Electronic Waste Recycling Promotion and Consumer Protection Act - Amends the Internal Revenue Code to allow waste recyclers and individual consumers a tax credit for recycling qualified electronic waste. Defines "qualified electronic waste" as any discarded computer display screen or system unit.
Bans the disposal of electronic waste without recycling three years after the enactment of this Act.
Requires the head of each Federal executive agency to recycle electronic waste.
Requires the Administrator of the Environmental Protection Agency (EPA) to study the feasibility of establishing a nationwide recycling program for electronic waste that preempts any State recycling program.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4316 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 4316
To reduce and eliminate electronic waste through recycling.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 14, 2005
Ms. Millender-McDonald introduced the following bill; which was
referred to the Committee on Ways and Means, and in addition to the
Committees on Energy and Commerce and Government Reform, for a period
to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To reduce and eliminate electronic waste through recycling.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electronic Waste Recycling Promotion
and Consumer Protection Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the National Safety Council estimates that--
(A) in 2003, over 60,000,000 personal computers
became obsolete and between 1997 and 2007 more than
500,000,000 computers will need to be discarded; and
(B) at an average weight of 70 pounds, this will
result in over 6,300,000,000 pounds of plastic and
1,600,000,000 pounds of lead added to the supply of
waste needing to be managed;
(2) according to the Environmental Protection Agency--
(A) a computer monitor or television set generally
contains 4 to 8 pounds of lead;
(B) mercury, cadmium, and other heavy metals are
generally used in such equipment as well; and
(C) households and businesses in the United States
often do not discard older computers and televisions
when buying newer versions of the same products;
(3) according to experts, the average household may have
between 2 and 3 older computers and televisions in storage, and
approximately 20,000,000 to 24,000,000 computers and
televisions are placed in storage each year;
(4) according to the Environmental Protection Agency,
discarded computer, television, and other electronic
equipment--
(A) when not discarded in large quantities, is
currently managed in most States as municipal solid
waste, just like ordinary trash; and
(B) constitute 40 percent of the lead and 70
percent of the heavy metals that are found in landfills
and, if not handled properly, can be released into the
environment, contaminating air and groundwater and
posing a significant threat to human health, including
potential damage to kidney, brain, and nervous system
function, and cancer in cases of excessive exposure;
(5) materials used in computers, televisions, and similar
electronic products can be recovered through recycling, which
conserves resources and minimizes the potentially harmful human
and environmental health effects of those materials; and
(6) establishing a nationwide infrastructure for electronic
waste recycling will--
(A) facilitate access of people in the United
States to recycling services; and
(B) improve the efficiency and use of electronic
waste recycling.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Cathode ray tube.--The term ``cathode ray tube'' means
a vacuum tube used to convert an electronic signal into a
visual image, for use in a computer monitor, television, or
other piece of electronic equipment.
(3) Computer.--
(A) In general.--The term ``computer'' means an
electronic, magnetic, optical, electrochemical, or
other high speed data processing device that performs
logical, arithmetic, or storage functions.
(B) Exclusions.--The term ``computer'' does not
include an automated typewriter or typesetter, video
game console, portable hand held calculator, personal
digital assistant, cellular telephone, or other similar
device.
(4) Consumer.--The term ``consumer'' means--
(A) an occupant of a single, detached dwelling unit
or a single unit of a multiple dwelling unit who--
(i) has used a computer monitor, a
television, or another piece of electronic
equipment that contains a display screen or a
system unit; and
(ii) used the equipment described in clause
(i) at the dwelling unit of the occupant; and
(B) a commercial, educational, or other entity that
discarded for recycling not more than 20 display
screens or system units per year during the previous 5
years.
(5) Display screen.--
(A) In general.--The term ``display screen'' means
a cathode ray tube, flat panel screen, or other similar
video display device with a screen size of greater than
4 inches, measured diagonally.
(B) Exclusion.--The term ``display screen'' does
not include commercial or industrial equipment, or
household appliances, that contain--
(i) a cathode ray tube;
(ii) a flat panel screen; or
(iii) another similar video device.
(6) Hazardous waste.--The term ``hazardous waste'' has the
meaning given the term in section 1004 of the Solid Waste
Disposal Act (42 U.S.C. 6903).
(7) Recycle.--The term ``recycle'' means the performance of
a process by 1 or more persons by which a display screen or a
system unit is--
(A) sorted;
(B) if necessary, transported;
(C) to the maximum extent practicable, separated to
recover any component or commodity inside the display
screen or system unit that can be reduced to raw
materials or products; and
(D) treated such that any remaining material is
disposed of properly and in an environmentally sound
manner consistent with the Solid Waste Disposal Act (42
U.S.C. 6901 et seq.).
(8) System unit.--The term ``system unit'' means--
(A) the casing or portion of a computer that
contains the central processing unit, which performs
the primary quantity of data processing; and
(B) the unit that, together with the memory, forms
the central part of the computer, to which peripheral
devices may be attached.
(9) Universal waste.--The term ``universal waste'' has the
meaning given the term in the Environmental Protection Agency
Standards of Universal Waste Management established under
section 273 of title 40, Code of Federal Regulations (and
successor regulations).
SEC. 4. CREDIT FOR RECYCLING ELECTRONIC WASTE.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45N. CREDIT FOR RECYCLING ELECTRONIC WASTE.
``(a) Allowance of Credit.--For purposes of section 38, in the case
of an eligible taxpayer, the electronic waste recycling credit for any
taxable year is an amount equal to $8 per unit of qualified electronic
waste that is collected from consumers and recycled during the taxable
year.
``(b) Eligible Taxpayer.--For purposes of this section, the term
`eligible taxpayer' means any person which--
``(1) collects from consumers and recycles, or arranges for
the recycling of, not less than 5,000 units of qualified
electronic waste during that person's taxable year,
``(2) submits with the person's tax return documentation of
the final destination of all units of electronic waste
collected from consumers during the person's taxable year for
the purpose of recycling, and
``(3) certifies that all reclamation and recycling carried
out by the person was performed by an eligible recycler.
``(c) Definitions.--For purposes of this section--
``(1) Qualified electronic waste.--The term `qualified
electronic waste' means any display screen or any system unit.
``(2) Consumer, display screen; recycle; system unit.--The
terms `consumer', `display screen', `recycle', and `system
unit' have the meaning given the terms by section 3 of the
Electronic Waste Recycling Promotion and Consumer Protection
Act.
``(d) Final Regulations.--
``(1) In general.--Not later than the date which is 180
days after the date of the enactment of this section, the
Secretary, after consultation with the Administrator of the
Environmental Protection Agency, shall issue such final
regulations as may be necessary and appropriate to carry out
this section.
``(2) Inclusion.--
``(A) In general.--Subject to subparagraph (B), the
regulations issued under paragraph (1) shall include--
``(i) requirements for certifying recyclers
as eligible to recycle qualified electronic
waste,
``(ii) requirements to ensure that all
recycling of qualified electronic waste is
performed in a manner that is safe and
environmentally sound, and
``(iii) a provision which allows a tax
credit under this section to be shared by 2 or
more eligible taxpayers, provided that the
total tax credit for a unit of electronic waste
under this section does not exceed $8.
``(B) Limitation.--The Secretary shall not certify
a recycler as eligible under this subsection unless the
recycler is--
``(i) a taxpayer, or
``(ii) a State or local government.
``(e) Termination.--This section shall not apply with respect to
any unit of qualified electronic waste which is recycled after the date
which is 3 years after the date on which the final regulations issued
pursuant to subsection (d) take effect.''.
(b) Credit Allowed as Part of General Business Credit.--Section
38(b) of such Code is amended by striking ``plus'' at the end of
paragraph (25), by striking the period at the end of paragraph (26) and
inserting ``, plus'', and by adding at the end the following new
paragraph:
``(27) in the case of an eligible taxpayer (as defined in
section 45N(b)), the electronic waste recycling credit
determined under section 45N(a).''.
(c) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45N. Credit for recycling electronic waste.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to display screens and system units recycled after
the date on which the final regulations issued pursuant to section 45N
of such Code (as added by this section) take effect.
SEC. 5. CONSUMER CREDIT FOR RECYCLING ELECTRONIC WASTE.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 25D the following new section:
``SEC. 25E. CONSUMER CREDIT FOR RECYCLING ELECTRONIC WASTE.
``(a) Allowance of Credit.--In the case of an eligible consumer,
there shall be allowed as a credit against the tax imposed by this
chapter for the taxable year an amount equal to $15 for the recycling
of 1 or more units of qualified electronic waste.
``(b) Eligible Consumer.--For purposes of this section, the term
`eligible consumer' means any individual--
``(1) with respect to whom a credit under this section has
not been allowed in any preceding taxable year, and
``(2) who submits with the individual's tax return such
information as the Secretary requires to document that each
unit of qualified electronic waste was recycled by a recycler
certified by the Secretary pursuant to subsection (d).
``(c) Definitions.--For purposes of this section--
``(1) Qualified electronic waste.--The term `qualified
electronic waste' means any display screen or any system unit.
``(2) Consumer, display screen; recycle; system unit.--The
terms `consumer', `display screen', `recycle', and `system
unit' have the meaning given the terms by section 3 of the
Electronic Waste Recycling Promotion and Consumer Protection
Act.
``(d) Final Regulations.--
``(1) In general.--Not later than the date which is 180
days after the date of the enactment of this section, the
Secretary, after consultation with the Administrator of the
Environmental Protection Agency, shall issue such final
regulations as may be necessary and appropriate to carry out
this section.
``(2) Inclusion.--
``(A) In general.--Subject to subparagraph (B), the
regulations issued under paragraph (1) shall include--
``(i) requirements for certifying recyclers
as eligible to recycle qualified electronic
waste, and
``(ii) requirements to ensure that all
recycling of qualified electronic waste is
performed in a manner that is safe and
environmentally sound.
``(B) Limitation.--The Secretary shall not certify
a recycler as eligible under this subsection unless the
recycler is--
``(i) a taxpayer, or
``(ii) a State or local government.
``(e) Termination.--This section shall not apply with respect to
any unit of qualified electronic waste which is recycled after the date
which is 3 years after the date on which the final regulations issued
pursuant to subsection (d) take effect.''.
(b) Clerical Amendment.--The table of sections for subpart A of
part IV of subchapter A of chapter 1 of such Code is amended by
inserting after the item relating to section 25D the following new
item:
``Sec. 25E. Consumer credit for recycling electronic waste.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to display screens and system units recycled after
the date on which the final regulations issued pursuant to section
25E(d) of such Code (as added by this section) take effect.
SEC. 6. PROHIBITIONS OF DISPOSAL WITHOUT RECYCLING.
(a) Display Screen and System Unit Disposal Ban.--
(1) In general.--Effective beginning on the date that is 3
years after the date of enactment of this Act, if the
Administrator determines that a majority of households in the
United States have sufficient access to a recycling service for
display screens and system units, it shall be unlawful for the
operator of a landfill, incinerator, or any other facility for
the transfer, disposal, or storage of municipal solid waste to
knowingly receive from a consumer a display screen or system
unit, except for the purpose of recycling or arranging for the
recycling of the display screen or system unit by a recycler
certified as an eligible recycler by the Administrator.
(2) Procedures.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall develop and
issue guidelines covering waste handlers and waste transfer
stations to assist in developing recycling procedures for
display screens and system units.
(3) Exemptions.--As part of the guidelines issued pursuant
to paragraph (2), the Administrator shall classify display
screens and system units as universal waste and provide for the
exemption of display screens and system units from the
requirements of the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.) as necessary to facilitate the collection, storage, and
transportation of display screens and system units for the
purpose of recycling.
(b) Enforcement.--A violation of subsection (a) by any person or
entity shall be subject to enforcement under applicable provisions of
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
SEC. 7. RECYCLING OF DISPLAY SCREENS AND SYSTEM UNITS PROCURED BY THE
FEDERAL GOVERNMENT.
(a) Definition of Executive Agency.--In this section, the term
``executive agency'' has the meaning given the term in section 11101 of
title 40, United States Code.
(b) Requirement for Recycling.--The head of each executive agency
shall ensure that each display screen and system unit procured by the
Federal Government--
(1) is recovered upon the termination of the need of the
Federal Government for the display screen or system unit; and
(2) is recycled by a recycler certified as an eligible
recycler by the Administrator through--
(A) a program established after the date of
enactment of this Act by the executive agency, either
alone or in conjunction with 1 or more other executive
agencies; or
(B) any other program for recycling or reusing
display screens and system units.
SEC. 8. NATIONWIDE RECYCLING PROGRAM.
(a) Study.--
(1) In general.--The Administrator, in consultation with
appropriate executive agencies (as determined by the
Administrator), shall conduct a study of the feasibility of
establishing a nationwide recycling program for electronic
waste that preempts any State recycling program.
(2) Inclusions.--The study shall include an analysis of
multiple programs, including programs involving--
(A) the collection of an advanced recycling fee;
(B) the collection of an end-of-life fee;
(C) producers of electronics assuming the
responsibility and the cost of recycling electronic
waste; and
(D) the extension of a tax credit for recycling
electronic waste.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Administrator shall submit to Congress a report
describing--
(1) the results of the study conducted under subsection
(a);
(2) 1 or more prospective nationwide recycling programs,
including--
(A) a cost-benefit analysis of each program,
including--
(i) the cost of the program to--
(I) consumers;
(II) manufacturers;
(III) retailers; and
(IV) recyclers; and
(ii) the estimated overhead and
administrative expenses of carrying out and
monitoring the program; and
(B) the quantity of display screens and system
units projected to be recycled under the program;
(3)(A) the benefits of establishing a nationwide take-back
provision that would require, as part of the program, all
manufacturers of display screens or system units for sale in
the United States to collect and recycle, or arrange for the
recycling of, display screens and system units; and
(B) a projection of the quantity of display screens and
system units that would be recycled annually under a nationwide
take-back provision;
(4)(A) any emerging electronic waste streams, such as--
(i) cellular telephones; and
(ii) personal digital assistants; and
(B) a cost-benefit analysis of including an emerging
electronic waste stream in a national recycling program; and
(5) the progress of the Administrator in carrying out
section 6, including--
(A) information on enforcement of the prohibition;
and
(B) any increase in recycling as a result of the
prohibition.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Ways and Means, and in addition to the Committees on Energy and Commerce, and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Environment and Hazardous Materials, for a period to be subsequently determined by the Chairman.
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