PRINTER'S NO. 4530
No. 7 Session of 2006
INTRODUCED BY ROSS, ARGALL, BALDWIN, CALTAGIRONE, CAPPELLI,
CORNELL, CRAHALLA, DALLY, FRANKEL, GEIST, GEORGE, GERGELY,
GINGRICH, GOODMAN, GRELL, HARPER, HERSHEY, JAMES, JOSEPHS,
KOTIK, LEACH, LEVDANSKY, MANN, MARKOSEK, NICKOL, O'NEILL,
RUBLEY, SIPTROTH, SONNEY, SURRA, TANGRETTI, E. Z. TAYLOR,
TIGUE, WATSON, YOUNGBLOOD, FREEMAN, REICHLEY AND B. SMITH,
AUGUST 16, 2006
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
AUGUST 16, 2006
AN ACT
1 Establishing a recycling program for used electronic devices;
2 imposing duties on manufacturers and retailers of used
3 electronic devices; and providing for the powers and duties
4 of the Department of Environmental Protection and for
5 enforcement.
6 TABLE OF CONTENTS
7 Chapter 1. Preliminary Provisions
8 Section 101. Short title.
9 Section 102. Definitions.
10 Chapter 3. Duties of Manufacturers and Retailers
11 Section 301. Sales prohibition.
12 Section 302. Labeling requirement.
13 Section 303. Reporting and registration.
14 Section 304. Manufacturer responsibility.
15 Section 305. Retailer responsibility.
16 Chapter 5. Administration
1 Section 501. Duties of department.
2 Section 502. Fees for collection or recycling of covered
3 electronic products.
4 Section 503. Reimbursement for collection, transportation
5 and recycling.
6 Section 504. Environmentally sound management requirements.
7 Section 505. Disposal ban.
8 Section 506. Enforcement.
9 Section 507. Regulations.
10 Section 508. Multistate implementation.
11 Chapter 7. Miscellaneous Provisions
12 Section 701. Relation to Federal law.
13 Section 702. Effective date.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 CHAPTER 1
17 PRELIMINARY PROVISIONS
18 Section 101. Short title.
19 This act shall be known and may be cited as the Used
20 Electronic Device Recycling Act.
21 Section 102. Definitions.
22 The following words and phrases when used in this chapter
23 shall have the meanings given to them in this section unless the
24 context clearly indicates otherwise:
25 "Cathode ray tube" or "CRT." A vacuum tube or picture tube
26 used to convert an electronic signal into a visual image.
27 "Computer." An electronic, magnetic, optical,
28 electrochemical or other high-speed data processing device
29 performing logical, arithmetic or storage function. The term
30 includes, but is not limited to, a computer central processing
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1 unit and a monitor. The term does not include an automated
2 typewriter or typesetter, a portable handheld calculator, a
3 portable digital assistant or other similar device.
4 "Consumer." An individual who purchases a covered electronic
5 device in a transaction that is a retail sale.
6 "Covered electronic device" or "CED." A desktop or personal
7 computer, computer monitor, portable computer, CRT-based
8 television or non-CRT-based television sold to consumers. The
9 term does not include any of the following:
10 (1) A covered electronic device that is a part of a
11 motor vehicle or any component part of a motor vehicle
12 assembled by or for a vehicle manufacturer or franchised
13 dealer, including replacement part for use in a motor
14 vehicle.
15 (2) A covered electronic device that is functionally or
16 physically a part of a larger piece of equipment designed and
17 intended for use in an industrial, commercial or medical
18 setting, including diagnostic, monitoring or control
19 equipment.
20 (3) A covered electronic device that is contained within
21 a clothes washer, clothes dryer, refrigerator, refrigerator
22 and freezer, microwave oven, conventional oven or range,
23 dishwasher, room air conditioner, dehumidifier or air
24 purifier.
25 (4) A telephone of any type, unless it contains a video
26 display area greater than four inches when measured
27 diagonally.
28 "Covered electronic recycler." An electronic recycler
29 approved by the Department of Environmental Protection for
30 compensation.
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1 "Department." The Department of Environmental Protection of
2 the Commonwealth.
3 "Manufacturer." A person who, irrespective of the selling
4 technique used, engages in any of the following:
5 (1) Manufactures covered electronic devices under its
6 own brand for sale in this Commonwealth.
7 (2) Manufactures covered electronic devices for sale in
8 this Commonwealth without affixing a brand.
9 (3) Resells in this Commonwealth covered electronic
10 devices produced by other suppliers under its own brand or
11 label.
12 (4) Imports or exports covered electronic devices into
13 the United States for sale in this Commonwealth. If a company
14 from whom an importer purchases the merchandise has a
15 presence or assets in the United States, that company shall
16 be deemed to be the manufacturer.
17 (5) Manufactures covered electronic devices, supplies
18 them to any person or persons within a distribution network
19 that includes wholesalers or retailers in this Commonwealth
20 and benefits from the sale in this Commonwealth of those
21 covered electronic devices through that distribution network.
22 "Manufacturer's brand." A manufacturer's name, brand name or
23 brand label, and any manufacturer's name, brand name and brand
24 label for which the manufacturer has legal responsibility,
25 including any name, brand name and brand label of a company that
26 has been acquired by the manufacturer.
27 "Monitor." A separate video display component of a computer,
28 whether sold separately or together with a computer central
29 processing unit/computer box. The term includes a cathode ray
30 tube, liquid crystal display, gas plasma, digital light
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1 processing, or other image projection technology, greater than
2 four inches when measured diagonally, and its case, interior
3 wires and circuitry, cable to the central processing unit and
4 power cord.
5 "Obligation." The quantity of covered electronic devices, by
6 weight, identified for an individual manufacturer, as defined by
7 the Department of Environmental Protection under section .
8 "Person." An individual, trust firm, joint stock company,
9 business concern and corporation, including, but not limited to,
10 a government agency, partnership, limited liability company or
11 association.
12 "Portable computer." A computer and video display greater
13 than four inches in size that can be carried as one unit by an
14 individual.
15 "Purchase." The taking by sale of title in exchange for
16 consideration.
17 "Recycling." A process by which covered electronic devices
18 that would otherwise become solid waste or hazardous waste are
19 collected, separated and processed to be returned to use in the
20 form of raw materials or products, in accordance with
21 environmental standards established by the Department of
22 Environmental Protection.
23 "Registrant." A manufacturer of covered electronic devices
24 that is in full compliance with the requirements of this act.
25 "Retail sales." This term includes sales of products through
26 sales outlets, via the Internet, mail order or other means,
27 whether or not the seller has a physical presence in this
28 Commonwealth.
29 "Retailer." A person who owns or operates a business that
30 sells new covered electronic devices in this Commonwealth by any
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1 means to a consumer.
2 "Sell" or "sale." A transfer for consideration of title,
3 including, but not limited to, a transaction conducted through a
4 sales outlet, catalog, the Internet or any other similar
5 electronic means. The term does not include a lease.
6 "State recycling rate." The ratio of the weight of total
7 overall returns of CEDs in this Commonwealth to the weight of
8 total overall sales of CEDs in this Commonwealth during the
9 previous calendar year.
10 "Television." A stand-alone display system containing a CRT
11 or any other type of display primarily designed to receive video
12 programming via broadcast, and that has a viewable area greater
13 than four inches when measured diagonally, is able to adhere to
14 standard consumer video formats such as PAL, SECAM, NTSCing and
15 HDTV and has the capability of selecting different broadcast
16 channels and support sound capability.
17 "Video display." An output surface having a viewable area
18 greater than four inches when measured diagonally that displays,
19 using a cathode ray tube (CRT), liquid crystal display (LCD),
20 gas plasma, digital light processing or other image projection
21 technology, moving graphical images or a visual representation
22 of image sequences or pictures, showing a number of quickly
23 changing images on a screen in fast succession to create the
24 illusion of motion, including, if applicable, a device that is
25 an integral part of the display, and cannot be easily removed
26 from the display by the consumer, that produces the moving image
27 on the screen.
28 CHAPTER 3
29 DUTIES OF MANUFACTURERS AND RETAILERS
30 Section 301. Sales prohibition.
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1 (a) (1) Manufacturers.--A manufacturer who is not in
2 compliance with all financial and other requirements of this
3 act is prohibited from offering a covered electronic device
4 for sale in this Commonwealth.
5 (2) It is unlawful for an entity to offer for sale in
6 this Commonwealth a new covered electronic device from a
7 manufacturer that is not in full compliance with the
8 requirements of this act.
9 (b) List to be maintained by department.--The department
10 shall maintain a list of all manufacturers in compliance with
11 the requirements of this act and post the list on an Internet
12 website.
13 (c) Duty of sellers to consult list.--
14 (1) A seller of products in or into this Commonwealth
15 shall consult the list prior to selling covered electronic
16 devices in this Commonwealth.
17 (2) A seller shall be considered to have complied with
18 paragraph (1) if, on the date that the product was ordered
19 from the manufacturer or its agent, the manufacturer was
20 listed as being in compliance on the Internet website
21 identified in subsection (b).
22 Section 302. Labeling requirement.
23 On and after the effective date of this act, a manufacturer
24 or retailer may not sell or offer for sale a covered electronic
25 product in this Commonwealth unless it is labeled with the
26 manufacturer's brand and the label is permanently affixed and
27 readily visible.
28 Section 303. Reporting and registration.
29 (a) General rule.--Except as otherwise provided under
30 subsection (b), a manufacturer of covered electronic devices
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1 shall report to the department by January 30 of each year the
2 total weight of CEDs sold in this Commonwealth the previous
3 calendar year.
4 (b) Exception.--In lieu of providing the total weight of
5 CEDs sold in this Commonwealth the previous calendar year under
6 subsection (a), a manufacturer may request that the department
7 calculate the total weight of CEDs sold in this Commonwealth by
8 using prorated national sales data based on population in this
9 Commonwealth.
10 (c) Registration.--Each manufacturer of covered electronic
11 devices shall register with the department by January 30 of each
12 year and pay a registration fee of $5,000.
13 Section 304. Manufacturer responsibility.
14 (a) Additional fee.--Except as otherwise provided under
15 subsection (b), a manufacturer of CEDs sold in this Commonwealth
16 shall submit to the department an additional fee based on sales
17 in this Commonwealth. The fee shall be calculated using the
18 following formula: the State recycling rate multiplied by the
19 weight of sales of the manufacturer's covered electronic devices
20 sold in this Commonwealth during the previous calendar year,
21 multiplied by $0.50 per pound.
22 (b) Exception.--
23 (1) In lieu of payment of the fee set forth in
24 subsection (a), a manufacturer or group of manufacturers may
25 submit to the department in accordance with subsection (d) a
26 plan to collect, transport and recycle CEDs.
27 (2) An individual manufacturer submitting a plan in lieu
28 of payment of the fee set forth in subsection (a) must
29 collect, transport and recycle a quantity of CEDs equal to
30 the weight of sales of the manufacturer's covered electronic
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1 devices in this Commonwealth during the previous calendar
2 year multiplied by the State recycling rate.
3 (3) A group of manufacturers that jointly submits a plan
4 in lieu of payment of the fee set forth in subsection (a)
5 shall collect, transport and recycle the sum of the
6 obligations of each participating manufacturer.
7 (c) Contents of plan.--The plan required under subsection
8 (b) must be filed with a manufacturer's annual registration and
9 shall include at a minimum:
10 (1) Methods that will be used to collect the CEDs,
11 including the name and locations of all collection and
12 consolidation points.
13 (2) An estimate of the amount of CEDs that will be
14 collected annually.
15 (3) The processes and methods that will be used to
16 recycle recovered CEDs, including a description of the
17 disassembly, physical recovery operation, whether the
18 operation involves crushing, shredding, grinding, glass to
19 glass recycling, and other operations. The name and location
20 of all facilities to be utilized shall be included.
21 (4) Documentation of audits of each processor used in
22 the plan and compliance with processing standards established
23 under section 504.
24 (5) A description of the accounting and reporting
25 systems that will be employed to track progress toward
26 fulfilling the plan's obligations.
27 (6) Means that will be utilized to publicize the
28 collection opportunities.
29 (7) The intention of the registrant to fulfill its
30 obligations through operation of its own program, either
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1 individually or in partnership with other manufacturers.
2 (8) The total weight of CEDs collected, transported and
3 recycled the previous year.
4 (d) Approval of plan.--
5 (1) The department shall review a plan submitted to it
6 under subsection (b). If the department approves the plan,
7 the manufacturer shall be relieved of the duty to pay the
8 annual fees based upon sales.
9 (2) The department may reject the plan in part or in
10 whole and may impose additional requirements as a condition
11 of approval.
12 (e) Effect of failure to comply with approved plan.--A
13 manufacturer that fails to comply with all the conditions and
14 terms of an approved plan shall submit the following to the
15 department:
16 (1) A payment to cover the cost of collecting,
17 transporting and recycling the unmet portion of its
18 obligation. The payment shall be equal to the following
19 formula: the quantity of the outstanding portion, in pounds,
20 multiplied by no more than $0.50.
21 (2) A penalty in the form of a payment equal to the cost
22 of collecting, transporting and recycling 10% of the
23 manufacturer's total obligation.
24 (f) Credits.--A manufacturer that collects, transports and
25 recycles CEDs in excess of its obligation may sell credits to
26 another registrant or apply that excess to the following year's
27 recycling obligation.
28 Section 305. Retailer responsibility.
29 (a) Public notice.--A retailer shall clearly post and
30 provide information provided by the department that describes
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1 where and how to recycle a covered electronic device and
2 opportunities and locations for the collection or return of the
3 device, through the use of a toll-free telephone number and
4 Internet website, information included in the packaging or
5 information provided accompanying the sale of the covered
6 electronic device.
7 (b) Sales from registrants.--
8 (1) A retailer may only sell products obtained from
9 registrants. A retailer shall consult the list described in
10 section 301 prior to selling covered electronic devices in
11 this Commonwealth.
12 (2) A retailer shall be considered to have complied with
13 paragraph (1) if on the date that the product was ordered
14 from the manufacturer or its agent, the manufacturer was
15 listed as being in compliance on the Internet website.
16 CHAPTER 5
17 ADMINISTRATION
18 Section 501. Duties of department.
19 The department shall:
20 (1) By February 15 of each year, establish the State
21 recycling rate, by calculating the ratio of the weight of
22 total overall returns of CEDs in this Commonwealth to the
23 weight of total overall sales of CEDs in this Commonwealth
24 during the previous calendar year.
25 (2) By March 1 of each year, provide each registrant
26 with its responsibility for fees from sales or for
27 collection, recycling and transportation in pounds for that
28 year.
29 (3) Receive fees as described in section 304 from
30 manufacturers for the sale of covered electronic devices.
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1 (4) Organize, administer and ensure that at least one
2 electronics collection opportunity is available at least five
3 days a week in each county and in such a manner as to be
4 convenient, to the maximum extent feasible, to all consumers
5 in the county.
6 (5) Ensure that collection sites do not place limits on
7 the number of covered electronic devices permitted for drop-
8 off by consumers.
9 (6) Encourage the use of existing collection and
10 consolidation infrastructures for handling CEDs to the extent
11 that this infrastructure is accessible on a regular and
12 ongoing basis to at least 85% of the population of this
13 Commonwealth, is cost effective and meets the environmentally
14 sound management requirements of section 504.
15 (7) Maintain a list of registrants and post the list on
16 an Internet website that is updated at least once a month.
17 (8) Organize and coordinate public education and
18 outreach.
19 (9) Use the revenues received from registrants for the
20 sole purpose of fulfilling its responsibilities under this
21 act. In the event that expenses from administration,
22 education, collection, transportation and recycling
23 activities exceed receipts, the department may borrow up to
24 10% of the projected annual State revenues from fees
25 submitted under this act from outside sources. Borrowed funds
26 must be repaid within two years.
27 (10) Prepare a plan every three years that:
28 (i) Establishes per capita collection and recycling
29 goals.
30 (ii) Identifies any necessary actions by the
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1 Commonwealth to expand collection opportunities to
2 achieve the per capita collection and recycling goals.
3 The plan shall be posted on the department's Internet
4 website and sent to the General Assembly.
5 (11) Report annually:
6 (i) A list of all parties that the department has
7 designated as approved to receive payments for
8 collection, transportation or recycling, the amount of
9 payments it has made to those parties and the purpose of
10 those payments.
11 (ii) The total weight of CEDs collected in this
12 Commonwealth the previous calendar year.
13 (iii) The total weight of CEDs sold in this
14 Commonwealth the previous calendar year.
15 (iv) Progress toward achieving the overall annual
16 total recovery and recycling goals described in the plan
17 identified in paragraph (10).
18 (v) A complete listing of all collection sites
19 operating in this Commonwealth in the prior calendar
20 year, the parties that operated them and the amount of
21 material by weight collected at each site.
22 (vi) An evaluation of the effectiveness of the
23 education and outreach program.
24 (vii) An evaluation of the existing collection and
25 processing infrastructure.
26 (12) Post the report on its Internet website.
27 (13) Conduct a full audit by an independent, certified
28 public accountant at the end of each calendar year of the
29 program implemented to effect the provisions of this act. The
30 audit report shall be submitted to the General Assembly.
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1 (14) Maintain an Internet website and toll-free
2 telephone number complete with up-to-date listings of where
3 consumers can bring covered electronic products for recycling
4 under this act.
5 (15) Not be held financially liable or responsible for
6 any violation of Federal, State or local law by any entity to
7 whom the department makes payment pursuant to section 502.
8 (16) No more frequently than annually and no less
9 frequently than biennially, review, at a public hearing the
10 amount of the CED recycling and registration fee. Recommended
11 changes to the covered electronic device recycling rate and
12 registration fees shall be included in the annual report.
13 Section 502. Fees for collection or recycling of covered
14 electronic products.
15 No manufacturer or retailer may charge a fee or cost to a
16 consumer for the collection, transportation or recycling of a
17 covered electronic product.
18 Section 503. Reimbursement for collection, transportation and
19 recycling.
20 (a) General rule.--The department shall:
21 (1) Engage in competitive bidding for the collection,
22 transportation and recycling of covered electronic devices.
23 (2) Make covered electronic device payments for the
24 collection, transportation and recycling of covered
25 electronic devices to an authorized or approved entity upon
26 receipt of a claim including a completed and verified invoice
27 submitted to the department in the form and manner determined
28 by the department.
29 (b) Proof of claim.--In order to receive payment, proof must
30 be submitted that:
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1 (1) The covered electronic device was collected from a
2 consumer who is a resident of this Commonwealth or is
3 otherwise located in this Commonwealth or who provides
4 evidence that the device was purchased in this Commonwealth
5 after the effective date of this section.
6 (2) Collection, transportation and recycling of the CED
7 was conducted in accordance with all Federal, State and local
8 laws, including the requirements created by this act and any
9 regulations.
10 (3) Certification that no fees or costs were charged to
11 the consumer.
12 Section 504. Environmentally sound management requirements.
13 (a) General rule.--Covered electronic devices collected
14 through any program in this Commonwealth, whether by a
15 manufacturer, retailer, for-profit or not-for-profit corporation
16 or unit of government, shall be recycled in a manner that is in
17 compliance with all applicable Federal, State and local laws,
18 regulations and ordinances and shall not be exported for
19 disposal in a manner that poses a significant risk to the public
20 health or the environment.
21 (b) Performance requirements.--The department shall
22 establish performance requirements in order for collectors,
23 transporters and recyclers to be eligible to receive funds from
24 the department. All entities shall, at a minimum, demonstrate
25 compliance with the Environmental Protection Agency's Guidance
26 on Environmentally Sound Management of Electronic Devices as
27 issued and available on the Internet website in addition to any
28 other requirements mandated by Federal or State law.
29 (c) Department to maintain Internet website.--The department
30 shall maintain an Internet website that includes a list of
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1 entities and organizations that it has determined have met these
2 performance standards.
3 Section 505. Disposal ban.
4 Two years after the effective date of this section, no person
5 may place in municipal solid waste a covered electronic device
6 or any of the components or subassemblies thereof in any solid
7 waste disposal facility.
8 Section 506. Enforcement.
9 (a) General rule.--The Commonwealth, through the Attorney
10 General and department, shall be authorized to initiate
11 independent action to enforce any provision of this act,
12 including failure by the manufacturer to remit the fee to the
13 department. Any funds awarded by the court shall be used first
14 to offset enforcement expenses. Money in excess of the
15 enforcement expenses shall be deposited with the department.
16 (b) Offenses.--It shall be a violation of this act for any
17 person to:
18 (1) Sell a new CED that is not in full compliance with
19 the provisions of this act.
20 (2) Apply for compensation for the collection,
21 transportation and recycling of covered electronic products
22 not collected within this Commonwealth as provided in section
23 508.
24 (3) Use a qualified collection program to recycle
25 covered electronic products not discarded within this
26 Commonwealth as provided in section 508.
27 (4) Knowingly fail to report or accurately report any
28 data required to be reported to the department under this
29 act.
30 (5) Fail to pay fees required to be paid under this act.
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1 Section 507. Regulations.
2 The department may adopt rules and regulations as shall be
3 necessary for the purpose of administering this act.
4 Section 508. Multistate implementation.
5 The department may participate in the establishment and
6 implementation of a regional, multistate organization or compact
7 to assist in carrying out the requirements of this act.
8 CHAPTER 7
9 MISCELLANEOUS PROVISIONS
10 Section 701. Relation to Federal law.
11 This act is intended to govern all aspects of the collection
12 and recycling of covered electronic devices. Upon the
13 implementation of an acceptable national program to collect or
14 recycle covered electronic devices, the provisions of this act
15 shall expire within the time frame determined by Federal law.
16 The department shall publish such expiration as a notice in the
17 Pennsylvania Bulletin.
18 Section 702. Effective date.
19 This act shall take effect January 1, 2007.
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