Chapter 122
2010 -- H 7716 SUBSTITUTE A AS
AMENDED
Enacted 06/22/10
A N A C T
RELATING TO
HEALTH AND SAFETY - ELECTRONIC WASTE PREVENTION, REUSE AND RECYCLING ACT
Introduced By: Representative Arthur Handy
Date Introduced: February 25, 2010
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 23-24.10-3, 23-24.10-8, 23-24.10-9,
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)
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) "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) "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
(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 computer.
(5)
"Corporation" means the
established pursuant to chapter 23-19 of the
(6)
"Manufacturer" means a person or entity who:
(i)
Has a physical presence and legal assets in the
(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
manufactured by a person without a presence in the
(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-standalone 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.
(18)
"Manufacturer program" means a statewide program for collecting,
transporting, and
recycling covered electronic products that is provided by the
manufacturer.
(19) "Program
Year" means January 1 through December 31, also referred to as
"calendar
year".
(20)
"Collector" means a public or private entity that receives covered
electronic devices
and arranges for the delivery of the devices to a
recycler.
(21)
"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.
23-24.10-8.
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 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
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
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 corporation
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 to be paid to the department, and which shall be
the per ton fee for the prior year
multiplied by the manufacturer's return share as established
prior to the start of the program year.
(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.
23-24.10-11.
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 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 and enforcing the
disposal ban in section 23-24.10-5. The
corporation shall audit the fund each year, and surpluses are to
be credited on a pro rata basis to
those manufacturers paying 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 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
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 on an
annual basis by November 1 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 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
November 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. Any deficits generated by the state program shall
be applied to the recycling fee
calculation for and in the second program year following the
audited program year.
(3) By January 1
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 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.
SECTION 2. Chapter 23-24.10 of the General Laws entitled
"Electronic Waste
Prevention, Reuse and
Recycling Act" is hereby amended by adding thereto the following
section:
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) Nothing in this
section shall be deemed to circumvent the department's existing
authority under
SECTION 3. This act shall take effect upon passage.
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LC01812/SUB A
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