large electronics; recycling; programs

SB1357 - 572R - I Ver

REFERENCE TITLE:
large electronics; recycling; programs

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1357

Introduced by

Senators
Kuby: Gabald�n, Hatathlie, Miranda;� Representatives Garcia, Gutierrez,
M�rquez, Sandoval, Stahl Hamilton

AN
ACT

amending
title 49, chapter 4, Arizona Revised Statutes, by adding article 12; relating
to electronic devices.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 49, chapter 4, Arizona Revised
Statutes, is amended by adding article 12, to read:

ARTICLE 12. LARGE
ELECTRONICS RECYCLING PROGRAM

START_STATUTE
49-892.

Definitions

In this article, unless the context otherwise
requires:

1. "Collector" means an
entity that collects covered electronic devices as part of a manufacturer
program.

2. "Covered electronic
device":

(
a
) Means:

(
i
) A computer
monitor of any type that has a viewable area greater than four inches measured
diagonally.

(
ii
) A desktop
computer or portable computer.

(
iii
) A
television of any type that has a viewable area greater than four inches
measured diagonally.

(
b
) Does not
include:

(
i
) Any part of
a motor vehicle.

(
ii
) Any part
of a larger piece of equipment designed and intended for use in an industrial,
commercial or medical setting, such as diagnostic, monitoring or control
equipment.

(
iii
) Telephones
or personal digital assistants of any type unless the telephone or personal
digital assistant contains a viewable area greater than four inches measured
diagonally.

(
iv
) Any part
of a clothes washer, clothes dryer, refrigerator, freezer, microwave oven,
conventional oven or range, dishwasher, room air conditioner, dehumidifier or
air purifier.

3. "Covered entity" means
any household or business.

4. "Household" means an
occupant of a single detached dwelling unit or a single unit of a multiple
dwelling unit located in this state who has used a covered electronic device at
a dwelling unit primarily for personal use.

5. "Manufacturer":

(
a
) Means any
person that either:

(
i
) Manufactures
covered electronic devices under a brand that the person owns or is licensed to
use.

(
ii
) Sells
covered electronic devices manufactured by others under a brand that the seller
owns.

(
iii
) Manufactures
covered electronic devices without affixing a brand.

(
iv
) Manufactures
covered electronic devices to which the person affixes a brand that the person
does not own.

(
v
) Imports or
causes to be imported into the United States covered electronic devices
manufactured outside the United States.

(
b
) Does not include:

(
i
) A person with a license to manufacture covered electronic
devices for delivery exclusively to or at the order of the licensor.

(
ii
) A small
business as defined in section 41-1001.

6. "Manufacturer program"
means a statewide plan for collecting, transporting and recycling covered
electronic devices that is provided by a manufacturer or manufacturers pursuant
to section 49-892.02.

7. "Portable computer"
means any of the following that has a viewable area greater than four inches
measured diagonally and that can be carried as one unit by an individual:

(
a
) A laptop
computer.

(
b
) A notebook
computer.

(
c
) A notepad
computer.

8. "Recycling":

(
a
) Means
either of the following:

(
i
) Processing
through disassembling, dismantling, shredding, transforming or remanufacturing
covered electronic devices, components and by-products into usable or
marketable raw materials or products in a manner such that the original
products may lose their identities.

(
ii
) Smelting
materials from components removed from covered electronic devices to recover
metals for reuse in conformance with applicable laws and rules.

(
b
) Does not
include landfill disposal or incineration of covered electronic devices or
energy recovery or energy generation by means of combusting covered electronic
devices, components and by-products with or without other waste.

9. "Retailer" means a
person that sells, rents or leases, through sales outlets, catalogs or the
internet, covered electronic devices to a household and not for resale in any
form.

10. "Sale" or
"sell":

(
a
) Means any
transfer for consideration of title or of the right to use, by lease or sales
contract, including transactions conducted through sales outlets, catalogs or
the internet or any other similar electronic means either inside or outside of
this state, by a person that conducts the transaction and controls delivery of
a covered electronic device to a consumer in this state.

(
b
) Does not
include a manufacturer's or distributor's wholesale transaction with a
distributor or retailer.
END_STATUTE

START_STATUTE
49-892.01.

Prohibition on sale; registration with department; fees

A. Beginning January 1, 2027, a
manufacturer or retailer may not sell or offer for sale any covered electronic
device in or for delivery in this state unless both of the following apply:

1. The covered electronic device is
labeled with a brand and the label is permanently affixed and readily visible.

2. The brand is included in the plan
that is filed with the department pursuant to section 49-892.02.

B. On or before January 1, 2027 and
each year thereafter, a manufacturer of covered electronic devices sold or
offered for sale in this state shall register with the department, for a period
to cover the upcoming calendar year, on a form provided by the department.

C. A manufacturer of covered
electronic devices sold or offered for sale in this state shall pay to the
department an annual registration fee determined by the department by rule.

D. If a manufacturer ceases to
manufacture, sell or import covered electronic devices and covered electronic
devices manufactured, sold or imported by the manufacturer are collected for
recycling under a manufacturer program, the manufacturer shall register with
the department and pay a registration fee determined by the department by rule.

E. A manufacturer that begins to sell
or offer for sale covered electronic devices to households after January 1, 2027
and that has not filed a registration pursuant to this section shall submit a
registration to the department within ten days after beginning to sell or
offering for sale covered electronic devices to households.

F. A manufacturer shall update its
registration within ten days after a change in the manufacturer's brands of
covered electronic devices sold or offered for sale to households.
END_STATUTE

START_STATUTE
49-892.02.

Manufacturer program; plan

A. A manufacturer shall submit a plan
to the department at the time of payment of the annual registration fee
required under section 49-892.01. The manufacturer's plan must
describe how the manufacturer will:

1. Finance, manage and conduct a
statewide manufacturer program to collect covered electronic devices from
covered entities in this state.

2. Provide for environmentally sound
management practices to collect, transport and recycle covered electronic
devices.

3. Provide for advertising and
promotion of collection opportunities statewide and on a regular basis.

4. Include convenient service in
every county in this state and at least one collection site for any city with a
population of at least fifty thousand persons. Convenient service
may include one or more periodic opportunities to drop off covered electronic
devices at one or more locations. Convenient service does not
require household pick up of covered electronic devices. A
collection site for a county may be the same as a collection site for a city in
the county. Collection sites shall be staffed and open to the public
at a frequency adequate to meet the needs of the area being
served. A manufacturer program may provide collection service
jointly with another program.

B. The
plan must include information on how and where to return the manufacturer's
covered electronic devices. The manufacturer:

1. Shall
include collection, recycling and reuse information on the manufacturer's
publicly available website.

2. Shall provide collection,
recycling and reuse information to the department.

3. May include collection, recycling
and reuse information in the packaging for or in other materials that accompany
the manufacturer's covered electronic devices when the device is sold.

C. Information regarding collection,
recycling and reuse that is on a manufacturer's publicly available website does
not constitute a determination by the department that the manufacturer's
recovery plan or actual practices are in compliance with this article or any
other law.

D. A manufacturer shall:

1. Meet or exceed the requirements
for collection sites described in subsection A of this section.

2. Provide for collection,
transportation and recycling of covered electronic devices for covered entities
free of charge, except that a manufacturer that provides premium service for a
covered entity may charge for the additional cost of that premium
service. Premium service may include pickup service at individually
scheduled times and locations and may include minimum requirements for the
quantity of covered electronic devices to be picked up.

3. Implement the plan required under
this section.

E. A group of manufacturers may
choose to implement a manufacturer program as one entity.
END_STATUTE

START_STATUTE
49-892.03.

Prohibition on consumer fees; exception

A. Except as authorized in subsection
B of this section, a manufacturer program or a collector participating in a
manufacturer program may not charge a fee to covered entities for the
collection, transportation or recycling of covered electronic devices.

B. A collector that provides a
premium service to a covered entity may charge for the additional cost of
providing the premium service.

END_STATUTE

START_STATUTE
49-892.04.

Duties of department; report; rules

The department shall:

1. Maintain and make available on its
website a list of registered manufacturers and their brands that identifies
which manufacturers are in compliance with this article. The
department shall update the list on or before the first day of each calendar
quarter after July 1, 2027.

2. Review and approve manufacturer
plans that comply with section 49-892.02 and that are submitted annually
by manufacturers.

3. Advertise and promote collection
opportunities statewide and on a regular basis.

4. Review
each registration and notify the manufacturer of any information required by
this section that is omitted from the registration. Within thirty
days after receiving a notification from the department, the manufacturer shall
submit a revised registration providing the information noted by the
department.

5. Maintain and update the website
registration information at least each calendar quarter. The website
shall contain prominent language stating that the law requiring registration is
directed at household equipment and the manufacturers' brands list is not a
list of manufacturers that are qualified to sell to industrial, commercial or
other markets that are identified as exempt from the requirements.

6. Maintain on its website
information on collection opportunities for covered electronic devices,
including collection site locations and hours. The information must
be made available in a printable format for retailers.

7. Beginning December 31, 2027 and
once every two years thereafter, compile information from manufacturers and
issue a report to the legislature regarding the program established pursuant to
this article.

8. Adopt rules as necessary to
implement this article.
END_STATUTE

START_STATUTE
49-892.05.

Covered electronic devices fund

A. The covered electronic devices
fund is established. The director shall administer the
fund. The fund consists of monies from the following sources:

1. Fees collected by the department
pursuant to this article.

2. Gifts, grants and donations.

3. Legislative appropriations.

4. Until July 1, 2028, monies from
the recycling fund established by section 49-837, except that not more than
$500,000 from the recycling fund may be transferred to the covered electronic
devices fund in any fiscal year.

B. On notice from the department, the
state treasurer shall invest and divest monies in the fund as provided in
section 35-313, and monies earned from investment shall be credited to the
fund.

C. Monies in the fund are
continuously appropriated to the department and may be used only to pay the
costs of implementing and enforcing this article.

D. Monies in the fund shall be used
for the following purposes:

1. All reasonable and necessary costs
to implement this article.

2. The reasonable and necessary costs
of administering the fund.
END_STATUTE

START_STATUTE
49-892.06.

Enforcement

A manufacturer or retailer that fails to comply
with this article is subject to enforcement under article 5 of this chapter.
END_STATUTE