2017 -- S 0888 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO HEALTH AND SAFETY -- ELECTRONIC WASTE PREVENTION, REUSE

AND RECYCLING ACT

     Introduced By: Senators Lombardo, Archambault, Sosnowski, Ruggerio, and Lombardi

     Date Introduced: May 11, 2017

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 23-24.10-3, 23-24.10-6, 23-24.10-8, 23-24.10-9, 23-24.10-10.1,

23-24.10-11 and 23-24.10-12 of the General Laws in Chapter 23-24.10 entitled "Electronic Waste

Prevention, Reuse and Recycling Act" are hereby amended to read as follows:

     23-24.10-3. Definitions.

     For the purposes of this chapter:

     (1) "Department" means the department of environmental management.

     (2) "Covered electronic products" means:

     (i) Computers (including central processing unit or CPU) as defined herein

     (ii) Computer monitors, including CRT monitors and flat panel monitors;

     (iii) Combination units (CPUs with monitors);

     (iv) Portable computers, such as tablets; and

     (v) Printers as defined in this section shall only be included as a "covered electronic

product" if/once the total amount of printers exceed twenty percent (20%) by weight of the total

returns of covered electronics as determined in §23-24.10-11 (a) 5 after January 1, 2020.

     (iv)(vi) Televisions including CRT-based and non-CRT-based televisions, plasma and

LCD, or any similar video display device with a screen greater than nine (9) inches diagonally

and that contains a circuit board; and

     (v)(vii) "Covered electronic products" does not mean a computer, television or video

display device that is: (a) a part of a motor vehicle or any component part of a motor vehicle

assembled by, or for, a vehicle manufacturer or franchised dealer, including replacement parts for

use in a motor vehicle; or (b) functionally or physically a part of, connected to or integrated

within a larger piece of equipment designed and intended for use in an industrial, governmental,

commercial, research and development, or medical setting, (including diagnostic, monitoring, or

other medical products as that term is defined under the Federal Food, Drug, and Cosmetic Act)

or equipment used for security, sensing, monitoring, or anti-terrorism purposes; or (c) contained

within a home appliance, clothes washer, clothes dryer, refrigerator, refrigerator and freezer,

microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, or

air purifier; or (d) a handheld device used to access commercial mobile radio service and/or

commercial mobile data service, as such service is defined in 47 CFR 20.3, or (e) a printer as

defined in subsection (ii) herein.

     (3) "Person" means an individual, trust, firm, joint stock company, corporation (including

a government corporation), partnership, association, the federal government or any agency or

subdivision thereof, a state, municipality, commission, political subdivision of a state, or any

interstate body.

     (4) "Computer" often referred to as a "personal computer" or "PC", means a desktop or

notebook computer as further defined below, but does not mean an automated typewriter,

electronic printer, mobile telephone, portable hand-held calculator, portable digital assistant

(PDA), MP3 player, or other similar device. "Computer" does not include computer peripherals,

commonly known as cables, mouse, or keyboard; computer servers marketed to professional

users; or retail store terminals or cash registers, used at customer checkout in the retail industry.

"Computer" is further defined to include:

     (i) "Desktop computer" means an electronic, magnetic, optical, electrochemical, or other

high speed data processing device performing logical, arithmetic, or storage functions for general

purpose needs which are met through interaction with a number of software programs contained

therein, and which is not designed to exclusively perform a specific type of logical, arithmetic or

storage function or other limited or specialized application. Human interface with a desktop

computer is achieved through a standalone keyboard, standalone monitor or other display unit,

and a standalone mouse or other pointing device, and is designed for a single user. A desktop

computer has a main unit that is intended to be persistently located in a single location, often on a

desk or on the floor. A desktop computer is not designed for portability and generally utilizes an

external monitor, keyboard, and mouse with an external or internal power supply for a power

source. Desktop computer does not include an automated typewriter or typesetter; or

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     (ii) "Notebook computer" means an electronic, magnetic, optical, electrochemical, or

other high-speed data processing device performing logical, arithmetic, or storage functions for

general purpose needs which are met through interaction with a number of software programs

contained therein, and which is not designed to exclusively perform a specific type of logical,

arithmetic or storage function or other limited or specialized application. Human interface with a

notebook computer is achieved through a keyboard, video display greater than nine inches (9") in

size, and mouse or other pointing device, all of which are contained within the construction of the

unit which comprises the notebook computer; supplemental standalone interface devices typically

can also be attached to the notebook computer. Notebook computers can use external, internal, or

batteries for a power source. Notebook computer does not include a portable handheld calculator,

or a portable digital assistant or similar specialized device. A notebook computer has an

incorporated video display greater than nine inches (9") in size and can be carried as one unit by

an individual. A notebook computer is sometimes referred to as a laptop and/or tablet computer.

     (5) "Corporation" means the Rhode Island resource recovery corporation created and

established pursuant to chapter 23-19 of the Rhode Island general laws.

     (6) "Manufacturer" means a person or entity who:

     (i) Has a physical presence and legal assets in the United States of America; and

     (A) Manufactures or manufactured a covered electronic product under a brand it owns; or

is or was licensed to use;

     (B) Sells or sold under a brand or label it owns or is or was licensed to use a covered

electronic product produced by other suppliers; or

     (C) Assumes the financial responsibility of manufacturer collection, transportation or

recycling as further defined herein; or

     (D) Imports or imported a covered electronic product into the United States that is

manufactured by a person without a presence in the United States; or

     (E) Sells at retail a covered electronic product acquired from an importer that is the

manufacturer as described in subsection (b) herein, and elects to register in lieu of the importer.

     (7) "Market share" means a television or printer manufacturers' national sales of

televisions or printers, respectively, expressed as a percentage of the total of all television or

printer manufacturers' national sales based on the best available public data.

     (8) "Market share by weight" means the minimum total weight of covered electronic

products, i.e. televisions and/or printers, that an individual manufacturer is responsible for

collecting, transporting and recycling.

     (8)(9) "Monitor" means a video display device without a tuner that can display pictures

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and sound and is used with a computer.

     (9)(10) "Orphan waste" means a covered electronic product, except a television, products

for which no manufacturer can be identified or the manufacturer is no longer a in business and no

successor business can be identified or a de minimis quantity of brands with no greater than one

percent (1%) market share or return share to be determined annually be the corporation.

     (10)(11) "Premium service" means services such as at-location system upgrade services

and at-home pickup services, including curbside pickup service.

     (11)(12) "Printer" means desktop printers, multifunction printer copiers, and printer/fax

combinations taken out of service that are designed to reside on a work surface, and include

various print technologies, including without limitation laser and LED (electrographic), ink jet,

dot matrix, thermal, and digital sublimation, and "multi-function" or "all-in-one" devices that

perform different tasks, including without limitation copying, scanning, faxing, and printing.

Printers do not include floor-standing printers, printers with optional floor stand, point of sale

(POS) receipt printers, household printers such as a calculator with printing capabilities or label

makers, or non-standalone printers that are embedded into products that are not covered

electronic products.

     (12)(13) "Retailer" means a person or entity who sells a covered electronic product in the

state to a consumer, "Retailer" includes, but is not limited to, a manufacturer of a covered

electronic product who sells directly to a consumer through any means, including, but not limited

to, transactions conducted through sales outlets, catalogs or the Internet, or any similar electronic

means, but not including leasing, commercial financing or wholesale transactions with a

distributor or other retailer.

     (13)(14) "Return share" means the minimum percentage share of covered electronic

products, except televisions and printers, that an individual manufacturer is responsible for

collecting, transporting and recycling.

     (14)(15) "Return share by weight" means the minimum total weight of covered electronic

products, except televisions and printers, that an individual manufacturer is responsible for

collecting, transporting and recycling.

     (15)(16) "Television" means any telecommunication system device that can broadcast or

receive moving pictures and sound over a distance and includes a television tuner or a display

device peripheral to a computer that contains a television tuner.

     (16)(17) "Video display devices" means and includes units capable of presenting images

electronically on a screen, with a viewable area greater than nine inches (9") when measured

diagonally, viewed by the user and may include cathode ray tubes, flat panel computer monitors,

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plasma displays, liquid crystal displays, rear and front enclosed projection devices, and other

similar displays that exist or may be developed.

     (17)(18) "State program" means a statewide program for collecting, transporting and

recycling covered electronic products that is provided by the resource recovery corporation for

manufacturers who pay a recycling fee.

     (18)(19) "Manufacturer program" means a statewide program for collecting, transporting,

and recycling covered electronic products that is provided by the manufacturer, either

individually or as a group.

     (19)(20) "Program year" means January 1 through December 31, also referred to as

"calendar year".

     (20)(21) "Collector" means a public or private entity that receives covered electronic

devices and arranges for the delivery of the devices to a recycler.

     (21)(22) "Recycler" means a public or private individual or entity who accepts covered

electronic devices directly from the public or from collectors for the purpose of recycling. A

manufacturer who takes products solely for refurbishment or repair is not a recycler. A recycler

may also be a collector if it meets the definition of a collector.

     23-24.10-6. Manufacturer individual financial responsibility.

     (a) On the effective date of this section, for covered electronic products other than

televisions and printers, manufacturers have individual financial responsibility for the collection,

transportation and recycling of their covered electronic products and adjusted share of orphan

waste which have been discarded by households or public and private elementary and secondary

schools in Rhode Island, including their return share of orphan waste.

     (b) On the effective date of this section, for televisions and printers, each television and

printer manufacturer has financial responsibility for the collection, transportation and recycling of

televisions and printers, respectively, and an adjusted share of orphan waste, which have been

discarded by households or public and private elementary and secondary schools in Rhode Island,

based on the television or printer manufacturer's market share.

     23-24.10-8. Labeling and registration requirements.

     (a) On and after the effective date of this section, a manufacturer or retailer may not sell

or offer for sale a covered electronic product in the state unless it is labeled with the

manufacturer's brand, and the label is permanently affixed and readily visible.

     (b) Registration. Before January 1 October 15 of each year, a manufacturer of covered

electronic products sold or offered for sale in this state shall register with the department for a

period to cover the upcoming calendar year, on a form provided by the department and pay a fee

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of five thousand dollars ($5,000) to the department. The registration shall include:

     (1) A list of all the brands manufactured, sold or imported by the manufacturer, including

those brands being offered for sale in this state by the manufacturer;

     (2) A statement of whether the manufacturer will be implementing a manufacturer

program or utilizing the state program for recycling covered electronic products; and

     (3) Any other information required by the department to implement this chapter.

     (c) By January 1, 2009, each manufacturer, as defined in §23-24.10-3, of new covered

electronic products offered for sale for delivery in this state shall register with the department and

pay to the department a registration fee of five thousand dollars ($5,000). Thereafter, if a

manufacturer has not previously filed a registration, the manufacturer shall file a registration with

the department prior to any offer for sale for delivery in this state of the manufacturer's new

covered electronic products and shall pay to the department a registration fee of five thousand

dollars ($5,000). Any manufacturer to whom the department provides notification of a return

share, return share in by weight, or market share or market share by weight pursuant to

subsections 23-24.10-12(d) and (e) and who has not previously filed a registration shall, within

thirty (30) days of receiving such notification, file a registration with the department and shall pay

to the department a registration fee of five thousand dollars ($5,000).

     (d) If a manufacturer has a return share or market share but has not sold units in the state

for three (3) years or more, the manufacturer is still required to register but is not required to pay

the five thousand dollar ($5,000) registration fee.

     (1) Each registered manufacturer shall submit an annual renewal of its registration to the

department by October 15 of each year and pay to the department a registration fee of five

thousand dollars ($5,000) by December 15 prior to the start of each program year.

     (2) The registration and each annual renewal shall include a list of all of the

manufacturer's brands of covered electronic products and shall be effective upon receipt by the

department.

     (3) All registration fees collected by the department shall be deposited in the

environmental response fund established pursuant to Rhode Island general laws § 23-19.1-23.

     (4) Manufacturers who no longer sell or deliver covered electronic products in the state

via POS or Internet but still have a return or market share must register with the department but

shall not be required to pay the five thousand dollar ($5,000) registration fee but shall be required

to bear manufacturer responsibility pursuant to §23-24.10-9.

     23-24.10-9. Manufacturer responsibility.

     (a) A manufacturer choosing to implement a manufacturer program shall submit a plan to

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the department by October 15 each year, by way of a template created by the department, with

two (2) years of possible renewable at the time of payment of the annual registration fee required

under subsection 23-24.10-8(c).

     (b) The manufacturer's plan must describe how the manufacturer will:

     (1) Finance, manage and conduct a statewide program to collect covered electronic

products from households and public and private elementary and secondary schools in this state;

     (2) Provide for environmentally sound management practices to collect, transport and

recycle covered electronic products;

     (3) Provide for advertising and promotion of collection opportunities statewide and on a

regular basis; and

     (4) Include convenient service statewide. Collection sites shall be staffed and open to the

public at a frequency adequate to meet the needs of the area being served. A program may

provide collection service jointly with another program and may include, but not be limited to,

mail back programs and collection events.

     (c) The plan shall include a statement disclosing whether: (1) any video display devices

sold in Rhode Island exceed the maximum concentration values established for lead, mercury,

cadmium, hexavalent chromium, polybrominated diphenyls (PBBs), and polybrominated

diphenyl ethers (PBDEs) under the RoHS (restricting the use of certain hazardous substances in

electrical and electronic equipment) directive 2002/95/EC of the European parliament and council

and any amendments there to enacted as of the date; or (2) the manufacturer has received an

exemption from one or more of those maximum concentration values under the RoHS directive

that has been approved and published by the European commission.

     (d) A manufacturer choosing to implement a manufacturer program shall:

     (1) Provide for collection, transportation and recycling of covered electronic products

from households and public and private elementary and secondary schools free of charge and a

manufacturer that provides premium service for a person may charge for the additional cost of

that premium service.

     (2) Implement the plan and provide a report quarterly reports to the department no later

than April 30, July 31, October 31 each year showing the progress of the plan to date, and a final

report shall be due February 1 of each year that details how the plan required under this section

was implemented during the previous calendar year on a reporting template as provided by the

department. This report shall include operating hours and quantities collected from each

collection location or collection event during the reporting period.

     (3) Conduct a statistically significant sampling or actual count of the covered electronic

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products collected and recycled by the manufacturer each calendar year using a methodology

approved by the department. The manufacturer shall report the results of the sampling or count to

the department no later than January 1 of the following calendar year. For all manufacturers,

excluding televisions manufactured, the report must include:

     (i) A list of all brands identified during the sampling or count by the manufacturer;

     (ii) The weight of covered electronic products identified for each brand during the

sampling or count; and

     (iii) The total weight of covered electronic products, including orphan waste if applicable,

collected from households and public and private elementary and secondary schools in the state

by the manufacturer during the previous calendar year.

     (e) A group of manufacturers, except television manufacturers, may choose to implement

a manufacturer program as one entity, if in doing so the manufacturers meet the sum of their

individual return shares by weight under subsection 23-24.10-12(d) and that sum is at least five

percent (5%). A group of television manufacturers may choose to implement a manufacturer

program as one entity, if in doing so the manufacturers meet the sum of their individual market

shares under subsection 23-24.10-12(d) and that share is at least five percent (5%).

     (f) By February 1 of each year, a manufacturer that does not meet ninety percent (90%)

of its share for the previous calendar year the manufacturer shall pay the corporation for the

amount under ninety percent (90%) not achieved at a rate determined and enforceable by the

department to be equivalent to the amount the manufacturer would have paid as defined under

subsection 23-24.10-11(d) plus ten percent (10%) to be paid to the department, and which shall

be the per ton pound fee for the prior year multiplied by the manufacturer's return share as

established prior to the start of the program year. The remaining variance shall be addressed and

reconciled in the plan's final report (pursuant to subsection (d) of this section) and an amended

plan shall also be submitted. Manufacturers are allowed a ten percent (10%) variance (over or

under collected) to be carried forward to the new plan year. Collections of greater than one

hundred ten percent (110%) will not be allowed to carry forward. The purchase of extra weight

between plans is allowed with prior approval of the department.

     (g) A manufacturer, except a television manufacturer, with less than a five percent (5%)

return share or market share is required to participate in the state program under § 23-24.10-11. A

television manufacturer that does not have an approved manufacturer's plan shall participate in

the state program under § 23-24.10-11.

     (h) A manufacturer participating in the state program under § 23-24.10-11 shall notify the

department at the time of its registration each year.

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     (i) By February April 1 of each year, a manufacturer that participates in the state program

shall pay a recycling fee to the corporation in an amount adopted by the department under § 23-

24.10-12 to cover the costs of collecting, transporting and recycling the manufacturer's annual

share of covered electronic products for the following year.

     (j) (1) A manufacturer program, the state program or a collector participating in a

manufacturer program or the state program may not charge a fee to households or public and

private elementary and secondary schools for the collection, transportation or recycling of those

any covered electronic products defined in §23-24.10-3.

     (2) A collector that provides a premium service to a person may charge for the additional

cost of providing the premium service.

     23-24.10-10.1. Collector and recycler responsibility.

     (a) Collector's registration. After July 31, 2010, no person or entity may operate as a

collector of covered electronic devices unless that person or entity has submitted a registration

with the department on a form prescribed by the director. Registration information must include

the name, address, telephone number, and location of the business, and a certification that the

collector has complied and will continue to comply with the requirements of this chapter and with

all program rules and regulations promulgated by the department and the corporation. A

registration is effective upon receipt by the department and is valid until December 31 of each

year. Collectors must register annually with the department.

     (b) Recycler's registration. After July 31, 2010, no person or entity may recycle covered

electronic devices unless that person has submitted a registration with the department on a form

prescribed by the director. Registration information must include the name, address, telephone

number, and location of all recycling facilities under the direct control of the recycler that may

receive covered electronic devices, and a certification that the recycler has complied and will

continue to comply with the requirements of this chapter and with all program rules and

regulations promulgated by the department and the corporation. A registered recycler may

conduct recycling activities that are consistent with this chapter. A registration is effective upon

receipt by the agency and is valid until December 31 of each year. Recyclers must register

annually with the department.

     (c) E-waste collected out of state shall be strictly prohibited from inclusion in programs

pursuant to this chapter.

     (c)(d) Nothing in this section shall be deemed to circumvent the department's existing

authority under Rhode Island general laws chapter 23-19.1 or regulations promulgated thereto.

     23-24.10-11. Rhode Island resource recovery corporation responsibility.

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     (a) The corporation shall establish a state program for the collection, transportation and

recycling of covered electronic products from households and public and private elementary and

secondary schools in this state. The state program shall be fully funded through the recycling fees

as defined in subsection (d) herein. The corporation shall annually by November 15 submit a plan

to the department for review and approval that will:

     (1) To the extent practicable, use existing local collection, transportation and recycling

infrastructure;

     (2) Use environmentally sound management practices as defined under subsection 23-

24.10-12(i) to collect, transport and recycle covered electronic products;

     (3) Provide for households and public and private elementary and secondary schools

convenient and available collection services and sites for covered electronic products in each

county of this state and collection services shall be free of charge for households and public and

private elementary and secondary schools;

     (4) Advertise and promote collection opportunities statewide and on a regular basis; and

     (5) Conduct a statistically significant sampling or actual count of the covered electronic

products collected and recycled by the state program during each calendar year using a

methodology approved by the department and prepare a report no later than March 1 of the

following calendar year that includes but is not limited to:

     (i) A list of all brands identified during the count;

     (ii) The weight of covered electronic products, except televisions, identified for each

brand during the count; and

     (iii) The total weight of covered electronic products, including orphan waste if applicable,

collected from households and public and private elementary and secondary schools in the state

by the state program during the previous calendar year.

     (6) Maintain on its website information on collection opportunities for covered electronic

products, including collection site locations and hours. The information must be made available

in a printable format for retailers.

     (b) Covered electronic products account fund. The corporation shall create the covered

electronic products account fund ("the fund"). Interest earned by the account shall be credited to

the account. Fees collected by the corporation under subsection (c) below shall be deposited in

the covered electronic products account fund. Moneys in the account are to be used only to pay

the costs of implementing this chapter operating the state program and enforcing the disposal ban

in § 23-24.10-5. The corporation shall include this account fund in its annual audit. the fund each

year, and surpluses Surpluses are to be credited on a pro rata basis to those manufacturers paying

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fees into and for the program year in which a surplus is generated, while deficits in the fund shall

be applied to the adjusted recycling fee in the second program year following the audited program

year.

     (c) The corporation shall determine the return share and return share by weight

responsibility for each calendar year for each manufacturer, except television and printer

manufacturers. The return share shall be determined by dividing the total weight of covered

electronic products of that manufacturer's return share brands by the total weight of covered

electronic products for all manufacturers' brands. The return share by weight shall be determined

by multiplying the return share for each such manufacturer by the total weight in of return share

pounds of covered electronic products as calculated by the corporation except televisions and

printers, including orphan waste, collected from households and public and private elementary

and secondary schools the previous calendar year as determined by the department.

     (1) For 2009 and 2010, determine the return share and return share by weight for each

manufacturer, except television manufacturers, based on the best available public return share

data and public weight data from within the United States for covered electronic products from

households and public and private elementary and secondary schools. For subsequent years, the

return share and return share weight of covered electronic products for each manufacturer shall be

based on the most recent annual sampling or count of covered electronic products. For subsequent

years, the total weight in pounds of covered electronic products shall be based on the total weight

of covered electronic products, including orphan waste, determined by the department.

     (2) Determine the market share and market share weight responsibility for each television

and printer manufacturer in accordance with subsection 23-24.10-3(7).

     (3) The corporation shall present the proposed return or market shares and weight

responsibility for each manufacturer to the department for review and approval on an annual basis

by November 1 August 15 of each year.

     (d) Determine the recycling fee to be paid by each manufacturer that participates in the

state program established pursuant to this section. The corporation shall determine the recycling

fees as follows:

     (1) For each manufacturer, except television manufacturers, the corporation shall

determine the recycling fee based on the manufacturer's annual return market share and return

market share by weight as determined under subsection (c) of this section. The fee shall be

calculated on a per pound basis and shall not exceed fifty cents ($.50) per pound must be

approved by the department.

     (2) By November 1 August 15 of each year, the corporation shall set the cost per pound

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for collection, transportation, and recycling of covered electronic products, except televisions, in

order to reasonably approximate market costs for these services, which cost per pound is used to

calculate the fee. The corporation may adjust such cost per pound in order to reasonably

approximate market costs for the collection, transportation, and recycling of covered electronic

products. Any deficits generated by the state program shall may be applied to the recycling fee

calculation for and in the second subsequent program year following the audited program year.

     (3) By November 1 of each year, for each television manufacturer that participates in the

state program the corporation shall determine, by regulation, the recycling fee based on a

television manufacturer's market share.

     (4) The corporation shall present the proposed recycling fees and any adjusted recycling

fees for each manufacturer to the department for review and approval.

     (e) Regulatory authority. The corporation may adopt such regulations as shall be

necessary to implement the provisions of this chapter.

     23-24.10-12. Department responsibility.

     The department shall:

     (a) By January 1, 2009, maintain Maintain and make available on its website the

following lists, which must be updated by the first day of each month:

     (1) A list of registered manufacturers and their brands;

     (2) A list of brands for which no manufacturer has registered; and

     (3) A list that identifies which manufacturers are in compliance with this chapter.

     (b) Review and approve manufacturer plans that comply with this chapter and are

submitted annually by manufacturers choosing to implement a manufacturer program for

recycling covered electronic products.

     (c) Review and approve the corporation's plan as established by § 23-24.10-11.

     (d) Review and adopt the return share and return share by weight for all manufacturers,

except television and printer manufacturers, for the following year as determined by the

corporation pursuant to § 23-24.10-11. The department shall review and adopt the market share

and market share by weight for all television and printer manufacturers for the following year as

determined by the corporation pursuant to § 23-24.10-11.

     (e) By January 1 September 15 of each year, notify each manufacturer that had a return

share determined under § 23-24.10-11 its return share and its return share by weight for the

following year. By January 1 September 15 of each year, notify each television and printer

manufacturer that had a market share determined under § 23-24.10-11 its market share and its

market share by weight for the following year.

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     (f) Review and adopt the recycling fee for all manufacturers as determined by the

corporation pursuant to § 23-24.10-11.

     (g) By November 1 September 15 prior to the program year for which a revised cost per

pound is to be used in accordance with the provisions of § 23-24.10-11 the department shall

notify all registered manufacturers of the revised cost per pound.

     (h) Report biennially to the general assembly on the operation of the statewide system for

collection, transportation and recycling of covered electronic products.

     (i) Environmentally sound recycling and reuse. The department shall develop and adopt

regulations no later than January 30, 2009 to define environmentally sound recycling and reuse

practices for the manufacturers' plans and the state program. These regulations will apply to

collectors, transporters, and processors, and should ensure that all their downstream vendors

comply with all local, state, and federal regulations, and must not violate laws in importing and

transit countries when exporting environmentally sensitive materials throughout final disposition.

     (j) Regulatory authority. The department may adopt such regulations as shall be

necessary to implement the provisions of this chapter and may include exemptions from

provisions of this chapter as deemed appropriate by the department.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- ELECTRONIC WASTE PREVENTION, REUSE

AND RECYCLING ACT

***

     This act would amend several provisions of the electronic waste prevention, reuse and

recycling act by amending labeling and registration requirements, adding definitions and

provisions for "market share by weight" and "orphan waste" and would add printers to products

included under the provisions of the chapter.

     This act would take effect upon passage.

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LC002638/SUB A/2

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LC002638/SUB A/2 - Page 14 of 13