Many industries struggle with advocacy because companies don’t believe they have much power to influence legislation. The IT asset disposition industry is continuously changing, and the many rules, regulations, and governing bodies can feel overwhelming, but even small companies have a seat at the legislation table. It’s about finding the right advocacy pathways. HOBI recently released Ep. 6 of the HOBI Conversations podcast, where HOBI President Craig Boswell returned to discuss the critical role of industry advocacy for ITAD providers. He covered several topics, including legislation to watch and ways to get involved. Today’s blog post functions as a playbook for those looking to utilize their seat at the table by breaking down several avenues of influence.
Utilizing Your Position
It’s easy to get caught up in the frustration of policy changes and legislation that negatively impact the industry, specifically your business. Legislation is often put in place with good intentions, but it isn’t always best for the industry because those on the floor and in the trenches don’t speak up.
Boswell recently stated on the HOBI Conversations podcast, “That doesn’t necessarily mean that those in charge of creating regulation or legislation understand the nuances of that business and how regulation changes can impact our businesses both positively and negatively. So it’s up to us to educate as they look at things.”
One example is the DMCA. The Digital Copyright Act was put in place to protect produced media from being pirated by preventing anyone from hacking or bypassing the software. While this was created with good intentions, it also prevents resellers from unlocking devices that are locked to carrier networks. Overall, this significantly restricts marketability.
Staying connected and involved with industry groups and organizations provides an avenue for advocacy that enables professionals to openly discuss pitfalls in certain legislation and help shape laws before they take effect to ensure they accomplish what they are trying to achieve. Several pathways of influence exist, including standard revision comment periods, state EPR rulemaking dockets, and trade association working groups.
Take Your Questions to Standard Revision Comment Periods
When industry certification bodies such as SERI, i-SIGMA, or the Global Electronics Council update their compliance frameworks, they typically open a public comment window lasting 30 to 60 days. This is the standard revision comment period. Standard revision comment periods are specifically designed to gather stakeholder feedback. This is where industry ensures guidelines remain realistic, secure, updated, and balanced. These revision periods primarily:
- Ensure technical and operational feasibility
- Balance industry consensus and prevent monopolies
- Review “sanctioned interpretations” and policy updates
- Align with evolving global regulations
Speaking up during public comment windows helps prevent a single interest group from dominating how e-waste or data destruction rules are written, keeps rules updated to match evolving technology, ensures clear language, and helps ensure new frameworks align with legal realities to protect ITAD clients from legal liability.
State EPR Rulemaking Dockets
When a state legislature passes an Extended Producer Responsibility (EPR) bill, it usually lacks the necessary technical details, so the state’s environmental agency opens a rulemaking docket to add missing definitions, fee structures, compliance requirements, and milestones. This is where you come in. For ITAD providers, electronics manufacturers, and advocacy groups, these rulemaking dockets help:
- Finalize “producer” definitions and exemptions
- Establish “eco-modulation” and fee structures
- Codify data security and recycling standards
- Set phased compliance targets and reporting deadlines
Participating in state EPR rulemaking dockets provides education and the opportunity to help iron out specific hierarchy rules, advocate for fee reductions, fight for the inclusion of formal industry certifications such as R2v3, and structure reporting deadlines.
Join Trade Association Working Groups
Another way to get involved is to join trade association working groups. These are specialized, collaborative committees within an industry trade group designed to solve specific technical, legal, or operational issues. What makes these groups unique is that they bring together competitors, legal counsel, and technical experts to combine resources and conduct research to help draft industry-wide regulations tailored to the needs of each problem area. In the ITAD industry, trade association working groups mainly:
- Develop unified policy and lobbying positions
- Craft best practices and voluntary standards
- Create shared educational resources and compliance frameworks
- Direct problem-solving with regulatory agencies
Committees and associations like The Circular Action Alliance (CAA), i-SIGMA / NAID, and E-Reuse Network / Repair Association are examples of working groups that advocate and work alongside other associations to structure, develop, and shape rules and regulations to fit industry needs while maintaining legal compliance requirements.
Change Your Vendor Contract Terms
Part of keeping up with industry rules and regulations to maintain compliance is making sure your downstream vendors are also following the rules. Responsibility is shifting from vendors to the companies disposing of IT assets. Once, blame fell squarely on ITAD vendors if anything went wrong, but now companies are held just as liable for improper disposal, even if it is technically the vendor’s fault. As a result, companies seeking ITAD partners need to enhance their screening process to ensure their downstream partners are also certified and compliant. Companies with existing contracts should re-evaluate terms and adjust any that don’t meet regulatory requirements.
Don’t Complain. Act.
You have a seat at the table, and these pathways let companies voice concerns and help establish clear-cut industry legislation that protects clients, data, and the environment without negatively impacting the businesses themselves. Proactive advocacy can actually influence the rules companies are audited against, and the right words can make a profound impact.
Compliance matters, and rules exist for a reason, but you can help shape how they are written. Contact HOBI at 877-814-2620 or sales@hobi.com to learn how you can help shape ITAD compliance policy and legislation.