House to Act on E-Waste after Hearing Industry Proposals

Even as the CE industry wrestles with a national mechanism to finance collection and recycling of junk electronics, the issue of how and to what extent to preempt state laws is emerging as the next problem. Last Sept., the congressional group assembled key players in the debate to examine legislative prospects, Warden said. Manufacturers, split on how to finance recycling, told meeting participants they want to “take a stab” at developing a consensus proposal that could be presented to the group and other parties, she said. Industry hasn’t reported back to the group, but “we have heard that it will in the next couple of weeks,” Warden said. Once industry presents its proposals, other stakeholders will be consulted before Thompson and colleagues consider drafting a bill, she said.

As he did in the last Congress, Thompson introduced a fee-based e-waste recycling bill this year “just to demonstrate that this is a priority,” Warden said. Thompson isn’t stuck on a fee-based approach, she said: “We are open to all possible solutions. Right now everything is on the table.” But industry must get its act together fast, Warden said. As more state laws emerge, their divergences mean a national law must accommodate “more and more standards,” she added. The working group has given material to the staff of Rep. Wynn (D-Md.), chmn. of the House Environment Subcommittee, who has called a May 3 e-waste meeting of CE industry, states and environmental groups(CED April 27 p5).

With preemption a “very big issue” for states, the “longer we wait, the more difficult it is to meld the current programs with a future” national system, said Scott Cassel, exec. dir. of the Product Stewardship Institute, which advises states on recycling policy. “None of the states want to lose anything of what they have already,” Cassel said: “We expect what’s offered nationally will allow for continuation of programs in states.” States could be persuaded to change their laws if what’s being offered nationally is to their benefit, Cassel said.

“Having a national bill that doesn’t have any semblance of preemption at all is going to be difficult,” Marc Pearl, exec. dir. of the Consumer Electronics Retailers Coalition, said. Some environmental groups flatly reject preemption, believing they can get stronger bills in some states, he said: “But if you are bringing any semblance of harmony or uniformity to the issue, you have to at least discuss and approach the issue of preemption.” Industry seeks preemption on financing, not the environmental side, CEA Environmental Counsel Parker Brugge said. Preemption on environmental issues could be very controversial; “that’s not what we would be looking for,” Brugge said: “We think the states are best equipped to figure out how to operate collection systems and regulate recyclers so we wouldn’t be seeking preemption on those issues.”

“We don’t favor preemption,” said Barbara Kyle of the Silicon Valley Toxics Coalition, which spearheads the Computer Takeback Campaign. If states with e-waste laws feel their programs beat what’s legislated at the national level they should be allowed to keep those laws, she said. A federal law could offer a “good, strong program” that inspires states to shift, she added, emphasizing that a federal program should take an opt-in approach. But on issues such as banning export of e-waste to developing countries, the federal govt. must have the final say, she added.