Louisiana 2012 Regular Session

Louisiana Senate Bill SB450 Latest Draft

Bill / Introduced Version

                            SLS 12RS-451	ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 450
BY SENATOR WALSWORTH 
ENVIRONMENTAL CONTROL. Prohibits dumping of electronic waste such as
computers, televisions, cellular  phones and other electronic devices in landfills. (8/1/12)
AN ACT1
To enact R.S. 30:2193.1, relative to environmental quality; to prohibit the dumping of2
certain electronic waste items in landfills; to authorize the secretary of the3
Department of Environmental Quality to promulgate rules and regulations for the4
recycling of electronic wastes; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 30:2193.1 is hereby enacted to read as follows: 7
§2193.1.  Prohibition of electronic waste in landfills8
A. No person shall knowingly dispose of any of the following items in9
landfills: computers, peripherals, computer monitors, cathode ray tubes,10
television, printers, personal electronics such as personal digital assistants and11
personal music players, electronic game consoles, printers, fax machines,12
wireless telephones, cellular telephones, answering machines, videocassette13
recorders, digital versatile disc players, digital converter boxes, stereo14
equipment, and power supply cords such as those used to charge electronic15
devices.16
B. As used in this Section, the following terms shall have the meanings17 SB NO. 450
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
ascribed to them in this Subsection, unless the context clearly indicates1
otherwise:2
(1) "Cathode-ray tube" means a vacuum tube or picture tube used to3
convert an electronic signal into a visual image.4
(2) "Collection" means the aggregation of electronic waste from covered5
entities and includes all the activities up to the time the electronic waste is6
delivered to a recycler.7
(3)  "Computer" means an electronic, magnetic, optical, electrochemical,8
or other high-speed data processing device performing logical, arithmetic, or9
storage functions, including a laptop computer, desktop computer, and central10
processing unit. "Computer" does not include an automated typewriter or11
typesetter or other similar device.12
(4) "Computer peripheral" means a keyboard or any other device sold13
exclusively for external use with a computer that provides input or output into14
or from a computer.15
(5) "Covered electronic device" means a computer, computer monitor,16
device containing a cathode ray tube, printer, or television sold to a covered17
entity. "Covered electronic device" does not include:  any motor vehicle or any18
part thereof; a camera or video camera; a portable or stationary radio; a land-19
line telephone; a household appliance, such as a clothes washer, clothes dryer,20
water heater, refrigerator, freezer, microwave oven, oven, range, or dishwasher;21
equipment that is functionally or physically part of a larger piece of equipment22
intended for use in an industrial, research and development or commercial23
setting, security or anti-terrorism equipment, monitoring and control24
instruments or systems; thermostats; hand-held transceiver; a portable digital25
assistant or similar device; a calculator; a global positioning system receiver or26
similar navigation device, commercial medical equipment that contains a27
cathode ray tube device, a flat panel display, or similar video display that is not28
separate from the larger piece of equipment; or other medical devices, as the29 SB NO. 450
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
term "device" is defined under 21 U.S.C. §321(h) of the Federal Food, Drug,1
and Cosmetic Act.2
(6) "Electronic waste" means; computer, computer monitor, computer3
peripheral, device containing a cathode ray tube, printer, or television sold to4
a covered entity. "Electronic waste" does not include:  any motor vehicle or any5
part thereof; a camera or video camera; a portable or stationary radio; a land-6
line telephone; a household appliance, such as a clothes washer, clothes dryer,7
water heater, refrigerator, freezer; microwave oven, oven, range, or8
dishwasher; equipment that is functionally or physically part of a larger piece9
of equipment intended for use in an industrial, library, research and10
development, or commercial setting; security or antiterrorism equipment;11
monitoring and control instruments or systems; thermostats; handheld12
transceivers; a portable digital assistant or similar device; commercial medical13
equipment that contains a cathode ray tube, a cathode ray tube device, a flat14
panel display, or similar video display that is not separate from the larger piece15
of equipment; or other medical devices, as the term "device" is defined under16
21 U.S.C. §321(h) of the Federal Food, Drug, and Cosmetic Act.17
(7)  "Printer" means desktop printers, multifunction printer copiers, and18
printer fax combination taken out of service that are designed to reside on a19
work surface, and include various print technologies, including, without20
limitation, laser and LED electro graphics, ink jet, dot matrix, thermal and21
digital sublimation and "multi-function" or "all-in-one" devices that perform22
different tasks, including copying, scanning, faxing, and printing.  "Printer"23
does not include floor-standing printers, printers with an optional floor stand,24
point of sale receipt printers, household printers such as a calculator with25
printing capabilities or label makers, or nonstand-alone printers that are26
embedded into products that are not covered electronic devices.27
(8) "Television" means any telecommunications system or device28
containing a cathode ray tube or other type of display system with a viewable29 SB NO. 450
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words in boldface type and underscored are additions.
area of greater than four inches when measured diagonally that can broadcast1
or receive moving pictures and sound over a distance and includes a television2
tuner or a display device peripheral to a computer that contains a television3
tuner.4
(9) "Secretary" means the secretary of the Department of5
Environmental Quality.6
C. The secretary shall adopt a plan and promulgate standards for the7
collection and recycling of all electronic waste in the state.  The plan shall be8
adopted prior to March 10, 2014. The secretary shall promulgate rules and9
regulation in accordance with the Administrative Procedure Act to carry out10
the provisions of this Session.11
D. The secretary shall submit an annual report to the president of the12
Senate, the speaker of the House of Representatives, the Senate Committee on13
Environmental Quality, and to the House Committee on Natural Resources and14
Environment and appear before each committee during each regular session to15
present the report detailing the progress of the electronic waste program for the16
preceding year.17
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Heyward Jeffers.
DIGEST
Proposed law prohibits the knowingly disposal of certain electronic items into landfills.
Proposed law provides definitions.
Proposed law provides that the secretary adopt a plan and promulgate standards for the
collection and recycling of all electronic waste in the state. Further provides that the plan
be adopted prior to March 10, 2014.
Proposed law authorizes the secretary of DEQ to promulgate rules in accordance with the
APA.
Proposed law requires the secretary to submit an annual report to the legislature and to
appear before the environmental committee during session to present the report.
Effective August 1, 2012.
(Adds R.S. 30:2193.1)