Texas moves to require R2, e-Stewards certification

As a reseller, I am not a fan of R2 certifications. While I work with many R2-certified companies, and make good money doing so, there are also many R2-certified companies who feel they cannot resell their equipment at all, effectively increasing waste generated by keeping reusable materials from being remarketed. This is due to fear of breaking compliance with the certifying body. In my humble opinion, reuse is the greenest form of recycling possible, so it really bothers me that enormous amounts of valuable goods are being kept in the shred pile due to clerical uncertainty.

I, for one, sincerely hope this bill does not pass - especially in Texas, where so many recycling companies thrive.

Texas may soon require all processors in its state electronics recycling program to have a third-party certification.

Does that mean if your buyer is certified then your covered under their cert. ??

Uh doesn't Texas already have hazardes waste dumping laws?

THEY WILL pass the bill, WE will pay for it and,suffer the unintended consequences.

To the OP, what newsletter did you get this out of? Not questioning you or anything, just could use a little more reading material keeping me up-to-date so I'd like to be on their mailing list.

Originally Posted by burrage1

To the OP, what newsletter did you get this out of? Not questioning you or anything, just could use a little more reading material keeping me up-to-date so I'd like to be on their mailing list.

You could go here: Texas Legislature Online - 83(R) Bill Stages for HB 3465

Unless I'm reading this wrong, it's only talking about recyclers of televisions.

83(R) HB 3465 - Introduced version - Bill Text

83R12426 JRR-D

By: Bohac H.B. No. 3465


A BILL TO BE ENTITLED
AN ACT
relating to standards for recycling or reusing computer and
television equipment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 361.964(b), Health and Safety Code, is
amended to read as follows:
(b) For the purposes of recycling, reusing, or otherwise
disposing of collected computer equipment, a manufacturer must:
(1) follow the standards established under
"Responsible Recycling Practices for Use in Accredited
Certification Programs for Electronic Recyclers" or "e-Stewards
Standard for Responsible Recycling and Reuse of Electronic
Equipment" or an equivalent independently audited certification
standard for electronics recycling; or
(2) use a recycler that has a current certification
indicating the recycler complies with the standards described by
Subdivision (1) [The commission shall adopt as standards for
recycling or reuse of computer equipment in this state the
standards provided by "Electronics Recycling Operating Practices"
as approved by the board of directors of the Institute of Scrap
Recycling Industries, Inc., April 25, 2006, or other standards from
a comparable nationally recognized organization].
SECTION 2. Section 361.982(b), Health and Safety Code, is
amended to read as follows:
(b) A person who is engaged in the business of recycling
covered television equipment in this state shall:
(1) register with the commission and certify that the
person is in compliance with the standards described by [adopted
under] Section 361.990;
(2) on or before January 31 of each year renew the
registration with the commission and certify the person's continued
compliance with the standards described by [adopted under] Section
361.990;
(3) recycle all covered television equipment accepted
for recycling in accordance with the standards adopted under
Section 361.990;
(4) maintain a written log recording the weight of all
covered television equipment received by the person and the
disposition of that equipment; and
(5) annually report to the commission the total weight
of covered television equipment received and recycled by the person
in the preceding 12 months.
SECTION 3. Section 361.990(b), Health and Safety Code, is
amended to read as follows:
(b) For the purposes of recycling, reusing, or otherwise
disposing of collected covered television equipment, a
manufacturer must:
(1) follow the standards established under
"Responsible Recycling Practices for Use in Accredited
Certification Programs for Electronic Recyclers" or "e-Stewards
Standard for Responsible Recycling and Reuse of Electronic
Equipment" or an equivalent independently audited certification
standard for electronics recycling; or
(2) use a recycler that has a current certification
indicating the recycler complies with the standards described by
Subdivision (1) [The commission shall adopt as standards for
recycling or reuse of covered television equipment in this state
the standards provided by "Electronics Recycling Operating
Practices" as approved by the board of directors of the Institute of
Scrap Recycling Industries, Incorporated, April 25, 2006, or other
standards from a comparable nationally recognized organization].
SECTION 4. This Act takes effect September 1, 2013.

So... bottom line, it'll get more expensive to recycle your old CRTs in Texas legally, and yokes & degaussing cables could well require a license to cash in.

So the end result will be more people 'accidentally' losing them off the back of their truck on country dirt roads.

Ahh, the lovely unintended consequences of kneejerk legislation...

You can see from auminer's post that their are 2 sections to the current law:
Section 361.964, which covers computer equipment, and
Section 361.990 which covers television equipment.

Both sections are nearly identical except one says computers and the other says televisions. Naturally, the new bill alters both to require R2 or e-stewards certs.
The bill hasn't passed yet, and it may not have time to get anywhere.


General info for other Texas peeps: The beginning of the laws about electronic recycling in the Texas Health and Safety code starts with "Sec. 361.951."

Originally Posted by learning more

Section 361.964, which covers computer equipment, and

That section only states that a manufacturer must do certain tings. I'm no manufacturer... quite the opposite!

There is a definition of manufacturer, or something that says it applies to x,y,and z types of business in there somewhere I saw it earlier, I'll have to find it again.

...
Got it

Sec. 361.959. ENFORCEMENT
(b) The commission and the attorney general, as appropriate, shall enforce this subchapter and, except as provided by Subsections (d) and (e), take enforcement action against any manufacturer, retailer, or person who recycles or reuses computer equipment for failure to comply with this subchapter.

Nope. That's still applicable only to recyclers selected by manufacturers.

Texas Health and Safety Code Section 361.954 - Applicability - 2011

...a) The collection, recycling, and reuse provisions of this subchapter apply to computer equipment used and returned to the manufacturer by a consumer in this state and do not impose any obligation on an owner or operator of a solid waste facility....

I've been digging, but haven't yet found a smoking gun... but whatcha wanna bet that there's some kickback business going on here?

Here's what I mean, and bear in mind I HAVE NOT FOUND DIRECT EVIDENCE OF THIS, but this is my suspicion: Scrap metal trade group makes up this really spiffy set of guidelines & for a price, A STEEP PRICE, will 'certify' you as being compliant with these guidelines (which aren't easily found online until you buy a kit from them) then, this trade group (read:PAC) makes campaign donation to state legislator. State legislator introduces a bill requiring people to be compliant with the above mentioned guidelines or face fines.

So... in order to continue to make a living, you have to pay some trade group a couple of thousand dollars for them to wave their magic wand over you & tell you to pretty much carry on as you've already been doing.

THAT's how you make money off of scrapping.