ELECTRONIC DEVICE RECYCLING

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CS FOR SENATE BILL NO. 61(RES)

IN THE LEGISLATURE OF THE STATE OF ALASKA

THIRTY-FOURTH LEGISLATURE - FIRST SESSION

BY THE SENATE RESOURCES COMMITTEE

Offered: 2/26/25
Referred: Finance

Sponsor(s): SENATOR TOBIN
A BILL

FOR AN ACT ENTITLED

"An Act relating to an electronic product stewardship program; relating to collection, 1
recycling, and disposal of electronic equipment; establishing t he electronics recycling 2
advisory council; and providing for an effective date." 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4
* Section 1. The uncodified law of the State o f Alaska is amended by adding a new section 5
to read: 6
LEGISLATIVE FINDINGS AND INTENT. The activities authorized by 7
AS 46.06.200 - 46.06.290, added by sec. 9 of this Act, require collaboration among 8
manufacturers, electronics producer responsibility organization s, and other entities that 9
perform activities directly related to manufacturer e-scrap pro grams. These activities will 10
enable collection, recycling, and disposal of covered electronic devices in a safe and effective 11
manner, which is in the best interest of the public. The benefi ts of collaboration, together with 12
the active state supervision provided by the Department of Environmental Conservation under 13
AS 46.06.200 - 46.06.290, outweigh potential adverse effects. T herefore, the legislature 14
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intends to provide immunity throu gh the state action doctrine f rom federal antitrust laws for 1
participating in manufacturer e-scrap programs as required by AS 46.06.200 - 46.06.290. 2
* Sec. 2. AS 45.50.572(b) is amended to read: 3
(b) AS 45.50.562 - 45.50.596 do not forbid actions or arrangements authorized 4
or regulated under the laws of the United States that exempt th ese actions or 5
arrangements from application of the antitrust laws of the Unit ed States or under the 6
following statutes of this state: 7
(1) AS 06.05.235 and 06.05.570; 8
(2) AS 10.15; [AND] 9
(3) AS 31.05.110; and 10
(4) AS 46.06.200 - 46.06.290. 11
* Sec. 3. AS 46.06.100 is amended to read: 12
Sec. 46.06.100. Notice to public. The penalties imposed for littering shall be 13
posted along the public highways of the state, at visitor cente rs, at entrances to state 14
parks and recreational areas, at public beaches, and at other publicly owned public 15
places the commissioner determines necessary to accomplish the purposes of 16
AS 46.06.010 - 46.06.150 [THIS CHAPTER]. The state agency or municipality 17
responsible for litter removal from a public place shall post t he notice required by this 18
section. 19
* Sec. 4. AS 46.06.110 is amended to read: 20
Sec. 46.06.110. Enforcement authority. (a) The following persons are 21
authorized to enforce the provisions of AS 46.06.010 - 46.06.150 [THIS CHAPTER]: 22
(1) a state employee authorized by the commissioner; and 23
(2) a peace officer. 24
(b) The department shall prescribe a citation form, which shal l be used by all 25
peace officers and persons in the state who are authorized to e nforce the provisions of 26
AS 46.06.010 - 46.06.150 [ T H I S C H A P T E R ] . T h e c i t a t i o n f o r m m u s t m e e t t h e 27
requirements of AS 12.25.175 - 12.25.230. 28
* Sec. 5. AS 46.06.120 is amended to read: 29
Sec. 46.06.120. Grants. The department may make grants to state agencies, to 30
municipalities, and to private org anizations including nonprofi t organizations for the 31
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establishment and operation of programs authorized under AS 46.06.010 - 46.06.150 1
[THIS CHAPTER]. A grant under this section may not exceed 18 mo nths. A program 2
qualifying for a grant under this section may include 3
(1) courses of instruction at, or the distribution of informat ive 4
materials to, elementary and secondary schools; 5
(2) purchase and erection of roadside signs; 6
(3) organization and operation of litter removal activities co nducted by 7
municipalities, private organizations or, service groups using volunteer help; 8
(4) a public information progra m to inform the public concerni ng the 9
reduction of litter using the media including use of the electronic media; 10
(5) expansion of existing, and planning, design, and construct ion of 11
new, facilities for the recovery of materials and energy from litter; 12
(6) research and evaluation of m arkets for the materials and e nergy 13
recovered from litter; 14
(7) advice and assistance, incl uding information and consultat ion on 15
available technology, operating procedures, organizational arra ngements, markets for 16
materials or energy obtained from litter, transportation altern atives, and publicity 17
techniques; 18
(8) surveys by public agencies or recognized research organiza tions to 19
assess the amount and composition of litter [,] and rates of littering; 20
(9) the purchase of litter receptacles; 21
(10) the creation or expansion of litter law enforcement programs; 22
(11) the initial purchase or lease of recycling equipment, the cost of 23
operating that equipment, and the cost of storing and transport ing materials before and 24
after those materials are recycled. 25
* Sec. 6. AS 46.06.130(a) is amended to read: 26
(a) The department shall adopt regulations under AS 44.62 (Adm inistrative 27
Procedure Act) that establish 28
(1) eligibility requirements for applicants for a grant under 29
AS 46.06.120; 30
(2) standards for the evaluation of proposals submitted by app licants 31
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for grants under AS 46.06.120; and 1
(3) other conditions for the receipt of a grant under AS 46.06 .120 that 2
are necessary to achieve the purposes of AS 46.06.010 - 46.06.150 [ T H I S 3
CHAPTER]. 4
* Sec. 7. AS 46.06.140 is amended to read: 5
Sec. 46.06.140. Federal requirements. I f a f e d e r a l d e p a r t m e n t o r a g e n c y 6
issues a formal ruling that a section of AS 46.06.010 - 46.06.150 [THIS CHAPTER] 7
will prevent the state from recei ving federal financial partici p a t i o n i n a p r o g r a m o r 8
activity established under AS 46.06.010 - 46.06.150 [ T H I S C H A P T E R ] , t h e s e c t i o n 9
does not apply to the extent that it causes the program or acti vity to lose federal 10
funding. 11
* Sec. 8. AS 46.06.150 is amended to read: 12
Sec. 46.06.150. Definitions. In AS 46.06.010 - 46.06.150 [THIS CHAPTER], 13
(1) "beverage container" means the individual, separate, seale d glass, 14
metal or plastic bottle, can, jar or carton containing beer or other malt beverages or 15
carbonated soft drinks, in liquid form; 16
(2) ["COMMISSIONER" MEANS THE COMMISSIONER OF 17
ENVIRONMENTAL CONSERVATION; 18
(3)] "degradable" means a characteristic of a material that al lows the 19
material to be broken down by biological, chemical, photochemical, or other physical 20
processes 21
(A) within two years upon exposure to natural elements; and 22
(B) to a particle size and chemical composition that may be 23
assimilated harmlessly and aesthetically into the environment w ithout 24
producing a residue or by-product determined by the department to be 25
hazardous; 26
(3) [(4) "DEPARTMENT" MEANS THE DEPARTMENT OF 27
ENVIRONMENTAL CONSERVATION; 28
(5)] "litter" means all waste material including disposable pa ckages or 29
containers disposed of in a manner prohibited by AS 46.06.080, but does not include 30
the wastes of the primary processes of mining or other extracti on process, logging, 31
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sawmilling, farming, or manufacturing; 1
(4) [(6)] "litter bag" means a bag, sack, or other container made of any 2
material that [WHICH] is large enough and suitable to serve as a receptacle for litter 3
inside a vehicle or vessel; 4
(5) [(7)] "public place" means public or private property that is used or 5
held out for use by the public, whether owned or operated by pu blic or private 6
interests, including [BUT NOT LI MI TED TO] hig hway s or other roads on [UPON] 7
which vehicles are moved, parks, campgrounds, trailer parks, dr ive-in and fast food 8
restaurants, gasoline service stations, marinas, boat launching areas, boat moorage and 9
fueling stations, public and private piers, beaches, bathing ar eas, school grounds, 10
sporting event sites with seating capacity for more than 200 sp ectators, business 11
district sidewalks, parking lots for taverns, shopping centers and grocery stores, and 12
other parking lots if they have a capacity for more than 50 vehicles; 13
(6) [(8)] "vehicle" means a mechanically driven device of any kind that 14
is used for the transportation of a person or property on a pub lic highway, trail, or 15
path; 16
(7) [(9)] "vessel" means all descriptions of watercraft used or ca pable 17
of being used as a means of transportation on the water. 18
* Sec. 9. AS 46.06 is amended by adding new sections to read: 19
Article 2. Electronic Product Stewardship Program. 20
Sec. 46.06.200. Manufacturer registration. (a) By June 30, 2028, and 21
annually thereafter, a manufacturer of covered electronic devices sold in the state shall 22
register with the department, for a period to cover the upcomin g calendar year, by 23
completing and submitting to the department the registration fo rm prescribed by the 24
department. The registration must include 25
(1) a list of all brands and la bels under which the manufactur er's 26
covered electronic devices are offered for sale in the state; 27
(2) the weight of all individua l covered electronic devices by covered 28
electronic device category sold or offered for sale under any o f the manufacturer's 29
brands or labels in the United States during the previous two c alendar years before the 30
applicable calendar year; and 31
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(3) any other information requi red by the department to implem ent 1
AS 46.06.200 - 46.06.290. 2
(b) If a manufacturer's covered electronic devices are sold or offered for sale 3
in the state during a calendar year under a brand that is not l isted in the manufacturer's 4
registration, the manufacturer sha ll amend the registration to add the brand within 30 5
days after the first sale or offer for sale under that brand. 6
(c) A manufacturer subject to this section shall pay the program administration 7
fee established under AS 46.06.230(e) to the department at the time of submission of 8
the manufacturer's registration under (a) of this section. 9
Sec. 46.06.210. Manufacturer e-scrap program plans; manufacture r and 10
electronics producer re sponsibility organization responsibilities. (a) Beginning in 11
2028, a manufacturer of covered electronic devices in the state shall submit a proposed 12
manufacturer e-scrap program plan to the electronics recycling advisory council by 13
March 31 for the upcoming calendar year. Upon receiving feedbac k from the council, 14
the manufacturer shall make any necessary changes based on the feedback and submit 15
a manufacturer e-scrap program plan to the department at the ti me of submission of 16
the manufacturer's registration under AS 46.06.200. A manufactu rer may satisfy the 17
requirements of this subsection through an electronics producer responsibility 18
organization. A manufacturer e-scrap program plan must include 19
(1) contact information for the manufacturer or electronics pr oducer 20
responsibility organization and a comprehensive list of all man ufacturers participating 21
in the plan for the upcoming calendar year and the contact info rmation for all 22
participants; 23
(2) a description of the transportation and recycling systems, service 24
providers, collectors, and processors used; 25
(3) a description of how the manufacturer or electronics produ cer 26
responsibility organization communicated with and sought input from local 27
governments and tribes operating electronics recycling programs; 28
(4) a description of how the manufacturer or electronics produ cer 29
responsibility organization will 30
(A) work with local governments and tribes as collectors; 31
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(B) seek to use businesses or organizations in the state, 1
including retailers, charities, processors, local organizations , local health care 2
facilities, and collection and transportation services; and 3
(C) provide fair financial comp ensation to collection sites fo r 4
services, including collecting, storing, managing, and transpor ting covered 5
electronic devices; 6
(5) the methods for the reasonably convenient collection of all types of 7
covered electronic devices in r ural and urban areas throughout the state, including the 8
quantity and locations of the pr ogram collection sites and sing le-day collection events 9
required under AS 46.06.220(a); 10
(6) a description of how the plan will provide service to all covered 11
entities in the state; 12
(7) the processes and methods used to recycle covered electron ic 13
devices and eligible electronic devices, including a descriptio n of the processing that 14
will be used and the facility location; 15
(8) a description of how covered electronic devices and eligib le 16
electronic devices that are suitable for reuse will be identified and diverted for reuse; 17
(9) documentation of audits of each processor used in the plan and 18
compliance with the plan's processing standards; 19
(10) a description of the accounting and reporting systems tha t will be 20
employed; 21
(11) a timeline that describes startup, implementation, and pr ogress 22
toward milestones with anticipated results; 23
(12) a description of the public information campaign that will be used 24
to inform covered entities, comm unities, and consumers about how to recycle covered 25
electronic devices at the end of the life of the product and ex amples of outreach 26
materials for the campaign; 27
(13) a description of how manufacturers participating in the p lan will 28
communicate and work with processors to promote and encourage design of electronic 29
products and components for recycling; and 30
(14) if two or more manufacturers are participating in an elec tronics 31
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producer responsibility organization, a certification that the methodology used to 1
allocate responsibility among par ticipating manufacturers will comply with (c) of this 2
section. 3
(b) If the department determines that a manufacturer e-scrap p rogram plan 4
fails to meet the requirements in this section, the manufacturer or electronics producer 5
responsibility organization shall submit an updated plan to the department within 30 6
days after the date of disapproval. 7
(c) A manufacturer shall assume financial responsibility for a ll costs 8
associated with implementing a manufacturer e-scrap program pla n after approval. An 9
electronics producer responsibility organization shall allocate a participating 10
manufacturer's financial responsibility by 11
(1) calculating the manufacturer's market share for each cover ed 12
electronic device category based on the total weight of all ind ividual covered 13
electronic devices sold or offered for sale in each category un der any of the 14
manufacturer's brands or labels i n the United States during the previous two calendar 15
years before the applicable calendar year; and 16
(2) adding the percentages calculated under (1) of this subsection. 17
(d) If a manufacturer e-scrap p rogram fails to provide collect ion site services 18
in each community as required under AS 46.06.220(a) or meet oth er plan 19
requirements, the manufacturer o r electronics producer responsi bility organization 20
shall submit a revised plan to the department within 60 days af ter the failure that 21
addresses how the manufacturer e-scrap program will be adjusted to meet the 22
requirements. 23
(e) A manufacturer or electronics producer responsibility orga nization shall 24
notify the department of any modification to the manufacturer e-scrap program plan. If 25
the department determines that the manufacturer or electronics producer responsibility 26
organization significantly modified the plan, the manufacturer or electronics producer 27
responsibility organization shall submit a revised plan that describes the modifications 28
within 60 days after the department's determination. 29
(f) Beginning in 2030, a manufacturer or electronics producer responsibility 30
organization with an approved ma nufacturer e-scrap program plan for the previous 31
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calendar year shall file an annua l report with the department o n or before March 31 1
that covers the previous calendar year. The annual report must include 2
(1) the collection services provided in each community, including a list 3
of all collection sites and services operating in the state in the previous calendar year 4
and who operated the sites; 5
(2) a list of processors used, including subcontractors that f urther 6
process or recycle covered electronic devices or electronic com ponents used, the 7
weight of covered electronic devices and eligible electronic de vices processed by each 8
processor, and a description of the processes and methods used to recycle the devices, 9
including a description of the processing and facility locations; 10
(3) an estimate of the weight of each type of material recover ed from 11
the processing of recycled collected devices; types of material recovered must include, 12
at a minimum, cathode ray tube glass, circuit boards, batteries , mercury-containing 13
devices, plastics, and metals; 14
(4) an estimate of the percentage, by weight, of all collected devices 15
that are reused, recycled, or become residual waste disposed of in another manner; 16
(5) the outreach efforts that were undertaken; 17
(6) a list of manufacturers that participated in the plan; 18
(7) a description of program revenue and costs, including the total cost 19
of the program and the average cost of the program per pound of covered electronic 20
devices and eligible electronic devices collected; 21
(8) a detailed accounting of the following costs of the program: 22
(A) program delivery, including 23
(i) education and promotional efforts; 24
(ii) collection; 25
(iii) transportation; and 26
(iv) processing and labor; and 27
(B) program administration; and 28
(9) a description of the methods used by the program to collec t, 29
transport, recycle, and process collected devices. 30
(g) To the extent feasible, manufacturers and electronics prod ucer 31
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responsibility organizations shall collaborate with electronic product retailers, utilities 1
furnishing solid waste material collection and disposal service s, recyclers, charities, 2
tribes, local governments, and ot her businesses in the state in the development and 3
implementation of the program plan. 4
Sec. 46.06.220. Collection site requi rements; collector respons ibilities. ( a ) 5
Beginning in 2029, a manufacturer or electronics producer respo nsibility organization 6
shall, at a minimum, operate program collection sites and colle ction events in the 7
following quantities during a calendar year depending on commun ity populations as 8
determined by the most recent decennial census conducted by the United States 9
Bureau of the Census: 10
(1) 15 collection sites in each community that has a populatio n of 11
250,000 or more, including at least five year-round collection sites; 12
(2) five year-round collection sites in each community that ha s a 13
population of at least 30,000 but less than 250,000; 14
(3) three year-round collection sites in each community that h as a 15
population of at least 15,000 but less than 30,000; 16
(4) two year-round collection sites in each community that has a 17
population of at least 10,000 but less than 15,000; 18
(5) one year-round collection s ite in each community that has a 19
population of at least 5,500 but less than 10,000; and 20
(6) one single-day collection event for each calendar year in each 21
community that has a population of less than 5,500. 22
(b) The council may approve a low er quantity of collection sit es or collection 23
events than required under (a) of this section for a community if a manufacturer or 24
electronics producer responsibilit y organization demonstrates t o the council that the 25
community has a safe, adequate, and easily accessible collectio n site in which to store 26
covered electronic devices throughout the interim periods between collection events. 27
(c) A community may enter into a written agreement with a manu facturer or 28
electronics producer responsibility organization to substitute a program collection site 29
required under (a) of this section with four or more single-day collection events in the 30
community. 31
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(d) A collector that operates a program collection site or sin gle-day collection 1
event during a calendar year sha ll, unless otherwise provided f or by an agreement 2
between the collector and the manufacturer or electronics produ cer responsibility 3
organization, 4
(1) accept all covered electronic devices delivered to the col lection site 5
or collection event during the calendar year; 6
(2) ensure that collected devices are sorted and loaded in com pliance 7
with federal, state, and local law, and with the best practices agreed to by the 8
electronics recycling advisory council for the calendar year; 9
(3) separate collected devices from other material; 10
(4) package collected devices in a structurally sound manner to prevent 11
breakage during transportation; and 12
(5) load collected devices onto pallets secured with plastic w rap or in 13
pallet-sized bulk containers before shipping. 14
(e) A collector shall sort collected devices into the following categories: 15
(1) computer monitors and tele visions containing a cathode-ray tube, 16
other than televisions with wooden exteriors; 17
(2) computer monitors and televisions containing a flat panel screen; 18
(3) all other covered televisions; 19
(4) computers; 20
(5) all other covered electronic devices and eligible electronic devices; 21
and 22
(6) any electronic device not p art of the manufacturer e-scrap program 23
that the collector has arranged to have picked up in addition t o covered electronic 24
devices and for which a financial arrangement has been made to cover the recycling 25
costs outside of the manufacturer e-scrap program. 26
(f) A manufacturer e-scrap program may use retail collection s ites to satisfy 27
some or all of the collection site obligations under this section. A retailer may serve as 28
a collector and a site may serve as a retail collection site only by agreement of 29
(1) the retailer; 30
(2) the operators of the manufacturer e-scrap program; and 31
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(3) the community in which the retailer or retail collection s ite is 1
located. 2
Sec. 46.06.230. Department responsibilities. (a) Within 60 days after 3
receiving a manufacturer e-scrap program plan, the department s hall review and 4
approve or disapprove the plan and provide written notification of the department's 5
decision, including the reasons for the approval or disapproval, to the designated point 6
of contact for the manufacturer or electronics producer respons ibility organization. 7
The department shall approve the plan if the department determi nes the plan satisfies 8
AS 46.06.210. 9
(b) Within 90 days after receiving an annual report from a man ufacturer or 10
electronics producer responsibility organization, the department shall review the report 11
and provide written notification to the designated point of contact for the manufacturer 12
or electronics producer responsibility organization of any need for additional 13
information or documentation or a ny deficiency identified by th e department in the 14
manufacturer e-scrap program. 15
(c) Every four years, beginning in 2029, the department shall conduct 16
(1) a study to determine whether the definition of "covered el ectronic 17
device" should be expanded to i nclude additional electronic pro ducts, such as those 18
from emerging technological waste streams; and 19
(2) a survey of household generation of e-scrap in the state t o evaluate 20
the waste stream and the effectiveness of manufacturer e-scrap programs. 21
(d) Every two years, beginning in 2031, the department shall e valuate the 22
manufacturer e-scrap program and report the results of the eval uation to the 23
legislature. 24
(e) The department shall adopt regulations to establish the amount and manner 25
of payment of a program administration fee for manufacturers an d electronics 26
producer responsibility organizations covered by AS 46.06.200 - 46.06.290. Fee levels 27
must be reasonably calculated to ensure that the total amount of fees collected from all 28
manufacturers and electronics producer responsibility organizat ions approximately 29
equals the costs to the departme nt for administering and enforc ing AS 46.06.200 - 30
46.06.290. The department shall review the fee amounts annually and reasonably 31
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calculate adjustments as necessary to ensure the total revenue collected from the fees 1
approximately equals t he department's costs in subsequent calen dar years. The 2
commissioner shall separately acc ount for the revenue from the fees received by the 3
department, and the revenue may b e appropriated by the legislat ure to the department 4
for the administration and enforcement of AS 46.06.200 - 46.06.290. 5
(f) The department shall publish on the department's Internet website 6
(1) best practices provided by the electronics recycling advis ory 7
council; 8
(2) a list of all registered manufacturers; 9
(3) approved manufacturer e-scrap program plans; and 10
(4) annual reports submitted to the department. 11
(g) The department shall keep confidential all proprietary inf ormation 12
submitted to the department by a manufacturer or electronics pr oducer responsibility 13
organization under AS 46.06.200 - 46.06.290. The department may release 14
information kept confidential unde r this section in summary or aggregated form that 15
does not directly or indirectly identify financial, production, or sales data of a covered 16
manufacturer or electronics producer responsibility organization. 17
(h) The department shall presen t regulations proposed to imple ment 18
AS 46.06.200 - 46.06.290 to the electronics recycling advisory council for review and 19
address feedback from the council before adoption. 20
Sec. 46.06.240. Outreach requirements. ( a ) A m a n u f a c t u r e r o r e l e c t r o n i c s 21
producer responsibility organization with an approved manufactu rer e-scrap program 22
plan shall inform covered entitie s and retailers about where an d how to reuse and 23
recycle covered electronic devices at the end of the product's life, including by 24
providing an Internet website or toll-free telephone number tha t provides information 25
about the recycling program in sufficient detail to educate cov ered entities on how to 26
return covered electronic devices for recycling. 27
(b) The department shall promote recycling of covered electronic devices by 28
(1) posting information that describes where to recycle unwant ed 29
covered electronic devices on the department's Internet website; and 30
(2) providing information about recycling covered electronic d evices 31
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though a toll-free telephone number. 1
(c) A community shall promote recycling of covered electronic devices, 2
including providing a list of lo cal collection sites and servic es through existing 3
communication methods typically used by the community. 4
(d) A retailer that sells a new covered electronic device to a covered entity 5
shall provide informati on to the entity that describes how to r ecycle the covered 6
electronic device and the locati ons for convenient collection o f the device. A retailer 7
may satisfy this requirement by providing the manufacturer e-sc rap program plan and 8
the plan's Internet website, or the department's toll-free tele phone number and website 9
to the covered entity or, if the retailer sells the device from the retailer's Internet 10
website, in a visible location on the website. 11
(e) Manufacturers, communities, retailers, collectors, and the department shall 12
collaborate in the development a nd implementation of the outrea ch requirements of 13
this section. 14
Sec. 46.06.250. Prohibited acts. (a) On or after January 1, 2029, a retailer who 15
first sells a covered electronic device to a covered entity may not sell or offer for sale a 16
covered electronic device in the state unless 17
(1) the device is labeled with a brand; 18
(2) the label is permanently af fixed to and readily visible on the 19
device; and 20
( 3 ) t h e m a n u f a c t u r e r o f t h e d e v i c e i s r e g i s t e r e d w i t h t h e d e p artment 21
when the retailer purchases the device; if a manufacturer is no t r e g i s t e r e d w i t h t h e 22
department when a retailer purch ases the device, the retailer s hall be considered in 23
compliance with this requirement if the manufacturer registers with the department 24
within 30 days after the retailer takes possession of the device. 25
(b) A manufacturer e-scrap program may not charge fees to cove red entities 26
when a covered electronic device or eligible electronic device is collected. 27
Sec. 46.06.260. Penalties and enforcement. (a) A person who knowingly 28
makes a materially false or fra udulent statement orally or in w riting to the department 29
in connection with the re quirements of AS 46.06.200 - 46.06.290 or a regulation 30
adopted under AS 46.06.200 - 46.06.290 is guilty of a class A m isdemeanor for a first 31
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conviction, a class C felony for a second conviction, and a class B felony for a third or 1
subsequent conviction. Each statement is a separate offense. 2
(b) A person who fails to register or pay the registration fee required under 3
AS 46.06.200 is liable to the state for a civil penalty of twice the registration fee. 4
(c) Except as otherwise provided in this section, a person who violates a 5
provision of AS 46.06.200 - 46.06.290 or a regulation adopted u nder AS 46.06.200 - 6
46.06.290 is liable to the state for a civil penalty of up to $ 250 for a first or second 7
violation and up to $10,000 for each subsequent violation. The amount of the penalty 8
shall be adjusted to the seriousness of the violation. 9
( d ) T h e a t t o r n e y g e n e r a l m a y b r i n g a c i v i l a c t i o n i n t h e s u p e rior court to 10
recover the amount of a civil pe nalty under this section or to obtain an injunction to 11
restrain violations of AS 46.06.200 - 46.06.290 or require acti ons that may be 12
necessary to address violations of AS 46.06.200 - 46.06.290. Pe nalties recovered 13
under this section shall be depos ited in the general fund and m ay be appropriated by 14
the legislature to the department for the administration and en forcement of 15
AS 46.06.200 - 46.06.290. 16
(e) An electronics producer responsibility organization may no t enforce 17
manufacturer compliance with the requirements of AS 46.06.200 - 46.06.290, but shall 18
refer potential manufacturer noncom pliance to the department af ter providing notice 19
of the potential noncompliance to the manufacturer. An electron ics producer 20
responsibility organization may de velop and implement policies and procedures that 21
exclude from participation in the organization a manufacturer t hat is found by the 22
department or a court of compete nt jurisdiction to have failed to comply with the 23
requirements of AS 46.06.200 - 46.06.290. 24
(f) The penalties and enforcement mechanisms in this section a re in addition 25
to relief provided under any other law. 26
Sec. 46.06.270. Electronics recycling advisory council. (a) The electronics 27
recycling advisory council is established in the department. 28
(b) The council consists of 13 members appointed by the commis sioner for 29
two-year terms as follows: 30
(1) two members of the public residing in different communitie s with 31
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at least one member residing in a community located off the int erconnected road 1
system; 2
(2) two members representing re cycling companies or incorporat ed 3
recycling centers; 4
(3) two members representing the electronic manufacturing or r etail 5
industry; 6
(4) one member representing a tribal or municipal government t hat 7
operates a recycling program in a rural community with a popula tion of less than 8
1,000; 9
( 5 ) t w o m e m b e r s , e a c h o f w h o m represents a municipal governmen t 10
that operates a recycling program in a community with a populat ion of 25,000 or 11
more; 12
(6) one member representing a statewide tribal organization that assists 13
tribes with recycling issues; 14
(7) one member representing the transportation industry; 15
(8) one member representing a waste collection company or prog ram; 16
and 17
(9) one member representing a job training or economic develop ment 18
organization or program. 19
(c) The council shall elect a chair from among its members to serve a two-year 20
term. The council shall meet at the call of the chair. The coun cil shall meet at least 21
quarterly until the initial round of manufacturer e-scrap progr am plans are approved 22
and then at least semiannually thereafter. 23
(d) A majority of the council members constitutes a quorum. The council shall 24
approve actions and re commendations by majority vote of the mem bers present and 25
provide an opportunity for minorit y reports. The council may ad opt bylaws and a 26
charter if desired to fulfill its duties under this section. 27
(e) A vacancy on the council shall be filled in the same manne r as the original 28
selection or appointment for the remainder of the current term. 29
(f) The department shall provide administrative support to the council as 30
needed. 31
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(g) Members of the council serv e without compensation but are entitled to per 1
diem and travel expenses authorized for boards and commissions under AS 39.20.180. 2
(h) The council may meet in person or electronically. 3
(i) The council shall 4
(1) review and comment on a proposed manufacturer e-scrap prog ram 5
plan before submission of the plan to the department; 6
(2) make recommendations to the department regarding the appro val 7
or disapproval of a manufacturer e-scrap program plan; 8
(3) make recommendations to the department regarding the need for 9
plan amendments or other requirements based on annual reports; 10
(4) review and comment on regulations proposed by the departme nt 11
under AS 46.06.230; and 12
(5) by November 1 of each year, beginning in 2027, provide to the 13
department a list of best practices for program collection site s and single-day 14
collection events under manufactu rer e-scrap program plans subm itted during the 15
following year; best practices must, to the extent practicable, preserve existing 16
collection programs and relationships. 17
Sec. 46.06.280. Exclusions. (a) The provisions of AS 46.06.200 - 46.06.290 do 18
not apply to an electronic device that is 19
(1) part of a motor vehicle or any component part of a motor v ehicle 20
assembled by or for a vehicle manufacturer or franchised dealer ship, including 21
replacement parts for use in a m otor vehicle; in this paragraph , "dealership," 22
"franchised," "manufacturer," a nd "motor vehicle" have the mean ings given in 23
AS 45.25.990; 24
(2) functionally or physically part of a larger piece of equip ment or 25
that is taken out of service fro m an industrial, commercial, re tail, library checkout, 26
traffic control, kiosk, nonhouse hold security, governmental, ag ricultural, or medical 27
setting, including diagnostic, monitoring, and control equipment; 28
(3) a device as defined in 21 U.S.C. 321(h)(1); or 29
(4) contained within a clothes washer, clothes dryer, refriger ator, 30
freezer, conventional oven, conve ntional range, dishwasher, roo m air conditioner, 31
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dehumidifier, water pump, sump pump, or air purifier. 1
(b) A manufacturer e-scrap program may collect an electronic d evice that 2
meets the criteria in (a)(2) of this section. Notwithstanding ( a) of this section, 3
AS 46.06.200 - 46.06.290 apply to any device collected under this subsection. 4
(c) AS 46.06.200 - 46.06.290 do not apply to a manufacturer th at assembles 5
and sells fewer than 1,000 units o f covered electronic devices annually in the state or 6
that primarily sells covered electronic devices that are substa ntially composed of 7
rebuilt, refurbished, or used components. 8
(d) Nothing in AS 46.06.200 - 46.06.290 prevents a manufacture r from 9
accepting, through a manufacturer e-scrap program, covered elec tronic devices 10
collected through a pre-existing collection program that is ope rated under a collection 11
agreement between a third party and a community. 12
(e) To the extent allowed by law, a covered electronic device or eligible 13
electronic device collected by a manufacturer e-scrap program i s not considered 14
hazardous waste, household waste, solid waste, or special waste. 15
Sec. 46.06.290. Definitions. In AS 46.06.200 - 46.06.290, 16
(1) "best practices" means standards for collecting and prepar ing 17
covered electronic devices for sh ipment and recycling markets, including packaging, 18
transport, load size, acceptable load contamination levels, and noncovered electronic 19
devices included in a load; 20
(2) "collector" means a person who collects covered electronic devices 21
at any program collection site or single-day collection event a nd prepares the devices 22
for transport; 23
(3) "community" means 24
(A) an incorporated city; 25
(B) a unified municipality; 26
(C) an incorporated borough; or 27
(D) a place in the unorganized borough in which 15 or more 28
individuals reside as a social unit; 29
(4) "computer" means a deskt op computer, notebook computer, or 30
tablet computer; "computer" does not include an automated typewriter, printer, mobile 31
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telephone, hand-held calculator, b attery-operated portable digi tal music player, 1
computer keyboard, computer mouse, or associated cables; 2
(5) "computer monitor" means a n electronic device that contain s a 3
cathode-ray tube or flat panel scr een greater than four inches in size when measured 4
diagonally and is intended to display information from a computer; 5
(6) "council" means the electronics recycling advisory council; 6
(7) "covered electronic device" means a computer, small-scale server, 7
computer monitor, television, pr inter, facsimile machine, scann er, battery-operated 8
portable digital music player with memory capability, digital v ideo disc player, digital 9
video disc recorder, videocassette recorder, video game console, digital converter box, 10
cable receiver, satellite receive r, computer keyboard, computer mouse, or associated 11
cables sold at retail; 12
(8) "covered electronic device category" means the following 13
categories of covered electronic devices: 14
(A) computers and small-scale servers; 15
(B) computer monitors; 16
(C) televisions; 17
(D) printers, facsimile machines, and scanners; 18
(E) digital video disc players, digital video disc recorders, and 19
videocassette recorders; 20
(F) video game consoles; 21
(G) digital converter boxes, cable receivers, and satellite 22
receivers; and 23
(H) battery-operated portable digital music players, computer 24
keyboards, computer mice, and cables; 25
(9) "covered entity" means any household, nonprofit, education al 26
institution, community, or small business located in the state; 27
(10) "desktop computer" means a computer that is controlled by a 28
stand-alone computer keyboard, stand-alone computer mouse or other pointing device, 29
computer monitor or other display unit, and that has a main uni t that is not designed 30
for portability and is intended to be persistently located in a single location; 31
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(11) "educational institution" means 1
(A) a public or private institution located in the state for g rades 2
kindergarten through 12; or 3
(B) a nonprofit institution located in the state that provides 4
postsecondary or vocational education; 5
(12) "electronics producer responsibility organization" means an entity 6
that prepares and submits a manufacturer e-scrap program plan t o the department and 7
oversees an e-scrap program on behalf of two or more manufacturers cooperating with 8
each other to collectively establish and operate an e-scrap pro gram for the purpose of 9
complying with AS 46.06.200 - 46.06.290; 10
(13) "eligible electronic devi ce" means any mobile telephone t hat is 11
taken out of service in the state, regardless of purchase location; 12
(14) "household" means a single detached dwelling unit or a si ngle 13
unit of a multiple dwelling unit and appurtenant structures; 14
(15) "manufacturer" means a person or successor in interest to a person 15
under whose brand or label a covered electronic device is sold at retail; if a covered 16
electronic device is sold at retail under a brand or label that is licensed from a person 17
who is the owner of the brand or label but does not sell or pro duce the device, or if a 18
covered electronic device is so ld at retail under the brand or label of both the retail 19
seller and the person that produced the device, the person that produced the device or 20
that person's successor in interest, is the manufacturer; 21
(16) "manufacturer e-scrap program" means any program establis hed, 22
financed, and operated by a ma nufacturer, individually or as pa rt of an electronics 23
producer responsibility organizati on, to collect, transport, an d otherwise prepare for 24
recycling covered electronic de vices and eligible electronic de vices collected at 25
program sites and single-day collection events in accordance wi th the requirements of 26
AS 46.06.200 - 46.06.290; 27
(17) "market share" means a manufacturer's percentage of all c overed 28
electronic devices by weight sold within a covered electronic d evice category during a 29
specified period; 30
(18) "notebook computer" means a computer that is controlled b y a 31
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computer keyboard, trackpad or o ther pointing device, and video display greater than 1
four inches in size when measured diagonally that are all conta ined within the 2
construction of the unit; 3
(19) "participating manufacturer" means a manufacturer that an 4
electronics producer responsibility organization has listed under AS 46.06.210(a)(1) as 5
a participant in the electronics producer responsibility organization for a calendar year; 6
(20) "person" means an individual, partnership, co-partnership , firm, 7
company, limited liability company, corporation, association, j oint stock company, 8
trust, estate, political subdivi sion, state agency, unit of loc al government, or any other 9
legal entity, including a trustee, agent, assignee, or similar legal representative; 10
(21) "printer" means a desktop printer, multifunction printer copier, 11
printer and facsimile combination, or an all-in-one device that performs a combination 12
of printing, copying, scanning, and related tasks, that is desi gned to reside on a work 13
surface; "printer" does not incl ude a floor-standing printer, a printer with optional 14
floor stand, a point-of-sale recei pt printer, a calculator with printing capabilities, or a 15
label maker; 16
(22) "program collection site" means a physical location that is 17
included in a manufacturer e-scr ap program and at which covered electronic devices 18
are collected and prepared for transport by a collector during a calendar year; 19
(23) "recycler" means any person who transports or later recyc les 20
covered electronic devices that have been collected and prepare d for transport by a 21
collector at any program collection site or single-day collection event; 22
(24) "recycling" means any process by which covered electronic 23
devices that would otherwise be disposed of or discarded are co llected, separated, or 24
processed and returned to the economic mainstream in the form o f raw materials or 25
products; 26
(25) "retail collection site" means a private sector collectio n site 27
operated by a retailer collecting on behalf of a manufacturer; 28
(26) "retailer" means a person who first sells, through a sale s outlet, 29
catalog, or Internet website, a covered electronic device at a retail or permanent 30
establishment where covered electronic devices are displayed, h eld, stored, or offered 31
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for sale to the public; 1
(27) "sale" means any retail transfer of title for considerati on, 2
including transactions conducted through sales outlets, catalogs, or an Internet website 3
or by any similar means; "sale" does not include financing or leasing; 4
(28) "single-day collection event" means a single-day event us ed as a 5
substitute for a program collection site; 6
(29) "small business" means a business operating in the state that 7
employs fewer than 50 people; 8
(30) "small-scale server" means a computer that typically uses desktop 9
components in a desktop form designed primarily to serve as a s torage host for other 10
computers and that is designed in a pedestal, tower, or other f orm similar to that of a 11
desktop computer so all data pro cessing, storage, and network interfacing is contained 12
within one box or product; desi gned to be operational 24 hours a day and 7 days a 13
week; designed to have very little unscheduled downtime, includ ing on the order of 14
hours each year; capable of operating in a simultaneous multi-u ser environment 15
serving several users through ne tworked client units; and desig ned for an industry-16
accepted operating system for home or low-end server applications; 17
(31) "tablet computer" means a computer that is controlled by a touch 18
screen and video display greater than six inches in size when m easured diagonally that 19
is contained within the construction of the unit; 20
(32) "television" means an elect ronic device that contains a c athode-21
ray tube or flat panel screen greater than four inches in size when measured diagonally 22
and is intended to receive video programming through broadcast, cable, satellite, 23
Internet connection, or other method of video transmission or t hat is intended to 24
receive video from surveillance cameras or other similar equipment. 25
Article 3. General Provisions. 26
Sec. 46.06.990. Definitions. In this chapter, 27
(1) "commissioner" means the commissioner of environmental 28
conservation; 29
(2) "department" means the Department of Environmental 30
Conservation. 31
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* Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 1
read: 2
TRANSITION. The commissioner of environmental conservation shal l appoint 3
members of the electronics recycling advisory council under AS 46.06.270(b), added by sec. 9 4
of this Act, as soon as practicable. Notwithstanding AS 46.06.2 70(b), added by sec. 9 of this 5
Act, the commissioner shall appoi nt seven initial members of th e electronics recycling 6
advisory council to serve four-yea r terms and the remaining six initial members to serve 7
three-year terms. Initial members may be appointed to subsequent two-year terms thereafter. 8
* Sec. 11. This Act takes effect immediately under AS 01.10.070(c). 9