This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0691a.ACR
DATE: 3/27/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 691 Recycling of Covered Electronic Devices
SPONSOR(S): Basabe and others
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1030
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Agriculture, Conservation & Resiliency
Subcommittee
16 Y, 0 N Gawin Moore
2) Agriculture & Natural Resources Appropriations
Subcommittee
3) Infrastructure Strategies Committee
SUMMARY ANALYSIS
Electronic products are made from valuable resources and materials, including metals, plastics, and glass, all
of which require energy to mine and manufacture. Recycling consumer electronics reduces the amount of raw
materials mined and energy used to produce new products, as well as the packaging used to transport them.
Florida has no laws or regulations that apply specifically to discarded electronic products. However, the
Department of Environmental Protection (DEP) has provided guidelines for the disposal of electronics based
on rules adopted by the Environmental Protection Agency.
The bill establishes the statewide Covered Electronic Device Recovery Program (Program) within DEP and
authorizes DEP to use funds from the Solid Waste Management Trust Fund to administer the Program. The
purpose of the Program is to create a statewide plan for the recycling of covered electronic devices.
By January 1, 2025, the bill requires each county to submit a plan to DEP for ensuring the county will
appropriately dispose of covered electronic devices at a permitted reclamation facility. Effective January 1,
2026, any person who owns or operates an industrial, institutional, or commercial facility in the state must
dispose of that facility’s covered electronic devices in a permitted reclamation facility. Effective January 1,
2028, the bill makes it unlawful for any person to dispose of covered electronic devices anywhere that is not a
permitted reclamation facility.
The bill specifies that a person who does not appropriately dispose of a covered electronic device is liable for
damages and subject to a civil penalty for each offense in the amount of up to $15,000 per offense. The
penalty may be waived if the person has previously taken appropriate corrective action to remedy the actual
damages, if any, caused by the unlawful act or rule violation.
The bill requires DEP to deposit any funds received through the Program into the Solid Waste Management
Trust Fund. Upon appropriation, DEP may use the funds to provide grants to local governments and other
public and private entities to develop and operate regional covered electronic device recycling programs and
for administrative costs and other authorized expenses necessary to carry out the Program.
The bill may have an indeterminate negative fiscal impact on the state and local governments.
STORAGE NAME: h0691a.ACR PAGE: 2
DATE: 3/27/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Recycling Electronic Devices
Electronic products are made from valuable resources and materials, including metals, plastics, and
glass, all of which require energy to mine and manufacture.
1
Recycling consumer electronics reduces
the amount of raw materials mined and energy used to produce new products, as well as the packaging
used to transport them.
2
According to a 2006 estimate by the United States Geological Survey (USGS), recycling one million
laptops saves the energy equivalent to the electricity used by more than 3,500 homes in a year.
3
In
addition, for every million cell phones recycled, 35,000 pounds of copper, 772 pounds of silver, 75
pounds of gold, and 33 pounds of palladium can be recovered.
4
These recovered materials can be
used in new products.
5
Some electronic devices contain cathode ray tubes (CRTs). CRT displays were widely used in
televisions and computer monitors before being replaced by flat panel displays.
6
While some CRT
displays are still in use today, very few new CRTs are being produced as electronics manufacturers
follow demand for flat panel displays. As consumers and businesses replace their CRT monitors and
televisions, electronics recyclers receive the discarded CRT products. Unfortunately, the market for
recycled CRT glass has become limited and costly, making CRT glass recycling a challenge to
electronic scrap recyclers. As a result, some electronics recyclers and many second-hand stores such
as Goodwill and the Salvation Army no longer accept CRT products.
7
Certified Electronics Recyclers
The Environmental Protection Agency (EPA) recommends using certified electronics recyclers to
manage unwanted used electronics.
8
Electronics recyclers can become certified by demonstrating to an
accredited, independent third-party auditor that they meet specific standards to safely recycle and
manage electronics. There are two accredited certification standards: the Responsible Recycling
Standard for Electronics Recyclers and the e-Stewards Standard for Responsible Recycling and Reuse
of Electronic Equipment. Both programs advance best management practices and provide a way to
assess the environmental, worker health and safety, and security practices of entities managing used
electronics. Once certified, continual oversight by the independent accredited certifying body holds the
recycler to the particular standard.
9
Rare-Earth Metals
Rare-earth metals are a set of 17 elements, including scandium, yttrium, and praseodymium. While
rare-earth metals are abundant in the earth’s crust, they appear in low concentrations in minerals and
1
Environmental Protection Agency (EPA), Electronics Donation and Recycling, https://www.epa.gov/recycle/electronics-donation-
and-recycling (last visited Mar. 23, 2023).
2
EPA, Secret Life of a Smart Phone, https://www.epa.gov/sites/default/files/2015-06/smartphone_infographic_700.jpg (last visited
Mar. 23, 2023).
3
Id.
4
Id.; USGS, Recycled Cell Phones – A Treasure Trove of Valuable Metals, available at https://pubs.usgs.gov/fs/2006/3097/fs2006-
3097.pdf. (last visited Mar. 23, 2023).
5
EPA, Secret Life of a Smart Phone, https://www.epa.gov/sites/default/files/2015-06/smartphone_infographic_700.jpg (last visited
Mar. 23, 2023).
6
DEP, Electronics Waste, https://floridadep.gov/waste/permitting-compliance-assistance/content/electronics-waste (last visited Mar.
23, 2023).
7
Id.
8
EPA, Certified Electronics Recyclers, https://www.epa.gov/smm-electronics/certified-electronics-recyclers (last visited Mar. 23,
2023).
9
Id. STORAGE NAME: h0691a.ACR PAGE: 3
DATE: 3/27/2023
are difficult to separate from other elements, which is what makes them rare.
10
These metals are valued
for their conductive and magnetic properties
11
and have a wide variety of applications, ranging from
magnets, lasers, GPS satellites, computer components, lighting, X-ray and MRI scanning systems, and
other electronics.
12
In addition to the electronics sector, the U.S. defense industry relies heavily on rare
earth elements to produce weapon guidance systems, jet engines, sonar devices, and laser weapons.
13
Rare-earth metals are mined by digging vast open pits in the ground, which can contaminate the
environment and disrupt ecosystems. When poorly regulated, mining can produce wastewater ponds
filled with acids, heavy metals and radioactive material that might leak into groundwater. Processing the
raw ore into a form useful to make magnets and other tech is a lengthy effort that takes large amounts
of water and potentially toxic chemicals, and produces voluminous waste.
14
Recycling rare-earth metals
is one alternative to mining. Adding recycled rare-earth metals as a new source to the supply chain is
expected to reduce environmental contamination and energy costs associated with their primary mining
and separations.
15
Though the cost of re-separation and purification may be a limitation on recycling
rare-earth metals,
16
some companies are already using this technology.
17
China is the largest producer of rare-earth metals, and accounted for 74 percent of the rare-earth
metals imported to the U.S. in 2021.
18
In 2022, the U.S. imported an estimated $200 million of rare-
earth compounds and metals, a 25 percent increase from 2021.
19
Electronic Waste Regulations and the CRT Rule
Florida has no laws or regulations that apply specifically to discarded electronic products. However, the
Department of Environmental Protection (DEP) has provided guidelines for the disposal of electronics.
20
These guidelines are based on the CRT rule
21
issued by the EPA in 2006 and adopted by DEP in
2008.
22
The CRT rule divides electronic products into two groups: products that contain a CRT, such as
televisions and computer monitors, and products that do not contain a CRT, such as desktop and
portable computers, flat panel televisions and computer monitors, and cellular phones.
23
Used CRTs
discarded by households are considered “household hazardous waste” and are exempt from hazardous
waste regulations.
24
The CRT Rule is intended to encourage recycling and reuse of CRTs and CRT
glass. The rule streamlines management requirements for recycling of used CRTs and glass removed
from CRTs by excluding these materials from hazardous waste regulation if certain conditions are
met.
25
10
Department of Energy (DOE), Rare Earth Elements, https://www.energy.gov/fecm/rare-earth-
elements#:~:text=Rare%20earth%20oxides%20of%20gadolinium,samarium%2C%20lanthanum%2C%20and%20neodymium. (last
visited Mar. 23, 2023).
11
USGS, The Rare-Earth Elements- Vital to Modern Technologies and Lifestyles, available at
https://pubs.usgs.gov/fs/2014/3078/pdf/fs2014-3078.pdf (last visited Mar. 23, 2023).
12
Id.
13
United States Government Accountability Office, Rare Earth Materials in the Defense Supply Chain, available at
https://www.gao.gov/assets/gao-10-617r.pdf (last visited Mar. 23, 2023).
14
Science News, Rare earth mining may be key to our renewable energy future. But at what cost?,
https://www.sciencenews.org/article/rare-earth-mining-renewable-energy-future (last visited Mar. 23, 2023).
15
DOE, Rare Earth Recycling, https://science.osti.gov/bes/Highlights/2017/BES-2017-03-c (Mar. 23, 2023).
16
Id.
17
See Apple, Product Environmental Report, https://www.apple.com/environment/pdf/products/iphone/iPhone_12_PER_Oct2020.pdf
(last visited Mar. 23, 2023).
18
United States Geological Survey (USGS), Mineral Commodity Summaries: Rare Earths, 1 (2023), available at
https://pubs.usgs.gov/periodicals/mcs2023/mcs2023-rare-earths.pdf. (last visited Mar. 23, 2023).
19
Id.
20
DEP, Electronics Waste, https://floridadep.gov/waste/permitting-compliance-assistance/content/electronics-waste (last visited Mar.
23, 2023).
21
40 CFR ss. 260, 261, and 271.
22
DEP, Electronics Waste, https://floridadep.gov/waste/permitting-compliance-assistance/content/electronics-waste (last visited Mar.
23, 2023).
23
Id.
24
40 CFR 261.4(b)(1). See also EPA, Frequent Questions About the Regulation of Used Cathode Ray Tubes (CRTs) and CRT Glass,
no. 18, https://www.epa.gov/hw/frequent-questions-about-regulation-used-cathode-ray-tubes-crts-and-crt-glass#2 (last visited Mar. 23,
2023).
25
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DATE: 3/27/2023
Effect of the Bill
The bill defines “covered electronic device” to mean a computer, portable computer, computer monitor,
or television, whether it has a cathode ray tube or flat panel based on any technology, with a screen
size greater than four inches measured diagonally. The term does not include an electronic device that
is:
A part of a motor vehicle or any component part of a motor vehicle assembled by or for a
vehicle manufacturer or franchised dealer, including but not limited to, replacement parts for use
in a motor vehicle;
Functionally or physically a part of a larger piece of equipment designed and intended for
industrial, commercial, or medical setting, including but not limited to, diagnostic, monitoring, or
control equipment;
Contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer,
microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, or
air purifier; or
A telephone of any type.
The bill defines “reclamation facility” to mean a site permitted by DEP where equipment is used to
handle, process, disassemble, dismantle, shred, recapture, or store recoverable materials.
The bill establishes the statewide Covered Electronic Device Recovery Program (Program) within DEP
and authorizes DEP to use funds from the Solid Waste Management Trust Fund to administer the
Program. The purpose of the Program is to create a statewide plan for the recycling of covered
electronic devices. When creating the statewide plan, the bill requires DEP to consider the following:
Existing collection and consolidation infrastructure for collecting covered electronic devices;
Convenience standards for each county or solid waste authority serving one or more counties;
County population statistics and data of residents; and
Administrative costs and other authorized expenses necessary to prevent the disposal of
covered electronic devices in landfills.
By January 1, 2025, the bill requires each county to submit a plan to DEP for ensuring the county will
appropriately dispose of covered electronic devices at a permitted reclamation facility. Effective January
1, 2026, any person who owns or operates an industrial, institutional, or commercial facility in the state
must dispose of that facility’s covered electronic devices in a permitted reclamation facility. Effective
January 1, 2028, the bill makes it unlawful for any person to dispose of covered electronic devices
anywhere that is not a permitted reclamation facility.
The bill specifies that a person who does not appropriately dispose of a covered electronic device is
liable for damages and subject to a civil penalty for each offense in an amount of up to $15,000 per
offense. The penalty may be waived if the person has previously taken appropriate corrective action to
remedy the actual damages, if any, caused by the unlawful act or rule violation.
The bill requires DEP to deposit any funds received through the Program into the Solid Waste
Management Trust Fund and to account for such funds separately within the trust. Upon appropriation,
DEP may use the funds to provide grants to local governments and other public and private entities to
develop and operate regional covered electronic device recycling programs and for administrative costs
and other authorized expenses necessary to carry out the Program.
By July 1, 2024, the bill requires DEP to adopt rules to implement the Program. The rules must include:
Criteria and procedures for obtaining a reclamation facility permit.
Standards for reclamation facilities and associated collection centers and standards for the
storage of covered electronic devices.
Requirements for the collection of data on the amounts of precious metals recovered through
the program.
B. SECTION DIRECTORY: STORAGE NAME: h0691a.ACR PAGE: 5
DATE: 3/27/2023
Section 1. Creates s. 403.71853, F.S., related to recycling of covered electronic devices.
Section 2. Provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The bill may have an indeterminate negative fiscal impact on DEP associated with creating and
implementing the Program.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
The bill may have an indeterminate negative fiscal impact on counties associated with developing
plans pursuant to the bill.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
The county/municipality mandates provision of Art. VII, s. 18 of the Florida Constitution may apply
because this bill may require counties to expend funds to develop plans to ensure the county will
appropriately dispose of covered electronic devices at a permitted reclamation facility; however, an
exemption may apply because the law would likely have an insignificant fiscal impact.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill requires DEP to adopt rules related to developing the Program.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
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DATE: 3/27/2023