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ESA members could feel ripple from N.Y. legislation

Posted By Administration, Tuesday, May 8, 2012
Updated: Tuesday, May 8, 2012

According to ESA Director of Government Relations John Chwat, there appears to be an effort at both the state legislative level and by national environmental groups to expand the definition of electronic devices in the context of e-waste laws. This issue is critical for ESA members, whose products could possibly be included these definitions. This will, in turn, have an impact on business operations and sales.

One of the most relevant and critical state bills is New York Senate Bill 6574. It includes a definition for "ionization smoke detector,” which means "a smoke detecting alarm device that contain a radioactive material pursuant to a license from the United States Nuclear Regulatory Commission.” This bill requires manufacturers of these devices to register and maintain a waste acceptance program prior to the sale of any smoke detector. It sets up a detailed list of requirements, as well as penalties for manufacturers who fail to report or register in compliance with the bill’s requirements. The manufacturer would be responsible for all costs associated with the program and its implementation.

Nationwide, ESA is monitoring 86 state bills related to electronic waste. Some of these bills have died, or are pending carryover while the state legislature is adjourned. New York Senate Bill 6573 is the only bill related to e-waste that explicitly mentions smoke detectors, though many of these bills offer general definitions for the terms "covered electronic product,” "covered electronic device,” or "electronic device.” These definitions generally do not include devices used for security, sensing, or monitoring. However, these definitions can be changed through amendments to the bill while it is still under review in the legislature.

ESA will begin an industry-wide awareness campaign that will impact state chapters and members throughout the United States to work in connection with security industry manufacturers and suppliers. These companies already have significant e-waste policies and standards for the disposal of electronics and other devices. Each month, ESA will include current e-waste issues in its report on state legislation. Additionally, e-waste will be covered as a topic at the upcoming Board of Directors meeting in June at ESX in Nashville.

Look in the next edition of ESA’s Newsline magazine for more information.

Tags:  Government Relations  legislation 

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