COVERED DEVICE RECYCLING ACT - ENACTMENT
                 Act of Nov. 23, 2010, P.L. 1083, No. 108             Cl. 27
                                  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
     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 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.
        "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.
        "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.
        "Manufacturer."  A computer manufacturer or a television
     manufacturer.
        "Market share."   An estimate of the total weight of a
     manufacturer's sales of covered devices during the previous
     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.
        "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
     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.
        "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.
        "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 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
        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 by 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 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)  (Reserved).
     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. 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
        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.
        (e)  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.
        (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.
                (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.
        (h)  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 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 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 devices for recycling under this act.
            (2)  No more frequently than annually and no less
        frequently than biennially, review the amount of the covered
        device recycling and registration fee. The Environmental
        Quality Board may promulgate 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
                    devices.
        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.--
            (1)  All entities shall, at a minimum, demonstrate to the
        satisfaction of the department that 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 its components, 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 devices or any of their 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.
        (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 Environmental Quality Board 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.
        (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 determine 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.