Arizona 2025 Regular Session

Arizona Senate Bill SB1419 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: large electronics; recycling State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025 SB 1419 Introduced by Senators Kuby: Alston, Epstein, Hatathlie, Ortiz; Representatives Garcia, Sandoval An Act amending title 49, chapter 4, Arizona Revised Statutes, by adding article 12; relating to electronic devices. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: large electronics; recycling
10	10	State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
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12	12	Introduced by Senators Kuby: Alston, Epstein, Hatathlie, Ortiz; Representatives Garcia, Sandoval
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14	14	REFERENCE TITLE: large electronics; recycling
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44	44	Introduced by
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46	46	Senators Kuby: Alston, Epstein, Hatathlie, Ortiz; Representatives Garcia, Sandoval
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64	64	An Act
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68	68	amending title 49, chapter 4, Arizona Revised Statutes, by adding article 12; relating to electronic devices.
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78	78	Be it enacted by the Legislature of the State of Arizona: Section 1. Title 49, chapter 4, Arizona Revised Statutes, is amended by adding article 12, to read: ARTICLE 12. LARGE ELECTRONICS RECYCLING PROGRAM START_STATUTE49-892. Definitions In this article, unless the context otherwise requires: 1. "Collector" means an entity that collects covered electronic devices as part of a manufacturer program. 2. "Covered electronic device": (a) Means: (i) A computer monitor of any type that has a viewable area greater than four inches measured diagonally. (ii) A desktop computer or portable computer. (iii) A television of any type that has a viewable area greater than four inches measured diagonally. (b) Does not include: (i) Any part of a motor vehicle. (ii) Any part of a larger piece of equipment designed and intended for use in an industrial, commercial or medical setting, such as diagnostic, monitoring or control equipment. (iii) Telephones or personal digital assistants of any type unless the telephone or personal digital assistant contains a viewable area greater than four inches measured diagonally. (iv) Any part of a clothes washer, clothes dryer, refrigerator, freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier or air purifier. 3. "Covered entity" means any household or business. 4. "Household" means an occupant of a single detached dwelling unit or a single unit of a multiple dwelling unit located in this state who has used a covered electronic device at a dwelling unit primarily for personal use. 5. "Manufacturer": (a) Means any person that either: (i) Manufactures covered electronic devices under a brand that the person owns or is licensed to use. (ii) Sells covered electronic devices manufactured by others under a brand that the seller owns. (iii) Manufactures covered electronic devices without affixing a brand. (iv) Manufactures covered electronic devices to which the person affixes a brand that the person does not own. (v) Imports or causes to be imported into the United States covered electronic devices manufactured outside the United States. (b) Does not include: (i) A person with a license to manufacture covered electronic devices for delivery exclusively to or at the order of the licensor. (ii) A small business as defined in section 41-1001. 6. "Manufacturer program" means a statewide plan for collecting, transporting and recycling covered electronic devices that is provided by a manufacturer or manufacturers pursuant to section 49-892.02. 7. "Portable computer" means any of the following that has a viewable area greater than four inches measured diagonally and that can be carried as one unit by an individual: (a) A laptop computer. (b) A notebook computer. (c) A notepad computer. 8. "Recycling": (a) Means either of the following: (i) Processing through disassembling, dismantling, shredding, transforming or remanufacturing covered electronic devices, components and by-products into usable or marketable raw materials or products in a manner such that the original products may lose their identities. (ii) Smelting materials from components removed from covered electronic devices to recover metals for reuse in conformance with applicable laws and rules. (b) Does not include landfill disposal or incineration of covered electronic devices or energy recovery or energy generation by means of combusting covered electronic devices, components and by-products with or without other waste. 9. "Retailer" means a person that sells, rents or leases through sales outlets, catalogs or the internet covered electronic devices to a household and not for resale in any form. 10. "Sale" or "sell": (a) Means any transfer for consideration of title or of the right to use, by lease or sales contract, including transactions conducted through sales outlets, catalogs or the internet or any other similar electronic means either inside or outside of this state, by a person that conducts the transaction and controls delivery of a covered electronic device to a consumer in this state. (b) Does not include a manufacturer's or distributor's wholesale transaction with a distributor or retailer. END_STATUTE START_STATUTE49-892.01. Prohibition on sale; registration with department; fees A. Beginning January 1, 2026, a manufacturer or retailer may not sell or offer for sale any covered electronic device in or for delivery in this state unless both of the following apply: 1. The covered electronic device is labeled with a brand and the label is permanently affixed and readily visible. 2. The brand is included in the plan that is filed with the department pursuant to section 49-892.02. B. On or before January 1, 2026 and each year thereafter, a manufacturer of covered electronic devices sold or offered for sale in this state shall register with the department, for a period to cover the upcoming calendar year, on a form provided by the department. C. A manufacturer of covered electronic devices sold or offered for sale in this state shall pay to the department an annual registration fee determined by the department by rule. D. If a manufacturer ceases to manufacture, sell or import covered electronic devices and covered electronic devices manufactured, sold or imported by the manufacturer are collected for recycling under a manufacturer program, the manufacturer shall register with the department and pay a registration fee determined by the department by rule. E. A manufacturer that begins to sell or offer for sale covered electronic devices to households after January 1, 2026 and that has not filed a registration pursuant to this section shall submit a registration to the department within ten days after beginning to sell or offering for sale covered electronic devices to households. F. A manufacturer shall update its registration within ten days after a change in the manufacturer's brands of covered electronic devices sold or offered for sale to households. END_STATUTE START_STATUTE49-892.02. Manufacturer program; plan A. A manufacturer shall submit a plan to the department at the time of payment of the annual registration fee required under section 49-892.01. The manufacturer's plan must describe how the manufacturer will: 1. Finance, manage and conduct a statewide manufacturer program to collect covered electronic devices from covered entities in this state. 2. Provide for environmentally sound management practices to collect, transport and recycle covered electronic devices. 3. Provide for advertising and promotion of collection opportunities statewide and on a regular basis. 4. Include convenient service in every county in this state and at least one collection site for any city with a population of at least fifty thousand persons. Convenient service may include one or more periodic opportunities to drop off covered electronic devices at one or more locations. Convenient service does not require household pick up of covered electronic devices. A collection site for a county may be the same as a collection site for a city in the county. Collection sites shall be staffed and open to the public at a frequency adequate to meet the needs of the area being served. A manufacturer program may provide collection service jointly with another program. B. The plan must include information on how and where to return the manufacturer's covered electronic devices. The manufacturer: 1. Shall include collection, recycling and reuse information on the manufacturer's publicly available website. 2. Shall provide collection, recycling and reuse information to the department. 3. May include collection, recycling and reuse information in the packaging for or in other materials that accompany the manufacturer's covered electronic devices when the device is sold. C. Information regarding collection, recycling and reuse that is on a manufacturer's publicly available website does not constitute a determination by the department that the manufacturer's recovery plan or actual practices are in compliance with this article or any other law. D. A manufacturer shall: 1. Meet or exceed the requirements for collection sites described in subsection A of this section. 2. Provide for collection, transportation and recycling of covered electronic devices for covered entities free of charge, except that a manufacturer that provides premium service for a covered entity may charge for the additional cost of that premium service. Premium service may include pickup service at individually scheduled times and locations and may include minimum requirements for the quantity of covered electronic devices to be picked up. 3. Implement the plan required under this section. E. A group of manufacturers may choose to implement a manufacturer program as one entity. END_STATUTE START_STATUTE49-892.03. Prohibition on consumer fees; exception A. Except as authorized in subsection B of this section, a manufacturer program or a collector participating in a manufacturer program may not charge a fee to covered entities for the collection, transportation or recycling of covered electronic devices. B. A collector that provides a premium service to a covered entity may charge for the additional cost of providing the premium service. END_STATUTE START_STATUTE49-892.04. Duties of department; report; rules The department shall: 1. Maintain and make available on its website a list of registered manufacturers and their brands that identifies which manufacturers are in compliance with this article. The department shall update the list on or before the first day of each calendar quarter after July 1, 2026. 2. Review and approve manufacturer plans that comply with section 49-892.02 and that are submitted annually by manufacturers. 3. Advertise and promote collection opportunities statewide and on a regular basis. 4. Review each registration and notify the manufacturer of any information required by this section that is omitted from the registration. Within thirty days after receiving a notification from the department, the manufacturer shall submit a revised registration providing the information noted by the department. 5. Maintain and update the website registration information at least each calendar quarter. The website shall contain prominent language stating that the law requiring registration is directed at household equipment and the manufacturers' brands list is not a list of manufacturers that are qualified to sell to industrial, commercial or other markets that are identified as exempt from the requirements. 6. Maintain on its website information on collection opportunities for covered electronic devices, including collection site locations and hours. The information must be made available in a printable format for retailers. 7. Beginning December 31, 2026 and once every two years thereafter, compile information from manufacturers and issue a report to the legislature regarding the program established pursuant to this article. 8. Adopt rules as necessary to implement this article. END_STATUTE START_STATUTE49-892.05. Covered electronic devices fund A. The covered electronic devices fund is established. The director shall administer the fund. The fund consists of monies from the following sources: 1. Fees collected by the department pursuant to this article. 2. Gifts, grants and donations. 3. Legislative appropriations. 4. Until July 1, 2027, monies from the recycling fund established by section 49-837, except that not more than $500,000 from the recycling fund may be transferred to the covered electronic devices fund in any fiscal year. B. On notice from the department, the state treasurer shall invest and divest monies in the fund as provided in section 35-313, and monies earned from investment shall be credited to the fund. C. Monies in the fund are continuously appropriated to the department and may be used only to pay the costs of implementing and enforcing this article. D. Monies in the fund shall be used for the following purposes: 1. All reasonable and necessary costs to implement this article. 2. The reasonable and necessary costs of administering the fund. END_STATUTE START_STATUTE49-892.06. Enforcement A manufacturer or retailer that fails to comply with this article is subject to enforcement under article 5 of this chapter. END_STATUTE
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80	80	Be it enacted by the Legislature of the State of Arizona:
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82	82	Section 1. Title 49, chapter 4, Arizona Revised Statutes, is amended by adding article 12, to read:
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84	84	ARTICLE 12. LARGE ELECTRONICS RECYCLING PROGRAM
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86	86	START_STATUTE49-892. Definitions
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88	88	In this article, unless the context otherwise requires:
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90	90	1. "Collector" means an entity that collects covered electronic devices as part of a manufacturer program.
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92	92	2. "Covered electronic device":
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94	94	(a) Means:
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96	96	(i) A computer monitor of any type that has a viewable area greater than four inches measured diagonally.
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98	98	(ii) A desktop computer or portable computer.
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100	100	(iii) A television of any type that has a viewable area greater than four inches measured diagonally.
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102	102	(b) Does not include:
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104	104	(i) Any part of a motor vehicle.
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106	106	(ii) Any part of a larger piece of equipment designed and intended for use in an industrial, commercial or medical setting, such as diagnostic, monitoring or control equipment.
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108	108	(iii) Telephones or personal digital assistants of any type unless the telephone or personal digital assistant contains a viewable area greater than four inches measured diagonally.
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110	110	(iv) Any part of a clothes washer, clothes dryer, refrigerator, freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier or air purifier.
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112	112	3. "Covered entity" means any household or business.
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114	114	4. "Household" means an occupant of a single detached dwelling unit or a single unit of a multiple dwelling unit located in this state who has used a covered electronic device at a dwelling unit primarily for personal use.
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116	116	5. "Manufacturer":
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118	118	(a) Means any person that either:
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120	120	(i) Manufactures covered electronic devices under a brand that the person owns or is licensed to use.
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122	122	(ii) Sells covered electronic devices manufactured by others under a brand that the seller owns.
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124	124	(iii) Manufactures covered electronic devices without affixing a brand.
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126	126	(iv) Manufactures covered electronic devices to which the person affixes a brand that the person does not own.
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128	128	(v) Imports or causes to be imported into the United States covered electronic devices manufactured outside the United States.
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130	130	(b) Does not include:
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132	132	(i) A person with a license to manufacture covered electronic devices for delivery exclusively to or at the order of the licensor.
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134	134	(ii) A small business as defined in section 41-1001.
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136	136	6. "Manufacturer program" means a statewide plan for collecting, transporting and recycling covered electronic devices that is provided by a manufacturer or manufacturers pursuant to section 49-892.02.
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138	138	7. "Portable computer" means any of the following that has a viewable area greater than four inches measured diagonally and that can be carried as one unit by an individual:
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140	140	(a) A laptop computer.
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142	142	(b) A notebook computer.
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144	144	(c) A notepad computer.
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146	146	8. "Recycling":
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148	148	(a) Means either of the following:
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150	150	(i) Processing through disassembling, dismantling, shredding, transforming or remanufacturing covered electronic devices, components and by-products into usable or marketable raw materials or products in a manner such that the original products may lose their identities.
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152	152	(ii) Smelting materials from components removed from covered electronic devices to recover metals for reuse in conformance with applicable laws and rules.
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154	154	(b) Does not include landfill disposal or incineration of covered electronic devices or energy recovery or energy generation by means of combusting covered electronic devices, components and by-products with or without other waste.
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156	156	9. "Retailer" means a person that sells, rents or leases through sales outlets, catalogs or the internet covered electronic devices to a household and not for resale in any form.
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158	158	10. "Sale" or "sell":
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160	160	(a) Means any transfer for consideration of title or of the right to use, by lease or sales contract, including transactions conducted through sales outlets, catalogs or the internet or any other similar electronic means either inside or outside of this state, by a person that conducts the transaction and controls delivery of a covered electronic device to a consumer in this state.
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162	162	(b) Does not include a manufacturer's or distributor's wholesale transaction with a distributor or retailer. END_STATUTE
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164	164	START_STATUTE49-892.01. Prohibition on sale; registration with department; fees
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166	166	A. Beginning January 1, 2026, a manufacturer or retailer may not sell or offer for sale any covered electronic device in or for delivery in this state unless both of the following apply:
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168	168	1. The covered electronic device is labeled with a brand and the label is permanently affixed and readily visible.
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170	170	2. The brand is included in the plan that is filed with the department pursuant to section 49-892.02.
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172	172	B. On or before January 1, 2026 and each year thereafter, a manufacturer of covered electronic devices sold or offered for sale in this state shall register with the department, for a period to cover the upcoming calendar year, on a form provided by the department.
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174	174	C. A manufacturer of covered electronic devices sold or offered for sale in this state shall pay to the department an annual registration fee determined by the department by rule.
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176	176	D. If a manufacturer ceases to manufacture, sell or import covered electronic devices and covered electronic devices manufactured, sold or imported by the manufacturer are collected for recycling under a manufacturer program, the manufacturer shall register with the department and pay a registration fee determined by the department by rule.
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178	178	E. A manufacturer that begins to sell or offer for sale covered electronic devices to households after January 1, 2026 and that has not filed a registration pursuant to this section shall submit a registration to the department within ten days after beginning to sell or offering for sale covered electronic devices to households.
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180	180	F. A manufacturer shall update its registration within ten days after a change in the manufacturer's brands of covered electronic devices sold or offered for sale to households. END_STATUTE
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182	182	START_STATUTE49-892.02. Manufacturer program; plan
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184	184	A. A manufacturer shall submit a plan to the department at the time of payment of the annual registration fee required under section 49-892.01. The manufacturer's plan must describe how the manufacturer will:
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186	186	1. Finance, manage and conduct a statewide manufacturer program to collect covered electronic devices from covered entities in this state.
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188	188	2. Provide for environmentally sound management practices to collect, transport and recycle covered electronic devices.
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190	190	3. Provide for advertising and promotion of collection opportunities statewide and on a regular basis.
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192	192	4. Include convenient service in every county in this state and at least one collection site for any city with a population of at least fifty thousand persons. Convenient service may include one or more periodic opportunities to drop off covered electronic devices at one or more locations. Convenient service does not require household pick up of covered electronic devices. A collection site for a county may be the same as a collection site for a city in the county. Collection sites shall be staffed and open to the public at a frequency adequate to meet the needs of the area being served. A manufacturer program may provide collection service jointly with another program.
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194	194	B. The plan must include information on how and where to return the manufacturer's covered electronic devices. The manufacturer:
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196	196	1. Shall include collection, recycling and reuse information on the manufacturer's publicly available website.
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198	198	2. Shall provide collection, recycling and reuse information to the department.
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200	200	3. May include collection, recycling and reuse information in the packaging for or in other materials that accompany the manufacturer's covered electronic devices when the device is sold.
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202	202	C. Information regarding collection, recycling and reuse that is on a manufacturer's publicly available website does not constitute a determination by the department that the manufacturer's recovery plan or actual practices are in compliance with this article or any other law.
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204	204	D. A manufacturer shall:
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206	206	1. Meet or exceed the requirements for collection sites described in subsection A of this section.
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208	208	2. Provide for collection, transportation and recycling of covered electronic devices for covered entities free of charge, except that a manufacturer that provides premium service for a covered entity may charge for the additional cost of that premium service. Premium service may include pickup service at individually scheduled times and locations and may include minimum requirements for the quantity of covered electronic devices to be picked up.
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210	210	3. Implement the plan required under this section.
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212	212	E. A group of manufacturers may choose to implement a manufacturer program as one entity. END_STATUTE
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214	214	START_STATUTE49-892.03. Prohibition on consumer fees; exception
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216	216	A. Except as authorized in subsection B of this section, a manufacturer program or a collector participating in a manufacturer program may not charge a fee to covered entities for the collection, transportation or recycling of covered electronic devices.
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218	218	B. A collector that provides a premium service to a covered entity may charge for the additional cost of providing the premium service. END_STATUTE
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220	220	START_STATUTE49-892.04. Duties of department; report; rules
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222	222	The department shall:
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224	224	1. Maintain and make available on its website a list of registered manufacturers and their brands that identifies which manufacturers are in compliance with this article. The department shall update the list on or before the first day of each calendar quarter after July 1, 2026.
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226	226	2. Review and approve manufacturer plans that comply with section 49-892.02 and that are submitted annually by manufacturers.
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228	228	3. Advertise and promote collection opportunities statewide and on a regular basis.
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230	230	4. Review each registration and notify the manufacturer of any information required by this section that is omitted from the registration. Within thirty days after receiving a notification from the department, the manufacturer shall submit a revised registration providing the information noted by the department.
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232	232	5. Maintain and update the website registration information at least each calendar quarter. The website shall contain prominent language stating that the law requiring registration is directed at household equipment and the manufacturers' brands list is not a list of manufacturers that are qualified to sell to industrial, commercial or other markets that are identified as exempt from the requirements.
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234	234	6. Maintain on its website information on collection opportunities for covered electronic devices, including collection site locations and hours. The information must be made available in a printable format for retailers.
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236	236	7. Beginning December 31, 2026 and once every two years thereafter, compile information from manufacturers and issue a report to the legislature regarding the program established pursuant to this article.
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238	238	8. Adopt rules as necessary to implement this article. END_STATUTE
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240	240	START_STATUTE49-892.05. Covered electronic devices fund
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242	242	A. The covered electronic devices fund is established. The director shall administer the fund. The fund consists of monies from the following sources:
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244	244	1. Fees collected by the department pursuant to this article.
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246	246	2. Gifts, grants and donations.
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248	248	3. Legislative appropriations.
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250	250	4. Until July 1, 2027, monies from the recycling fund established by section 49-837, except that not more than $500,000 from the recycling fund may be transferred to the covered electronic devices fund in any fiscal year.
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252	252	B. On notice from the department, the state treasurer shall invest and divest monies in the fund as provided in section 35-313, and monies earned from investment shall be credited to the fund.
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254	254	C. Monies in the fund are continuously appropriated to the department and may be used only to pay the costs of implementing and enforcing this article.
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256	256	D. Monies in the fund shall be used for the following purposes:
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258	258	1. All reasonable and necessary costs to implement this article.
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260	260	2. The reasonable and necessary costs of administering the fund. END_STATUTE
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262	262	START_STATUTE49-892.06. Enforcement
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264	264	A manufacturer or retailer that fails to comply with this article is subject to enforcement under article 5 of this chapter. END_STATUTE