SENATE AMENDED

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

SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, SEPTEMBER 29, 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

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.

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, professional workstation,

server, mobile telephone, portable handheld calculator, portable

digital assistant, MP3 player or other similar device.

"Computer manufacturer."  A person:

(1)  who manufactures covered computer devices to be sold

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.

The term does not include a person who manufactures only

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peripheral computer devices.

"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 small business

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use. For purposes of this definition a small business is an

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entity that is independently owned or operated, employs 50 or

fewer people, has purchased or leased a covered computer device

from a computer manufacturer or retailer and, but for the

program established under this act, would not otherwise have

access to electronic recycling programs.

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

computer monitor or peripheral, marketed and intended for use by

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 or a mobile telephone.

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"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."   An estimate of the total weight of a

television manufacturer's sales of covered television devices

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during the previous program year calculated by multiplying the

weight of its covered television devices sold nationally times

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the quotient of this Commonwealth's population divided by the

national population.

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

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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 

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devices that reflects a manufacturer's returns share or covered

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television devices that reflects a manufacturer's market share

responsibility under this act.

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

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manufacturer may be identified.

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

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

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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 to be sold

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

being sold under a brand it licenses; is licensed to use;

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(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 and, no later than 12

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.-- No later than six

months after the effective date of this 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)   Beginning no later than 12 months after the

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 by the retailer, the brand was on the list of

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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 brand whether owned or licensed.

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

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

fee of $5,000.

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

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 manufacturers.--

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

covered devices are offered for sale, regardless of whether

the manufacturer owns or licenses the brand, the  

manufacturer's annual report to the department shall include 

an estimate of the total weight of its covered 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.

(2)  When a manufacturer or group of manufacturers

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 shall consist of the total weight of

covered 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.

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

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.

(b)  (Reserved).

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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 market share.

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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 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  

devices.

(6)  For an initial plan submitted by a manufacturer or

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group of manufacturers, an estimate of the weight of covered

devices to be collected during the first program year. The

plan shall also include information demonstrating the process

by which the manufacturer or group of manufacturers will

increase the collection of covered devices by a minimum of 2%

by weight per year beginning with the second full program

year.

(c)  Reporting by manufacturers.--

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

its covered devices are offered for sale, regardless of

whether the manufacturer owns or licenses the brand, the

manufacturer's annual report to the department shall

include: an estimate of the total weight of its covered

devices sold to households during the previous year

calculated by multiplying the weight of its covered

devices sold nationally times the quotient of this

Commonwealth's population divided by the national

population.

(ii)  The report required under this paragraph shall

be submitted to the department upon initial registration

and then by January 30 each year thereafter.

(2)  When a manufacturer or group of manufacturers

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 shall consist of the total weight of

covered devices collected from consumers in this Commonwealth

by the manufacturer or group of manufacturers during the

previous year and documentation verifying collection and

recycling of the devices.

(d)  Sales data.--National sales data submitted by a

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.

(c) (e)  Approval of plan.--

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(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) (f)  Effect of failure to comply with approval approved 

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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 Electronic Materials

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Recycling Fund Account and shall be used to fund 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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(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) (g)  Multiple computer manufacturers.--

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

computer manufacturer of a brand of a covered computer 

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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 

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devices bearing that brand.

(2)  In the event that no person assumes responsibility

for and satisfies the obligations of a computer manufacturer

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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.

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

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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 notify customers about

the manner in which to recycle 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

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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 

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devices for recycling under this act.

(2)  No more frequently than annually and no less

frequently than biennially, review the amount of the covered

computer device and covered television device recycling and

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registration fee. Recommended changes to the covered computer

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device and covered television device recycling program and

registration fees shall be published in the Pennsylvania

Bulletin. The 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. The Environmental Quality Board may promulgate

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regulations to adjust fees so that the fees generate

sufficient revenue reasonably necessary to implement this

act.

Section 504.  Fees for collection or recycling of covered

computer devices.

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

consumer for the collection, transportation or recycling of a

covered device, unless 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.-- All

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(1)  All entities shall, at a minimum, demonstrate to the

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satisfaction of the department compliance with the

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Environmental Protection Agency's: Guidelines for Materials

Management of the Partnership referred to as Plug-In to

eCycling or Responsible Recycling (R2) Practices for use in

Accredited Certification Programs as issued or any subsequent

revisions or new editions and make this available on the

Internet website described in subsection (c) in addition to

any other requirements mandated by Federal or State law. that

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the facility to be used to recycle covered devices has

achieved and maintained third-party accredited certification

from:

(i)  the Responsible Recycling (R2) Practices

Standard;

(ii)  the e-Stewards standard; or

(iii)  an internationally accredited third-party

environmental management standard for the safe and

responsible handling of covered devices.

(2)  All entities shall provide information about their

certification and its standing to the department along with

any other requirements regarding this subsection that may be

mandated by Federal or State law. The department shall make

this information available on its Internet website.

(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 

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its components, excluding any nonhazardous residuals produced

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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

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television devices or any components thereof of their

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components 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 

their components shall not be accepted at the facility.

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(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

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

Materials Recycling Account and used to support the

activities under this act.

(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

Recycling Account and used to support the activities under  

this act.

(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 Environmental Quality Board may adopt rules

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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.

(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 determine 

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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.