a retailer collecting on behalf of a manufacturer; 30
	721	+	(26) "retailer" means a person who first sells, through a sales outlet,
	722	+	31 34-LS0220\A
	723	+	SB 61 -22- SB0061A
724	724		New Text Underlined [DELETED TEXT BRACKETED]
725	725
726		-	~~for sale to the public;~~ 1
727		-	~~(27) "sale" means any retail transfer of title for consideration,~~ 2
728		-	~~including transactions conducted through sales outlets, catalogs, or an Internet website~~ 3
729		-	~~or by any similar means;~~ "sale" ~~does not include financing or leasing;~~ 4
730		-	~~(28) "single-day collection event"~~ ~~means a single-day~~ ~~event used as a~~ 5
731		-	~~substitute for a program collection site~~; 6
732		-	(29) "~~small business~~" means a ~~business operating in the state that~~ 7
733		-	~~employs fewer than 50 people~~; 8
734		-	(30) "small~~-scale server~~" means a ~~computer~~ that ~~typically uses desktop~~ 9
735		-	~~components in a desktop form designed primarily to serve as a storage host for other~~ 10
736		-	~~computers and~~ that ~~is designed in a pedestal, tower, or other form similar to that of a~~ 11
737		-	desktop ~~computer so all data processing,~~ storage~~, and network interfacing is contained~~ 12
738		-	~~within one box~~ or ~~product; designed~~ to ~~be operational 24 hours a day and 7 days~~ a 13
739		-	~~week; designed to have very little unscheduled downtime~~, ~~including on the order of~~ 14
740		-	~~hours each year~~; ~~capable of operating in~~ a ~~simultaneous multi-user~~ ~~environment~~ 15
741		-	~~serving several users through networked client units~~; ~~and~~ designed ~~for an industry-~~16
742		-	~~accepted~~ operating ~~system for home or low-end server applications;~~ 17
743		-	~~(31) "tablet~~ ~~computer" means a computer that is controlled by a touch~~ 18
744		-	~~screen and video display greater than six inches in size when measured diagonally that~~ 19
745		-	is ~~contained within the construction of the unit;~~ 20
746		-	~~(32) "television" means an electronic device~~ that ~~contains a cathode-~~21
747		-	~~ray tube or flat panel screen greater than four inches in size when measured diagonally~~ 22
748		-	~~and is intended to receive video programming through broadcast,~~ ~~cable, satellite,~~ 23
749		-	~~Internet connection,~~ or ~~other method of video transmission or that is intended to~~ 24
750		-	receive video ~~from surveillance cameras or other similar equipment.~~ 25
751		-	~~Article 3.~~ ~~General Provisions.~~ 26
752		-	~~Sec~~. ~~46.06.990. Definitions. In this chapter,~~ 27
753		-	~~(1) "commissioner" means the commissioner of environmental~~ 28
754		-	~~conservation;~~ 29
755		-	(2) "~~department~~" means the ~~Department~~ of Environmental 30
756		-	Conservation. 31 34-LS0220\I
757		-	~~SB0061B~~ -23- ~~CSSB~~ 61~~(RES)~~
	726	+	catalog, or Internet website, a covered electronic device at a retail or permanent 1
	727	+	establishment where covered electronic devices are displayed, held, stored, or offered 2
	728	+	for sale to the public; 3
	729	+	(27) "sale" means any retail transfer of title for consideration, 4
	730	+	including transactions conducted through sales outlets, catalogs, or an Internet website 5
	731	+	or by any similar means; "sale" does not include financing or leasing; 6
	732	+	(28) "single-day collection event" means a single-day event used as a 7
	733	+	substitute for a program collection site; 8
	734	+	(29) "small business" means a business operating in the state that 9
	735	+	employs fewer than 50 people; 10
	736	+	(30) "small-scale server" means a computer that typically uses desktop 11
	737	+	components in a desktop form designed primarily to serve as a storage host for other 12
	738	+	computers and that is designed in a pedestal, tower, or other form similar to that of a 13
	739	+	desktop computer so all data processing, storage, and network interfacing is contained 14
	740	+	within one box or product; designed to be operational 24 hours a day and 7 days a 15
	741	+	week; designed to have very little unscheduled downtime, including on the order of 16
	742	+	hours each year; capable of operating in a simultaneous multi-user environment 17
	743	+	serving several users through networked client units; and designed for an industry-18
	744	+	accepted operating system for home or low-end server applications; 19
	745	+	(31) "tablet computer" means a computer that is controlled by a touch 20
	746	+	screen and video display greater than six inches in size when measured diagonally that 21
	747	+	is contained within the construction of the unit; 22
	748	+	(32) "television" means an electronic device that contains a cathode-23
	749	+	ray tube or flat panel screen greater than four inches in size when measured diagonally 24
	750	+	and is intended to receive video programming through broadcast, cable, satellite, 25
	751	+	Internet connection, or other method of video transmission or that is intended to 26
	752	+	receive video from surveillance cameras or other similar equipment. 27
	753	+	Article 3. General Provisions. 28
	754	+	Sec. 46.06.990. Definitions. In this chapter, 29
	755	+	(1) "commissioner" means the commissioner of environmental 30
	756	+	conservation; 31 34-LS0220\A
	757	+	SB0061A -23- SB 61
758	758		New Text Underlined [DELETED TEXT BRACKETED]
759	759
760		-	* Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 1
761		-	read: 2
762		-	TRANSITION. The commissioner of environmental conservation shall appoint 3
763		-	members of the electronics recycling advisory council under AS 46.06.270(b), added by sec. 9 4
764		-	of this Act, as soon as practicable. Notwithstanding AS 46.06.270(b), added by sec. 9 of this 5
765		-	Act, the commissioner shall appoint seven initial members of the electronics recycling 6
766		-	advisory council to serve four-year terms and the remaining six initial members to serve 7
767		-	three-year terms. Initial members may be appointed to subsequent two-year terms thereafter. 8
768		-	* Sec. 11. This Act takes effect immediately under AS 01.10.070(c). 9
	760	+	(2) "department" means the Department of Environmental 1
	761	+	Conservation. 2
	762	+	* Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 3
	763	+	read: 4
	764	+	TRANSITION. The commissioner of environmental conservation shall appoint 5
	765	+	members of the electronics recycling advisory council under AS 46.06.270(b), added by sec. 9 6
	766	+	of this Act, as soon as practicable. Notwithstanding AS 46.06.270(b), added by sec. 9 of this 7
	767	+	Act, the commissioner shall appoint seven initial members of the electronics recycling 8
	768	+	advisory council to serve four-year terms and the remaining six initial members to serve 9
	769	+	three-year terms. Initial members may be appointed to subsequent two-year terms thereafter. 10
	770	+	* Sec. 11. This Act takes effect immediately under AS 01.10.070(c). 11