By Ms. Spiliotis of Peabody, petition (accompanied by bill, House, No. 872) of Joyce A. Spiliotis for legislation to reduce electronic waste in the Commonwealth by increasing public knowledge and privacy protection.  Environment, Natural Resources and Agriculture.

The Commonwealth of Massachusetts

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PETITION OF:

Joyce A. Spiliotis

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In the Year Two Thousand and Seven.

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An Act reducing electronic waste in the Commonwealth by increasing public knowledge and privacy protection.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1: (a) This Act may be cited as the Electronic Waste Act.

(b) This Act aims to reduce harmful electronic waste by requiring computer manufacturers to provide consumers with information on the need for electronic waste recycling, electronic recycling options and ways to erase personal data from computers.

SECTION 2:  Section 2 of chapter 21C of the Massachusetts General Laws is hereby amended by inserting after the definition of “commissioner” the follow definitions:

“Computer”, an electronic, magnetic, optical, electrochemical, or other data processing device that quickly performs logical, arithmetic, or storage functions; includes both a computer central processing unit and a monitor; includes personal computers, desktop and portable computers.

“Computer manufacturer”, any person engaged in the manufacturing business of making computers, computer keyboards, computer speakers, and any and all other computer peripherals, including printers intended for use with computers.

SECTION 3:  Section 2 of chapter 21C of the Massachusetts General Laws is hereby amended by inserting after the definition of “division” the follow definition:

“Electronic recycling”, any process by which electronic devices, including computers, which would otherwise become solid waste or hazardous waste, are collected, separated, and processed for use as raw materials or products, or for disposal in any form that presents less harm, or threat of harm, to the environment than had the electronic devices not undergone the process.

SECTION 4:  Section 4 of chapter 21C of the Massachusetts General Laws is hereby amended by adding the following paragraph:

The department shall conduct a program that requires compliance with the following provisions:  (1) no person shall sell a computer unless the computer manufacturer includes information on electronic recycling pursuant to this paragraph; (2) the information shall clearly inform the purchaser of: the need for electronic recycling, any electronic recycling program the manufacturer has implemented that may apply to that computer, and how a purchaser can erase their personal data from the computer before recycling or donation; (3) the computer manufacturer shall print the information either on the computer packaging, in the computer’s user manual, or on a separate flyer or pamphlet included with the computer; (4) if the computer manufacturer does not have a relevant recycling program, the computer manufacturer shall provide information on an electronic recycling program available to the purchaser. The department shall monitor and evaluate the impact of this program and report its findings to the Executive Office of Environmental Affairs and Joint Committee on Environment, Natural Resources and Agriculture.