The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Appropriations Committee on Agriculture, Environment, and General
Government
BILL: CS/SB 1030
INTRODUCER: Environment and Natural Resources Committee and Senator Trumbull
SUBJECT: Recycling of Covered Electronic Devices
DATE: April 17, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Barriero Rogers EN Fav/CS
2. Reagan Betta AEG Pre-meeting
3. AP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1030 creates the Statewide Covered Electronic Device Recovery Program within the
Department of Environmental Protection (DEP). The purpose of the program is to create a
statewide plan for the recycling of covered electronic devices, including:
Computers, computer monitors, and portable computers;
Printers, scanners, and fax machines;
Stereos and radios;
DVD players;
Telephones, including mobile phones;
Televisions;
Small household appliances; and
Computer peripherals.
The bill requires the DEP to consider the following when creating the statewide plan:
Existing collection and consolidation infrastructure for collecting covered electronic devices;
Convenience standards for each county or solid waste authority;
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.
REVISED: BILL: CS/SB 1030 Page 2
The bill provides that, by January 1, 2025, each county must submit to the DEP a plan 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 must dispose of that facility’s covered electronic devices in a
permitted reclamation facility. Effective January 1, 2028, it will be unlawful for any person to
dispose of covered electronic devices in this state except at a permitted reclamation facility. Any
person in violation of these requirements will be liable for damages and subject to civil penalties
pursuant to s. 403.141, F.S., which imposes a penalty of not more than $15,000 per offense.
In addition, the bill directs the DEP to adopt rules to implement the Statewide Covered
Electronic Device Recovery 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; and
Requirements for the collection of data on the amounts of precious metals recovered through
the program.
The DEP will incur indeterminate costs to develop the Statewide Covered Electronic Device
Recovery Program and rules to implement the program.
The effective date of the bill is July 1, 2023.
II. Present Situation:
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
1
Environmental Protection Agency (EPA), Electronics Donation and Recycling, https://www.epa.gov/recycle/electronics-
donation-and-recycling (last visited Mar. 7, 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. 7, 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.
5
EPA, Secret Life of a Smart Phone. BILL: CS/SB 1030 Page 3
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 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,
6
DEP, Electronics Waste, https://floridadep.gov/waste/permitting-compliance-assistance/content/electronics-waste (last
visited Mar. 7, 2023).
7
Id.
8
EPA, Certified Electronics Recyclers, https://www.epa.gov/smm-electronics/certified-electronics-recyclers (last visited
Mar. 7, 2023).
9
EPA, Certified Electronics Recyclers, https://www.epa.gov/smm-electronics/certified-electronics-recyclers (last visited
Mar. 7, 2023).
10
Harvard International Review, Not So “Green” Technology: The Complicated Legacy of Rare Earth Mining (2021),
https://hir.harvard.edu/not-so-green-technology-the-complicated-legacy-of-rare-earth-mining/ (last visited Mar. 8, 2023).
11
Felix K. Chang, Foreign Policy Research Institute, China’s Rare Earth Metals Consolidation and Market Power, (2022),
https://www.fpri.org/article/2022/03/chinas-rare-earth-metals-consolidation-and-market-power/. BILL: CS/SB 1030 Page 4
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
There are two primary methods for rare-earth mining, both of which release toxic chemicals into
the environment.
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
Additionally, a new domestic source of these metals would be a positive contribution to U.S.
technology at competitive prices.
16
Though the cost of re-separation and purification may be a
limitation on recycling rare-earth metals,
17
some companies are already using this technology.
18
For example, Apple’s iPhone 12 is made from 98 percent reused rare-earth metals.
19
Demand for rare-earth metals is projected to spike in coming years as governments,
organizations, and individuals increasingly invest in clean energy.
20
An electric car requires six
times the mineral inputs of a conventional car, and a wind plant requires nine times more
minerals than a gas-fired plant. With current estimates, demand for rare-earth metals could
increase six-fold by 2040.
21
China is the largest producer of rare-earth metals,
22
accounting for 85 percent of the global
supply in 2016.
23
China’s dominance in this market has raised concerns about the risk of supply
chain disruption if rare-earth metal exports from China slow or cease.
24
In 2022, the U.S.
imported an estimated $200 million of rare-earth compounds and metals, a 25 percent increase
from 2021.
25
The vast majority—74 percent—of these imports came from China.
26
12
Earth.org, How Rare-Earth Mining Has Devastated China’s Environment, (2020), https://earth.org/rare-earth-mining-has-
devastated-chinas-
environment/#:~:text=In%202018%2C%20China%20produced%20120%20000%20metric%20tons,as%20Inner%20Mongoli
a%20and%20as%20west%20as%20Sichuan; U.S. Senate Republican Policy Committee, Policy Papers: Protecting
America’s Supply of Rare Earth Elements, (2020), https://www.rpc.senate.gov/policy-papers/protecting-americas-supply-of-
rare-earth-elements (last visited Mar. 8, 2023).
13
Id.
14
Harvard International Review, Not So “Green” Technology: The Complicated Legacy of Rare Earth Mining.
15
U.S. Dep’t of Energy, Rare Earth Recycling (2017), https://www.energy.gov/science/bes/articles/rare-earth-recycling.
16
Id.
17
Id.
18
Harvard International Review, Not So “Green” Technology: The Complicated Legacy of Rare Earth Mining (2021),
https://hir.harvard.edu/not-so-green-technology-the-complicated-legacy-of-rare-earth-mining/ (last visited Mar. 8, 2023).
19
Id.
20
Id.
21
Id.
22
U.S. Senate Republican Policy Committee, Policy Papers: Protecting America’s Supply of Rare Earth Elements.
23
Harvard International Review, Not So “Green” Technology: The Complicated Legacy of Rare Earth Mining.
24
U.S. Senate Republican Policy Committee, Policy Papers: Protecting America’s Supply of Rare Earth Elements. For
example, China abruptly stopped exports of rare earth elements to Japan during a diplomatic clash in 2010 over the fate of a
Chinese fishing boat captain. Id.
25
United States Geological Survey (USGS), Mineral Commodity Summaries: Rare Earths, 1 (2023), available at
https://pubs.usgs.gov/periodicals/mcs2023/mcs2023-rare-earths.pdf.
26
Id. BILL: CS/SB 1030 Page 5
Electronic Waste Regulations and the CRT Rule
While Florida has no laws or regulations that apply specifically to discarded electronic products,
ch. 403, F.S., regulates the management of devices and lamps containing mercury.
27
Section 403.7186(2), F.S., prohibits the incineration or disposal of mercury-containing devices in
a landfill. Grants are available for local governments and other public and private entities to
develop and operate mercury recycling programs.
28
In addition, the DEP has provided guidelines for the disposal of electronics.
29
These guidelines
are based on the CRT rule
30
issued by the EPA in 2006 and adopted by the DEP in 2008.
31
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.
32
Used
CRTs discarded by households are considered “household hazardous waste” and are exempt
from hazardous waste regulations.
33
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.
34
III. Effect of Proposed Changes:
The bill contains whereas clauses stating the following:
China presents the broadest, most active and persistent cyber espionage threat to the United
States Government and private sector networks;
The technology products and services most vulnerable to malicious foreign exploitation are
sold by companies that the Chinese Government influences through whole or partial
ownership, direct funding, or members placed in high-ranking company positions; and
It is the intent of the Legislature to incentivize and provide the necessary infrastructure to
recycle electronic and technology products in the state in order to reduce our economic
reliance on such products made in China.
Section 1 establishes the Statewide Covered Electronic Device Recovery Program within the
DEP. The purpose of the program is to create a statewide plan for the recycling of covered
electronic devices. Covered electronic devices include:
Computers;
Computer monitors;
27
Section 403.7186, F.S.
28
Section 403.7186(5)(a), F.S.
29
DEP, Regulatory Guidelines for the Management of Unwanted Electronic Products, 1 (2008), available at
https://depedms.dep.state.fl.us/Oculus/servlet/shell?command=getEntity&[guid=2.403165.1]&[profile=DWM%20Historical
%20Repository].
30
40 CFR ss. 260, 261, and 271.
31
DEP, Regulatory Guidelines for the Management of Unwanted Electronic Products, 1.
32
Id.
33
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. 7, 2023).
34
Id. BILL: CS/SB 1030 Page 6
Portable computers;
Printers;
Fax machines;
Scanners;
Stereos and radios;
DVD players;
Telephones, including mobile phones;
Televisions;
Small household appliances, including, but not limited to, coffee pots, toasters, toaster ovens,
blenders, and microwaves; and
Computer peripherals, including, but not limited to, mice, keyboards, and speakers.
Covered electronic devices do not include a 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;
A part of a larger piece of equipment designed and intended for use in an industrial,
commercial, or medical setting, including, but not limited to, diagnostic, monitoring, or
control equipment; or
Contained within a clothes washer or dryer, refrigerator or freezer, microwave oven,
conventional oven, dishwasher, room air conditioner, dehumidifier, or air purifier.
The bill requires the DEP to consider the following when creating the statewide plan:
Existing collection and consolidation infrastructure for collecting covered electronic devices;
Convenience standards for each county or solid waste authority;
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.
The bill provides that, by January 1, 2025, each county must submit to the DEP a plan for
ensuring the county will appropriately dispose of covered electronic devices at a permitted
reclamation facility.
The bill also provides that, effective January 1, 2026, any person who owns or operates an
industrial, institutional, or commercial facility must dispose of that facility’s covered electronic
devices in a permitted reclamation facility. Effective January 1, 2028, it will be unlawful for any
person to dispose of covered electronic devices in this state except at a permitted reclamation
facility. Any person in violation of these requirements will be liable for damages and subject to
civil penalties pursuant to s. 403.141, F.S., which imposes a penalty of not more than $15,000
per offense.
The bill directs the DEP to adopt rules by July 1, 2024, to implement the Statewide Covered
Electronic Device Recovery 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; and BILL: CS/SB 1030 Page 7
Requirements for the collection of data on the amounts of precious metals recovered through
the program.
Section 2 provides an effective date of July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
The county/municipality mandates provision of Art. VII, s. 18(a) of the Florida
Constitution may apply to this bill because local governments may be required to expend
funds to develop plans to ensure the county will appropriately dispose of covered
electronic devices at a permitted reclamation facility. However, the law would have an
insignificant fiscal impact. Therefore, an exception from Art. VII, s. 18(a) of the Florida
Constitution likely applies.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
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. BILL: CS/SB 1030 Page 8
C. Government Sector Impact:
The DEP may incur costs to develop the Statewide Covered Electronic Device Recovery
Program and rules to implement the program. In addition, counties may incur costs to
develop plans to ensure the county will appropriately dispose of covered electronic
devices at a permitted reclamation facility. Local governments may also be required to
expend funds related to enforcing the civil penalties under with this bill.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates the section 403.71853 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Environment and Natural Resources on March 14, 2023:
Expanded the bill’s definition of “covered electronic device” to include telephones,
(including mobile phones) and the following additional devices:
Printers;
Fax machines;
Scanners;
Stereos;
DVD Players;
Radios;
Small household appliances, including, but not limited to, coffee pots, toasters, toaster
ovens, blenders, and microwaves; and
Computer peripherals, including, but not limited to, mice, keyboards, and speakers.
It also removed the requirement that a device’s screen size be greater than four inches to
be considered a covered electronic device.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.