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House approves producer‑responsibility electronic‑waste recycling bill after contentious debate

Utah House of Representatives · March 8, 2010
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Summary

The Utah House passed a second substitute to HB 153 on March 5, 2010, creating a producer‑responsibility program for consumer electronics recycling administered by the Department of Environmental Quality; the measure passed 47‑26 after debate about fees, fiscal impacts and county participation.

SALT LAKE CITY — The Utah House on March 5 passed a second substitute to House Bill 153, establishing a producer‑responsibility market‑share program for household electronic waste that backers say will recapture recycling fees built into product prices and direct them to local recycling services.

Representative Rebecca Edwards, the bill sponsor, told colleagues the measure is a fairness fix: "We shouldn't have to pay twice," she said, arguing that Utah consumers already pay for recycling in product prices but do not receive matching local service. The bill initially applies to a "county of the first or second class" and allows other counties to opt in.

Under the bill's fiscal structure, manufacturers would pay an initial registration fee (sponsor cited $3,000 per manufacturer for the first year) and ongoing market‑share fees, with a restricted account administered through the Division of Solid and Hazardous Waste at the Department of Environmental Quality (DEQ). Edwards said the startup fees — estimated in the fiscal discussion at roughly $224,000 — would cover rule writing and initial program setup; a capped account and reporting requirements were included to reassure business and regulators.

Legislators pressed for details on who would pay and how money would be used. Representative Wimmer asked why voluntary private programs were insufficient; Edwards replied that only two of roughly 80 in‑state manufacturers were participating in voluntary efforts and that the proposed structure ensures statewide coverage and oversight. On oversight, Edwards said DEQ supports the concept and that much of the day‑to‑day work would be performed by counties under memoranda of understanding.

Opponents raised fiscal concerns and implementation timing. One member urged caution, saying the state is in a tight fiscal year and questioned whether the program's startup costs and registration scheme were appropriate this session. Concerns were also raised about requiring recyclers and manufacturers to register and whether expanding from a single county pilot to include second‑class counties would increase collection costs without corresponding revenue.

Supporters, including Representative Mascaro, cited existing state contracts that show local recycling capacity and public‑safety arguments tied to hazardous materials in electronics: "CRT screens can contain four to six pounds of lead contamination," Mascaro said, arguing that the bill would reduce improper disposal and environmental risk while creating jobs in the recycling sector.

Representatives debated an amendment to change references from "county of the first class" to "county of the first or second class." The sponsor accepted the amendment as friendly and the House approved it.

After closing debate — the previous question was called to end discussion — the House voted to pass second substitute HB 153, with a final tally reported on the floor of 47 yes and 26 no. The bill will be transmitted to the Senate for consideration.

The House record shows the bill was developed with input from manufacturers, retailers, recyclers, counties, landfills, health departments and the Utah Recycling Coalition, and includes a restricted account for program funds and a role for DEQ rulemaking. The bill, as passed on the House floor, addressed only household consumer electronics and did not expand to businesses in this version.

What's next: HB 153 moves to the Senate for consideration; the bill text delegates implementation details and rulemaking to DEQ, and lawmakers asked for ongoing oversight and reports as the program starts.