PRINTER'S NO. 819

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

734

Session of

2023

INTRODUCED BY PENNYCUICK, CAPPELLETTI, DILLON, BREWSTER,

KEARNEY, ARGALL, SANTARSIERO, COSTA, LAUGHLIN, SCHWANK, KANE,

COLLETT AND CULVER, JUNE 2, 2023

Waste Recycling; and imposing penalties.

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

Waste Recycling Modernization Act.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 27 of the Pennsylvania Consolidated

Statutes is amended by adding a chapter to read:

Sec.

6707. Establishment of eco-fee.

6708. CED manufacturer requirements.

6709. Group plan requirements.

6710. Convenience standards for program collection sites.

6711. CED manufacturer recycling share responsibility.

6712. Individual manufacturer and group plans.

6713. Review of stewardship plan.

6714. Fees for collection or recycling of eligible devices.

6715. Recycler responsibilities.

6716. Collector responsibilities.

6723. Antitrust.

6724. Other CED collection activities.

§ 6701. Scope of chapter.

This chapter relates to electronic waste recycling.

§ 6702. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Advisory committee." The Advisory Committee on Electronic

Waste Recycling established under section 6718 (relating to

assessment period.

(2) The first assessment period shall start on the first

day of the first program year.

"Best management practices." As follows:

(1) Collecting and preparing items for shipment and

recycling.

(2) The term may include standards for packaging for

transport, load size, acceptable load contamination levels,

non-CED items included in a load and other standards.

"CED manufacturer." As follows:

manufacturer.

(3) For a television or computer monitor sold at retail

under the brand or label of both the retail seller and the

person that produced the television or computer monitor, the

person that produced the television or computer monitor or

the person's successor in interest shall be the CED

manufacturer.

"Clearinghouse." The independent organization authorized by

section 6704 (relating to clearinghouse).

"Collection convenience standard." The minimum number of

the clearinghouse assigns to a CED manufacturer for a given

program year under section 6706 (relating to collection

convenience standard compliance).

"Collector." A person who collects residential CEDs at any

program collection site or one-day collection event and prepares

them for transport.

"Computer." As follows:

(1) A desktop, all-in-one computer, laptop, notebook, e-

reader or tablet computer marketed to and intended for use by

residential purchasers and used only in a residence.

has a cathode-ray tube or other panel display primarily

intended to display information from a computer or other

commonly used electronic device and marketed to and intended

for use by residential purchasers.

(2) The term does not include an all-in-one computer,

laptop, notebook or tablet.

"Computer peripheral." A keyboard, mouse, cable or other

device marketed to and intended for use by residential

purchasers for external use with a computer.

"Covered electronic device" or "CED." As follows:

(2) The term does not include any of the following:

(i) An electronic 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.

(ii) An electronic device that is functionally or

physically part of a larger piece of equipment or that is

taken out of service from an industrial, commercial,

commercial retail, library checkout, traffic control,

oven or range, dishwasher, room air conditioner,

dehumidifier, water pump, sump pump or air purifier. To

the extent allowed under Federal and State laws and

regulations, a CED that is being collected, recycled or

processed for reuse shall not be considered to be

hazardous waste, household waste, solid waste or special

waste.

"Covered electronic device category" or "CED category." Each

of the following categories of residential CEDs:

(1) Computers.

players and digital video disc players.

(6) CED peripheral.

"Department." The Department of Environmental Protection of

the Commonwealth.

"Downstream processor." As follows:

(1) An entity that is engaged in the repair,

refurbishment or further processing of used components,

parts, materials or residuals that result from disassembly of

CEDs.

(2) The term includes an entity engaged in a repair,

manufacturers or stewardship organizations under an approved

stewardship plan, and the costs borne by the department to

fulfill its responsibilities to implement the program.

"Eco-fee sharing methodology." The methodology proposed to

be implemented by the clearinghouse as part of the approved

stewardship plan to disburse eco-fees to manufacturers, local

governments and group plans.

"Environmental sound management." The practice of ensuring

that all practicable steps are utilized in the management of

hazardous and other wastes to protect human health and the

"Manufacturer e-waste program." A program established,

financed and operated by a manufacturer, either individually or

collectively as part of a group plan, to transport and

subsequently recycle, in accordance with the requirements of

this chapter, residential CEDs collected at program collection

sites and one-day collection events.

"Market share." The percentage per CED manufactured as

determined under section 6711 (relating to CED manufacturer

recycling share responsibility) for the purposes of

administering the requirements of the approved stewardship plans

"Printer." As follows:

(1) A desktop printer, multifunction printer, copier,

scanner, facsimile machine and printer and fax combination

taken out of service from a residence that is designed to

reside on a work surface that includes various print

technologies, including, without limitation, laser and LED,

ink jet, dot matrix, thermal and digital sublimation and

multifunction or all-in-one devices that perform different

tasks, including, without limitation, copying, scanning,

faxing and printing.

alone printer that is embedded into a product that is not a

CED.

"Program collection site." A physical location that is

included in a stewardship plan and at which residential CEDs are

collected and prepared for transport by a collector during a

program year in accordance with the requirements of this

chapter.

"Program period." As follows:

(1) Five calendar years.

(2) The first program period shall start on March 31,

"Purchaser." As defined in section 201(h) of the Tax Reform

Code of 1971.

"Recycling." The process of preparing recyclable materials

and reusing the materials in their original form or using them

in manufacturing processes that do not cause the destruction of

recyclable materials in a manner that precludes further use.

"Registered collector." As follows:

(1) A unit of local government, manufacturer, retailer,

charity or nongovernmental organization that collects CEDs in

this Commonwealth as approved by a stewardship plan.

or otherwise; or

(2) for the personal use, consumption or enjoyment of a

purchaser in or around a permanent or temporary household or

residence, in recreation or otherwise.

"Retailer." A person or business that offers for sale, other

than for resale by the purchaser, new CEDs in this Commonwealth

by any means, including through sales outlets, catalogs and an

Internet website.

"Return share." The percentage, by weight, of each CED

category that is returned to program collection sites and one-

category that is estimated by the manufacturer program plan to

be returned to those sites and events during the applicable

program year, as reported to the department.

"Reuse." The use of electronic waste that is tested and

certified to be in good working order and which was removed from

the waste stream for use for the same purpose for which it was

manufactured, including the continued use of whole systems or

components.

"Sale." As follows:

(1) A "sale at retail" as defined in section 201(k) of

manufacturer requirements) as part of the stewardship plan of

the clearinghouse.

(2) The clearinghouse shall be responsible for:

(i) Collecting, in a timely manner, all eco-fees due

from a retailer.

(ii) Ensuring that all eco-fees collected from the

sales of CEDs to consumers in this Commonwealth are used

solely for the clearinghouse responsibilities under this

section.

(iii) Reviewing and compiling information from

approved programs for the collection and recycling of

CEDs.

(v) Oversight and enforcement recommendations under

this chapter.

(vi) Disbursing eco-fees remitted to the

clearinghouse only to the entities and for the purposes

allowed by subsection (e).

(vii) Providing dispute resolution for local

government and other collection sites to resolve service

issues with the assigned recycler under a group plan.

(e) Allowed expenditures.--As approved by the department as

part of the clearinghouse's stewardship plan, eco-fees collected

by the clearinghouse may be used as follows:

(1) The clearinghouse shall disburse at least a majority

of the total eco-fees collected each program year to

collectors who have been approved by the clearinghouse to

receive collector incentive payments to subsidize collection

site costs under the stewardship plan approved by the

department and are in compliance with section 6716 (relating

to collector responsibilities).

paragraph (2) to reimburse a CED manufacturer or group plan

of the clearinghouse's choosing to provide collection-related

services to resolve the collection obligation deficiencies

for which the funds were withheld.

(4) Any funds expended under paragraph (3) shall be

deducted from any eco-fees owed to the CED manufacturer or

stewardship organization from whom the funds were withheld.

(5) The clearinghouse may expend eco-fee funds on public

education programs intended to encourage the collection and

recycling of CEDs.

not comply with the requirements under section 6716.

(f) Reserve and reimbursement.--

(1) The clearinghouse shall maintain a prudent reserve

of funds not to exceed 25% of the forthcoming program year's

estimated annual gross eco-fee collection.

(2) The clearinghouse may recover its annual operating

expenses of administering the eco-fee and performing its

mandatory duties under this chapter.

(3) The clearinghouse shall submit all expenses to the

department as part of the annual stewardship plan and shall

administrative fee as described in section 6719 (relating to

administrative reimbursement).

§ 6705. Stewardship plan.

The clearinghouse shall:

(1) Consolidate plans from all registered individual

manufacturers and group plans for submission to the advisory

committee and department annually as part of the stewardship

plan.

(2) Review information from manufacturers and group

plans submitted under paragraph (1) to confirm the collection

(i) If a gap in collection site or event coverage is

identified, the clearinghouse shall notify all

manufacturers and group plans of the gap and provide

manufacturers and group plans 30 days to remedy the

identified gap in coverage. Notice under this paragraph

shall include the specific areas for which the department

believes additional collection sites or events are

needed.

(ii) If a manufacturer or group plan is not able to

remedy a gap in coverage under this paragraph, the

plan must, at a minimum, include the following information:

(i) Copies of all individual manufacturer and group

plans submitted to the clearinghouse by manufacturers.

(ii) An estimate of the total program year costs for

upcoming program years, including the cost of the

services of the clearinghouse.

(iii) A schedule of the specific eco-fee amounts,

not to exceed $10 for each category of CED sold in this

Commonwealth, and a description of tiered fees for

different items.

and group plans if deemed necessary by the clearinghouse

and the advisory committee.

(v) A description of the promotion and outreach

activities that will be used to encourage participation

in the collection and recycling programs and how the

activities' effectiveness will be evaluated.

(vi) A description of the materials regarding the

eco-fee that will be provided to retailers to inform

purchasers of the eco-fee and the overall program.

(vii) A description of the methods by which CEDs

one or more materials that result from the dismantling

and recycling of CEDs and what, if any, additional end

markets are needed to improve the functioning of the

program.

§ 6706. Collection convenience standard compliance.

(a) Collection allocation.--The clearinghouse shall allocate

the CED manufacturers' collection obligation to arrange for

pickup, transportation and recycling of CEDs from program

collection sites to each registered CED manufacturer or the CED

manufacturer's group plan. When allocating collection

market.

(2) Allocate current CED manufacturers recycling

obligation per CED category and require the CED manufacturer

or group plan to pick up each CED category type that the

manufacturer currently markets.

(3) Take into account, to the best ability of the

clearinghouse, those collection site relationships already in

existence between a collector and a CED manufacturer or group

plan.

(4) Balance the allocation of collection sites to CED

responsibility).

(b) Budget.--The clearinghouse shall prepare and submit a

budget to the department for each program year as part of the

stewardship plan. The budget shall contain:

(1) An estimate of the total number of CEDs to be

collected in the upcoming program year.

(2) The estimated total program year costs and the eco-

fees expected to be remitted.

(c) Registry.--

(1) No later than six months after the effective date of

manufacturer has registered.

(2) The registry shall be available on the publicly

accessible Internet website of the clearinghouse.

(d) Eco-fee-sharing arrangement.--Within 90 days of the

department's designation of a clearinghouse or within 90 days of

approval of a stewardship plan, whichever occurs later:

(1) All manufacturers, group plans and other designated

recipients of eco-fee money, which are listed in the

stewardship plan, shall enter into an eco-fee-sharing

arrangement with the clearinghouse. The clearinghouse shall

sharing structure to the advisory committee and department

for approval. Upon approval, the approved eco-fee-sharing

structure shall be binding upon the clearinghouse and the

relevant manufacturer or group plan for the entirety of the

relevant program year.

(e) Clearinghouse powers.--The clearinghouse:

(1) May enter into a joint venture, agreement or

contract with a third party, including a corporation,

partnership, nonprofit entity or governmental agency, to

undertake an activity on the clearinghouse's behalf that is

downstream processors, recyclers, CED manufacturers and group

plans.

(f) Memorandum of understanding.--

(1) The department and the clearinghouse shall enter

into a memorandum of understanding, the terms of which shall

specify the performance of the duties and powers of the

clearinghouse under this chapter.

(2) The clearinghouse shall be paid for its services

solely out of eco-fees collected and remitted to the

clearinghouse under this chapter.

delivered to the department, along with the annual report

required under section 6708 (relating to CED manufacturer

requirements).

(3) The department shall review the audit for compliance

with this chapter and shall notify the clearinghouse of any

compliance issues or inconsistencies.

(4) The department may not disclose any proprietary

information in the audit.

§ 6707. Establishment of eco-fee.

(a) Establishment.--At least 180 days prior to the beginning

(b) Submission of market share information to

clearinghouse.--By December of each year prior to the beginning

of a program year, the department shall estimate each CED

manufacturer's market share, using the methodology required by

section 6711 (relating to CED manufacturer recycling share

responsibility), based on either national sales data for the

previous calendar year that is provided by registered

manufacturers upon request of the department or on reliable,

commercially available national sales data from the previous

calendar year. The following apply:

estimated market share to registered CED manufacturers and

the clearinghouse.

(3) National sales data submitted by a registered CED

manufacturer to the department or procured independently by

the department under this section shall not be subject to

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

known as the Right-to-Know Law, and may not be disclosed by

the department or the clearinghouse unless otherwise required

by law or court order.

(c) Eco-fee.--The eco-fees shall be approved by the advisory

for each type of CED and consistent with the eco-fee amount

that is being assessed in other jurisdictions participating

in the clearinghouse incorporated in this Commonwealth.

(2) The eco-fees shall be sufficient to cover program

year costs for the collection, preparation, transportation

and recycling of CEDs for all CED manufacturers, group plans

and local governments with an approved plan for the

collection of CEDs and all other expenditures authorized

under this chapter and approved as part of the stewardship

plan.

department a recommendation regarding eco-fees to be

collected by a retailer under section 6703 (relating to eco-

fees and responsibilities), which meets the requirements of

subsection (c).

(2) Any adjustment to the eco-fee must take into

consideration the following factors:

(i) Current and projected sale of CEDs in this

Commonwealth.

(ii) Current and projected collection rate for

discarded CEDs.

required to be recycled.

(b) Requirement.--A CED manufacturer shall accept and

recycle any CED that it has produced and is or was sold in this

Commonwealth and that is brought to the collection site.

§ 6712. Individual manufacturer and group plans.

(a) Plan submission.--Each CED manufacturer that

participates in the clearinghouse either individually or through

a group plan shall, each program year, submit to the

clearinghouse a plan on the form provided by the clearinghouse

that demonstrates how the CED manufacturer meets the

stewardship plan) to the department for review and approval

at least 60 days prior to the beginning of the program year

as part of the stewardship plan.

(b) Plan requirements.--The plan submitted by each CED

manufacturer to the clearinghouse must contain the following

information:

(1) Contact information for the individual and the

entity submitting the program plan, a list of all CED

manufacturers or brand owners participating in the program

and the brands covered by the program plan.

(i) If a CED manufacturer does not manufacture CEDs

sold in this Commonwealth, but intends to voluntarily

collect and recycle CEDs, the CED manufacturer shall

identify the types of CEDs that the CED manufacturer

intends to voluntarily collect and recycle.

(ii) If the CED manufacturer has identified any

types of CEDs under this paragraph, a separate

description of the methods by which the identified types

of CEDs will be collected in all areas in this

Commonwealth, according to the collection convenience

of program collection sites and recyclers that will manage

the collected material.

(4) A description of how components will be safely and

securely transported, tracked and handled from collection

through final recycling and processing.

(5) A description of the methods that will be used to

recycle CEDs.

(6) Evidence of adequate insurance and financial

assurance that may be required for collection, handling and

disposal operations.

to any recycling and disposal activities.

(9) Agreements with local governments containing

commitments to pay for the costs of collecting and preparing

the CEDs.

(c) New program plan.--A CED manufacturer or group plan may

submit a new program plan to the clearinghouse prior to the

completion of the current program year with the consent of the

department.

§ 6713. Review of stewardship plan.

(a) Department review.--The advisory committee and

department shall approve the plan.

(b) Notification.--

(1) If the advisory committee and department approve the

plan under subsection (a), the department shall notify the

clearinghouse and the registered CED manufacturers.

(2) If the department rejects the plan, in whole or in

part, the department shall notify the clearinghouse 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 under subsection (a).

stewardship plan to the advisory committee and department.

(d) Requirements under stewardship plan.--Individual

manufacturers and group plans operating under an approved

stewardship plan shall:

(1) Ensure availability of collection and recycling

infrastructure.

(2) Track and measure collection and recycling.

(3) Develop and provide guidance to all participants in

the program.

(4) Develop best management practices for program

collected residential CEDs in compliance with section 6716(e)

(relating to collector responsibilities), as well as

financial responsibility for bulk transportation and

recycling of collected residential CEDs.

(e) Changes to individual manufacturer and group plans.--A

CED manufacturer or group plan participating under the approved

stewardship plan may submit changes to the clearinghouse. With

consent of the department, the clearinghouse shall revise and

submit the stewardship plan to the department for review and

approval prior to the completion of the current program period.

incentive of equal or greater value is provided to the

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

coupon or rebate.

§ 6715. Recycler responsibilities.

(a) Recycler registration.--By January 1 of each program

year, a person acting as a recycler under a clearinghouse

stewardship plan shall register with the department by

completing and submitting to the department the registration

form prescribed by the department. The registration form

prescribed by the department must include, without limitation,

regulations, standards or ordinances related to the

collection, recycling or other management of CEDs;

(2) conviction in this Commonwealth or another state of

a crime that is a felony under the laws of this Commonwealth;

(3) conviction of a felony in a Federal court or

conviction in this Commonwealth or another Federal or state

court of forgery, official misconduct, bribery, perjury or

knowingly submitting false information under any

environmental law, regulation or permit term or condition; or

(4) gross carelessness or incompetence in handling,

Internet website a list of all registered recyclers that are

participating in the program.

(2) Beginning in program year one, no person may act as

a recycler of residential CEDs for an individual manufacturer

or group plan unless the recycler is registered with the

department and meets all requirements related to recycling

under this section.

§ 6716. Collector responsibilities.

(a) Collector registration.--By January 1 of each program

year, a person acting as a collector under a stewardship plan

collector's registration under this section unless the

collector, or any employee or officer of the collector, has a

history of:

(1) repeated violations of Federal, State or local laws,

regulations, standards or ordinances related to the

collection, recycling or other management of CEDs;

(2) conviction in this Commonwealth or another state of

a crime that is a felony under the laws of this Commonwealth;

(3) conviction of a felony in a Federal court or

conviction in this Commonwealth or another Federal or state

storing, processing, transporting, disposing or otherwise

managing CEDs.

(c) Registered collector notice.--The department shall post

on its publicly accessible Internet website a list of all

registered collectors. Manufacturers and recyclers acting as

collectors shall so indicate on their registration with the

department.

(d) Report of weight.--By March 1 of each program year, each

collector that operates a program collection site or one-day

collection event shall report, to the department and to the

that address packaging, containers, average shipment weights and

other items that pertain to the collection of CEDs.

(f) Acceptance of CEDs.--All categories of residential CEDs

must be accepted at the program collection site or one-day

collection event unless otherwise provided in this chapter. The

following apply:

(1) Residential CEDs shall be kept separate from other

material and shall be:

(i) Packaged in a manner to prevent breakage.

(ii) Loaded onto pallets and secured with plastic

a reduction in the collection incentive payment for those

pounds.

(2) Half box semi-trailer loads shall be permitted from

program collection sites that cannot accommodate larger

trailers.

(3) CEDs shall be sorted into the following categories:

(i) Computers.

(ii) Computer monitors.

(iii) Televisions.

(iv) Printers.

for which a financial arrangement has been made to cover

the recycling costs outside of the manufacturer program.

(4) Containers holding the CEDs must be structurally

sound for transportation and meet applicable requirements of

the United States Department of Transportation and the

Department of Transportation of the Commonwealth.

(5) Each shipment of residential CEDs from a program

collection site or one-day collection event shall include a

collector-prepared bill of lading or similar manifest, which

describes the origin of the shipment and the number of

collector that operates a program collection site or one-day

collection event during a program year shall accept all

residential CEDs that are delivered to the program collection

site or one-day collection event during the program year.

(2) Notwithstanding the provisions of this subsection,

no collector that operates a program collection site or one-

day collection event shall:

(i) Be required to accept, at the program collection

site or one-day collection event, more than seven CEDs

from a person at any one time.

collection event.

(iv) Deliver to a person other than the CED

manufacturer or group plan a residential CED collected at

a program collection site or one-day collection event.

(h) Limitation.--Nothing in this chapter shall prevent a

person from acting as a collector independently of a

manufacturer or group plan, but all collectors must register

with the department in order to accept CEDs.

§ 6717. Annual reports.

(a) Group plan or individual manufacturer annual report.--

includes:

(1) The total weight of CEDs collected as a result of

the individual manufacturer's or group plan's

responsibilities under the stewardship plan.

(2) A complete listing of the amount of CEDs, by weight

for each type, collected at each site serviced.

(3) Recommendations, if any, for changes to the list of

CEDs.

(b) Clearinghouse report.--

(1) By June 1, 2026, and each June 1 thereafter, the

manufacturers or group plans during the prior program

year, including any unpaid or uncollected eco-fees.

(iii) The total sum of eco-fees disbursed to

registered collectors.

(iv) The total weight of CEDs collected under the

stewardship plan.

(v) A complete listing of the amount of CEDs, by

weight for each type, collected at each site serviced.

(vi) Recommendations, if any, for changes to the

list of CEDs.

registered person who prevails in an action brought under

this section reasonable attorney fees and court costs,

including expert witness fees.

(4) A class action may not be brought against a retailer

on behalf of purchasers arising from or in any way related to

an overpayment of an eco-fee.

§ 6723. Antitrust.

(a) Authorization.--A CED manufacturer or stewardship

organization acting in accordance with the provisions of this

chapter may negotiate with, enter into contracts with or conduct

operating, participating in or performing any other activities

related to a stewardship plan approved under this chapter shall

not be subject to damages, liability or scrutiny under Federal

antitrust law or the act of December 17, 1968 (P.L.1224,

No.387), known as the Unfair Trade Practices and Consumer

Protection Law, regardless of the effects on competition.

(c) Effect.--The supervisory activities described in this

chapter are sufficient to confirm that activities of the

manufacturers, stewardship organization and any entity

developing, implementing, operating, participating in or

(a) Waste hauler.--Nothing in this chapter shall prohibit a

waste hauler from entering into a contractual agreement with a

unit of local government to establish a collection program for

the recycling or reuse of CEDs, including services such as

curbside collection, home pick-up, drop-off locations or similar

methods of collection.

(b) E-waste program.--No person may be prohibited from

establishing an e-waste program independently of a manufacturer

e-waste program under this chapter.