PRINTER'S NO. 1872

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1310

Session of

2022

INTRODUCED BY CAPPELLETTI, COLLETT, KANE, KEARNEY, FONTANA,

COSTA, SCHWANK AND DILLON, AUGUST 10, 2022

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, AUGUST 10, 2022

Section 1. Title 27 of the Pennsylvania Consolidated

Statutes is amended by adding a chapter to read:

Sec.

6701. Scope of chapter.

6702. Definitions.

6703. Eco-fees and responsibilities.

6704. Clearinghouse.

6705. Stewardship plan.

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.

6717. Annual reports.

6718. Pennsylvania E-Waste Steering Committee.

6719. Administrative reimbursement.

6720. Environmental sound management requirements.

6721. Disposal ban.

6722. Enforcement.

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

context clearly indicates otherwise:

"Assessment period." A period of three calendar months

starting on the day immediately following the last day of the

prior assessment period. The first assessment period shall start

on the first day of the first program year.

"Best management practices." Collecting and preparing items

for shipment and recycling. The term may include standards for

packaging for transport, load size, acceptable load

contamination levels, non-CED items included in a load and other

any CED sold at retail under a brand or label that is licensed

from a person who is a brand owner and who does not sell or

produce a CED, the person who produced the CED or the person's

successor in interest, shall be the CED manufacturer. For any

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).

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.

"Committee." The Pennsylvania E-Waste Steering Committee

established under section 6718 (relating to Pennsylvania E-Waste

Steering Committee).

"Computer." A desktop, all-in-one computer, laptop,

notebook, e-reader or tablet computer marketed to and intended

portable digital assistant, MP3 player or other similar device

or computer peripheral.

"Computer monitor." An electronic device only used in a

residence that 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. The term shall 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.

(1) 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;

(2) 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, kiosk,

security, other than household security, governmental,

agricultural or medical setting, including, but not limited

freezer, microwave oven, conventional 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.

(2) Computer monitors.

the Commonwealth.

"Downstream processor." 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. The term includes those entities engaged in repair,

refurbishing, disassembly, processing, recycling, energy

recovery and disposal facilities.

"Eco-fee." The amount added to the purchase price of new

EFDs sold in this Commonwealth that is necessary to cover the

cost of collecting, transporting and processing postpurchaser

implement the program.

"Eco-fee device" or "EFD." A monitor or television with a

screen size of seven inches or greater when measured diagonally

for which an eco-fee is charged.

"Eco-fee sharing methodology." The methodology implemented

by the clearinghouse as part of the approved stewardship plan to

disburse eco-fees to manufacturers and group plans.

"EFD manufacturer." A person, or a successor in interest of

the person, under whose brand or label an EFD is sold at retail.

For any EFD sold at retail under a brand or label that is

licensed from a person who is a brand owner and who does not

"Environmental sound management." The practice of ensuring

all practicable steps are utilized in the management of

hazardous and other wastes to protect human health and the

environment against any adverse effect.

"Group plan." Two or more CED manufacturers that are working

jointly through a third-party entity to meet the requirements of

this chapter.

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

financed and operated by a manufacturer, either individually or

collectively as part of a group plan, to transport and

"Market share." The percentage per CED manufactured as

determined under section 6711 (relating to CED manufacturer

recycling share responsibility) for purposes of administering

the requirements of the approved stewardship plans among the

participating registered CED manufacturers.

"Marketplace facilitator." As defined under section 201 of

the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform

Code of 1971.

"Marketplace seller." As defined under section 201 of the

Tax Reform Code of 1971.

"Printer." A desktop printer, multifunction printer, copier,

without limitation, copying, scanning, faxing and printing. The

term shall not include a floor-standing printer, a printer with

optional floor stand, a point of sale (POS) receipt printer, a

household printer such as a calculator with printing

capabilities, a label maker or a non-stand-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

"Program year." A year falling within a program period

starting March 31, 2023. The first program year shall start on

the first day of the first program period.

"Purchaser." As defined under section 201 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 collectors." A unit of local government,

manufacturer, a retailer, charity, nongovernmental organization

(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 who, in the usual course of business,

purchases or receives a CED for the purpose of sale to the

ultimate consumer for residential use.

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

category that is returned to the program collection sites and

one-day collection events operated by or on behalf of either a

manufacturer or group plan or one or more of its participating

two, the term shall mean the percentage, by weight, of each CED

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." A sale at retail as defined under section 201 of the

Tax Reform Code of 1971. The term shall not include:

wholesaler.

"Secretary." The Secretary of Environmental Protection of

the Commonwealth.

"Stewardship plan." An annual plan prepared by an individual

manufacturer or the plan prepared by the clearinghouse that

aggregates the plans prepared by an individual manufacturer and

the group plans.

"Television." An electronic device only used in a residence

that contains a cathode-ray tube or other display screen type

and is intended to receive video programming via broadcast,

by the clearinghouse may be used only for the following

purposes:

(1) The clearinghouse shall disburse at least a majority

of the total eco-fees collected each program year to CED

manufacturers and group plans as stated in an approved

stewardship plan.

(2) Unless otherwise directed by the department, the

clearinghouse shall not be required to disburse any eco-fees

to any CED manufacturer or group plan that has failed to meet

its collection obligations under the terms of an approved

stewardship plan.

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 EFDs or CEDs.

(6) The clearinghouse shall disburse collection

incentive payments to local governments and other registered

collectors for collecting and preparing CEDs.

(f) Reserve and reimbursement.--The clearinghouse shall

maintain a prudent reserve of funds not to exceed 25% of the

mandatory duties under this chapter. The clearinghouse shall

submit all expenses to the department as part of the annual

stewardship plan and shall include expenses in the overall cost

calculation for the eco-fee. The approved operating expenses of

the clearinghouse shall be paid prior to the expenditure of any

eco-fee under subsection (e) for each assessment period. The

clearinghouse shall pay the department an administrative fee as

described in section 6719 (relating to administrative

reimbursement).

§ 6705. Stewardship plan.

The clearinghouse shall:

by all registered manufacturers in the aggregate and that all

registered manufacturers or group plans will meet collection

obligations. The following shall apply:

(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

clearinghouse may assign the areas to a manufacturer or

group plan at the discretion of the clearinghouse.

(3) Submit to the department a stewardship plan that

contains the individual manufacturer and group plans for all

registered manufacturers that have submitted information to

the clearinghouse. The stewardship 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

cover the costs of pickup, transportation and recycling

EFDs as described in the approved stewardship plan, as

well as the reimbursement rate and method of payment to

registered collectors.

(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 that describes

the eco-fee that will be provided to retailers to inform

according to the collection convenience standard,

including an explanation of how the collection system

will be convenient and adequate to residents in both

urban and rural areas on an ongoing basis.

(viii) A discussion of the status of end markets for

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

(1) Allocation must be made by a type of equipment to

ensure that CED manufacturers are only responsible for

recovering similar types of CEDs that manufacturers place on

the market.

(2) Allocate current EFD manufacturers recycling

obligation per EFD category and require the EFD manufacturer

or the manufacturer's group plan to pick up each EFD category

type that the manufacturer currently markets.

(3) Allocate current CED manufacturers recycling

obligation per CED category, excluding EFDs, and require the

clearinghouse, those collection site relationships already in

existence between a collector and a CED manufacturer or group

plan.

(5) Balance the allocation of collection sites to CED

manufacturers in both urban and rural areas.

(6) To the extent practical, the clearinghouse shall

assign collection obligations that are reasonably anticipated

to enable the CED manufacturer to collect a volume of CEDs

equivalent to the manufacturer's recycling obligation market

share determined under section 6711 (relating to CED

manufacturer recycling share responsibility).

upcoming program year.

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

fees expected to be remitted.

(c) Registry.--No later than six months after the effective

date of this section, the clearinghouse shall maintain a list of

each registered CED manufacturer, the brands of all EFDs

reported in each manufacturer's registration and to the best of

their knowledge, the brands of EFDs for which no CED

manufacturer has registered. The registry shall be available on

the publicly accessible Internet website of the clearinghouse.

(1) All manufacturers and group plans which are listed

in the stewardship plan must enter into a fee-sharing

arrangement with the clearinghouse. The clearinghouse shall

notify the department of each fee-sharing agreement within 30

days of entering into the agreement.

(2) If a manufacturer and group plan cannot reach an

agreement on a fee-sharing arrangement with the clearinghouse

within 90 days, the clearinghouse shall submit a proposed

fee-sharing structure to the department for approval. Upon

approval, the approved fee-sharing structure shall be binding

upon the clearinghouse and the relevant manufacturer or group

this chapter. The clearinghouse shall keep minutes, books and

records that clearly reflect the activities and transactions of

the clearinghouse, and may conduct audits of retailers,

collection sites, downstream processors, recyclers, CED

manufacturers and group plans.

(f) Memorandum of understanding.--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. The

clearinghouse shall be paid for its services solely out of eco-

clearinghouse shall be audited at the clearinghouse's expense by

an independent certified public accountant retained by the

clearinghouse at least once each calendar year. The

clearinghouse shall arrange for the audit to be delivered to the

department and committee, along with the annual report required

under section 6708 (relating to CED and EFD manufacturer

requirements). The department shall review the audit for

compliance with this chapter and shall notify the clearinghouse

of any compliance issues or inconsistencies. The department may

not disclose any proprietary information in the audit.

§ 6707. Establishment of eco-fee.

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 shall apply:

(1) A CED manufacturer may dispute the manufacturer's

assigned market share to the CED manufacturer.

(2) The department shall submit each manufacturer's

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.

that is being assessed in other jurisdictions in the United

States for similar devices.

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

year costs for the collection, transportation and recycling

of EFDs for all CED manufacturers and group plans with an

approved plan for the collection of EFDs and all other

expenditures authorized under this chapter and approved as

part of the stewardship plan.

(d) Adjustment of eco-fee.--At least 120 days prior to the

beginning of a program year starting two years or more after the

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). Any adjustment to the eco-fee

must take into consideration the following factors:

(1) Current and projected sale of EFDs in this

Commonwealth.

(2) Current and projected collection rate for discarded

EFDs.

(3) The costs associated with the collection,

transportation and recycling of EFDs.

(4) Program administrative costs.

eco-fee meets the requirements of subsections (c) and (d).

§ 6708. CED and EFD manufacturer requirements.

(a) CED manufacturer requirements.--Each manufacturer of a

CED sold in this Commonwealth which is not also a manufacturer

of an EFD sold in this Commonwealth shall:

(1) implement a program approved by the department as

part of an approved individual stewardship plan to collect

and recycle CEDs in this Commonwealth that meets the

collection convenience in section 6710 (relating to

convenience standards for program collection sites);

requirements), participate in a group plan approved by the

department as part of the stewardship plan to collect and

recycle CEDs in this Commonwealth.

(b) No obligation.--A manufacturer of CEDs that does not

also manufacture EFDs sold in this Commonwealth shall have no

obligation to collect or recycle EFDs under the plan required by

subsection (a).

(c) Indication in plan.--A CED manufacturer that intends to

collect and recycle EFDs must so indicate in the stewardship

plan submitted under this section and shall be entitled to eco-

fee disbursements in the same manner as an EFD manufacturer.

CEDs and EFDs in this Commonwealth.

(e) Manufacturer registration.--On or before December 31,

2022, and each year thereafter, each CED manufacturer shall

register with the department and the clearinghouse for the

purposes of complying with this chapter, and provide the

following information:

(1) A list of the CED manufacturer's brands of CEDs and

EFDs offered for sale in this Commonwealth.

(2) The name, address and contact information of a

person responsible for ensuring compliance with this chapter.

(b) Discounting as incentive.--In calculating manufacturers'

recycling shares, the department shall adjust market shares by

discounting a manufacturer's total pounds marketed using the

following as an incentive to promote the use of postconsumer

recycled materials in the manufacturing of new CEDs:

(1) A manufacturer's recycling share may be reduced up

to a maximum of 50% if any of the manufacturer's CEDs

supplied and reported to the department in the prior program

year, in accordance with section 6709 (relating to group plan

requirements), has been determined to contain postconsumer

recycled content. The department may reduce the weight of the

verifies the manufacturer has achieved and maintained third-

party accredited certification from the list of organizations

with the experience and technical ability to validate

environmental claims as approved by the clearinghouse.

§ 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

individual manufacturer and group plans and submit as part of

the stewardship plan described in section 6705 (relating to

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

sold in this Commonwealth, but intends to voluntarily

collect and recycle EFDs, the CED manufacturer shall

identify the types of EFDs the CED manufacturer intends

to voluntarily collect and recycle.

(ii) If the manufacturer has identified any types of

EFDs under this paragraph, a separate description of the

methods by which the identified types of EFDs will be

collected in all areas in this Commonwealth, according to

the collection convenience standards under section 6710

(relating to convenience standards for program collection

(3) The names, locations and contact information 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.

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 department shall review the

stewardship plan submitted by the clearinghouse under section

6712 (relating to individual manufacturer and group plans) to

the department and, within 30 days of receipt of the plan,

determine whether the plan provides the information required. If

the plan contains the required information, the department shall

and the registered CED manufacturers. 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).

(c) Plan revisions.--Within 30 days after receipt of the

department's rejection under subsection (b), the CED

manufacturers or group plans may revise and resubmit the plan to

the clearinghouse. The clearinghouse shall submit the revised

stewardship plan to the department.

(d) Requirements under stewardship plan.--Individual

the program.

(4) Develop best practices for program collection sites.

(5) Assume financial responsibility for carrying out the

e-waste program plans of the individual manufacturers and

group plans under an approved stewardship plan, including,

but not limited to, financial responsibility for providing

the packaging materials necessary to prepare shipments of

collected residential CEDs in compliance with section 6716(e)

(relating to collector responsibilities), as well as

financial responsibility for bulk transportation and

(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.

§ 6714. Fees for collection or recycling of eligible devices.

No registered collector may charge any fee or cost to a

purchaser for the collection, transportation or recycling of a

CED unless a financial incentive of equal or greater value is

provided to the purchaser. The financial incentive may be in the

form prescribed by the department. The registration form

prescribed by the department must include, without limitation,

the address of each location at which the recycler processes

CEDs.

(b) Denial of registration.--The department may deny a

registration under this section if the recycler or any employee

or officer of the recycler 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;

(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,

storing, processing, transporting, disposing or otherwise

managing CEDs.

(c) Notice of recyclers available.--The department shall

post on its publicly accessible Internet website a list of all

registered recyclers who are participating in the program.

year, a person acting as a collector under a 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, the address of each location

at which the collector accepts CEDs.

(b) Registration permitted.--The department shall grant a

collector's registration under this section unless the

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

history of:

(2) conviction in this Commonwealth or another state of

any crime which 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,

storing, processing, transporting, disposing or otherwise

managing CEDs.

collector that operates a program collection site or one-day

collection event shall report, to the department and to the

individual manufacturer or group plan, the total weight, by CED

category, of residential CEDs transported from the program

collection site or one-day collection event during the previous

program year.

(e) Best practices.--The clearinghouse shall provide

registered collectors with best practices that address

packaging, containers, average shipment weights and other items

that pertain to the collection of CEDs.

following shall 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

wrap or in pallet-sized bulk containers prior to

shipping.

(iii) On average, per collection site, 18,000 pounds

per shipment, and if not, the recycler may be subject to

a reduction in the collection incentive payment for those

pounds.

(iii) televisions;

(iv) printers;

(v) videocassette recorders, portable digital music

players and digital video disc players;

(vi) CED peripheral; and

(vii) any electronic device that is not part of the

individual manufacturer or group plan that the collector

has arranged to have picked up with residential CEDs, and

for which a financial arrangement has been made to cover

the recycling costs outside of the manufacturer program.

Department of Transportation of this 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

pallets or bulk containers of residential CEDs in the

shipment.

(g) Acceptance.--Except as otherwise provided in this

chapter, each 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

person at any one time;

(2) scrap, salvage, dismantle or otherwise disassemble

any CED collected at a program collection site or one-day

collection event;

(3) deliver to a CED manufacturer or group plan, through

its recycler, any CED other than a residential CED collected

at a program collection site or one-day collection event;

(4) 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; or

person from acting as a collector independently of a

manufacturer or group plan.

§ 6717. Annual reports.

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

Each group plan or individual manufacturer operating under the

approved stewardship plan shall each prepare and submit by May

1, 2023, and annually thereafter to the clearinghouse and post

on its publicly accessible Internet website a report that

includes:

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

the individual manufacturer's or group plan's

and submit annually to the department by June 1, 2023, and each

year thereafter and post on its publicly accessible Internet

website a report that includes:

(1) The total sum of eco-fees which were required to be

collected from retailers during the program year, including

any amounts not remitted or in default.

(2) The total sum of eco-fees disbursed to CED

manufacturers or group plans during the prior program year,

including any unpaid or uncollected eco-fees.

(3) The total sum of eco-fees disbursed to registered

the claim and the basis for the calculation of that amount. The

potential plaintiff shall also deliver a copy of the notice to

the clearinghouse and the department. A court may, in the

interests of justice, award to a registered person who prevails

in an action brought under this subsection, reasonable attorney

fees and court costs, including expert witness fees. 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.

Any CED manufacturer or stewardship organization acting in

and any entity developing, implementing, operating,

participating in or performing any other activities related to a

manufacturer stewardship program 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. The

supervisory activities described in this chapter are sufficient

to confirm that activities of the manufacturers, stewardship

organization and any entity developing, implementing, operating,

Commonwealth.

§ 6724. Other CED collection activities.

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. No person may be prohibited from establishing an

e-waste program independently of a manufacturer e-waste program

under this chapter.