THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY ROSS, THOMAS, ARGALL, CARROLL, CLYMER, CREIGHTON, DePASQUALE, FLECK, GEORGE, GIBBONS, HESS, JOSEPHS, MANDERINO, MANN, McGEEHAN, MELIO, MILLER, MILNE, MURT, M. O'BRIEN, O'NEILL, PRESTON, QUINN, REICHLEY, SCAVELLO, SIPTROTH, SONNEY, STERN, VULAKOVICH, WANSACZ, WATSON, HOUGHTON, FREEMAN, BRIGGS, BRADFORD, FRANKEL, M. SMITH, McILVAINE SMITH, GERBER AND KORTZ, MARCH 4, 2009

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 14, 2010   

AN ACT

Establishing a recycling program for certain covered devices;

imposing duties on manufacturers and retailers of certain

covered devices; providing for the powers and duties of the

Department of Environmental Protection and for enforcement;

establishing the Electronic Materials Recycling Account in

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the General Fund; and prescribing penalties.

TABLE OF CONTENTS

Chapter 1.  Preliminary Provisions

Section 101.  Short title.

Section 102.  Definitions.

Chapter 3.  Duties of Manufacturers and Retailers

Section 301.  Applicability.

Section 302.  Sales prohibition.

Section 303.  Labeling requirement.

Section 304.  Registration.

Section 305.  Manufacturer plan and reporting.

Section 306.  Retailer responsibility.

Chapter 5.  Administration

Section 501.  Duties of department.

Section 502.  Annual report.

Section 503.  Additional duties.

Section 504.  Fees for collection or recycling of covered

devices.

Section 505.  Environmentally sound management requirements.

Section 506.  Disposal ban.

Section 507.  Enforcement.

Section 508.  Regulations.

Section 509.  Multistate implementation.

Section 510.  Electronic Materials Recycling Account.

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Chapter 7.  Miscellaneous Provisions

Section 701.  Expiration.

Section 702.  Effective date.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

CHAPTER 1

PRELIMINARY PROVISIONS

Section 101.  Short title.

This act shall be known and may be cited as the Covered

Device Recycling Act.

Section 102.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Brand."  Symbols, words or marks that identify a covered

device, rather than any of its components.

"Computer."  A desktop or notebook computer. The term does

not include an automated typewriter, electronic printer, 

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professional workstation, server, mobile telephone, portable

handheld calculator, portable digital assistant, MP3 player or

other similar device. The term also does not include a computer

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peripheral commonly known as a cable, mouse or keyboard.

"Computer manufacturer."  A person:

(1)  who manufactures or manufactured covered computer

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devices under a brand that it owns or owned or is or was

licensed to use, other than a license to manufacture covered

devices for delivery exclusively to or at the order of the

licensor;

(2)  who sells or sold covered devices manufactured by

others under a brand that the seller owns or owned or is or

was licensed to use, other than a license to manufacture

covered devices for delivery exclusively to or at the order

of the licensor; or

(3)  for whose account covered devices were manufactured

outside the United States and are or were imported into the

United States, but this paragraph shall not apply if, at the

time such covered devices are or were imported into the

United States, another person has offered to collect the

covered devices under a recovery plan pursuant to section

5(c).

This term does not mean any person who both owns and licenses

the brand appearing on the covered computer device and has not

also manufactured or sold covered computer devices.

(1)  who manufactures covered computer devices to be sold

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under its own brand as identified by its own brand label;

(2)  who sells covered computer devices manufactured by

others under its own brand as identified by its own brand

label; or

(3)  who assumes the duties imposed on the computer

manufacturer under this act.

"Consumer."  An occupant of a single detached dwelling unit

or a single unit of a multiple dwelling unit who has used a

covered device primarily for personal or home business use.

"Covered computer device."  A desktop or notebook computer or

computer monitor or peripheral, marketed and intended for use by

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a consumer. The term does not include a covered television

device.

"Covered device."  A covered computer device and covered

television device marketed and intended for use by a consumer.

The term does not include:

(1)  a device that is 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;

(2)  a device that is functionally or physically a part

of or connected to or integrated within equipment or a system

designed and intended for use in an industrial, governmental,

commercial, research and development or medical setting,

including, but not limited to, diagnostic, monitoring,

control or medical products as defined under the Federal

Food, Drug, and Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301

et seq.), or equipment used for security, sensing,

monitoring, antiterrorism, emergency services purposes or

equipment designed and intended primarily for use by

professional users;

(3)  a device that is contained within a clothes washer,

clothes dryer, refrigerator, refrigerator and freezer,

microwave oven, conventional oven or range, dishwasher, room

air conditioner, dehumidifier, air purifier or exercise

equipment; or

(4)  any of the following:

(i)  Telephone of any type, including a mobile phone.

(ii)  Personal digital assistant.

(iii)  Global positioning system.

"Covered television device."  An electronic device that

contains a tuner that locks on to a selected carrier frequency

and is capable of receiving and displaying television or video

programming via broadcast, cable or satellite, including,

without limitation, any direct view or projection television

with a viewable screen of four inches or larger whose display

technology is based on cathode ray tube, plasma, liquid crystal,

digital light processing, liquid crystal on silicon, silicon

crystal reflective display, light emitting diode or similar

technology marketed and intended for use by a consumer primarily

for personal purposes. The term does not include a covered

computer device.

"Department."  The Department of Environmental Protection of

the Commonwealth.

"Desktop computer."  An electronic, magnetic, optical,

electrochemical or other high-speed data processing device

which:

(1)  Performs logical, arithmetic and storage functions

for general purpose needs which are met through interaction

with a number of software programs contained in the device.

(2)  Is not designed to exclusively perform a specific

type of limited or specialized application.

(3)  Achieves human interface 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.

(4)  Has a main unit that is intended to be persistently

located in a single location, often on a desk or on the

floor.

"Market share."  A television manufacturer's prior year's

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sales of covered television devices, in units, expressed as a

percentage of the total of all television manufacturers' prior

year sales, in units, for all covered television devices. An

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estimate of the total weight of a television manufacturer's

sales of covered television devices during the previous program

year calculated by multiplying the weight of its covered

television devices sold nationally times the quotient of this

Commonwealth's population divided by the national population.

"New covered device."  A covered device or a covered

television device that is manufactured after the effective date

of this section.

"Notebook computer."  An electronic, magnetic, optical,

electrochemical or other high-speed data processing device

which:

(1)  Performs logical, arithmetic or storage functions

for general purpose needs which are met through interaction

with a number of software programs contained in the device.

(2)  Is not designed to exclusively perform a specific

type of limited or specialized application.

(3)  Achieves human interface through a keyboard, video

display greater than four inches in size and mouse or other

pointing device, all of which are contained within the

construction of the unit which comprises the notebook

computer.

(4)  Can be carried as one unit by an individual.

(5)  May include a supplemental stand-alone interface

device.

(6)  May use external, internal or batteries for a power

source.

The term does not include a portable handheld calculator,

portable digital assistant or similar specialized device.

"Obligated share."  The proportion of covered computer

devices that reflects a manufacturer's returns share or covered

television devices that reflects a manufacturer's market share

responsibility under this act.

"Orphan device."  A covered computer device for which no

manufacturer may be identified.

"Peripheral."  A keyboard, printer or any other device sold

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exclusively for external use with a computer that provides input

into or output from the computer. The term does not include

adaptive or assistive technologies.

"Person."  An individual, trust, firm, joint stock company,

business concern, corporation, government agency, partnership,

limited liability company or association.

"Program year."  A full calendar year beginning on or after

January 1, 2011.

"Purchase."  The taking by sale of title in exchange for

consideration.

"Recycling."  A process by which covered devices that would

otherwise become solid waste or hazardous waste are collected,

transported, separated and processed, including disassembling,

dismantling or shredding, to be returned to use in the form of

raw materials or products in accordance with environmental

standards established by the Department of Environmental

Protection.

"Retail sales."  The sale of covered devices through sales

outlets, via the Internet, mail order or other means, regardless

of whether the retailer has a physical presence within this

Commonwealth.

"Retailer."  A person who offers for sale, other than for

resale by the purchaser, new covered devices in this

Commonwealth by any means, including, but not limited to, sales

outlets, catalogs or the Internet.

"Return share."  The proportion of covered computer devices

for which an individual manufacturer is responsible to collect,

transport and recycle.

"Return share in weight."  The total weight of covered

computer devices for which a manufacturer is responsible to

collect, transport and recycle.

"Sale" or "sell."  A transfer for consideration of title,

including, but not limited to, a transaction conducted through a

sales outlet, catalog, the Internet or any other similar

electronic means. The term does not include a lease.

"Secretary."  The Secretary of Environmental Protection of

the Commonwealth.

"Television manufacturer."  A person who:

(1)  manufactures covered television devices under a

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brand that it licenses or owns for sale in this Commonwealth

but does not include a person who manufactures, sells or

resells a television device under a brand it licenses, the

licensor or brand owner of the brand;

(2)  manufactures covered television devices without

affixing a brand for sale in this Commonwealth;

(3)  resells into this Commonwealth a covered television

device under a brand it owns or licenses produced by other

suppliers, including a retail establishment that sells

covered television devices under a brand the retailer owns or

licenses but does not include a person who manufactures,

sells or resells a television device under a brand it

licenses, the licensor or brand owner of the brand;

(4)  imports into the United States or exports from the

United States covered television devices for sale in this

Commonwealth;

(5)  sells at retail a covered television device acquired

from an importer that is the manufacturer as described in

paragraph (4) and elects to register in lieu of the importer

as the manufacturer for those products;

(6)  manufactures covered television devices, supplies

them to any person or persons within a distribution network

that includes wholesalers or retailers in this Commonwealth

and benefits from the sale in this Commonwealth of those

covered television devices through such distribution network;

or

(7)  assumes the responsibilities and obligations of a

television manufacturer under this act.

(1)  manufactures covered television devices to be sold

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under its own brand as identified by its own brand label or

sold under a brand it licenses;

(2)  sells covered television devices manufactured by

others under its own brand as identified by its own brand

label; or

(3)  assumes the duties imposed on a television

manufacturer under this act.

CHAPTER 3

DUTIES OF MANUFACTURERS AND RETAILERS

Section 301.  Applicability.

The collection, transportation and recycling provisions of

this act shall apply only to covered devices used by and

collected from a consumer in this Commonwealth.

Section 302.  Sales prohibition.

(a)  General rule.--No manufacturer or and, no later than 12

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months after the effective date of this section, no retailer may

sell or offer for sale in this Commonwealth a new covered device

unless the brand is included on the list of registered

manufacturers and their brands maintained by the department

pursuant to subsection (b).

(b)  List to be maintained by department.--Beginning April 1,

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2010 No later than six months after the effective date of this

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section, the department shall maintain a list of each registered

manufacturer, the brands of all covered devices reported in each

manufacturer's registration and the brands of covered devices

for which no manufacturer has registered and post the list on

the department's Internet website.

(c)  Duty of retailers to consult list.--

(1)  A Beginning no later than 12 months after the

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effective date of this section, a retailer of new covered

devices to be offered for sale in or into this Commonwealth

shall consult the list prior to selling new covered devices

in this Commonwealth.

(2)  A retailer shall be considered to have complied with

paragraph (1) if, on the date that the new covered device was

ordered from the retailer, the brand was on the list of

registered manufacturers and is posted on the Internet

website identified in subsection (b).

Section 303.  Labeling requirement.

On or after the effective date of this section, no

manufacturer or retailer may sell or offer for sale in this

Commonwealth a new covered device unless it is labeled with the

manufacturer's name and brand whether owned or licensed.

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Section 304.  Registration.

(a)  Manufacturers registration.--

(1)  A manufacturer of new covered devices offered for

sale in this Commonwealth shall register with the department

by January 30, 2011, or six months after the effective date

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of this section, whichever is later, and pay a registration

fee of $5,000.

(2)  After January 30, 2011, or six months after the

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effective date of this section, whichever is later, if a

manufacturer has not previously filed a registration, the

manufacturer shall file a registration with the department

prior to any offer for sale or delivery in this Commonwealth

of the manufacturer's new covered devices and shall pay to

the department a registration fee of $5,000.

(3)  A registered manufacturer shall submit an annual

renewal of its registration to the department and pay to the

department a registration fee of $5,000 by January 1 of each

program year. The registration and each annual renewal shall

include a list of all brands the manufacturer is using on its

covered devices regardless of whether the manufacturer owns

or licenses the brand, and shall be effective upon receipt by

the department.

(b)  Reporting by computer manufacturers.--By April 1, 2010,

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the department shall establish a procedure for an auditable,

statistically significant sampling of covered computer devices

collected from consumers in this Commonwealth and an audit

procedure for the sampling results. The results of the sampling

shall consist of a list of brands of covered computer devices

and the weight of covered computer devices of each brand. Prior

to final adoption of the sampling procedure, the department

shall notify the public, including all registered manufacturers

selling computer devices, of the availability of the proposed

sampling procedure, shall provide a 30-day public comment period

and shall prepare and make available to the public a written

response to public comments received during the public comment

period.

(c) (b)  Reporting by television manufacturers.--

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(1)  In addition to reporting all brands under which its

covered television devices are offered for sale, regardless

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of whether the television manufacturer owns or licenses the

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brand, the television manufacturer's annual report to the

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department shall include the market share of all new covered

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television devices sold in this Commonwealth in the previous

program year. The market share for a television manufacturer

shall be determined using sales data submitted to the

manufacturer or the department by retailers pursuant to

section 306(b).

(2)  During the first program year after the effective

date of this section registered television manufacturers

shall collect data on the total weight of new covered

televisions sold during that year. The television

manufacturer's program obligations for the second and

subsequent program years shall be based upon the television

manufacturer's total weight in pounds multiplied by the

television manufacturer's market share in the previous

program year an estimate of the total weight of its covered

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television devices sold to households during the previous

year calculated by multiplying the weight of its covered

television devices sold nationally times the quotient of this

Commonwealth's population divided by the national population.

The report required under this paragraph shall be submitted

to the department upon initial registration and then by

January 30 each year thereafter.

(3) (2)  When a manufacturer or group of manufacturers

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conducts its own collection, transportation and recycling

program for covered devices, the manufacturer or group of

manufacturers shall submit a report to the department

annually by January 30, beginning the year after the program

is initiated. The report, sampling, if applicable, and

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weighing required by this paragraph shall be paid for by the

manufacturer or group of manufacturers. The report shall

consist of:

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(i)  The the total weight of covered computer 

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devices, including orphan share or covered television

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devices, collected from consumers in this Commonwealth by

the manufacturer or group of manufacturers during the

previous program year and documentation verifying

collection and recycling of such devices.

(ii)  The results of a statistically significant

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sampling, if applicable, conducted in accordance with the

sampling procedure established by the department pursuant

to paragraph (1) of covered computer devices collected

from consumers in this Commonwealth by the manufacturer

or group of manufacturers during the previous program

year. The manufacturer shall audit the sampling results

in accordance with the audit procedure established by the

department pursuant to paragraph (1). The sampling may be

conducted by a third-party organization, including a

recycler, to be determined by the manufacturer or group

of manufacturers.

(C)  Sales data.--Any national sales data submitted by a

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television manufacturer to the department to fulfill its

obligations under this act shall be exempt from disclosure under

the provisions of the act of February 14, 2008 (P.L.6, No.3),

known as the Right-To-Know Law, and shall not be disclosed by

the department unless otherwise required by law or court order.

Section 305.  Manufacturer plan and reporting.

(a)  Collection, transportation and recycling plan.--

(1)  A manufacturer shall establish, conduct and manage a

plan to collect, transport and recycle a quantity of covered

computer devices equal to the manufacturer's return share in

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weight or, in the case of covered television devices, the

manufacturer's market share. The plan shall be submitted to

the department for review.

(2)  A group of manufacturers may submit a joint plan to

collect, transport and recycle the sum of the return shares

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in weight in the case of covered computer devices of each

participating manufacturer or, in the case of covered

television devices, the television manufacturer's market

share.

(b)  Contents of plan.--The plan required under subsection

(a) shall include:

(1)  Methods that will be used to collect the covered

devices, including the name and locations of proposed

collection sites.

(2)  The processes that will be used to recycle,

including a description of the recycling processes that will

be used and the names and locations of recyclers to be

directly utilized by the plan.

(3)  Means that will be utilized to publicize the

collection opportunities, including specification of an

Internet website address or toll-free telephone number that

provides information about the manufacturer's program in

sufficient detail to allow consumers to learn how to return

their covered devices for recycling.

(4)  The intention of the manufacturer or each

manufacturer to fulfill its obligated share under this act,

through operation of its own program, either individually or

with other manufacturers as a group.

(5)  A listing of all collection sites for covered

electronic devices and covered television devices.

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(c)  Approval of plan.--

(1)  The department shall review a plan submitted to it

under subsection (a) and, within 60 days of receipt of the

plan, determine whether the plan complies with the provisions

of this act.

(2)  If the department approves the plan, the department

shall notify the manufacturer or group of manufacturers. If

the department rejects the plan, in whole or in part, the

department shall notify the manufacturer or group of

manufacturers and provide the reasons for the plan's

rejection. Rejection of a plan shall be based on the plan's

failure to provide the information required by subsection

(b).

(3)  Within 30 days after receipt of the department's

rejection, the manufacturer or group of manufacturers may

revise and resubmit the plan to the department for approval.

(d)  Effect of failure to comply with approval plan.--

(1)  (i)  If the total weight in pounds of covered

devices collected, transported and recycled during a

program year by a manufacturer or group of manufacturers

is less than the sum of the obligated shares in weight

for that program year of each manufacturer participating

in the plan, the manufacturer or group of manufacturers

shall submit to the department, by March 15 of the

following program year, a payment to cover the cost of

collecting, transporting and recycling the unmet portion

of the sum of the obligated shares in weight.

(ii)  The payment shall be equal to the quantity of

the unmet portion, in pounds, plus an additional 10% of

such quantity, multiplied by the cost per pound for

collection, transportation and recycling of covered

devices.

(iii)  All payments collected under subparagraph (ii)

shall be deposited into the Recycling Fund and shall be

used to fund the activities under section 501 and other

recycling programs within this Commonwealth.

(2)  The department shall:

(i)  Determine the average cost for collection and

transportation of covered devices to be used in

calculating the penalties under this paragraph.

(ii)  No more frequently than annually and no less

frequently than biennially review these costs and shall

publish for public comment any proposed changes to these

costs.

(e)  Multiple computer manufacturers.--

(1)  Where more than one person may be deemed the

computer manufacturer of a brand of a covered computer

device, any one or more such persons may assume

responsibility for and satisfy the obligations of a

manufacturer under this act with respect to covered computer

devices bearing that brand.

(2)  In the event that no person assumes responsibility

for and satisfies the obligations of a computer manufacturer

under this act with respect to covered devices bearing that

brand, for purposes of compliance with these provisions, the

responsible party shall be the person who satisfies paragraph

(1) of the definition of computer manufacturer.

(f)  Construction.--Nothing in this act shall be construed to

exempt any person from liability that person would otherwise

have under applicable law.

Section 306.  Retailer responsibility.

(a)  Public notice.--A retailer shall clearly post and

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provide information provided by the department that describes

where and how to recycle a covered device and opportunities and

locations for the collection and return of the covered device,

through the use of a toll-free telephone number and Internet

website, information included in the packaging or information

provided accompanying the sale of the covered device.

(b)  Sales.--

(1)  A retailer who sells a new covered television device

during a calendar year shall report the number and weight of

new covered television devices from each television

manufacturer sold by that retailer during that calendar year

to the department within 30 days of the end of the calendar

year. The report submitted by the retailer to the department

shall be exempt from disclosure under the provisions of the

act of February 14, 2008 (P.L.6, No.3), known as the Right-

to-Know Law, and shall not be disclosed by the department

unless otherwise required by law or court order, however, all

aggregated data compiled by the department shall not be

exempt from the provisions of the Right-to-Know Law.

(2)  The department shall utilize this data exclusively

to calculate a covered television manufacturer's market

share.

(3)  A television manufacturer of a covered television

device may request of the department a copy of the

information on the brands for which they are a manufacturer

and which brands may be included in the report submitted by a

retailer to the department. The department shall only provide

information on the brands the television manufacturer is

using, regardless of whether the television manufacturer

licenses or owns the brands, and this information shall be

exempt from the provisions of the Right-to-Know Law.

(4) notify customers about the manner in which to recycle

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a covered device and of the locations for the collection and

return of covered devices. This notification shall occur

either by posting the information within the retail location,

by providing the department's toll-free telephone number,

Internet website or both, or by providing retailer-developed

information.

(b)  Compliance.--A retailer shall comply with sections

302(a) and (c) and 303.

CHAPTER 5

ADMINISTRATION

Section 501.  Duties of department.

The department shall:

(1)  Encourage the use of existing collection and

consolidation infrastructure for handling covered devices to

the extent that this infrastructure is accessible on a

regular and ongoing basis to at least 85% of the population

of this Commonwealth, is cost effective and meets the

environmentally sound management requirements of section 506.

(2)  Update the list maintained pursuant to section

302(b) upon receipt by the department of a manufacturer's

registration or an annual manufacturer registration renewal.

(3)  Organize and coordinate public education and

outreach. The department shall work with retailers to develop

the appropriate public education and outreach materials and

to assist retailers as necessary in the conduct of their

public education and outreach efforts.

(4)  Review all plans submitted by a manufacturer or

group of manufacturers for the collection, transportation and

recycling of covered devices.

(5)  Oversee the implementation of all approved plans and

take the necessary actions to ensure compliance with approved

plans.

Section 502.  Annual report.

The department shall prepare and submit annually to the

General Assembly and post on its Internet website a report that

includes:

(1)  The total weight of covered computer devices or

covered television devices collected in this Commonwealth

during the previous calendar year.

(2)  A complete listing of all manufacturers' collection,

transportation and recycling programs and collection sites

operating in this Commonwealth during the prior calendar

year, the parties that operated them and the amount of

material by weight collected at each site.

(3)  An evaluation of the effectiveness of the education

and outreach program.

(4)  An evaluation of the existing collection and

processing infrastructure.

(5)  Recommendations for expanding the program to include

additional electronic devices. All recommendations shall be

accompanied by an analysis of the positive and negative

aspects along with a cost benefit analysis of the

recommendations.

Section 503.  Additional duties.

The department shall:

(1)  Maintain an Internet website and toll-free telephone

number complete with up-to-date listings of where consumers

may take covered computer devices or covered television

devices for recycling under this act.

(2)  No more frequently than annually and no less

frequently than biennially, review at a public hearing the

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amount of the covered computer device and covered television

device recycling and registration fee. Recommended changes to

the covered computer device and covered television device

recycling program and registration fees shall be included in

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the annual report published in the Pennsylvania Bulletin. The

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department shall provide for a 30-day public comment period

on the recommended changes. The department shall consider all

comments received and revise accordingly any of its original

recommendations and changes to the program or fees, which

shall be contained in the annual report.

Section 504.  Fees for collection or recycling of covered

computer devices.

No manufacturer or retailer may charge a fee or cost to a

consumer for the collection, transportation or recycling of a

covered electronic device or a covered television device, unless

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a financial incentive of equal or greater value is provided to

the consumer. The financial incentive may be in the form of a

coupon or rebate.

Section 505.  Environmentally sound management requirements.

(a)  General rule.--Covered devices collected through any

program in this Commonwealth, whether by a manufacturer,

retailer, for-profit or not-for-profit corporation or unit of

government, shall be recycled in a manner that is in compliance

with all applicable Federal, State and local laws, regulations

and ordinances and may not be exported for disposal in a manner

that poses a significant risk to the public health or the

environment.

(b)  Performance requirements.--The department shall

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establish performance requirements to conduct collection,

transportation and recycling programs for covered devices. All

entities shall, at a minimum, demonstrate to the satisfaction of

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the department compliance with the Environmental Protection

Agency's: Guidelines for Materials Management of the Partnership

referred to as Plug-In to eCycling or Responsible Recycling (R2)

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Practices for use in Accredited Certification Programs as issued

or any subsequent revisions or new editions and make this

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available on the Internet website described in subsection (c) in

addition to any other requirements mandated by Federal or State

law.

(c)  Department to maintain Internet website.--The department

shall maintain an Internet website that includes a list of

entities and organizations that the department has determined

have met the performance requirements.

Section 506.  Disposal ban.

(a)  General rule.--Two years after the effective date of

this section, no person may place in municipal solid waste a

covered device or any of the components or subassemblies

thereof, excluding any nonhazardous residuals produced during

recycling in any solid waste disposal facility.

(b)  Hold harmless.--An owner or operator of a solid waste

disposal facility shall not be found in violation of this

section if such owner or operator has:

(1)  made a good faith effort to comply with this

section;

(2)  posted in a conspicuous location at the facility a

sign stating that covered electronic devices and covered

television devices or any components thereof shall not be

accepted at such facility; and

(3)  notified, in writing, all collectors registered to

deposit solid waste to such facility that such devices or

components shall not be accepted at the facility.

(c)  Definition.--For purposes of this section, "facility"

shall have the same meaning given to it in section 103 of the

act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste

Management Act. The term does not include a transfer station.

Section 507.  Enforcement.

(a)  Judicial action.--

(1)  The Commonwealth, through the Attorney General and

the department, may initiate independent action to enforce

any provision of this act, including failure by the

manufacturer to submit a plan as required in section 305 or

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to remit the registration fee pursuant to section 304(a) to

the department.

(2)  Any funds awarded by the court shall be used first

to offset enforcement expenses. Money in excess of the

enforcement expenses shall be deposited into the Electronic

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Materials Recycling Fund Account and used to support the

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activities under section 501 and other recycling programs

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within this Commonwealth this act.

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(b)  Penalties.--

(1)  Any manufacturer who fails to label its new covered

devices with a brand, as required by section 303, who fails

to register with the department and pay a registration fee,

as required by section 304(a), may be assessed a penalty of

up to $10,000 for the first violation and up to $25,000 for

the second and each subsequent violation in addition to

paying for any fees, payments and penalties required by or

imposed pursuant to this act.

(2)  Except as otherwise provided under paragraph (1),

any person, including a retailer, who violates any

requirement of this act may be assessed a penalty of up to

$1,000 for the first violation and up to $2,000 for the

second and each subsequent violation, in addition to paying

for any fees, payments and penalties required by or imposed

pursuant to this act.

(3)  All penalty moneys collected under paragraphs (1)

and (2) shall be deposited into the Electronic Materials

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Recycling Fund Account and used to support the activities

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under section 501 and other recycling programs within this

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Commonwealth this act.

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(c)  Injunctive relief.--A violation of the sales

prohibitions of this act may be enjoined in an action in the

name of the Commonwealth, brought by the Attorney General.

Section 508.  Regulations.

The department may adopt rules and regulations as shall be

necessary for the purpose of administering this act. The

regulations shall be promulgated in accordance with the act of

June 25, 1982 (P.L.633, No.181), known as the Regulatory Review

Act.

Section 509.  Multistate implementation.

The department may participate in the establishment and

implementation of a regional, multistate organization or compact

to assist in carrying out the requirements of this act.

Section 510.  Electronic Materials Recycling Account.

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(a)  Establishment.--The Electronic Materials Recycling

Account is established as a restricted account in the General

Fund. All proceeds resulting from the manufacturer's

registration fees, renewal fees, penalties and judicial actions

shall be deposited into the account.

(b)  Uses.--The department may expend the moneys of the

Electronic Materials Recycling Account only to carry out the

duties imposed on the department under this act.

CHAPTER 7

MISCELLANEOUS PROVISIONS

Section 701.  Expiration.

(a)  Duty of Secretary of Environmental Protection to monitor

Federal law.--

(1)  The secretary shall monitor the enactment of laws by

the Congress of the United States to determined whether any

law has been so enacted that establishes a program directed

to the collection and recycling of covered devices.

(2)  If the secretary determines that such a law is

enacted, the secretary shall publish that determination as a

notice in the Pennsylvania Bulletin. The notice shall include

a statement that the effect of the notice is the immediate

expiration of this act as provided under subsection (b).

(b)  Effect of secretary's determination.--This act shall

expire on the date a determination of the secretary under

subsection (a) is published in the Pennsylvania Bulletin.

Section 702.  Effective date.

This act shall take effect in 60 days.