ReMA Adopts Position on Electronic Reporting

The position is a reflection of the industry’s intent to be part of the solution to metals theft with recognition that law enforcement in many states and localities have embraced electronic reporting as a highly desired tool.  However, there is no change in ISRI’s position that any such system must protect the legal rights of recyclers reporting the data and cannot impose a legal relationship onto recyclers with the data vendor.  ISRI opposes any reporting requirement that would compel recyclers to waive legal rights or proprietary interests to use the state-mandated system.

Acknowledging that the subject matter of the new policy position covers such an inherently state and local issue the new policy provides an option for ReMA Chapters, or individual states, to “opt-out” of advocating for electronic reporting. You may read a copy of the national policy position as adopted by the ReMA Board of Directors on July 16, 2015 which is posted on the ReMA website.

If a chapter, or state within a chapter, desires to pursue the “opt-out” contingency in the policy, the chapter leadership should follow its normal practice for making major decisions.  Typically, this involves a decision by the chapter board of directors. However, if your Chapter’s bylaws provide a different method for voting on major decisions you should proceed to follow that process for determining whether the chapter wishes to “opt-out” of the policy. 

If the chapter elects to “opt-out” of the national policy on electronic reporting, the chapter should send a formal notice to ReMA President Robin Wiener.  Such notice can be in the form of the meeting minutes from the meeting at which the decision was made and contain at a minimum:

• The chapter’s official decision;
• The date the decision was made;
• A short summary of the rationale for electing to “opt-out” of the national policy;
• Indication of whether the decision was unanimous, or the final vote count if it was not unanimous; and
• The signature of the Chapter Secretary or Chapter President attesting to the fact that the minutes accurately reflect the action(s) taken at the meeting.

If the members in a state within a particular chapter elect to “opt-out” but the chapter has not chosen to do so, the ReMA members within that state must first notify the chapter of their desire to “opt-out” along with an explanation for the decision.  Upon approval of the Chapter, the chapter president shall forward the “opt-out” notice to ReMA President Robin Wiener with a statement that the chapter received and approved the state’s election to “opt-out” of the National policy.  In addition to the information required in the minutes of the meeting where the Chapter votes to allow the state to “opt out” (as set forth above) the following additional information should be included:

• How the ReMA members in the state collectively make decisions (i.e., is the decision coming out of a Chapter legislative committee for that state, a state recycling organization that contains non-ISRI members);
• Certification that all ReMA members in the state were consulted and involved in the decision-making process;
• The date the state’s decision was made;
• A short summary of the rationale for the state electing to “opt-out” of the national policy;
• Indication of whether the decision at the state level was unanimous, or the final vote count if it was not unanimous; and
• A copy of the minutes from the meeting at which the state decision was made along with The signature of the leader of the state group attesting to the fact that the minutes accurately reflect the action(s) taken at the meeting.

ISRI Position on Electronic Reporting

As Adopted by the ReMA Board of Directors on July 16, 2015

Except where a Chapter or state has elected to opt out, ReMA supports the limited use of electronic reporting, provided the law is written in such a way as to restrict data reporting to the specific requirements of the law.  The law must specifically state that –

• Strict confidentiality will be maintained with regard to any data submitted to the data reporting system,
• The recycler cannot be compelled to waive any legal rights or proprietary interests in and to the data as a condition of access to and use of the designated reporting system.
• Any user agreement imposed by the system operator shall:
  • Have strict security, confidentiality and liability provisions for data providers that are equal or greater to those the contractor agrees to provide in its contract with the government, and indemnify data providers in the case of a data breach, backed by appropriate data protection insurance.
  • Ensure the data provider retains ownership of its data; the contractor may not take ownership of or require data providers to grant contractor a license of any kind.
  • Require contractor to provide data providers with notice if there is a breach or if a subpoena has been issued for the data provider’s business information.