SSL Meeting December 2005 - ELA Comments
CSG Suggested State Legislation Committee
CSG Environmental Task Force
Electronic Waste Recycling
State Government Relations
Equipment Leasing Association
Electronic waste recycling is an issue that must be addressed by state governments. Simplicity, conciseness and ease of compliance should be the key features of legislation successfully attaining the common goals of environmentally sound policy.
For the business to business equipment leasing industry, California Senate Bill 20 was not an innovative approach
- It was written on a retail model foreign to commercial transactions and had to be amended to recognize the role of our industry
- Has been amended several times with more revisions coming
- No attempt was made to gain uniformity with neighboring states
- Exemptions are confusing and lessors have been required to send pictures of equipment to state government in attempts to obtain rulings
- For our industry, there is uncertainty over issues such as what constitutes refurbished electronic devices, who collects in transactions such as lease assignments and the sliding fee scale on nearly identical equipment
For equipment lessors, there was nothing innovative when California Senate Bill 20 placed a transaction fee at the check-out counter that funded new bureaucracy with no thought given the compliance problems created in the commercial sector.
This discussion of the California program occurs before the Council of State Governments - Eastern Region Conference has completed model legislation that should be considered at the same time. Maryland has also enacted an innovative approach worthy of review while Maine has an altogether unique program.
The California statute should not be considered absent concurrent review of model legislation from CSG-East which is a collaborative effort between northeast states and Canadian provinces seeking to address this topic from a different perspective.