PRINTER'S NO. 2320
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1736
Session of
2017
INTRODUCED BY C. QUINN, DEAN, BARRAR, V. BROWN, CHARLTON,
MULLERY, KAUFFMAN, D. COSTA, WATSON, A. HARRIS AND FARRY,
AUGUST 18, 2017
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
AUGUST 18, 2017
AN ACT
Amending the act of November 23, 2010 (P.L.1083, No.108),
entitled "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," in preliminary provisions, further
providing for definitions; in duties of manufacturers and
retailers, further providing for registration and for
manufacturer plan and reporting; establishing the
Supplementary Program and the Supplementary Program Fund;
and, in administration, further providing for duties of
department, for fees for collection or recycling of covered
devices and for enforcement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102 of the act of November 23, 2010
(P.L.1083, No.108), known as the Covered Device Recycling Act,
is amended to read:
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
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context clearly indicates otherwise:
"Brand." Symbols, words or marks that identify a covered
device, rather than any of its components.
"Cathode ray tube" or "CRT." A vacuum tube or picture tube
used to convert an electronic signal into a visual image.
"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
peripheral computer devices.
"Consumer." [An] A small business or 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
small business use. For purposes of this definition, a small
business is an 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.
"Contract target weight." The share of the Supplementary
Program target weight for each contract resulting from an
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accepted request for proposal under that program, in which the
weight of the share is determined by dividing the population of
the county or counties participating in the request for proposal
by the total population of this Commonwealth and then
multiplying the result by the Supplementary Program target
weight for that year.
"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,
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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.
"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
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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.
"Estimated cost of contract plus collection." The sum of the
price per pound of each contract plus the price per pound of
collection paid to the county times the contract target weight
of that contract.
"Final registered manufacturer's obligated weight." A
registered manufacturer's market share multiplied by the final
total collected weight.
"Final Supplementary Program price per pound." The total of
all costs paid out of the Supplementary Program Fund in the year
divided by the total pounds collected under the Supplementary
Program during that year.
"Final total collected weight." The sum of the total weight
collected by each of the registered manufacturers and the total
weight collected under the Supplementary Program.
"Fund." The Supplementary Program Fund established under
this act.
"Invitation for bid." All documents, including those either
attached or incorporated by reference, used for soliciting bids.
"Manufacturer." A computer manufacturer or a television
manufacturer. The term shall not include a manufacturer who
produces less than 100 units per year or the refurbishment of
covered devices for resale.
"Market share by weight." An estimate of the total weight of
a manufacturer's sales of covered devices during the previous
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program 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.
" Market share percentage. " A factor determined by dividing
an individual registered manufacturer ' s market share by weight
by the total of all registered manufacturers ' market shares by
weight.
"New covered device." A covered 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 devices that
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reflects a manufacturer's market share responsibility under this
act.
"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.
"Registered manufacturer share of Supplementary Program."
Each registered manufacturer ' s financial obligation under the
Supplementary Program calculated by multiplying the registered
manufacturer ' s market share percentage times the total estimated
cost of Supplementary Program.
"Responsive bid." A bid which conforms in all material
respects to the requirements and criteria in the invitation for
bids.
"Retail sales." The sale of covered devices through sales
outlets, via the Internet, mail order or other means, regardless
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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.
"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.
" Supplementary Program. " A program intended to collect,
transport and recycle covered devices that consumers wish to
dispose of and are not otherwise collected and recycled through
a manufacturer's program.
" Supplementary Program target weight. " Estimated surplus
covered devices as determined by the department prior to the
beginning of the program year. For 2018, the term shall be
30,000,000 pounds. In subsequent years, the department shall set
the target weight based on the prior year ' s actual collected
weight in the Supplementary Program.
"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 is licensed to use;
(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
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manufacturer under this act.
" Total estimated cost of Supplementary Program. " The sum of
the estimated cost of contracts awarded in this Commonwealth for
that program year, including associated county collection costs.
Section 2. Sections 304 and 305 of the act are amended to
read:
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,] August 31 and pay a
registration fee of [$5,000] $10,000.
(2) After [January 30, 2011, or six months after the
effective date of this section, whichever is later] August
31, 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] $10,000.
(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]
$10,000 by August 31 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) (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
devices equal to the manufacturer's market share by weight.
The plan shall be submitted to the department for review by
August 31 of each program year.
(1.1) A manufacturer may opt out of the requirements of
this section by notifying the department by August 31 of each
program year of its intent to meet its obligations under this
act entirely in accordance with Chapter 4 and by making a
payment into the fund in an amount equal to its share under
this section.
(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
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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
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.]
(7) A plan to collect covered devices in each of the
department ' s six regions.
(8) A plan to collect covered devices throughout the
calendar year, including the collection of no less than 10%
of a manufacturer ' s obligated share per quarter.
(9) A plan to manage CRTs collected through the program,
which plan shall provide for recycling or smelting within one
year of collection in accordance with all applicable Federal
and State laws.
(c) Reporting by manufacturers.--
(1) (i) [In] For the year 2017 and each year
thereafter, 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
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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.] the manufacturer's market share by weight
calculated on June 30, based on the prior 12 months of
sales.
(ii) The report required under this paragraph shall
be submitted to the department upon initial registration
and [then by January 30] by October 31 and 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.
(e) Approval of plan.--
(1) The department shall review a plan submitted to it
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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.
[(f) Effect of failure to comply with approved 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.
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(iii) All payments collected under subparagraph (ii)
shall be deposited into the Electronic Materials
Recycling Account and shall be used to fund the
activities under this act.
(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.]
(g) Multiple manufacturers.--
(1) Where more than one person may be deemed the
manufacturer of a brand of a covered 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 devices bearing that brand.
(2) In the event that no person assumes responsibility
for and satisfies the obligations of a 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 manufacturer.
(3) The manufacturer or group of manufacturers shall
submit a report to the department quarterly, 30 days after
the conclusion of each quarter. 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 quarter, including
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documentation verifying collection and recycling of the
devices.
(h) Construction.--Nothing in this act shall be construed to
exempt any person from liability that person would otherwise
have under applicable law.
Section 3. The act is amended by adding a chapter to read:
CHAPTER 4
SUPPLEMENTARY PROGRAM
Section 401. Supplementary Program target weight.
(a) Collection year 2017.--For collection year 2017,
manufacturers registered under this act may collect in excess of
their obligated share, and upon verification, have the excess
weight counted toward their obligation for the 2018 collection
year.
(b) Collection year 2018.--For collection year 2018,
manufacturers registered under this act shall have a total
obligated share as follows:
(1) One hundred percent of their obligated share through
plans submitted under section 305.
(2) The Supplementary Program target weight through
collections as provided for under this chapter.
Section 402. County participation in Supplementary Program.
Counties wishing to participate in the Supplementary Program
provided for in this chapter shall, by August 31, 2017, and on
that date each year thereafter, designate up to three locations,
or more if the department deems necessary, in that county
suitable for collection sites for covered devices as follows:
(1) Each site shall meet standards provided by the
department regarding adequate storage space for at least 12
pallets or similar containers comprising a truckload, which
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pallets or similar containers are stacked, sorted by product
type, shrink-wrapped and ready for shipment.
(2) Each site shall have regular operating hours through
the year and be staffed to ensure that only covered devices
are placed in the designated pallets or similar containers.
(3) Each site shall accept all covered devices
regardless of type or brand.
(4) When at least 12 fully loaded pallets, or their
equivalent equal to a truckload, have been accumulated, the
staff at the site shall notify the party designated by the
department contracted under section 403.
(5) The county shall be reimbursed at the rate of $0.05
per pound for covered devices collected, stored and
transported from each site the county has designated from the
account as provided under section 404.
Section 403. Contracts for transportation and recycling in
Supplementary Program.
(a) Invitation to bid.--
(1) The department shall within 120 days of the
effective date of this section and by September 30 of each
year thereafter, in coordination with the Department of
General Services, issue an invitation to bid in accordance
with 62 Pa.C.S. § 512 (relating to competitive sealed
bidding) to transport and recycle the surplus covered devices
returned at the designated sites under section 402.
(2) The department may require bids to cover multiple
counties or regions and may award multiple contracts to
ensure full coverage of this Commonwealth.
(3) Bids shall include information sufficient to prove
to the department's satisfaction that the bidder can provide
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transportation and recycling in accordance with section 505.
(b) Eligibility.--A manufacturer registered in this
Commonwealth under this act shall be eligible to submit
proposals and receive contracts under this section. If an
eligible manufacturer is awarded a contract under this section,
that manufacturer shall be credited, under the terms and
conditions of the contract, for its proportion of surplus
covered devices.
(c) Deadline for award.--The department shall annually award
contracts under this section to the lowest responsible and
responsive bidder by December 1, 2017, and each year thereafter.
(d) Duty to monitor and report.--The department shall on a
quarterly basis monitor and report weight collected under the
Supplementary Program.
Section 404. Supplementary Program Fund.
(a) Establishment.--The Supplementary Program Fund is
established as a restricted account in the State Treasury.
(b) Calculation of obligated shares.--
(1) By December 1, 2017, and each year thereafter, the
department shall calculate each registered manufacturer's
initial obligated share of the fund by multiplying the
registered manufacturer's market percentage share by the
total estimated cost of the Supplementary Program.
(2) Each registered manufacturer shall remit its share
to the department no later than January 31, 2018, and each
year thereafter.
(c) Disbursements.--The department shall authorize
disbursements from the fund to a county and those awarded
contracts under section 403 upon receipt of satisfactory proof
that the weight of covered devices has been:
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(1) in the case of a county, transported from the
collection site by the contractor; or
(2) in the case of a contractor, transported and
recycled in accordance with the contract.
(d) Supplementary assessment authorized.--
(1) The department shall review the balance in the fund
at least quarterly to determine if the balance is sufficient
to meet payment obligations to the counties and those awarded
contracts under the Supplementary Program.
(2) If the fund has a balance of less than 45% of the
total assessed for that year on June 30, less than 20% of the
total assessed for that year on September 30, or the
department otherwise determines that the fund is insufficient
to cover authorized disbursements, the department shall
notify the registered manufacturers that a supplementary
assessment is due.
(3) The total supplementary assessment shall be
sufficient to restore the fund to 50% of the total estimated
cost of Supplementary Program for that year by July 31 or 25%
by October 31 or in such an amount as the department deems
necessary.
(4) The supplementary assessment shall be charged to
each manufacturer based on its respective market share
percentage for that year and shall be due and payable 30 days
after being presented by the department.
(e) Meeting obligated shares.--A manufacturer may meet its
obligated share through either its manufacturer plan under
section 305 or the Supplementary Program, or a combination of
both programs.
(f) Adjustments for shortfalls and credits.--
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(1) At the end of the program year, the department shall
deduct the actual weight collected by a registered
manufacturer from the manufacturer's final registered
manufacturer's obligated weight and multiply the difference
by the final Supplementary Program price per pound.
(2) If the resulting amount is more than the amount paid
into the fund by that manufacturer, the department shall
notify the manufacturer of the amount of the shortfall and
the manufacturer shall pay that amount into the fund within
30 days of the notice.
(3) If the amount paid into the fund is in excess of the
amount due from that manufacturer, the manufacturer, at its
option, may request a refund paid out of the fund or leave
the balance in the fund as a credit against an obligation for
the succeeding year.
Section 405. Calculation of obligated share for future year.
(a) General rule.--The department shall use the final total
collected weight, along with other factors that the department
deems relevant, to establish the Supplementary Program target
weight for the succeeding year.
(b) Duty to adjust.--By January 15, 2019, and each
successive year thereafter, the department shall review, and
adjust if necessary, the total target weight that registered
manufacturers are required to meet in their plans under section
305.
Section 4. Sections 501, 504 and 507 of the act are amended
to read:
Section 501. Duties of department.
The department shall:
(1) Encourage the use of existing collection and
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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 504. Fees for collection or recycling of covered
devices.
(a) General rule.--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.
(b) Nonparticipating sources.--Recyclers may process covered
devices that have been collected from sources that are not
participating in a program under this act as long as they report
to the department that they are doing so and separately report
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weight recycled for participating and nonparticipating sources.
Section 507. Enforcement.
(a) Judicial action.--
(1) The Commonwealth, through the department or in
conjunction with 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.
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(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 department or the
Attorney General.
Section 5. This act shall take effect in 60 days.
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