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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