MISSISSIPPI LEGISLATURE
2004 Regular Session
To: Environment Prot, Cons and Water Res
By: Senator(s) Dawkins
AN ACT TO PROVIDE A PROGRAM FOR THE RECYCLING AND DISPOSAL OF COMPUTER AND ELECTRONIC SOLID WASTE; TO REQUIRE EACH STATE AGENCY TO IMPLEMENT SUCH PROGRAM; TO PROVIDE FOR THE SALE OR DONATION OF SUCH EQUIPMENT; TO CREATE A COMPUTER AND ELECTRONIC RECYCLING FUND; TO PROVIDE FOR THE DISBURSEMENT OF FUND PROCEEDS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Mississippi Computer and Electronic Solid Waste Management Act."
SECTION 2. The Legislature finds that computer and electronic solid waste is among the fastest growing and most toxic segments of Mississippi's solid waste stream. The state must frequently upgrade and replace computers, telecommunication devices and other technologically sophisticated equipment necessary to the efficient operation of state government. The necessary purchase of up-to-date computers, telecommunication devices and other technological equipment for state government use often results in a surplus of existing equipment that, while unfit for state government purposes, is still useful and marketable for less complex and less high-speed dependent use.
Surplus equipment is generally stored by the owner agency until the equipment is cleared of all government software and files.
There are disposal and recycling options other than landfill disposal to address this problem, including parts harvesting, reuse, resale, donation and demanufacturing.
This act is intended to:
(a) Achieve the maximum possible benefit from use of state agency owned computers, electronics and peripherals;
(b) Achieve maximum benefit from sale of surplus state agency assets; and
(c) Protect the public health, safety and the environment by mandating steps be taken to address the solid waste management of computers and other electronic solid waste statewide.
SECTION 3. As used in this act, unless the context otherwise requires:
(a) "Agency" means every department, division, office, board, commission and institution of this state, including state-supported institutions of higher education;
(b) "Computer" means a programmable electronic machine that performs high-speed mathematical or logical operations or that assembles, stores, correlates or otherwise processes information.
(c) "Demanufacturing" means end of life disposition of electronic devices and computers; and includes recovery of hard drives and chips with resale value, the removal of commodities, such as copper, aluminum and gold for sale to scrap consumers, the removal and hazardous waste disposal of toxins and heavy metals, and the shredding or melting of materials that can be sold and manufactured into new products;
(d) "Disposal" means the discharge, deposit, injection, dumping, spilling, leakage, placing or dumping of any computer or electronic waste into or on any land or water in whatever manner so that the waste or any constituent thereof might enter the environment or be emitted into the air or be discharged into the waters of the state, including groundwaters;
(e) "Electronics" means devices utilizing electrons and electric circuits, including household appliances, televisions, recording and playing devices for music or video tapes, compact discs and digital technology;
(f) "Fund" means the Electronic Equipment Recycling Fund established by this act;
(g) "Recycle" means the use of previously manufactured materials, including metals, glass and plastics in the manufacture of new products;
(h) "Reuse" means use of electronics, computers and equipment for harvesting of spare parts, resale or donation; and
(i) "Surplus computer equipment" means computer components no longer in use in an agency and which have residual market value.
SECTION 4. (1) Each agency shall prepare and implement an agency-wide policy for the management and sale of agency surplus computer equipment and electronics.
(2) The policy shall mandate that all hard drives of surplus computer equipment be degaussed, cleared of all data, software and be otherwise prepared for sale within ninety (90) days after replacement.
(3) (a) The policy may provide that computers and electronic equipment first be offered for sale to the primary agency user of the individual computer within thirty (30) days after degaussing of the hard drive.
(b) The policy may provide that computers be secondarily offered for sale to other agency employees forty-five (45) days after degaussing of the hard drive.
(4) (a) The policy shall allow each agency to keep a back stock of computer hardware and electronics for the purpose of parts harvesting for the repair, maintenance and upgrade of computers in use.
(b) Back stock shall not exceed ten percent (10%) of the number of state employee computers in the agency.
(5) The policy shall include a provision that state employees purchasing state agency computers and electronic equipment accept the computer or equipment on an "as is" basis, without any warranty of any kind by the agency.
(6) Each agency shall prepare a plan to account for the sale of used equipment and present that plan for review to the Department of Finance and Administration no later than September 1, 2004.
SECTION 5. (1) If an agency policy established under Section 4 of this act provides for the preferential sale of surplus computer and electronic equipment to agency employees, that computer and electronic equipment shall be sold at a price not less than ten percent (10%) above depreciated value as determined by the Department of Finance and Administration.
(2) If an agency policy established under Section 4 of this act provides for the preferential sale of surplus computer and electronic equipment to public schools, that computer and electronic equipment shall be sold at a price not less than five percent (5%) above depreciated value as determined by the Department of Finance and Administration.
SECTION 6. (1) Unsold surplus computer and electronic equipment may be donated by the owning agency to public schools if the agency policy so provides.
(2) Public schools are not required to, but may choose to, accept unsold surplus computer and electronic equipment donated by the owning agency.
(3) Unsold surplus computer equipment may be sent to the Office of Surplus Property of the Department of Finance and Administration for sale, auction, recycling, donation, demanufacturing or disposal.
(4) Alternatively the agency may maintain possession of computers and electronics and allow the Office of Surplus Property of the Department of Finance and Administration to sell or auction the computer or electronic equipment via an Internet website.
SECTION 7. Funds generated from the sale of agency surplus computer and electronic equipment to state employees, public schools or by other sale shall be allocated as follows:
(1) If the sale of surplus computer or electronic equipment is made within the agency:
(a) Sixty percent (60%) of the proceeds shall be returned to the owning agency;
(b) Fifteen percent (15%) of the proceeds shall be deposited with the Office of Surplus Property of the Department of Finance and Administration; and
(c) Twenty-five percent (25%) of the proceeds shall be deposited in the Computer and Electronic Recycling Fund established by this act.
(2) If the sale of surplus computer or electronic equipment is outside the agency and conducted by the Office of Surplus Property of the Department of Finance and Administration:
(a) Fifty percent (50%) of the proceeds shall be returned to the owning agency;
(b) Twenty-five percent (25%) of the proceeds shall be deposited with the Office of Surplus Property of the Department of Finance and Administration; and
(c) Twenty-five percent (25%) of the proceeds shall be deposited in the Computer and Electronic Recycling Fund established by this act.
SECTION 8. (1) There is established a fund to be known as the Computer and Electronic Recycling Fund.
(2) The Computer and Electronic Recycling Fund shall be administered by the Mississippi Department of Environmental Quality and may be used to:
(a) Promote market research and development grants to determine the most efficient means of collecting, transporting and processing scrap electronic equipment;
(b) Work with the Department of Finance and Administration to establish statewide contracts for computer and electronics recycling and demanufacturing businesses;
(c) Support and fund other measures necessary to implement and promote the recycling, donation, demanufacturing or disposal options for computers and electronic equipment.
SECTION 9. (1) Electronic equipment recycling grants must be awarded on the basis of written grant request proposals submitted to and approved by the Department of Environmental Quality.
(2) Grant requests shall be considered based upon the following criteria:
(a) The development of sustained processes for recovery, recycling and demaufacturing of scrap computers and electronics;
(b) Minimization and elimination of substantial volumes of this material as waste;
(c) Creation of jobs;
(d) Return of investment analysis; and
(e) Available funds.
SECTION 10. (1) The Department of Environmental Quality is directed to study the current and future solutions for long-term disposal options for the entire state to include:
(a) Parts harvesting;
(b) Reuse;
(c) Donation;
(d) Demanufacturing; and
(e) New and emerging technology solutions.
(2) This report is to be submitted to the Legislature for review upon completion.
SECTION 11. (1) The Department of Environmental Quality may establish and implement rules and regulations banning the disposal of all computer and electronic equipment in Mississippi landfills.
(2) The target date for the ban to become effective is no sooner than January 1, 2006.
SECTION 12. This act shall take effect and be in force from and after July 1, 2004.