Retail electronic waste collection.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0610

HOUSE BILL
NO.

HB0240

Retail electronic waste collection.

Sponsored by:
Representative(s) Petroff

A BILL

for

AN ACT relating to
retailers; requiring large retailers to recycle electronic waste as specified; providing definitions; prohibiting large retailers from offering specified electronics for sale without a recycling program;
providing a penalty;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 40
‑
25
‑
101 is created to read:

ARTICLE 25
RETAIL ELECTRONIC WASTE COLLECTION ACT

40
‑
25
‑
101.

Recycling of electronic waste required; definitions; prohibition.

(a)

Th
is
act shall be known as the
"
Wyoming Retail Electronic Waste Collection Act.
"

(b)

No

large
retailer
shall offer for sale covered electronic goods unless the large retailer
:

(
i
)

A
ccept
s
, at no charge, electronic waste from any person during the normal business hours of such business; or

(ii)

O
ffer
s
to any person at no charge, the shipping of electronic waste to a recycling program conducted by
the
retailer. Information about
the retailer's
program shall be readily available at
the
retailer
's
locations and on its website.

(c)

Every
large
retailer required to accept electronic was
te
pursuant to
subsection (b)
of this section shall conspicuously post a sign open to public view, clearly indicating that electronic waste is accepted.
The
signs may also state that electronic waste shall only be accepted during normal business hours and may state
those
hours.

(d)

Every
large
retailer required to accept electronic waste shall take reasonable steps to work with brand

owners of electronic products to ensure all electronic waste accepted pursuant to this section shall
either be
recycled, reused or disposed of in an en
vironmentally sound manner
.

(e)

Violation of this section is a misdemeanor subject to a fine of not more than
five thousand dollars ($5,000.00
)
.

(
f
)

As used in this section:

(
i
)

"
Cathode ray tube
"
means a vacuum tube or picture tube used to convert an electronic signal into a visual image
;

(ii)

"
Computer
"
means an electronic, magnetic, optical, electrochemical or other high

speed data processing device performing a logical, arithmetic or storage function, including a laptop computer and desktop computer, and includes any
cable,
cord or wiring permanently affixed to or incorporated into
the
product, and may include both a computer centra
l processing unit and
a monitor.

The
term
"computer"
shall not include an automated typewriter or typesetter, a portable hand

held calculator, a portable digital assistant, server or other similar device
;

(iii)

"
Computer peripheral
" means a monitor, electronic keyboard,
electronic mouse or similar pointing device
,
facsimile machine, document scanner or printer intended for use with a computer
,
and includes any cable, cord or wiring permanently aff
ixed to or incorporated into

the
product.
"
Computer peripheral
"
shall not include any document scanner or printer which weighs one hundred
(100)
pounds or more
;

(iv)

"
Consumer
"
means a person located in th
is
state who owns or uses covered electronic equipment, but does not include
a person
involved in a wholesale transaction between a distributor and retailer
;

(v)

"
Covered electronic equipment
" means
a computer
,
computer peripheral
,
small electronic equipment
,
small-scale server
,
cathode ray tube or television, as defined in this section.
"
Covered electronic equipment
"
does not include any motor vehicle or any part thereof
,

camera or video camera
,
portable or stationary radio
,
household appliances such as clothes washers, clothes dryers, refrigerators, freezers, microwave ovens, ovens, ranges or dishwashers
,
equipment that is functionally or physically part of a larger piece of equipment intended for use in an industrial, research and development or commercial setting
,
security or anti-terrorism equipment
,
monitoring and control instrument or system; thermostat
,
hand

held transceiver
,
telephone of any type
,
portable digital assistant or similar device
,
calculator
,
a server other than a small

scale server
,
a cash register or retail self

checkout system
,
a stand

alone storage product intended for use in industrial, research and development or commercial settings
,
commercial medical equipment that contains within it a cathode ray tube, a flat panel display or similar video display device, and is not separate from the larger piece of equipment or other medical devices as that term is defined under the Federal Food, Drug and Cosmetic Act
;

(vi)

"
Electronic waste
"
means covered electronic equipment that has been discarded or is no longer wanted by its owner, or for any other reason enters the waste
collection, recovery, treatment, processing or recycling system
;

(vii)

"
Monitor
"
means a separate visual display component of a computer, whether sold separately or together with a computer central processing unit, and includes a cathode ray tube, liquid crystal display, gas plasma, digital light processing or other image projection technology, greater than four
(4)
inches when measured diagonally, and its case, interior wires and circuitry, and any cable cord or wiring permanently affixed thereto or incorporated into such product
;

(viii)

"
Large
r
etailer
"
means a commercial enterprise or establishment, including a sole proprietorship, joint venture, partnership, corporation, or other legally recognizable en
tity, whether for profit or not-for-
profit, that:

(A)

I
s a full-line, self-service retail store that sells new covered electronic equipment by any means directly to a consumer but does not include businesses that regularly lease, offers to lease, or
arranges for leasing of merchandise under a rental

purchase agreement
;

(B)

H
as annual sales of
f
ive
m
illion
d
ollars (
$5
,000,000.00)
or more, no
t including sales of motor fuel
;
and

(C)

H
as over
seventy-five thousand (
75,000
)
square feet of retail space
in Wyoming.

(ix)

"
Small electronic equipment
"
means any portable digital music player that has memory capability and is battery

powered, video cassette recorder, a digital video disc player, digital video recorder, digital converter box, cable or satellite receiver, or electronic or video game console, and includes any cable, cord, or wiring permanently affixed to or incorporated into any such product
;

(x)

"
Small-scale server
"
means a computer that typically uses desktop components in a desktop form factor, but is designed primarily to be a storage host for other computers. To be considered a small
-
scale server, a computer must have the following characteristics:

(A)

Is d
esigned in a pedestal, tower, or other form factor similar to those of desktop computers such that all data processing, storage, and network interfacing is contained within one
(1)
box or product;

(B)

Is i
ntended to be operational twenty
-
four
(24)
hours per day and seven
(7)
days a
week,
and unscheduled downtime is extremely low, such as on the order of hours per year;

(C)

I
s
capable of operating in a simultaneous multi-user environment serving several users throu
gh networked client units; and

(D)

Is d
esigned for an industry accepted operating system for home or low

end server applications
.

(xi)

"
Television
"
means a display system containing a cathode ray tube or any other type of display primarily intended to receive video programming via broadcast, cable or satellite transmission, having a viewable area greater than four
(4)
inches when measured diagonally.

Section 2.
This act is effective July 1, 2013.

(END)

1
HB0240