Chapter 126

2008 -- H 7880 SUBSTITUTE A

Enacted 07/01/08

 

A N A C T

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

     

     Introduced By: Representatives Handy, Long, Lewiss, Ajello, and Fellela

     Date Introduced: February 26, 2008

 

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 23-24.10-1 and 23-24.10-3 of the General Laws in Chapter 23-

24.10 entitled "Electronic Waste Prevention, Reuse and Recycling Act" are hereby amended to

read as follows:

 

     23-24.10-1. Purpose. -- The purposes of this act are:

      (1) To study the establishment of a covered electronic product establish a manufacturer

financed system for the collection, recycling, and reuse program for covered electronic products

in Rhode Island;

      (2) To develop a comprehensive strategy, with the participation of state agencies,

producers, processors and consumers, for waste prevention and reduction of covered electronic

products in the state, which addresses the collection, recycling and reuse of covered electronic

products from all covered electronic product generators in the state and that ensures the safe and

environmentally sound handling, reuse and recycling of covered electronic products;

      (3) To promote the development of state infrastructure for the reuse and recycling of

used electronics;

      (4) To eliminate waste generated in the state from covered electronic products from

landfill and incinerator disposal; and

      (5) To encourage the design of covered electronic products that are less toxic, more

durable and more recyclable.

 

     23-24.10-3. Definitions. -- (a) For the purposes of this chapter:

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

      (2) "Covered electronic products" means:

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

herein;

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

      (iii) Portable computers (laptops);

      (iv) (iii) Combination units (CPUs with monitors);

      (v) CRT-based televisions and non-CRT-based televisions; and

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

plasma and LCD), or any similar video display device with a screen greater than four (4) nine (9)

inches diagonally and that contains a circuit board.; and

     (v) “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, as such

service is defined in 47 CFR 20.3, or (e) a printer as defined in subsection (ii) herein.

      (3) "Covered electronic product generator" includes any person that has a covered

electronic product within its possession.

      (3)(4) "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 stand alone keyboard, stand-alone monitor or other display unit,

and a stand-alone 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

     (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 stand alone 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 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 manufacturers’ national sales of televisions

expressed as a percentage of the total of all television manufacturers’ national sales based on the

best available public data.

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

sound and is used with a computer.

      (9) "Orphan waste" means a covered electronic product, except a television, for which no

manufacturer can be identified or the manufacturer is no longer a business and no successor

business can be identified.

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

at-home pickup services, including curbside pickup service.

     (11) “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-stand-alone printers that are embedded into products that are not covered

electronic products.

     (12) "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) "Return share" means the minimum percentage of covered electronic products,

except televisions, that an individual manufacturer is responsible for collecting, transporting and

recycling.

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

products, except televisions, that an individual manufacturer is responsible for collecting,

transporting and recycling.

     (15) "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) "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,

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

similar displays that exist or may be developed.

     (17) "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.

 

     SECTION 2. Section 23-24.10-6 of the General Laws in Chapter 23-24.10 entitled

"Electronic Waste Prevention, Reuse and Recycling Act" is hereby repealed.

 

     23-24.10-6. Study to establish a covered electronic product collection, recycling, and

reuse program. -- (a) The department shall study the establishment of collection, recycling, and

reuse programs for covered electronic products in this state. The department shall consult with

stakeholders including persons who represent covered electronic product manufacturers, covered

electronic product retailers, waste haulers, electronics recyclers, charities, cities, environmental

organizations, public interest organizations, reuse organizations, schools, and other interested

parties that have a role or interest in the collection, reuse, and recycling of covered electronic

devices. As part of this study the department shall:

      (1) Examine existing programs and infrastructure for reuse and recycling of covered

electronic product;

      (2) Compile information on covered electronic product manufacturers' covered electronic

product collection, recycling, and reuse programs;

      (3) Review existing data on the costs to collect, transport, and recycle electronic waste;

      (4) Research the potential impacts of recycling or reusing electronic waste on jobs,

recycling infrastructure, and economic development;

      (5) Evaluate ways for improving product design to increase recyclability and reduce

toxicity of products, including the assessment of safer alternatives to toxics outlined in the ROHS

directive;

      (6) Develop recommendations to define the role for charities, government agencies, local

and state governments, businesses, manufacturers, and retailers in the collection, reuse and

recycling of covered electronic products; and

      (7) Explore state financial incentives for developing business opportunities and jobs in

the area of covered electronic product recycling and reuse infrastructure.

      (b) The department shall, based on the findings and recommendations of subsection (a)

of this section, develop a plan for implementing and financing a program that addresses the

collection, recycling, and reuse of covered electronic products from all covered electronic product

generators in the state. In drafting this plan, the following factors will be considered by the

department:

      (1) The recommendations of the mercury reduction and education commission regarding

methods of financing the collection, reuse, and recycling programs for covered electronic

products;

      (2) The impact of the approach on local governments, nonprofit organizations, waste

haulers and other stakeholders;

      (3) How to address historic and orphan waste, including an assessment of financing

mechanisms used for collecting and recycling historic and orphan wastes;

      (4) The development of recycling and processing standards that protect the health of

workers and the environment in communities where covered electronic products are recycled

and/or modified for reuse, which may include a ban on the export on nonworking covered

electronic products to developing countries;

      (5) Urban versus rural recycling challenges and issues;

      (6) The role of covered electronic product manufacturers;

      (7) The development of possible performance measures to assess the effectiveness of

collection, reuse and recycling of covered electronic products; and

      (8) Special consideration will be given to costs incurred by charitable organizations

receiving unwanted electronic products and the waste collection systems that could be developed

as a result of this activity.

      (c) The department shall submit two (2) progress reports to the general assembly and the

governor as follows:

      (1) On or before January 1, 2007, the department shall submit a progress report on the

study required by subsection (a) of this section including the provisions made for the inclusion of

stakeholders, the issues that will be addressed in the study, and the work program to develop the

plan required by subsection (b) of this section.

      (2) On or before May 1, 2007, the department shall submit a progress report describing

the progress of the study and of the development of the plan and identifying any issues that might

need to be resolved in implementing an electronic waste collection, reuse and recycling program."

      (d) The department shall submit to the general assembly, no later than December 31,

2007, a program to accomplish the purposes of the chapter, which program shall include:

      (1) Findings and recommendations for implementing and financing the collection, reuse

and recycling of covered electronic products; and

      (2) A plan and recommendations for any legislation necessary to implement the plan, for

the collection, reuse and recycling of covered electronic products.

      (e) The department may promulgate such regulations as may be necessary to implement

the electronic waste collection, reuse and recycling program, which regulations shall be effective

upon passage of the program by the general assembly.

 

     SECTION 3. Chapter 23-24.10 of the General Laws entitled "Electronic Waste

Prevention, Reuse and Recycling Act" is hereby amended by adding thereto the following

sections:

 

     23-24.10-6. Manufacturer individual financial responsibility. -- (a) On the effective

date of this section, for covered electronic products other than televisions, manufacturers have

individual financial responsibility for the collection, transportation and recycling of their covered

electronic products and 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, each television manufacturer has

financial responsibility for the collection, transportation and recycling of televisions, which have

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

Island, based on the television manufacturer’s market share.

 

     23-24.10-7. Sales and labor prohibitions. -- (a) A manufacturer not in compliance with

all financial and other requirements of this chapter is prohibited from offering a covered

electronic product for sale in this state.

      (b) It shall be unlawful for any retailer and/or manufacturer to offer for sale in this state

a new covered electronic product from a manufacturer that is not in full compliance with the

requirements of this chapter. The department shall maintain a list of all manufacturers in

compliance with the requirements of this chapter and post the list on an Internet website. Retailers

of products in or into the state shall consult the list prior to selling covered electronic products in

this state. A retailer shall be considered to have complied with this responsibility if, on the date

that the product was ordered from the manufacturer or its agent, the manufacturer was listed as

being in compliance on the aforementioned website. All manufacturers will be considered in

compliance with the purposes of this section until the department publishes the first requirements

of this chapter for the listing.

      (c) It shall be unlawful for facilities that recycle covered electronic products, including

all downstream recycling operations, to use prison labor to recycle covered electronic products.

 

      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 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. 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 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 weight or market

share 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).

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

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

January 1 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.

 

     23-24.10-9. Manufacturer responsibility. --(a) A manufacturer choosing to implement a

manufacturer program shall submit a plan to the department 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 to the department no later than February 1 of

each year that details how the plan required under this section was implemented during the

previous calendar year.

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

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).

     (f) By February 1 of each year, a manufacturer that does not meet its share for the

previous calendar year shall pay the department for the amount not achieved at a rate determined

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 part of the state program.

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

return share is required to participate in the state program under section 23-24.10-11. A television

manufacturer that does not have an approved manufacturer’s plan shall participate in the state

program under section 23-24.10-11.

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

notify the department at the time of its registration each year.

     (i) By February 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 section 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

covered electronic products.

     (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. Retailer responsibility. -- (a) A retailer may not sell or offer for sale any

covered electronic product in or for delivery into this state unless:

     (1) The covered electronic product is labeled with a brand and the label is permanently

affixed and readily visible;

     (2) The brand is included on the list posted by the department; and

     (3) The list posted by the department specifies that the manufacturer is in compliance

with the requirements of this chapter. All manufacturers will be considered in compliance with

the requirements of this chapter for the purposes of this section until the department publishes the

first listing.

     (b) A retailer shall provide to a consumer at the time of the sale of a covered electronic

product information from the department's website that provides details about where and how a

consumer can recycle covered electronic products in Rhode Island. Information shall also be

made available in printable form for Internet sales and other sales where the Internet is involved.

     (c) On or after January 1, 2009, a retailer who sells or offers for sale a new covered

electronic product must, before the initial offer for sale, review the department’s website to

determine that all new covered electronic products that the retailer is offering for sale are labeled

with the manufacturer's brands that are registered with the department.

(d) A retailer is not responsible for an unlawful sale under this subdivision if the manufacturer's

registration expired or was revoked and the retailer took possession of the covered electronic

product prior to the expiration or revocation of the manufacturer's registration and the unlawful

sale occurred within three (3) months after the expiration or revocation.

 

     23-24.10-11. Rhode Island resource recovery corporation responsibility. -- (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 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 an 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. 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 and enforcing the disposal ban in section 23-24.10-5.

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

calendar year for each manufacturer, except television manufacturers. The return share shall be

determined by dividing the total weight of covered electronic products of that manufacturer's

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 pounds of covered electronic products, including orphan waste, collected

from households and public and private elementary and secondary schools the previous calendar

year.

     (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 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 for each television manufacturer in accordance with

subsection 23-24.10-3(7).

     (3) The corporation shall present the proposed return or market shares for each

manufacturer to the department for review and approval.

     (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 share and return 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.

     (2) By January 1 of each year, the corporation shall set the cost per pound 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.

     (3) By January 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 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 section 23-24.10-11.

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

except television manufacturers, for the following year as determined by the corporation pursuant

to section 23-24.10-11. The department shall review and adopt the market share for all television

manufacturers for the following year as determined by the corporation pursuant to section 23-

24.10-11.

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

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

following year. By January 1 of each year, notify each television manufacturer that had a market

share determined under section 23-24.10-11 its market share for the following year.

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

corporation pursuant to section 23-24.10-11.

     (g) By January 1 of each year, the department shall notify each manufacturer that had a

recycling fee determined under section 23-24.10-11 of the amount of its recycling fee. By

November 1 prior to the program year for which a revised cost per pound is to be used in

accordance with the provisions of section 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.

 

     23-24.10-13. State procurement. -- (a) No later than January 1, 2009, all state agencies

shall meet at least ninety-five percent (95%) of their annual purchasing requirements with

electronic products registered to the Electronic Product Environmental Assessment Tool

(EPEAT) unless there is no EPEAT standard for such product.

     (b) All vendors of electronic products to the state shall provide take-back and

management services for their products at the end of life of those products and must be in

compliance with all the requirements of this section. Vendors shall provide assurances that all

take-back and management services will operate in compliance with all applicable environmental

laws. Purchasing preference must be given to electronic products that incorporate design for the

preservation of the environment.

 

     23-24.10-14. Multistate implementation. -- The department and the corporation are

authorized to participate in the establishment of a regional multistate organization or compact to

assist in carrying out the requirements of this chapter.

 

     23-24.10-15. Limitations. -- If a federal law or combination of federal laws take effect

that is applicable to all covered electronic products sold in the United States and establishes a

program for the collection and recycling or reuse of covered electronic products, the department

shall evaluate whether such laws provide a solution that is equal to or better than the program

created by this act. The department shall report its findings back to the legislature.

 

     23-24.10-16. Violations. -- A violation of any of the provisions of this law or any rule or

regulation promulgated pursuant thereto shall be punishable, in the case of a first violation, by a

civil penalty not to exceed one thousand dollars ($1,000). In the case of a second and any further

violation, the liability shall be for a civil penalty not to exceed five thousand dollars ($5,000) for

each violation.

 

      23-24.10-17. Severability. -- The provisions of this chapter shall be severable, and if any

part of this chapter is declared to be invalid or void by a court of competent jurisdiction, the

remaining portion shall not be affected but shall remain in full force and effect and shall be

construed to be the entire chapter.

 

     SECTION 4. This act shall take effect upon passage.

     

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LC02044/SUB A/2

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