Texas moves to require R2, e-Stewards certification

This does NOT look like a good trend starting! I just got this in a newsletter.

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

House Bill 3465 would require all e-scrap processors registered under the state program to be either R2 or e-Stewards certified. The bill passed unanimously out of the House Committee on Environmental Regulation and will likely be scheduled for a full vote of the House soon, according to Texas Campaign for the Environment.

"This is an important step towards making sure that the laws we passed on e-waste recycling actually promote recycling, not dumping," said Robin Schneider, TCE executive director. "Electronic waste is too hazardous and too valuable to leave to fly-by-night operators. This bill ensures a certain level of professionalism prevails in our e-cycling sector here in Texas."

how about if instead of this bill I volunteer to move here and pick up everything cause if people are just tossing computers and electronics on the sides of the road I will travel all day long picking up money lol theres a lot of miles to travel in texas but it would keep me busy and happy in the sun shine lol

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.

As usual, its about money. What big computer company is located in Texas? Dell. Robin Schneider, the TCE director, was largely involved with getting Dell's "reconnect" take back program started. Pretty interesting stuff.

Quote:

---

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. ??

Do you have to be a member of the state recycling program to legally recycle electronics? Here in Alberta, there is a province-wide recycling program also, but you don't have to be a member to do any electronics recycling. Here, if not a member of the program, it just means you don't get any of the govt. subsidies.

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.

In California, there is a distinction between recyclers and collectors. Collectors provide the recyclers with material to break down into various parts and components. I believe it states that collectors can remove things such as batteries and ink cartridges. I do not know if this applies to computer components or not, but basically removing something not normally done by the consumer is left to the recyclers.

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.

Quote:

---

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."

Quote:

---

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.

One day I think we will just 'rent' stuff.

Like I want a washing machine, so I go to the store & see what I want & 'buy' it. Its got a 5 year guarantee & if it works for longer than that, Good.
If it breaks within the 5 years, I call them up & they come & fix it, or replace it.

If it breaks after the 5 years, I call them & they come & pick it up & I go & buy a brand new one again.

The point is, is that 'They own it' as a physical object & during the time I use it, they still own it. I have just been paying for the use of it.

How they make it work for 5 years & what they do with it afterwards is their problem.

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....

Quote:

---

Originally Posted by auminer

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

---

Ok, I might give you that one.
It's kind of weird that they specifically say in the enforcement part "person who recycles or reuses computer equipment", but not in the applicability part.

Keep in mind I'm no lawyer, and I've spent less than few hours reading these laws.:D

I guess the big point is that if this passes, the big players, if they aren't already, must become certified. As more companies get certs the pressure will move down to the smaller players to get certs in order to keep their existing volume. As mentioned earlier, it results in more money for the cert orgs and less money for us.

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. v:)

Auminer, you are on the right track. This is one reason you see big price differences across buyers. Ewasted, for example buys silver RAM at a slightly lower price than gold RAM. Most other buyers pay 4 or 5.00 per pound. I think there is a bit of price fixing going on with some R2 certified companies(obviously not Ewasted). Example: Company A is R2 certified and can only sell to selected prefered downstream recyclers to maintain certification. Company B knows this, so they pay less. Company A can't sell to Company C because they are not a prefered downstream recycler.

This is all speculation of course, and I might not have any idea of what I am talking about.

Auminer... Sounds about right!

Ontario is in some hot water bunch of our e waste got sent to China, gotta love these green peace or e stewards for putting gps transmitters in Scrap and following it over seas.

I have an idea, stop sending precious metals to Asia and process it here and create some jobs, its cheaper to Scrap then it is to mine, only 40% of e waste is recovered here. I'm looking for the rest!!!!

If they put a GPS transmitter in my E-Waste I'd scrap it!!!

It's my understanding that this law has been voted on and it has unanimously been passed. I work for one of the third party registrars that can certify organizations to R2 and eStewards and we've already seen a large increase in registration requests here in Texas. Auminer, to a degree, you're correct that there are politics involved in some of the decision making, but let's hope that this particular mandate is for the best for our communities (and economy). You may work in a great organization that is doing all the right things, but you would be shocked by how many companies there are that operate with no regard for the environment or their stake holders. This mandate is intended to make life much more difficult for these types of organizations. Companies that are being responsible will also be effected by having to pay for a certification without making any major changes to their business, but it's a similar situation to healthcare coverage (the masses paying for the few). All companies have room to improve operations and their environmental footprint, regardless of how well they operate presently.

These types of federal or state mandates occur across lots of industries more often than one might think. Their intent is to improve the standard of living for the individuals effected by it.

I've read through all of the posts on this particular topic and there seems to be some confusion around the R2 and eStewards standards. These standards are a set of requirements that can be met in various ways (there's no cut and dry right, or wrong). Please feel free to contact me to discuss the standards and I also have access to various free tools to help you to implement a system that conforms to the requirements of eStewards and/or R2 to keep you in compliance. It doesn't have to be a painful experience and from the feedback I've received from my R2 clients, they've found they're able to win new business more easily with the certification and it's actually helped them to cut their operating costs by examining their procedures, and improving them.

Unless they have created a different bill or repackaged this one into other bills, HB 3465 hasn't seen any movement since May when it came out of the committee and was placed on the general calender.

As posted earlier:
Texas Legislature Online
Legiscan.com

Quote:

---

Originally Posted by auminer

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. v:)

---

Its a form of business that really seems to be in high gear: Professional Certifications. In the construction industry you got this "group" of people together that were bent on a certain ideal...ie: green building. So they wrote up all these articles and commentaries on their definition of what "green" construction should look like in order to save the earth. Then they appealed to politicians, who were just giddy at the thought of being a savior to the green movement. The politicians passed laws with those guidelines, then gave gov grants/loans/gifts (taxpayer money) to the original group to oversee the implementation of the laws and certification of the industry. They never picked up a 2x4 in their life, but they control what a contractor can and can not do on a job site. Amazing how we come up with ways to make money, eh?

Quote:

---

Originally Posted by GlenBroomfield

It's my understanding that this law has been voted on and it has unanimously been passed. I work for one of the third party registrars that can certify organizations to R2 and eStewards and we've already seen a large increase in registration requests here in Texas. Auminer, to a degree, you're correct that there are politics involved in some of the decision making, but let's hope that this particular mandate is for the best for our communities (and economy). You may work in a great organization that is doing all the right things, but you would be shocked by how many companies there are that operate with no regard for the environment or their stake holders. This mandate is intended to make life much more difficult for these types of organizations. Companies that are being responsible will also be effected by having to pay for a certification without making any major changes to their business, but it's a similar situation to healthcare coverage (the masses paying for the few). All companies have room to improve operations and their environmental footprint, regardless of how well they operate presently.

These types of federal or state mandates occur across lots of industries more often than one might think. Their intent is to improve the standard of living for the individuals effected by it.

I've read through all of the posts on this particular topic and there seems to be some confusion around the R2 and eStewards standards. These standards are a set of requirements that can be met in various ways (there's no cut and dry right, or wrong). Please feel free to contact me to discuss the standards and I also have access to various free tools to help you to implement a system that conforms to the requirements of eStewards and/or R2 to keep you in compliance. It doesn't have to be a painful experience and from the feedback I've received from my R2 clients, they've found they're able to win new business more easily with the certification and it's actually helped them to cut their operating costs by examining their procedures, and improving them.

---

Not to use this as an excuse to do the wrong thing, but wouldn't it be great if our government held our foreign trade partners to the same standards they hold our citizens? We send millions/billions/trillions of $$ of aid to countries that contribute more harm to the ecology than we do here at home. If it is so important for us here, why not make it as painless as possible? Why not do free training, free licensing, and free continuing education for corporations who get the certification? If the rewards are greater than the cost, shouldn't our government fund it? Make it mandatory with regular inspections to catch the "evildoers" who don't comply and fine them for not passing, but stop putting an undue financial burden on those in compliance.

Quote:

---

Originally Posted by learning more

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.

---

The law isn't really that complicated, what happens is what happened here...Someone takes only a "part" of a law and then applies a meaning to it. If you looked at the whole chapter and started at the beginning you would find most of your answers in "definitions"

Texas Health And Safety Code 361.952 - Definitions :: Lawserver

This chapter is TOTALLY geared to business that refurbish or bid on and sell used equipment. It's doesn't affect an individual using a computer for scrap.

Like another dude said, the particular bill didn't make it very far in the legislative process. I'm sure someone has more on it than me, though.

Also, how would it really affect you average e-scrapper? As for me, I'd still get it and ship it to a buyer on this site, since they pay much, much better than my local yards. Or is this law just going to make it harder to find e-scrap in the first place?

Indeed!

Quote:

---

Originally Posted by Phantoms001

The law isn't really that complicated, what happens is what happened here...Someone takes only a "part" of a law and then applies a meaning to it. If you looked at the whole chapter and started at the beginning you would find most of your answers in "definitions"

Texas Health And Safety Code 361.952 - Definitions :: Lawserver

This chapter is TOTALLY geared to business that refurbish or bid on and sell used equipment. It's doesn't affect an individual using a computer for scrap.

---

Disclaimer: It’s a lil’ late, and my brain is fried from the weekend; I’ve not put too much thought into the question, so please be merciful 🤣🤣.

Q: if this only applies to businesses then what’s to stop a business owner from refurbishing, selling, bidding under their name rather than under their business title so as to avoid this regulation? To me, that seems like the loophole, if you will. (Not to get into politics, but I don’t have anything against that at all: too many entities don’t support regular joes trying to earn a living or make extra money that they don’t know about or can’t profit from themselves) [if this is wrong, any part of it, I’m open for correction on it. The more I learn, the more I realize how much I didn’t know.]