Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 217 (2025GS)

Sponsor

Sen. Harper, Wayne A.

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines "community collection event";
• requires a manufacturer of a consumer electronic device to develop a public education program about a collection, reuse, or recycling program for a consumer electronic device;
• requires the Department of Environmental Quality (department) to develop a public education program related to electronic and other waste;
• requires the department to publish information related to recycling programs and recycling resources on the department's website;
• removes an exception for the department to charge more than one fee for the same solid waste; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

14
19-6-119
19-6-1202
19-6-1203
19-6-1204
19-6-1205
0
Recycling and Waste Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne A. Harper
House Sponsor: Jason B. Kyle
LONG TITLE
General Description:
This bill addresses issues related to the disposal and recycling of electronic and solid waste.
Highlighted Provisions:
This bill:
defines "community collection event";
requires a manufacturer of a consumer electronic device to develop a public education 
program about a collection, reuse, or recycling program for a consumer electronic device;
requires the Department of Environmental Quality (department) to develop a public 
education program related to electronic and other waste;
requires the department to publish information related to recycling programs and 
recycling resources on the department's website;
removes an exception for the department to charge more than one fee for the same solid 
waste; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
19-6-119
, 
Effective 
07/01/26
 as last amended by Laws of Utah 2021, Chapter 64
19-6-1202
, 
Effective 
05/07/25
 as enacted by Laws of Utah 2011, Chapter 213
19-6-1203
, 
Effective 
05/07/25
 as last amended by Laws of Utah 2016, Chapters 13, 143
19-6-1204
, 
Effective 
07/01/26
 as enacted by Laws of Utah 2011, Chapter 213
19-6-1205
, 
Effective 
05/07/25
 as enacted by Laws of Utah 2011, Chapter 213
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
19-6-119
 is amended to read:
19-6-119
Effective 
07/01/26
. Nonhazardous solid waste disposal fees.
(1)
(a)
Through December 31, 2018, and except as provided in Subsection 
(4)
, the owner 
or operator of a commercial nonhazardous solid waste disposal facility or incinerator 
shall pay the following fees for waste received for treatment or disposal at the facility 
if the facility or incinerator is required to have operation plan approval under Section 
19-6-108
 and primarily receives waste generated by off-site sources not owned, 
controlled, or operated by the facility or site owner or operator:
(i)
13 cents per ton on all municipal waste and municipal incinerator ash;
(ii)
50 cents per ton on the following wastes if the facility disposes of one or more of 
the following wastes in a cell exclusively designated for the waste being disposed:
(A)
construction waste or demolition waste;
(B)
yard waste, including vegetative matter resulting from landscaping, land 
maintenance, and land clearing operations;
(C)
dead animals;
(D)
waste tires and materials derived from waste tires disposed of in accordance 
with 
Title 19, Chapter 6, Part 8, Waste Tire Recycling Act
; and
(E)
petroleum contaminated soils that are approved by the director; and
(iii)
$2.50 per ton on:
(A)
all nonhazardous solid waste not described in Subsections 
(1)(a)(i)
 and 
(ii)
; 
and
(B)
(I)
fly ash waste;
(II)
bottom ash waste;
(III)
slag waste;
(IV)
flue gas emission control waste generated primarily from the combustion 
of coal or other fossil fuels;
(V)
waste from the extraction, beneficiation, and processing of ores and 
minerals; and
(VI)
cement kiln dust wastes.
(b)
A commercial nonhazardous solid waste disposal facility or incinerator subject to the 
fees under Subsection 
(1)(a)(i)
 or 
(ii)
 is not subject to the fee under Subsection 
(1)(a)(iii)
 for those wastes described in Subsections 
(1)(a)(i)
 and 
(ii)
.
(c)
The owner or operator of a facility described in Subsection 
19-6-102(3)(b)(iii)
 shall 
pay a fee of 13 cents per ton on all municipal waste received for disposal at the 
facility.
(2)
(a)
Through December 31, 2018, and except as provided in Subsections 
(2)(c)
 and 
(4)
, 
a waste facility that is owned by a political subdivision shall pay the following annual 
facility fee to the department by January 15 of each year:
(i)
$800 if the facility receives 5,000 or more but fewer than 10,000 tons of municipal 
waste each year;
(ii)
$1,450 if the facility receives 10,000 or more but fewer than 20,000 tons of 
municipal waste each year;
(iii)
$3,850 if the facility receives 20,000 or more but fewer than 50,000 tons of 
municipal waste each year;
(iv)
$12,250 if the facility receives 50,000 or more but fewer than 100,000 tons of 
municipal waste each year;
(v)
$14,700 if the facility receives 100,000 or more but fewer than 200,000 tons of 
municipal waste each year;
(vi)
$33,000 if the facility receives 200,000 or more but fewer than 500,000 tons of 
municipal waste each year; and
(vii)
$66,000 if the facility receives 500,000 or more tons of municipal waste each 
year.
(b)
The fee identified in Subsection 
(2)(a)
 for 2018 shall be paid by January 15, 2019.
(c)
Through December 31, 2018, and except as provided in Subsection 
(4)
, a waste 
facility that is owned by a political subdivision shall pay $2.50 per ton for:
(i)
nonhazardous solid waste that is not a waste described in Subsection 
(1)(a)(i)
 or 
(ii)
 received for disposal if the waste is:
(A)
generated outside the boundaries of the political subdivision; and
(B)
received from a single generator and exceeds 500 tons in a calendar year; and
(ii)
waste described in Subsection 
(1)(a)(iii)(B)
 received for disposal if the waste is:
(A)
generated outside the boundaries of the political subdivision; and
(B)
received from a single generator and exceeds 500 tons in a calendar year.
(d)
Waste received at a facility owned by a political subdivision under Subsection 
(2)(c)
may not be counted as part of the total tonnage received by the facility under 
Subsection 
(2)(a)
.
(3)
(a)
As used in this Subsection 
(3)
:
(i)
"Recycling center" means a facility that extracts valuable materials from a waste 
stream or transforms or remanufactures the material into a usable form that has 
demonstrated or potential market value.
(ii)
"Transfer station" means a permanent, fixed, supplemental collection and 
transportation facility that is used to deposit collected solid waste from off-site 
into a transfer vehicle for transport to a solid waste handling or disposal facility.
(b)
Through December 31, 2018, and except as provided in Subsection 
(4)
, the owner or 
operator of a transfer station or recycling center shall pay to the department the 
following fees on waste sent for disposal to a nonhazardous solid waste disposal or 
treatment facility that is not subject to a fee under this section:
(i)
$1.25 per ton on:
(A)
all nonhazardous solid waste; and
(B)
waste described in Subsection 
(1)(a)(iii)(B)
;
(ii)
10 cents per ton on all construction and demolition waste; and
(iii)
5 cents per ton on all municipal waste or municipal incinerator ash.
(c)
Wastes subject to fees under Subsection 
(3)(b)(ii)
 or 
(iii)
 are not subject to the fee 
required under Subsection 
(3)(b)(i)
.
(4)
The owner or operator of a waste disposal facility that receives nonhazardous solid 
waste described in Subsection 
(1)(a)(iii)(B)
 is not required to pay any fee on those 
nonhazardous solid wastes if received solely for the purpose of recycling, reuse, or 
reprocessing.
(5)
Through December 31, 2018, and except as provided in Subsection 
(2)(a)
, a facility 
required to pay fees under this section shall:
(a)
calculate the fees by multiplying the total tonnage of nonhazardous solid waste 
received during the calendar month, computed to the first decimal place, by the 
required fee rate;
(b)
pay the fees imposed by this section to the department by the 15th day of the month 
following the month in which the fees accrued; and
(c)
with the fees required under Subsection 
(6)(b)
, submit to the department, on a form 
prescribed by the department, information that verifies the amount of nonhazardous 
solid waste received and the fees that the owner or operator is required to pay.
(6)
(a)
In accordance with Section 
63J-1-504
, on or before July 1, 2018, and each fiscal 
year thereafter
 and on or before the start of each fiscal year
, the department shall 
establish a fee schedule for the treatment, transfer, and disposal of all nonhazardous 
solid waste.
(b)
The department shall, before establishing the annual fee schedule described in 
Subsection 
(6)(a)
, consult with industry and local government and complete a review 
of program costs and indirect costs of regulating nonhazardous solid waste in the 
state and use the findings of the review to create the fee schedule.
(c)
The fee schedule described in Subsection 
(6)(a)
 shall:
(i)
create an equitable and fair, though not necessarily equal or uniform, fee to be 
paid by all persons whose treatment, transfer, or disposal of nonhazardous solid 
waste creates a regulatory burden to the department, based on the actual cost, and 
taking into consideration whether the owner or operator of a facility elects to 
self-inspect under Section 
19-6-109
, except as provided in Subsection 
(6)(d)
;
(ii)
cover the fully burdened costs of the program and provide for reasonable and 
timely oversight by the department;
(iii)
adequately meet the needs of industry, local government, and the department, 
including enabling the department to employ the appropriate number of qualified 
personnel to appropriately oversee industry and local government regulation;
(iv)
provide stable funding for the Environmental Quality Restricted Account created 
in Section 
19-1-108
; and
(v)
for solid waste managed at a transfer facility, be no greater than the cost 
of 
regulatory services provided to 
to the division to inspect 
the transfer facility.
(d)
Any person who treats, transfers, stores, or disposes of solid waste from the 
extraction, beneficiation, and processing of ores and minerals on a site owned, 
controlled, or operated by that person may not be charged a fee under this section for 
the treatment, transfer, storage, or disposal of solid waste from the extraction, 
beneficiation, and processing of ores and minerals that are generated:
(i)
on-site by the person; or
(ii)
by off-site sources owned, controlled, or operated by the person.
(e)
The fees in the fee schedule established by Subsection 
(6)(a)
 shall take effect on 
January 1
, 2019
 of each year
.
(7)
On and after January 1, 2019, a
A
 facility required to pay fees under this section shall:
(a)
pay the fees imposed by this section to the department by the 15th day of the month 
following the quarter in which the fees accrued; and
(b)
with the fees required under Subsection 
(7)(a)
, submit to the department, on a form 
prescribed by the department, information that verifies the amount of nonhazardous 
solid waste received and the fees that the owner or operator is required to pay.
(8)
In setting the fee schedule described in Subsection 
(6)(a)
, the department shall ensure 
that a party is not charged multiple fees for the same solid waste
, except the department 
may charge a separate fee for a transfer station
.
(9)
The department shall:
(a)
deposit all fees received under this section into the Environmental Quality Restricted 
Account created in Section 
19-1-108
; and
(b)
in preparing its budget for the governor and the Legislature, separately indicate the 
amount of the department's budget necessary to administer the solid and hazardous 
waste program established by this part.
(10)
The department may contract or agree with a county to assist in performing 
nonhazardous solid waste management activities, including agreements for:
(a)
the development of a solid waste management plan required under Section 
17-15-23
; 
and
(b)
pass-through of available funding.
(11)
This section does not exempt any facility from applicable regulation under the Atomic 
Energy Act, 42 U.S.C. Sec. 2014 and 2021 through 2114.
(12)
The department shall report to the Natural Resources, Agriculture, and Environment 
Interim Committee by November 30, 2017, on the fee schedule described in Subsection 
(6)(a)
.
Section 2, Section 
19-6-1202
 is amended to read:
19-6-1202
Effective 
05/07/25
. Definitions.
As used in this part:
(1)
"Collection":
(a)
means the aggregation of consumer electronic devices from consumers; and
(b)
includes all the activities up to the time a consumer electronic device is delivered to a 
recycler.
(2)
"Community collection event" means a scheduled event for a member of the public to 
dispose of or recycle:
(a)
a consumer electronic device or other electronic waste;
(b)
green or organic waste;
(c)
hazardous waste as that term is defined in Section 
19-6-102
; or
(d)
an item not considered household waste that is difficult to dispose of or recycle.
(2)
(3)
(a)
"Computer" means an electronic, magnetic, optical, electrochemical, or other 
high-speed data processing device performing a logical, arithmetic, or storage 
function, including:
(i)
a laptop computer;
(ii)
a desktop computer; or
(iii)
a tablet computer.
(b)
"Computer" includes the following permanently affixed to or incorporated into a 
device described in Subsection 
(2)(a)
(3)(a)
:
(i)
a cable cord;
(ii)
permanent wiring;
(iii)
a central processing unit; or
(iv)
a monitor.
(c)
"Computer" does not include an automated typewriter or typesetter, a portable 
hand-held calculator, a portable digital assistant, a server, or similar device.
(3)
(4)
"Consumer" means a person who owns or uses a covered electronic device that is 
purchased primarily for personal or home business use.
(4)
(5)
"Consumer electronic device" means the following products sold to a consumer:
(a)
a computer;
(b)
a computer peripheral;
(c)
a television; or
(d)
a television peripheral.
(5)
(6)
"Eligible program" means a collection, reuse, or recycling system for a consumer 
electronic device, including:
(a)
a system by which a manufacturer, manufacturer's designee, or other private entity 
offers a consumer an option to return a consumer electronic device by mail;
(b)
a system using a physical collection site that a manufacturer, manufacturer's 
designee, or other private or public entity provides for a consumer to return a covered 
consumer electronic device; or
(c)
a system that uses a collection event held by a manufacturer, manufacturer's 
designee, or other private or public entity at which a consumer may return a 
consumer electronic device.
(6)
(7)
"Manufacturer" means a person who:
(a)
manufactures a consumer electronic device under a brand the person owns or is 
licensed to use; or
(b)
assumes the responsibilities and obligations of a person described in Subsection 
(6)(a)
(7)(a)
.
(7)
(8)
"Peripheral" means a keyboard, printer, or other device that:
(a)
is sold exclusively for external use with a television or computer; and
(b)
provides input into or output from a television or computer.
(8)
(9)
(a)
"Recycling" means the process of collecting and preparing electronic 
products for:
(i)
use in a manufacturing process; or
(ii)
recovery of reusable materials followed by delivery of reusable materials for use.
(b)
"Recycling" does not include destruction by incineration, waste-to-energy 
incineration, or other similar processes or land disposal.
(9)
(10)
"Reuse" means electronic waste:
(a)
that is tested and determined to be in good working order; and
(b)
that is removed from the waste stream to use for the same purpose for which it was 
manufactured, including the continued use of the whole system or components.
(10)
(11)
(a)
"Sell" or "sale" means any transfer for consideration of title or of the right 
to use by lease or sales contract of a consumer electronic device to a consumer.
(b)
"Sell" or "sale" does not include:
(i)
the sale, resale, lease, or transfer of used consumer electronic devices; or
(ii)
a manufacturer's or a distributor's wholesale transaction with a distributor or 
retailer involving a consumer electronic device.
(11)
(12)
"Television" means a display system primarily intended to receive video 
programming via broadcast, cable, or satellite transmission.
Section 3, Section 
19-6-1203
 is amended to read:
19-6-1203
Effective 
05/07/25
. Reporting requirements.
(1)
On or after July 1, 2011, a
A
 manufacturer may not offer a consumer electronic device 
for sale in the state unless the manufacturer, either individually, through a group 
manufacturer organization, or through the manufacturer's industry trade group, prepares 
and submits, subject to Subsection 
(2)
, a report on or before August 1 of each year to the 
department.
(2)
The report required under Subsection 
(1)
:
(a)
shall include a list of eligible programs, subject to Subsection 
(3)
; and
(b)
may include:
(i)
an existing collection, transportation, or recycling system for a consumer 
electronic device; and
(ii)
an eligible program offered by:
(A)
a consumer electronic device recycler;
(B)
a consumer electronic device repair shop;
(C)
a recycler of other commodities;
(D)
a reuse organization;
(E)
a not-for-profit corporation;
(F)
a retailer; or
(G)
another similar operation, including a local government collection event.
(3)
The list required in Subsection 
(2)(a)
 may be in the form of a geographic map 
identifying the type and location of an eligible program.
Section 4, Section 
19-6-1204
 is amended to read:
19-6-1204
Effective 
07/01/26
. Public education programs -- Publication on 
department website.
(1)
Effective January 1, 2012, a
A
 manufacturer may not offer a consumer electronic 
device for sale in the state unless the manufacturer individually, through a group 
manufacturer organization, or through the manufacturer's industry trade group 
establishes and implements
, in accordance with Subsection 
(2)
, a public education 
program regarding the eligible programs
 a public education program in accordance with 
Subsection 
(2)
.
(2)
(a)
The public education program required under Subsection 
(1)
 shall:
(i)
inform a consumer about eligible programs; and
(ii)
use manufacturer-developed customer outreach materials, such as packaging 
inserts, company websites, and other communication methods, to inform a 
consumer about eligible programs.
(b)
A manufacturer described in Subsection 
(1)
 shall work with the department and other 
interested parties to develop educational materials that inform consumers about an 
eligible program.
(3)
The department shall develop a public education program to:
(a)
promote eligible programs;
(b)
promote existing recycling resources in this state;
(c)
assist a manufacturer's public outreach program in accordance with Subsection 
(2)(b)
;
(d)
encourage a retailer to inform a consumer of eligible programs at the point of sale of 
a consumer electronic device; and
(e)
support a local government or other entity interested in creating a community 
collection event.
(4)
The department shall publish on the department's website:
(a)
the public education program developed by the department under Subsection 
(3)
;
(b)
a community collection event submitted to the department under Subsection 
19-6-1205(2)
; and
(c)
a report received by the department under Section 
19-6-1203
.
Section 5, Section 
19-6-1205
 is amended to read:
19-6-1205
Effective 
05/07/25
. Local government arrangement -- Community 
collection event publication.
(1)
If a local government enters into an arrangement with a manufacturer to facilitate 
consumer electronics recycling in accordance with this part, the local government may 
enter into the arrangement without requiring a request for proposal or similar 
competitive procurement process required by law.
(2)
(a)
A local government may submit a community collection event to the department 
for publication on the department's website as described in Subsection 
19-6-1204(4)
.
(b)
To publish a community collection event on the department's website, a local 
government or person shall provide the following information to the department:
(i)
the location of the community collection event;
(ii)
a description of a consumer electronic device accepted for recycling;
(iii)
hours of operation for the community collection event; and
(iv)
other relevant information as requested by the department.
Section 6. 
Effective Date.
(1)
Except as provided in Subsection (2), this bill takes effect May 7, 2025.
(2)
The actions affecting Sections 
19-6-119
 and 
19-6-1204
 take effect on July 1, 2026.
3-14-25 1:25 PM