| Chapter 430 |
| 2017 -- H 6112 SUBSTITUTE A Enacted 10/05/2017 |
| A N A C T |
| RELATING TO HEALTH AND SAFETY -- ELECTRONIC WASTE PREVENTION, REUSE AND RECYCLING ACT |
| Introduced By: Representatives Fellela, Ucci, Perez, and Costantino |
| Date Introduced: April 13, 2017 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Sections 23-24.10-3, 23-24.10-6, 23-24.10-8, 23-24.10-9, 23-24.10-10.1, |
| 23-24.10-11 and 23-24.10-12 of the General Laws in Chapter 23-24.10 entitled "Electronic Waste |
| Prevention, Reuse and Recycling Act" are hereby amended to read as follows: |
| 23-24.10-3. Definitions. |
| For the purposes of this chapter: |
| (1) "Department" means the department of environmental management. |
| (2) "Covered electronic products" means: |
| (i) Computers (including central processing unit or CPU) as defined herein; |
| (ii) Computer monitors, including CRT monitors and flat panel monitors; |
| (iii) Combination units (CPUs with monitors); |
| (iv) Portable computers, such as tablets; and |
| (v) Printers as defined in this section shall only be included as a "covered electronic |
| product" if/once the total amount of printers exceeds twenty percent (20%) by weight of the total |
| returns of covered electronics as determined by §23-24.10-11(a)(5) after January 1, 2020; |
| (iv)(vi) Televisions including CRT-based and non-CRT-based televisions, plasma, and |
| LCD, or any similar video-display device with a screen greater than nine (9) inches diagonally |
| and that contains a circuit board; and |
| (v)(vii) "Covered electronic products" does not mean a computer, television, or video- |
| display device that is: (a) aA 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) fFunctionally 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) cContained |
| 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) aA handheld device used to access commercial mobile radio service and/or a |
| commercial mobile data service, as such service is defined in 47 CFR 20.3, or (e) a printer as |
| defined in subsection (ii) herein 47 C.F.R. § 20.3. |
| (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 that are met through interaction with a number of software programs |
| contained therein, and which that 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 that are met through interaction with a number of software |
| programs contained therein, and which that 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 that 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 hand-held calculator, or a portable digital assistant or similar specialized |
| device. A notebook computer has an incorporated video display greater than nine inches (9") in |
| size and can be carried as one unit by an individual. A notebook computer is sometimes referred |
| to as a laptop and/or tablet computer. |
| (5) "Corporation" means the Rhode Island resource recovery corporation created and |
| established pursuant to chapter 23-19 of the Rhode Island general laws 19 of title 23. |
| (6) "Manufacturer" means a person or entity who or that: |
| (i) Has a physical presence and legal assets in the United States of America; and |
| (A) Manufactures or manufactured a covered electronic product under a brand it owns; or |
| is or was licensed to use; |
| (B) Sells or sold under a brand or label it owns or is or was licensed to use a covered |
| electronic product produced by other suppliers; or |
| (C) Assumes the financial responsibility of manufacturer collection, transportation, or |
| recycling as further defined herein; or |
| (D) Imports or imported a covered electronic product into the United States that is |
| manufactured by a person without a presence in the United States; or |
| (E) Sells at retail a covered electronic product acquired from an importer that is the |
| manufacturer as described in subsection (b) herein, and elects to register in lieu of the importer. |
| (7) "Market share" means a television or printer manufacturer’s' national sales of |
| televisions or printers, respectively, expressed as a percentage of the total of all television or |
| printer manufacturer’s' national sales based on the best available public data. |
| (8) "Market share by weight" means the minimum total weight of covered electronic |
| products, i.e. televisions and/or printers, that an individual manufacturer is responsible for |
| collecting, transporting, and recycling. |
| (8)(9) "Monitor" means a video-display device without a tuner that can display pictures |
| and sound and is used with a computer. |
| (9)(10) "Orphan waste" means a covered electronic product, except a television, products |
| for which no manufacturer can be identified or the manufacturer is no longer a in business and no |
| successor business can be identified or a de minimis quantity of brands with no greater than one |
| percent (1%) market share or return share to be determined annually be by the corporation. |
| (10)(11) "Premium service" means services such as at-location system upgrade services |
| and at-home pickup services, including curbside pickup service. |
| (11)(12) "Printer" means desktop printers, multifunction printer copiers, and printer/fax |
| combinations taken out of service that are designed to reside on a work surface, and include |
| various print technologies, including, without limitation, laser and LED (electrographic), ink jet, |
| dot matrix, thermal, and digital sublimation, and "multi-function" or "all-in-one" devices that |
| perform different tasks, including, without limitation, copying, scanning, faxing, and printing. |
| Printers do not include floor-standing printers, printers with optional floor stand, point-of-sale |
| (POS) receipt printers, household printers such as a calculator with printing capabilities or label |
| makers, or non-standalone printers that are embedded into products that are not covered |
| electronic products. |
| (12)(13) "Retailer" means a person or entity who or that 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 Iinternet, or any similar |
| electronic means, but not including leasing, commercial financing, or wholesale transactions with |
| a distributor or other retailer. |
| (13)(14) "Return share" means the minimum percentage share of covered electronic |
| products, except televisions and printers, that an individual manufacturer is responsible for |
| collecting, transporting, and recycling. |
| (14)(15) "Return share by weight" means the minimum total weight of covered electronic |
| products, except televisions and printers, that an individual manufacturer is responsible for |
| collecting, transporting, and recycling. |
| (15)(16) "Television" means any telecommunication system device that can broadcast or |
| receive moving pictures and sound over a distance and includes a television tuner or a display |
| device peripheral to a computer that contains a television tuner. |
| (16)(17) "Video-display devices" means and includes units capable of presenting images |
| electronically on a screen, with a viewable area greater than nine inches (9") when measured |
| diagonally, viewed by the user and may include cathode ray tubes, flat-panel computer monitors, |
| plasma displays, liquid crystal displays, rear-and front-enclosed projection devices, and other |
| similar displays that exist or may be developed. |
| (17)(18) "State program" means a statewide program for collecting, transporting, and |
| recycling covered electronic products that is provided by the resource recovery corporation for |
| manufacturers who pay a recycling fee. |
| (18)(19) "Manufacturer program" means a statewide program for collecting, transporting, |
| and recycling covered electronic products that is provided by the manufacturer, either |
| individually or as a group. |
| (19)(20) "Program year" means January 1 through December 31, also referred to as |
| "calendar year". |
| (20)(21) "Collector" means a public or private entity that receives covered electronic |
| devices and arranges for the delivery of the devices to a recycler. |
| (21)(22) "Recycler" means a public or private individual or entity who accepts covered |
| electronic devices directly from the public or from collectors for the purpose of recycling. A |
| manufacturer who takes products solely for refurbishment or repair is not a recycler. A recycler |
| may also be a collector if it the recycler meets the definition of a collector. |
| 23-24.10-6. Manufacturer individual financial responsibility. |
| (a) On the effective date of this section, for covered electronic products other than |
| televisions and printers, manufacturers have individual financial responsibility for the collection, |
| transportation, and recycling of their covered electronic products and adjusted share of orphan |
| waste which that have been discarded by households or public and private elementary and |
| secondary schools in Rhode Island, including their return share of orphan waste. |
| (b) On the effective date of this section, for televisions and printers, each television and |
| printer manufacturer has financial responsibility for the collection, transportation, and recycling |
| of televisions and printers, respectively, and an adjusted share of orphan waste, which that have |
| been discarded by households or public and private elementary and secondary schools in Rhode |
| Island, based on the television or printer manufacturer's market share. |
| 23-24.10-8. Labeling and registration requirements. |
| (a) On and after the effective date of this section, a manufacturer or retailer may not sell |
| or offer for sale a covered electronic product in the state unless it is labeled with the |
| manufacturer's brand, and the label is permanently affixed and readily visible. |
| (b) Registration. Before January 1 October 15 of each year, a manufacturer of covered |
| electronic products sold or offered for sale in this state shall register with the department for a |
| period to cover the upcoming calendar year, on a form provided by the department and pay a fee |
| of five thousand dollars ($5,000) to the department. The registration shall include: |
| (1) A list of all the brands manufactured, sold, or imported by the manufacturer, |
| including those brands being offered for sale in this state by the manufacturer; |
| (2) A statement of whether the manufacturer will be implementing a manufacturer |
| program or utilizing the state program for recycling covered electronic products; and |
| (3) Any other information required by the department to implement this chapter. |
| (c) By January 1, 2009, each manufacturer, as defined in §23-24.10-3, of new covered |
| electronic products offered for sale for delivery in this state shall register with the department and |
| pay to the department a registration fee of five thousand dollars ($5,000). Thereafter, if a |
| manufacturer has not previously filed a registration, the manufacturer shall file a registration with |
| the department prior to any offer for sale for delivery in this state of the manufacturer's new |
| covered electronic products and shall pay to the department a registration fee of five thousand |
| dollars ($5,000). Any manufacturer to whom or to which the department provides notification of |
| a return share, return share in by weight, or market share or market share by weight pursuant to |
| subsections§§ 23-24.10-12(d) and (e) and who has not previously filed a registration shall, within |
| thirty (30) days of receiving such notification, file a registration with the department and shall pay |
| to the department a registration fee of five thousand dollars ($5,000). |
| (d) If a manufacturer has a return share or market share but has not sold units in the state |
| for three (3) years or more, the manufacturer is still required to register but is not required to pay |
| the five thousand dollar ($5,000) registration fee. |
| (1) Each registered manufacturer shall submit an annual renewal of its registration to the |
| department by October 15 of each year and pay to the department a registration fee of five |
| thousand dollars ($5,000) by December 15 prior to the start of each program year. |
| (2) The registration and each annual renewal shall include a list of all of the |
| manufacturer's brands of covered electronic products and shall be effective upon receipt by the |
| department. |
| (3) All registration fees collected by the department shall be deposited in the |
| environmental response fund established pursuant to Rhode Island general laws § 23-19.1-23. |
| (4) Manufacturers who or that no longer sell or deliver covered electronic products in the |
| state via POS or Iinternet but still have a return or market share must register with the department |
| but shall not be required to pay the five thousand dollar ($5,000) registration fee but shall be |
| required to bear manufacturer responsibility pursuant to §23-24.10-9. |
| 23-24.10-9. Manufacturer responsibility. |
| (a) A manufacturer choosing to implement a manufacturer program shall submit a plan to |
| the department by October 15 each year, by way of a template created by the department, with |
| two (2) years of possible renewable renewal 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) aAny 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) dDirective 2002/95/EC of the European pParliament and of |
| the cCouncil and any amendments there to thereto enacted as of the date; or (2) tThe |
| manufacturer has received an exemption from one or more of those maximum concentration |
| values under the RoHS directive that has been approved and published by the European |
| commission. |
| (d) A manufacturer choosing to implement a manufacturer program shall: |
| (1) Provide for collection, transportation, and recycling of covered electronic products |
| from households and public and private elementary and secondary schools free of charge and a |
| manufacturer that provides premium service for a person may charge for the additional cost of |
| that premium service. |
| (2) Implement the plan and provide a report quarterly reports to the department no later |
| than April 30, July 31, October 31 each year showing the progress of the plan to date, and a final |
| report shall be due February 1 of each year that details how the plan required under this section |
| was implemented during the previous calendar year on a reporting template as provided by the |
| department. This report shall include operating hours and quantities collected from each |
| collection location or collection event during the reporting period. |
| (3) Conduct a statistically significant sampling or actual count of the covered electronic |
| products collected and recycled by the manufacturer each calendar year using a methodology |
| approved by the department. The manufacturer shall report the results of the sampling or count to |
| the department no later than January 1 of the following calendar year. For all manufacturers, |
| excluding televisions manufactured, the report must include: |
| (i) A list of all brands identified during the sampling or count by the manufacturer; |
| (ii) The weight of covered electronic products identified for each brand during the |
| sampling or count; and |
| (iii) The total weight of covered electronic products, including orphan waste if applicable, |
| collected from households and public and private elementary and secondary schools in the state |
| by the manufacturer during the previous calendar year. |
| (e) A group of manufacturers, except television manufacturers, may choose to implement |
| a manufacturer program as one entity, if in doing so the manufacturers meet the sum of their |
| individual return shares by weight under subsection§ 23-24.10-12(d) and that sum is at least five |
| percent (5%). A group of television manufacturers may choose to implement a manufacturer |
| program as one entity, if in doing so the manufacturers meet the sum of their individual market |
| shares under subsection§ 23-24.10-12(d) and that share is at least five percent (5%). |
| (f) By February 1 of each year, a manufacturer who or that does not meet ninety percent |
| (90%) of its share for the previous calendar year the manufacturer shall pay the corporation for |
| the amount under ninety percent (90%) not achieved at a rate determined and enforceable by the |
| department to be equivalent to the amount the manufacturer would have paid as defined under |
| subsection § 23-24.10-11(d) plus ten percent (10%) to be paid to the department, and which shall |
| be the per-ton pound fee for the prior year multiplied by the manufacturer's return share as |
| established prior to the start of the program year. The remaining variance shall be addressed and |
| reconciled in the plan's final report (pursuant to subsection (d) of this section) and an amended |
| plan shall also be submitted. Manufacturers are allowed a ten percent (10%) variance (over or |
| under collected) to be carried forward to the new plan year. Collections of greater than one |
| hundred ten percent (110%) will not be allowed to carry forward. The purchase of extra weight |
| between plans is allowed with prior approval of the department. |
| (g) A manufacturer, except a television manufacturer, with less than a five percent (5%) |
| return share or market share is required to participate in the state program under § 23-24.10-11. A |
| television manufacturer who or that does not have an approved manufacturer's plan shall |
| participate in the state program under § 23-24.10-11. |
| (h) A manufacturer participating in the state program under § 23-24.10-11 shall notify the |
| department at the time of its registration each year. |
| (i) By February April 1 of each year, a manufacturer who or that participates in the state |
| program shall pay a recycling fee to the corporation in an amount adopted by the department |
| under § 23-24.10-12 to cover the costs of collecting, transporting, and recycling the |
| manufacturer's annual share of covered electronic products for the following year. |
| (j) (1) A manufacturer program, the state program, or a collector participating in a |
| manufacturer program or the state program may not charge a fee to households or public and |
| private elementary and secondary schools for the collection, transportation, or recycling of those |
| any covered electronic products defined in §23-24.10-3. |
| (2) A collector who or that provides a premium service to a person may charge for the |
| additional cost of providing the premium service. |
| 23-24.10-10.1. Collector and recycler responsibility. |
| (a) Collector's registration. After July 31, 2010, no person or entity may operate as a |
| collector of covered electronic devices unless that person or entity has submitted a registration |
| with the department on a form prescribed by the director. Registration information must include |
| the name, address, telephone number, and location of the business, and a certification that the |
| collector has complied, and will continue to comply, with the requirements of this chapter and |
| with all program rules and regulations promulgated by the department and the corporation. A |
| registration is effective upon receipt by the department and is valid until December 31 of each |
| year. Collectors must register annually with the department. |
| (b) Recycler's registration. After July 31, 2010, no person or entity may recycle covered |
| electronic devices unless that person has submitted a registration with the department on a form |
| prescribed by the director. Registration information must include the name, address, telephone |
| number, and location of all recycling facilities under the direct control of the recycler who or that |
| may receive covered electronic devices, and a certification that the recycler has complied, and |
| will continue to comply, with the requirements of this chapter and with all program rules and |
| regulations promulgated by the department and the corporation. A registered recycler may |
| conduct recycling activities that are consistent with this chapter. A registration is effective upon |
| receipt by the agency and is valid until December 31 of each year. Recyclers must register |
| annually with the department. |
| (c) E-waste collected out of state shall be strictly prohibited from inclusion in programs |
| pursuant to this chapter. |
| (c)(d) Nothing in this section shall be deemed to circumvent the department's existing |
| authority under Rhode Island general laws chapter 23-19.1 19.1 of title 23 or regulations |
| promulgated thereto. |
| 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 of this section. The corporation shall annually by November |
| 15 submit a plan to the department for review and approval that will: |
| (1) To the extent practicable, use existing local collection, transportation and recycling |
| infrastructure; |
| (2) Use environmentally sound management practices as defined under subsection§ 23- |
| 24.10-12(i) to collect, transport, and recycle covered electronic products; |
| (3) Provide for households and public and private elementary and secondary schools |
| convenient and available collection services and sites for covered electronic products in each |
| county of this state and collection services shall be free of charge for households and public and |
| private elementary and secondary schools; |
| (4) Advertise and promote collection opportunities statewide and on a regular basis; and |
| (5) Conduct a statistically significant sampling or actual count of the covered electronic |
| products collected and recycled by the state program during each calendar year using a |
| methodology approved by the department and prepare a report no later than March 1 of the |
| following calendar year that includes, but is not limited to: |
| (i) A list of all brands identified during the count; |
| (ii) The weight of covered electronic products, except televisions, identified for each |
| brand during the count; and |
| (iii) The total weight of covered electronic products, including orphan waste if applicable, |
| collected from households and public and private elementary and secondary schools in the state |
| by the state program during the previous calendar year. |
| (6) Maintain on its website information on collection opportunities for covered electronic |
| products, including collection site locations and hours. The information must be made available |
| in a printable format for retailers. |
| (b) Covered electronic products account fund. The corporation shall create the covered |
| electronic products account fund ("the fund"). Interest earned by the account shall be credited to |
| the account. Fees collected by the corporation under subsection (c) below of this section shall be |
| deposited in the covered electronic products account fund. Moneys in the account are to be used |
| only to pay the costs of implementing this chapter, operating the state program and enforcing the |
| disposal ban in § 23-24.10-5. The corporation shall include this account fund in its annual audit. |
| the fund each year, and surpluses Surpluses are to be credited on a pro rata basis to those |
| manufacturers paying fees into and for the program year in which a surplus is generated, while |
| deficits in the fund shall be applied to the adjusted recycling fee in the second program year |
| following the audited program year. |
| (c) The corporation shall determine the return share and return share by weight |
| responsibility for each calendar year for each manufacturer, except television and printer |
| manufacturers. The return share shall be determined by dividing the total weight of covered |
| electronic products of that manufacturer's return-share brands by the total weight of covered |
| electronic products for all manufacturers' brands. The return share by weight shall be determined |
| by multiplying the return share for each such manufacturer by the total weight in of return-share |
| pounds of covered electronic products as calculated by the corporation, except televisions and |
| printers, including orphan waste, collected from households and public and private elementary |
| and secondary schools the previous calendar year as determined by the department. |
| (1) For 2009 and 2010, determine the return share and return share by weight for each |
| manufacturer, except television manufacturers, based on the best available public return-share |
| data and public weight data from within the United States for covered electronic products from |
| households and public and private elementary and secondary schools. For subsequent years, the |
| return share and return-share weight of covered electronic products for each manufacturer shall |
| be based on the most recent annual sampling or count of covered electronic products. For |
| subsequent years, the total weight in pounds of covered electronic products shall be based on the |
| total weight of covered electronic products, including orphan waste, determined by the |
| department. |
| (2) Determine the market share and market-share weight responsibility for each television |
| and printer manufacturer in accordance with subsection § 23-24.10-3(7). |
| (3) The corporation shall present the proposed return or market shares and weight |
| responsibility for each manufacturer to the department for review and approval on an annual basis |
| by November 1 August 15 of each year. |
| (d) Determine the recycling fee to be paid by each manufacturer who or that participates |
| in the state program established pursuant to this section. The corporation shall determine the |
| recycling fees as follows: |
| (1) For each manufacturer, except television manufacturers, the corporation shall |
| determine the recycling fee based on the manufacturer's annual return market share and return |
| market share by weight as determined under subsection (c) of this section. The fee shall be |
| calculated on a per-pound basis and shall not exceed fifty cents ($.50) per pound must be |
| approved by the department. |
| (2) By November 1 August 15 of each year, the corporation shall set the cost per pound |
| for collection, transportation, and recycling of covered electronic products, except televisions, in |
| order to reasonably approximate market costs for these services, which cost per pound is used to |
| calculate the fee. The corporation may adjust such cost per pound in order to reasonably |
| approximate market costs for the collection, transportation, and recycling of covered electronic |
| products. Any deficits generated by the state program shall may be applied to the recycling fee |
| calculation for and in the second subsequent program year following the audited program year. |
| (3) By November 1 of each year, for each television manufacturer that participates in the |
| state program the corporation shall determine, by regulation, the recycling fee based on a |
| television manufacturer's market share. |
| (4) The corporation shall present the proposed recycling fees and any adjusted recycling |
| fees for each manufacturer to the department for review and approval. |
| (e) Regulatory authority. The corporation may adopt such regulations as shall be |
| necessary to implement the provisions of this chapter. |
| 23-24.10-12. Department responsibility. |
| The department shall: |
| (a) By January 1, 2009, maintain Maintain and make available on its website the |
| following lists, which must be updated by the first day of each month: |
| (1) A list of registered manufacturers and their brands; |
| (2) A list of brands for which no manufacturer has registered; and |
| (3) A list that identifies which manufacturers are in compliance with this chapter. |
| (b) Review and approve manufacturer plans that comply with this chapter and are |
| submitted annually by manufacturers choosing to implement a manufacturer program for |
| recycling covered electronic products. |
| (c) Review and approve the corporation's plan as established by § 23-24.10-11. |
| (d) Review and adopt the return share and return share by weight for all manufacturers, |
| except television and printer manufacturers, for the following year as determined by the |
| corporation pursuant to § 23-24.10-11. The department shall review and adopt the market share |
| and market share by weight for all television and printer manufacturers for the following year as |
| determined by the corporation pursuant to § 23-24.10-11. |
| (e) By January 1 September 15 of each year, notify each manufacturer that had a return |
| share determined under § 23-24.10-11 its return share and its return share by weight for the |
| following year. By January 1 September 15 of each year, notify each television and printer |
| manufacturer that had a market share determined under § 23-24.10-11 its market share and its |
| market share by weight for the following year. |
| (f) Review and adopt the recycling fee for all manufacturers as determined by the |
| corporation pursuant to § 23-24.10-11. |
| (g) By November 1 September 15 prior to the program year for which a revised cost per |
| pound is to be used in accordance with the provisions of § 23-24.10-11 the department shall |
| notify all registered manufacturers of the revised cost per pound. |
| (h) Report biennially to the general assembly on the operation of the statewide system for |
| collection, transportation, and recycling of covered electronic products. |
| (i) Environmentally sound recycling and reuse. The department shall develop and adopt |
| regulations no later than January 30, 2009, to define environmentally sound recycling and reuse |
| practices for the manufacturers' plans and the state program. These regulations will apply to |
| collectors, transporters, and processors, and should ensure that all their downstream vendors |
| comply with all local, state, and federal regulations, and must not violate laws in importing and |
| transit countries when exporting environmentally sensitive materials throughout final disposition. |
| (j) Regulatory authority. The department may adopt such regulations as shall be |
| necessary to implement the provisions of this chapter and may include exemptions from |
| provisions of this chapter as deemed appropriate by the department. |
| SECTION 2. This act shall take effect upon passage. |
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| LC002369/SUB A |
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