SLS 12RS-451 ORIGINAL Page 1 of 4 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 SLS 12RS-451 ORIGINAL Page 2 of 4 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 SLS 12RS-451 ORIGINAL Page 3 of 4 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 SLS 12RS-451 ORIGINAL Page 4 of 4 Coding: Words which are struck through are deletions from existing law; 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)