SB 61 — An Act relating to an electronic product stewardship program; relating to collection, recycling, and disposal of electronic equipment; establishing the electronics recycling advisory council; and providing for an effective date.

34-LS0220\I34-LS0220\A CS FOR SENATE BILL NO.

61(RES)61 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-FOURTH LEGISLATURE - FIRST SESSION BY THESENATOR SENATETOBIN RESOURCESIntroduced: COMMITTEE Referred:

Finance1/24/25 Sponsor(s):Referred:

SENATORResources, TOBINFinance A BILL FOR AN ACT ENTITLED "An Act relating to an electronic product stewardship program;

Therefore, the legislature SB0061BSB0061A -1- CSSBSB 61(RES)61 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0220\I34-LS0220\A intends to provide immunity through the state action doctrine from federal antitrust laws for participating in manufacturer e-scrap programs as required by AS 46.06.200 - 46.06.290.

The department may make grants to state agencies, to municipalities, and to private organizations including nonprofit organizations for the CSSBSB 61(RES)61 -2- SB0061BSB0061A New Text Underlined [DELETED TEXT BRACKETED] 34-LS0220\I34-LS0220\A establishment and operation of programs authorized under AS 46.06.010 - 46.06.150 [THIS CHAPTER].

(2) standards for the evaluation of proposals submitted by applicants SB0061BSB0061A -3- CSSBSB 61(RES)61 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0220\I34-LS0220\A for grants under AS 46.06.120;

(5)] "litter" means all waste material including disposable packages or containers disposed of in a manner prohibited by AS 46.06.080, but does not include the wastes of the primary processes of mining or other extraction process, logging, CSSBSB 61(RES)61 -4- SB0061BSB0061A New Text Underlined [DELETED TEXT BRACKETED] 34-LS0220\I34-LS0220\A sawmilling, farming, or manufacturing;

and SB0061BSB0061A -5- CSSBSB 61(RES)61 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0220\I34-LS0220\A (3) any other information required by the department to implement AS 46.06.200 - 46.06.290.

CSSBSB 61(RES)61 -6- SB0061BSB0061A New Text Underlined [DELETED TEXT BRACKETED] 34-LS0220\I34-LS0220\A (B) seek to use businesses or organizations in the state, including retailers, charities, processors, local organizations, local health care facilities, and collection and transportation services;

and (14) if two or more manufacturers are participating in an electronics SB0061BSB0061A -7- CSSBSB 61(RES)61 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0220\I34-LS0220\A producer responsibility organization, a certification that the methodology used to allocate responsibility among participating manufacturers will comply with (c) of this section.

(f) Beginning in 2030, a manufacturer or electronics producer responsibility organization with an approved manufacturer e-scrap program plan for the previous CSSBSB 61(RES)61 -8- SB0061BSB0061A New Text Underlined [DELETED TEXT BRACKETED] 34-LS0220\I34-LS0220\A calendar year shall file an annual report with the department on or before March 31 that covers the previous calendar year.

(g) To the extent feasible, manufacturers and electronics producer SB0061BSB0061A -9- CSSBSB 61(RES)61 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0220\I34-LS0220\A responsibility organizations shall collaborate with electronic product retailers, utilities furnishing solid waste material collection and disposal services, recyclers, charities, tribes, local governments, and other businesses in the state in the development and implementation of the program plan.

(a) Beginning in 2029, a manufacturer or electronics producer responsibility organization shall, at a minimum, operate program collection sites and collection events in the following quantities during a calendar year depending on community populations as determined by the most recent decennial census conducted by the United States Bureau of the Census:

(b) TheA councilcommunity may approveenter into a lowerwritten quantityagreement ofwith collection sites or collection events than required under (a) of this section for a community if a manufacturer or electronics producer responsibility organization demonstrates to thesubstitute council that the community has a safe,program adequate, and easily accessible collection site inrequired whichunder to(a) storeof coveredthis electronicsection deviceswith throughoutfour theor interimmore periodssingle-day between collection events.events in the community.

(c) A communitycollector maythat enteroperates intoa program collection site or single-day collection event during a writtencalendar year shall, unless otherwise provided for by an agreement withbetween athe collector and the manufacturer or electronics producer responsibility organizationorganization, to(1) substituteaccept aall programcovered collectionelectronic sitedevices requireddelivered underto (a)the ofcollection thissite section with four or more single-day collection eventsevent induring the community.calendar year;

CSSBSB 61(RES)61 -10- SB0061BSB0061A New Text Underlined [DELETED TEXT BRACKETED] 34-LS0220\I34-LS0220\A (d)(2) Aensure collector that operatescollected adevices programare collectionsorted siteand orloaded single-dayin collectioncompliance eventwith duringfederal, astate, calendarand yearlocal shall,law, unlessand otherwisewith providedthe forbest bypractices anagreed agreementto betweenby the collector and the manufacturer or electronics producerrecycling responsibilityadvisory organization,council (1)for accept all covered electronic devices delivered to the collection site or collection event during the calendar year;

(2) ensure that collected devices are sorted and loaded in compliance with federal, state, and local law, and with the best practices agreed to by the electronics recycling advisory council for the calendar year;

(e)(d) A collector shall sort collected devices into the following categories:

(f)(e) A manufacturer e-scrap program may use retail collection sites to satisfy some or all of the collection site obligations under this section.

and SB0061B -11- CSSB 61(RES) New Text Underlined [DELETED TEXT BRACKETED] 34-LS0220\I (3) the community in which the retailer or retail collection site is located.

(a) Within 60 days after receiving a manufacturer e-scrap program plan, the department shall review and approve or disapprove the plan and provide written notification of the department's decision, including the reasons for the approval or disapproval, to the designated point SB0061A -11- SB 61 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0220\A of contact for the manufacturer or electronics producer responsibility organization.

The department shall review the fee amounts annually and reasonably CSSB 61(RES) -12- SB0061B New Text Underlined [DELETED TEXT BRACKETED] 34-LS0220\I calculate adjustments as necessary to ensure the total revenue collected from the fees approximately equals the department's costs in subsequent calendar years.

(f) The department shall publish on the department's InternetIntewebsite websiteSB 61 -12- SB0061A New Text Underlined [DELETED TEXT BRACKETED] 34-LS0220\A (1) best practices provided by the electronics recycling advisory council;

and (2) providing information about recycling covered electronic devices SB0061B -13- CSSB 61(RES) New Text Underlined [DELETED TEXT BRACKETED] 34-LS0220\I though a toll-free telephone number.

(d) A retailer that sells a new covered electronic device to a covered entity shall provide information to the entity that describes how to recycle the covered SB0061A -13- SB 61 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0220\A electronic device and the locations for convenient collection of the device.

(a) On or after January 1, 2029,2030, a retailerperson who first sells a covered electronic device to a covered entity may not sellknowingly cause or offerallow for(1) salethe mixing of a covered electronic device inwith themunicipal statewaste unlessthat (1)is theintended devicefor isdisposal labeledat with a brand;landfill;

(2) the disposal of a covered electronic device in a landfill;

(3) the mixing of a covered electronic device with waste that is intended for disposal by burning;

or (4) the burning of a covered electronic device.

(b) On or after January 1, 2029, a retailer who first sells a covered electronic device to a covered entity may not sell or offer for sale a covered electronic device in the state unless (1) the device is labeled with a brand;

and (3) the manufacturer of the device is registered with the deprtmentdepartment when the retailer purchases the device;

(b)(c) A manufacturer e-scrap program may not charge fees to covered entities when a covered electronic device or eligible electronic device is collected.

(a) A person who knowingly makes a materially false or fraudulent statement orally or in writing to the department SB 61 -14- SB0061A New Text Underlined [DELETED TEXT BRACKETED] 34-LS0220\A in connection with the requirements of AS 46.06.200 - 46.06.290 or a regulation adopted under AS 46.06.200 - 46.06.290 is guilty of a class A misdemeanor for a first CSSB 61(RES) -14- SB0061B New Text Underlined [DELETED TEXT BRACKETED] 34-LS0220\I conviction, a class C felony for a second conviction, and a class B felony for a third or subsequent conviction.

(b) The council consists of 13 members appointed by the commissioner for SB0061A -15- SB 61 New Text Underlined [DELETED TEXT BRACKETED] 34-LS0220\A two-year terms as follows:

(1) two members of the public residing in different communiscommunities with SB0061B -15- CSSB 61(RES) New Text Underlined [DELETED TEXT BRACKETED] 34-LS0220\I at least one member residing in a community located off the interconnected road system;

SB 61 -16- SB0061A New Text Underlined [DELETED TEXT BRACKETED] 34-LS0220\A (f) The department shall provide administrative support to the council as needed.

CSSB 61(RES) -16- SB0061B New Text Underlined [DELETED TEXT BRACKETED] 34-LS0220\I (g) Members of the council serve without compensation but are entitled to per diem and travel expenses authorized for boards and commissions under AS 39.20.180.

(h) The council mayshall meet(1) inreview personand orcomment electronically.on a proposed manufacturer e-scrap program plan before submission of the plan to the department;

(i) The council shall (1) review and comment on a proposed manufacturer e-scrap program plan before submission of the plan to the department;