PRINTER'S NO. 3348
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2299
Session of
2020
INTRODUCED BY ZABEL, HILL-EVANS, DONATUCCI, BRIGGS, SHUSTERMAN,
MURT, STURLA, CALTAGIRONE, McNEILL, VITALI, T. DAVIS,
MILLARD, DALEY, DELLOSO, OTTEN, BULLOCK, SAPPEY, FRANKEL,
COMITTA, FREEMAN, SCHWEYER, McCARTER, GALLOWAY, KENYATTA,
SCHLOSSBERG, McCLINTON, WILLIAMS, ISAACSON, WEBSTER, HOWARD,
ROZZI, FIEDLER, HOHENSTEIN, O'MARA, SANCHEZ, WARREN, MADDEN,
D. MILLER, SOLOMON, KRUEGER, PASHINSKI, MALAGARI, RADER,
HANBIDGE, ULLMAN, KORTZ, YOUNGBLOOD AND DRISCOLL,
FEBRUARY 24, 2020
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
FEBRUARY 24, 2020
AN ACT
Establishing the Manufacturer E-waste Program, providing for
Manufacturer E-waste Program plans, for penalties and for
landfill ban and establishing the Advisory Electronics
Recycling Task Force.
TABLE OF CONTENTS
Section 1. Short title.
Section 2. Legislative findings.
Section 3. Definitions.
Section 4. Manufacturer E-waste Program.
Section 5. Convenience standard for program collection sites.
Section 6. Election to participate in programs.
Section 7. Program plans.
Section 8. Manufacturer registration.
Section 9. Manufacturer clearinghouse.
Section 10. Retailer responsibilities.
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Section 11. Recycler responsibilities.
Section 12. Collector responsibilities.
Section 13. Enforcement.
Section 14. Regulations.
Section 15. Relation to other State laws.
Section 16. CRT retrievable storage.
Section 17. Collection of CEDs outside of program.
Section 18. Landfill and burning ban.
Section 19. Manufacturer clearinghouse and allocation of
financial responsibility for transportation and
recycling of covered electronic devices.
Section 20. Advisory Electronics Recycling Task Force.
Section 21. Public reporting.
Section 22. Antitrust.
Section 23. Repeals.
Section 24. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Consumer
Electronics Recycling Act.
Section 2. Legislative findings.
The General Assembly finds and declares that:
(1) Many older and obsolete consumer electronic products
contain materials such as metals, plastics, glass and other
potentially valuable materials which may pose environmental
and health risks and should be recycled.
(2) The reuse and recycling of these materials can
conserve natural resources and energy and further the
interest of this Commonwealth in the proper product
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management.
(3) Manufacturers of electronic products should share
responsibility for the proper management of obsolete consumer
electronic products which could impose significant cost
burdens on municipalities of this Commonwealth in collecting
and processing obsolete electronic products.
(4) This Commonwealth will benefit from the
implementation of a program or programs for the proper
management of obsolete consumer electronic products operated
by manufacturers that are actively overseen by the
Commonwealth.
(5) It is the intent of the Commonwealth to allow
manufacturers to coordinate their activities and programs
related to the proper management of obsolete covered
electronic devices under strict supervision regardless of the
effect the manufacturers' actions or coordination will have
on competition.
(6) It is in the best interest of the Commonwealth to
promote the coordination of manufacturer activities and
programs related to the proper management of obsolete covered
electronic devices through participation in a manufacturer
clearinghouse under this act.
Section 3. 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:
"Best practices." Standards for collecting and preparing
items for shipment and recycling, taking into consideration the
preservation of existing collection programs and relationships
when possible. The term includes standards for packaging,
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transport, load size, acceptable load contamination levels, non-
CED items included in a load and other standards as determined
under section 20.
"Board." The Environmental Hearing Board of the
Commonwealth.
"Collector." A person who collects residential CEDs at any
program collection site or one-day collection event and prepares
them for transport.
"Computer," "personal computer" or "PC." A desktop computer,
notebook computer or tablet computer used only in a residence in
this Commonwealth. The term may not include an automated
typewriter, electronic printer, mobile telephone, portable hand-
held calculator, portable digital assistant (PDA), MP3 player or
other similar device or other peripheral items such as cables, a
computer mouse or a keyboard.
"Computer monitor." An electronic device that is a cathode-
ray tube or flat panel display primarily intended to display
information from a computer and is used only in a residence in
this Commonwealth.
"County recycling coordinator." The individual who is
designated as the recycling coordinator for a county in a waste
management plan submitted under section 501 of the act of July
28, 1988 (P.L.556, No.101), known as the Municipal Waste
Planning, Recycling and Waste Reduction Act.
"Covered electronic device" or "CED." Any cable receiver,
computer, computer monitor, digital converter box, digital video
disc player, digital video disc recorder, electronic keyboard,
electronic mouse, facsimile machine, portable digital music
player that has memory capability and is battery powered,
printer, satellite receiver, scanner, small-scale server,
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television, video game console or videocassette recorder sold at
retail. The term does not include any of the following:
(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 a retail, industrial, commercial,
library checkout, traffic control, kiosk, security used for
purposes other than household security, governmental,
agricultural or medical setting, including, but not limited
to, diagnostic, monitoring or control equipment; or
(3) an electronic device that is contained within an air
purifier, clothes dryer, clothes washer, conventional oven or
range, dehumidifier, dishwasher, microwave oven,
refrigerator, refrigerator and freezer, room air conditioner,
sump pump or water pump. To the extent allowed under Federal
and State laws and regulations, a CED that is being
collected, recycled or processed for reuse is not 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) computer monitors;
(2) computers and small-scale servers;
(3) digital converter boxes, cable receivers and
satellite receivers;
(4) digital video disc players, digital video disc
recorders and videocassette recorders;
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(5) electronic keyboards and electronic mice and
portable digital music players that have memory capability
and are battery powered;
(6) printers, facsimile machines and scanners;
(7) televisions; and
(8) video game consoles.
"Department." The Department of Environmental Protection of
the Commonwealth.
"Desktop computer." An electronic, magnetic, optical,
electrochemical or other high-speed data processing device that
is designed to be located in a single location to perform
logical, arithmetic or storage functions for general purpose
needs through interaction with a number of software programs
using human interface with a stand-alone keyboard, monitor or
other display unit and mouse or other pointing device. The term
does not include:
(1) a device that is designed to exclusively perform a
specific type of logical, arithmetic or storage function or
other limited or specialized application;
(2) a device that is designed for portability and
generally utilizes an external monitor, keyboard and mouse
with an external or internal power supply for a power source;
or
(3) an automated typewriter or typesetter.
"Manufacturer." A person, or a successor in interest to a
person, under whose brand or label a CED is or was sold at
retail. The term includes a CED sold at retail under a brand or
label that is licensed from another person who is a mere brand
owner and who does not sell or produce a CED and a CED sold at
retail under the brand or label of both the retail seller and
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the person that produced the CED.
"Manufacturer clearinghouse." An entity that collectively
represents at least 50% of the manufacturers' total obligations
under this act for a program year that prepares and submits a
program plan to the department and oversees the program on
behalf of a group of two or more manufacturers cooperating to
collectively establish and operate a program under this act.
"Municipality." A county, city, borough, incorporated town,
township or home rule municipality.
"Notebook computer" or "laptop computer." An electronic,
magnetic, optical, electrochemical or other high-speed data
processing device with an incorporated video display unit
greater than four inches in size to be carried as one unit by an
individual to perform logical, arithmetic or storage functions
for general purpose needs through interaction with a number of
software programs using human interaction with a keyboard, video
display and mouse or other pointing device, all of which are
contained within the construction of the unit that comprises the
notebook computer. The term includes devices that operate using
an internal or external power source and devices that accept
attachment of supplemental stand-alone interface devices. The
term does not include:
(1) a device that is designed to exclusively perform a
specific type of logical, arithmetic or storage function or
other limited or specialized application; or
(2) a portable hand-held calculator or a portable
digital assistant or similar specialized device.
"One-day collection event." A one-day event used as a
substitute for a program collection site under section 5.
"Person." An individual, partnership, co-partnership, firm,
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company, limited liability company, corporation, association,
joint stock company, trust, estate, political subdivision, State
agency or any other legal entity or legal representative, agent
or assign of that entity. The term includes a unit of local
government.
"Printer." Desktop printers, multifunction printer copiers
and combinations of printers and fax machines taken out of
service from a residence in this Commonwealth that are designed
to reside on a work surface. The term includes various print
technologies, including, without limitation, laser and LED or
electrographic, ink jet, dot matrix, thermal and digital
sublimation and multi-function or all-in-one devices that
perform different tasks, including, without limitation, copying,
scanning, faxing and printing. The term does not include floor-
standing printers, printers with optional floor stand, point of
sale receipt printers, calculators with printing capabilities,
label makers or non-stand-alone printers that are embedded into
products that are not CEDs.
"Program." The Manufacturer E-waste Program established
under section 4 by a manufacturer, individually or collectively
as part of a manufacturer clearinghouse, to transport and
subsequently recycle residential CEDs collected at program
collection sites and one-day collection events under this act.
"Program collection site." A physical location that is
included in a program and at which residential CEDs are
collected and prepared for transport by a collector during a
program year under this act. The term does not include a retail
collection site.
"Program year." A calendar year.
"Recycler." Any person who transports or subsequently
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recycles residential CEDs that have been collected and prepared
for transport by a collector at any program collection site or
one-day collection event.
"Recycling." A method, technique or process designed to
remove any contaminant from waste so as to render the waste
reusable, or any process by which materials that would otherwise
be disposed of or discarded are collected, separated or
processed and returned to the economic mainstream in the form of
raw materials or products. The term includes any process by
which residential CEDs that would otherwise be disposed of or
discarded are collected, separated or processed and returned to
the economic mainstream in the form of raw materials or
products.
"Residence." A dwelling place or home in which one or more
individuals live.
"Residential covered electronic device" or "residential CED."
Any covered electronic device taken out of service from a
residence in this Commonwealth.
"Retail collection site." A private sector collection site
operated by a retailer collecting on behalf of a manufacturer.
"Retailer." A person who first sells, through a sales
outlet, catalog or the Internet, a covered electronic device at
retail to an individual for residential use or any permanent
establishment primarily where merchandise is displayed, held,
stored or offered for sale to the public.
"Sale." Any retail transfer of title for consideration of
title, including, but not limited to, transactions conducted
through sales outlets, catalogs or the Internet or any other
similar electronic means. The term does not include financing or
leasing.
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"Small-scale server." A computer that is primarily designed
to serve as a storage host for other computers and must:
(1) be designed in a pedestal, tower or other form that
is similar to that of a desktop computer so that all data
processing, storage and network interfacing is contained
within one box or product;
(2) be designed to be operational 24 hours per day and
seven days per week;
(3) have very little unscheduled downtime;
(4) be capable of operating in a simultaneous multi-user
environment serving several users through networked client
units; and
(5) be designed for an industry-accepted operating
system for home or low-end server applications.
"Tablet computer." An electronic, magnetic, optical,
electrochemical or other high-speed data processing device with
an incorporated touch screen and video display screen greater
than six inches in size using an external or internal power
source that is designed to be portable and to perform logical,
arithmetic or storage functions for general purpose needs
through interaction with a number of software programs using
human interaction through an integrated screen or wired or
unwired device. The term does not include:
(1) a device that is designed to exclusively perform a
specific type of logical, arithmetic or storage function or
other limited or specialized application; or
(2) a portable hand-held calculator, a portable digital
assistant or a similar specialized device.
"Task force." The Advisory Electronics Recycling Task Force
established under section 20.
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"Television." An electronic device that contains a cathode-
ray tube or flat panel screen the size of which is greater than
four inches when measured diagonally and is intended to receive
video programming via broadcast, cable, satellite, Internet or
other mode of video transmission or to receive video from
surveillance or other similar cameras.
Section 4. Manufacturer E-waste Program.
(a) Transportation program.--The Manufacturer E-waste
Program is established. For program year 2020, and each program
year thereafter, each manufacturer shall, individually or as
part of a manufacturer clearinghouse, provide a program to
transport and subsequently recycle residential CEDs collected
at, and prepared for transport from, the program collection
sites and one-day collection events included in the program
during the program year.
(b) Program requirements.--Each program under subsection (a)
must include:
(1) satisfaction of the convenience standard described
in section 5;
(2) instructions for designated county recycling
coordinators and municipalities to annually file notice to
participate in the program;
(3) transportation and subsequent recycling of the
residential CEDs collected at, and prepared for transport
from, the program collection sites and one-day collection
events included in the program during the program year; and
(4) submission of a report to the department, by March
1, 2020, and each March 1 thereafter, which includes:
(i) the total weight of all residential CEDs
transported from program collection sites and one-day
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collection events throughout this Commonwealth during the
preceding program year by CED category;
(ii) the total weight of residential CEDs
transported from all program collection sites and one-day
collection events in each county in this Commonwealth
during the preceding program year by CED category; and
(iii) the total weight of residential CEDs
transported and recycled from all program collection
sites and one-day collection events in each county in
this Commonwealth during the preceding program year.
(c) Program instruction availability.--Each program shall
make the instructions required under subsection (b)(2) available
on its publicly accessible Internet website by December 1, 2020,
and the program shall provide to the department a hyperlink to
the program's website for posting on the department's publicly
accessible Internet website.
(d) Curbside pickup.--Nothing in this act shall prevent a
manufacturer from accepting residential CEDs collected through a
municipal recycling program as defined under section 103 of the
act of July 28, 1988 (P.L.556, No.101), known as the Municipal
Waste Planning, Recycling and Waste Reduction Act.
(e) Requirements of collection program.--A collection
program operated in accordance with this section shall:
(1) meet the collector responsibilities under section
12(a), (d), (e) and (g) and require certification on the bill
of lading or similar manifest from the unit of local
government, the third party and the county or municipal joint
action agency that elected to participate in the program that
the CEDs were collected, to the best of their knowledge, from
residential consumers in this Commonwealth;
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(2) comply with the audit provisions under section 8(i);
(3) locate any drop-off location where CEDs are
collected on property owned by a municipality; and
(4) have signage at any drop-off location indicating
only residential CEDs are accepted for recycling.
(f) Financial responsibility.--Manufacturers of CEDs may not
be financially responsible for transporting and consolidating
CEDs collected from a collection program's drop-off location.
Any drop-off location used in 2020 must have been identified by
the county or municipal joint action agency in the written
notice of election to participate in the program in accordance
with section 6 by March 1, 2020. Any drop-off location operating
in 2020 or in subsequent years must be identified by the county
or municipal joint action agency in the annual written notice of
election to participate in a program in accordance with section
6 to be eligible for the subsequent program year.
Section 5. Convenience standard for program collection sites.
(a) Program requirements.--Beginning in 2020, each program
for a program year must include, at a minimum, program
collection sites in the following quantities in counties that
elect to participate in the program for the program year:
(1) one program collection site in each county that has
a population density that is less than 250 individuals per
square mile;
(2) two program collection sites in each county that has
a population density that is greater than or equal to 250
individuals per square mile but less than 500 individuals per
square mile;
(3) three program collection sites in each county that
has a population density that is greater than or equal to 500
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individuals per square mile but less than 750 individuals per
square mile;
(4) four program collection sites in each county that
has a population density that is greater than or equal to 750
individuals per square mile but less than 1,000 individuals
per square mile;
(5) five program collection sites in each county that
has a population density that is greater than or equal to
1,000 individuals per square mile but less than 5,000
individuals per square mile; and
(6) fifteen program collection sites in each county that
has a population density that is greater than or equal to
5,000 individuals per square mile.
(b) County population densities.--For purposes of this
section, county population densities shall be based on the
entire county's population density, regardless of whether a
municipality or municipal joint action agency in the county
participates in a program. If a municipality with a population
of over 1,000,000 residents elects to participate in a program
for a program year, the program shall provide 10 additional
program collection sites for the program year to be located in
that municipality, and the program collection sites required
under subsection (a)(6) shall be located outside of the
municipality. If a municipal joint action agency elects to
participate in a program for a program year, it shall receive,
for that year, a population-based pro rata share of the program
collection sites that would be granted to the county in which
the municipal joint action agency is located if the county were
to elect to participate in the program for that year, rounded to
the nearest whole number.
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(c) Number of collection sites.--A designated county
recycling coordinator may elect to operate more than the
required minimum number of collection sites.
(d) Written agreements permitted.--Notwithstanding the
provisions of subsection (a), any municipality or municipal
joint action agency that elects to participate in a program may
enter into a written agreement with the operators of any program
in order to:
(1) decrease the number of program collection sites in
the county, municipality or territorial boundary of the
municipal joint action agency for the program year;
(2) substitute a program collection site in the county,
municipality or territorial boundary of the municipal joint
action agency with either:
(i) four one-day collection events; or
(ii) a different number of collection events as may
be provided in the written agreement;
(3) substitute the location of a program collection site
in the county, municipality or territorial boundary of the
municipal joint action agency for the program year with
another location;
(4) substitute the location of a one-day collection in
the county, municipality or territorial boundary of the
municipal joint action agency with another location; or
(5) use, with the agreement of the applicable retailer,
a retail collection site as a program collection site.
(e) Writing requirement.--An agreement made under subsection
(d)(1) or (2) shall be reduced to writing and included in the
program plan under section 7(a).
Section 6. Election to participate in programs.
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(a) Election to participate.--Beginning with program year
2020, a county, municipal joint action agency or a municipality
with a population of more than 1,000,000 residents may elect to
participate in a program by filing with the program and the
department, on or before March 1, 2020, and on or before March 1
of each year thereafter for the upcoming program year, a written
notice of election to participate in the program. The written
notice shall include a list of proposed collection locations
likely to be available and appropriate to support the program,
and may include locations already providing similar collection
services. The written notice may include a list of registered
recyclers that the county, municipal joint action agency or
municipality would prefer using for its collection sites or one-
day events.
(b) Operation contracts.--Counties, municipal joint action
agencies and municipalities with a population of more than
1,000,000 residents may contract with registered collectors to
operate collection sites. Eligible registered collectors are not
limited to private companies and non-government organizations.
Section 7. Program plans.
(a) Program plans.--By July 1, 2020, and each July 1
thereafter, each manufacturer shall, individually or through a
manufacturer clearinghouse, submit to the department a program
plan which shall include:
(1) the contact information for the individual who will
serve as the point of contact for the program;
(2) the name of each county that has elected to
participate in the program during the program year;
(3) for each county, the location of each program
collection site and one-day collection event included in the
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program for the program year;
(4) the collector operating each program collection site
and one-day collection event included in the program for the
program year;
(5) the recyclers that manufacturers plan to use during
the program year to transport and subsequently recycle
residential CEDs under the program, with the updated list of
recyclers to be provided to the department no later than
December 1 preceding each program year;
(6) an explanation of any deviation by the program from
the standard program collection site distribution under
section 5(a) for the program year, along with copies of all
written agreements made under section 5(d)(1) and (2) for the
program year; and
(7) if a group of two or more manufacturers are
participating in a manufacturer clearinghouse, certification
that the methodology used for allocating responsibility for
the transportation and recycling of residential CEDs by
manufacturers participating in the manufacturer clearinghouse
for the program year will be in compliance with the
allocation methodology established under section 19.
(b) Department review.--Within 60 days after receiving a
program plan, the department shall review and approve or
disapprove the plan. The following shall occur:
(1) If the department determines that the program
collection sites and one-day collection events specified in
the plan will satisfy the convenience standard set forth in
section 5, the department shall approve the program plan and
provide written notification of the approval to the
individual who serves as the point of contact for the
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manufacturer. The department shall make the approved plan
available on the department's publicly accessible Internet
website.
(2) If the department determines the program collection
sites and one-day collection events specified in the plan
will not satisfy the convenience standard set forth in
section 5, the department shall disapprove the program plan
and provide written notification of the disapproval and the
reasons for the disapproval to the individual who serves as
the point of contact for the manufacturer. Within 30 days
after the date of disapproval, the manufacturer shall submit
a revised program plan that addresses the deficiencies noted
in the department's disapproval.
(c) Financial responsibility assumed.--Manufacturers shall
assume financial responsibility for carrying out their program
plans, including, but not limited to, financial responsibility
for providing the packaging materials necessary to prepare
shipments of collected residential CEDs in compliance with
section 12(e), as well as financial responsibility for bulk
transportation and recycling of collected residential CEDs.
Section 8. Manufacturer registration.
(a) Registration required.--By April 1, 2020, and by April 1
of each year thereafter, a manufacturer who sells CEDs in this
Commonwealth must register with the department by:
(1) submitting to the department a $5,000 registration
fee; and
(2) completing and submitting to the department the
registration form prescribed by the department. Information
on the registration form shall include, without limitation,
all of the following:
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(i) a list of all of the brands and labels under
which the manufacturer's CEDs are sold or offered for
sale in this Commonwealth; and
(ii) the total weights, by CED category, of CEDs
sold in the United States to individuals, under any of
the manufacturer's brands or labels, during the calendar
year that is two years before the applicable program
year.
(b) Amended registration.--If, during a program year, any of
the manufacturer's CEDs are sold or offered for sale in this
Commonwealth under a brand that is not listed in the
manufacturer's registration, the manufacturer must amend its
registration to add the brand within 30 days after the first
sale or offer for sale under that brand.
(c) Use of fees.--All registration fees collected by the
department under this section shall be deposited into the
Recycling Fund established under section 706 of the act of July
28, 1988 (P.L.556, No.101), known as the Municipal Waste
Planning, Recycling and Waste Reduction Act.
(d) Internet listing.--The department shall post on its
publicly accessible Internet website a list of all registered
manufacturers.
(e) New registration.--Beginning in program year 2020, a
manufacturer whose CEDs are sold or offered for sale in this
Commonwealth for the first time on or after April 1 of a program
year must register with the department within 30 days after the
date the CEDs are first sold or offered for sale in this
Commonwealth.
(f) Recycling standards.--Beginning in program year 2020,
manufacturers shall ensure that only recyclers that have
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registered with the department and meet the recycler standards
set forth in section 11 are used to transport or recycle
residential CEDs collected at any program collection site or
one-day collection event.
(g) Registration required.--Beginning in program year 2020,
no manufacturer may sell or offer for sale a CED in this
Commonwealth unless the manufacturer is registered and operates
a program either individually or as part of the manufacturer
clearinghouse as required in this act.
(h) Brand name required.--Beginning in program year 2020, no
manufacturer may sell or offer for sale a CED in this
Commonwealth unless the manufacturer's brand name is permanently
affixed to, and is readily visible on, the CED.
(i) Manufacturer audit.--In accordance with a contract or
agreement with a county, municipality or municipal joint action
agency that has elected to participate in a program under this
act, manufacturers may, either individually or through a
manufacturer clearinghouse, audit program collection sites and
proposed program collection sites for compliance with the terms
and conditions of the contract or agreement. Audits shall be
conducted during normal business hours and a manufacturer or its
designee shall provide reasonable notice to the collection site
in advance of the audit. Audits of all program collection sites
may include, among other things, physical site location visits
and inspections and review of processes, procedures, technical
systems, reports and documentation reasonably related to the
collecting, sorting, packaging and recycling of residential CEDs
in compliance with this act.
(j) Acceptance of recycled goods.--Nothing in this act shall
require a manufacturer or program to collect, transport or
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recycle any CEDs other than residential CEDs, or to accept for
transport or recycling any pallet or bulk container of
residential CEDs that has not been prepared by the collector for
shipment in accordance with section 12(e).
Section 9. Manufacturer clearinghouse.
(a) Plan incorporation.--A program plan submitted by a
manufacturer clearinghouse may take into account and incorporate
individual plans or operations of one or more manufacturers that
are participating in the manufacturer clearinghouse.
(b) Delegation of responsibility.--If a manufacturer
clearinghouse allocates responsibility to manufacturers for
manufacturers' transportation and recycling of residential CEDs
during a program year as part of a program plan, the
manufacturer clearinghouse shall identify the allocation
methodology in its plan submission to the department under
section 7 for review and approval. Any allocation of
responsibility among manufacturers for the collection of CEDs
shall be in accordance with the allocation methodology
established under section 19.
(c) Authority to enforce compliance.--No manufacturer
clearinghouse may have authority to enforce manufacturer
compliance with the requirements of this act, including
compliance with the allocation methodology set forth in a
program plan. A manufacturer clearinghouse shall, upon prior
notice to the manufacturer, refer any potential noncompliance to
the department. A manufacturer clearinghouse may develop and
implement policies and procedures that exclude from
participation in the manufacturer clearinghouse any
manufacturers found by the board or a court of competent
jurisdiction to have failed to comply with this act.
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Section 10. Retailer responsibilities.
(a) Registration and labeling requirements.--Beginning in
program year 2020, no retailer who first sells a CED at retail
through a sales outlet, catalog or the Internet to an individual
for residential use may sell or offer for sale any CED in or for
delivery into this Commonwealth unless:
(1) the CED is labeled with a brand, and the label is
permanently affixed and readily visible; and
(2) the manufacturer is registered with the department
at the time the retailer purchases the CED.
(b) Compliance.--A retailer shall be considered to have
complied with subsection (a) if:
(1) a manufacturer registers with the department within
30 days of a retailer taking possession of the manufacturer's
CED;
(2) a manufacturer's registration expires and the
retailer ordered the CED prior to the expiration, in which
case the retailer may sell the CED, but only if the sale
takes place within 180 days of the expiration; or
(3) a manufacturer is no longer conducting business and
has no successor in interest, in which case the retailer may
sell any orphan CED ordered prior to the discontinuation of
business.
(c) Retailers agreement.--Retailers may not be considered
collectors under the convenience standard and retail collection
sites may not be considered a collection site for the purposes
of the convenience standard under sections 4, 5 or 7 unless
otherwise agreed to in writing by the retailer, operators of the
program and the applicable county, municipal joint action agency
or municipality. If retailers agree to participate in a county
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program collection site, the retailer collection site shall not
be required to collect all CEDs or register as a collector.
(d) Retail sites permitted.--Manufacturers may use retail
collection sites for satisfying some or all obligations under
sections 4, 5 or 7.
(e) Fees permitted.--Nothing in this act shall prohibit a
retailer from collecting a fee for each CED collected.
Section 11. Recycler responsibilities.
(a) Recycler registration.--
(1) By January 1, 2020, and each January 1 thereafter,
each recycler must register with the department by:
(i) submitting to the department a $3,000
registration fee; and
(ii) completing and submitting to the department the
registration form prescribed by the department. The
registration form shall include the address of each
location where the recycler manages residential CEDs
collected through a program and the certification
required under subsection (d).
(2) The department may deny a registration under this
section if the recycler or any employee or officer of the
recycler has a history of:
(i) repeated violations of Federal, State or local
laws, regulations, standards or ordinances related to the
collection, recycling or other management of CEDs;
(ii) conviction in this Commonwealth or another
state of any crime which is a felony under the laws of
this Commonwealth or conviction of a felony in a Federal
court; or
(iii) conviction in this Commonwealth or another
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state or Federal court of any of the following crimes:
(A) forgery;
(B) official misconduct;
(C) bribery;
(D) perjury;
(E) knowingly submitting false information under
any environmental law, regulation or permit term or
condition; or
(F) gross carelessness or incompetence in
handling, storing, processing, transporting,
disposing of or otherwise managing CEDs.
(b) Registration fees.--All registration fees collected by
the department under this section shall be deposited into the
Recycling Fund established under section 706 of the act of July
28, 1988 (P.L.556, No.101), known as the Municipal Waste
Planning, Recycling and Waste Reduction Act.
(c) Public listing of registered recyclers.--The department
shall post on the department's publicly accessible Internet
website a list of all registered recyclers.
(d) Registration required.--Beginning in program year 2020,
no person may act as a recycler of residential CEDs for a
program unless the recycler is registered with the department as
required under this section.
(e) Certification of compliance required.--Beginning in
program year 2020, recyclers must, as a part of their annual
registration, certify compliance with all of the following
requirements:
(1) Recyclers must comply with Federal, State and local
laws and regulations, including Federal and State minimum
wage laws, specifically relevant to the handling, processing
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and recycling of residential CEDs and must have proper
authorization by all appropriate governing authorities to
perform the handling, processing and recycling.
(2) Recyclers must implement the appropriate measures to
safeguard occupational and environmental health and safety
through:
(i) environmental health and safety training of
personnel, including training with regard to material and
equipment handling, worker exposure, controlling releases
and safety and emergency procedures; and
(ii) an up-to-date written plan for:
(A) the identification and management of
hazardous materials; and
(B) reporting and responding to exceptional
pollutant releases, including emergencies such as
accidents, spills, fires and explosions.
(3) Recyclers must maintain:
(i) commercial general liability insurance or the
equivalent corporate guarantee for accidents and other
emergencies with limits of not less than $1,000,000 per
occurrence; and
(ii) pollution legal liability insurance with limits
not less than $1,000,000 per occurrence for companies
engaged solely in the dismantling activities and
$5,000,000 per occurrence for companies engaged in
recycling.
(4) Recyclers must maintain on file documentation that
demonstrates the completion of an environmental health and
safety audit completed and certified by a competent internal
and external auditor annually. A competent auditor is an
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individual who, through professional training or work
experience, is appropriately qualified to evaluate the
environmental health and safety conditions, practices and
procedures of the facility. Documentation of auditors'
qualifications must be available for inspection by department
officials and third-party auditors.
(5) Recyclers must maintain on file proof of workers'
compensation and employers' liability insurance.
(6) Recyclers must provide adequate assurance, such as
bonds or corporate guarantees, to cover environmental and
other costs of the closure of the recycler's facility,
including cleanup of stockpiled equipment and materials.
(7) Recyclers must apply due diligence principles to the
selection of facilities to which components and materials,
such as plastics, metals and circuit boards, from residential
CEDs are sent for reuse and recycling.
(8) Recyclers must establish a documented environmental
management system that is appropriate in level of detail and
documentation to the scale and function of the facility,
including documented regular self-audits or inspections of
the recycler's environmental compliance at the facility.
(9) Recyclers must use the appropriate equipment for the
proper processing of incoming materials as well as
controlling environmental releases to the environment. The
dismantling operations and storage of residential CED
components that contain hazardous substances must be
conducted indoors and over impervious floors. Storage areas
must be adequate to hold all processed and unprocessed
inventory. When heat is used to soften solder and when
residential CED components are shredded, operations must be
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designed to control indoor and outdoor hazardous air
emissions.
(10) Recyclers must establish a system for identifying
and properly managing components, such as circuit boards,
batteries, cathode-ray tubes and mercury phosphor lamps, that
are removed from residential CEDs during disassembly.
Recyclers must properly manage all hazardous and other
components requiring special handling from residential CEDs
consistent with Federal, State and local laws and
regulations. Recyclers must provide visible tracking, such as
hazardous waste manifests or bills of lading, of hazardous
components and materials from the facility to the destination
facilities and documentation, such as contracts, stating how
the destination facility processes the materials received. No
recycler may send, either directly or through intermediaries,
hazardous wastes to solid nonhazardous waste landfills or to
nonhazardous waste incinerators for disposal or energy
recovery. For the purpose of this paragraph, smelting of
hazardous wastes to recover metals for reuse in conformance
with all applicable laws and regulations is not considered
disposal or energy recovery.
(11) Recyclers must use a regularly implemented and
documented monitoring and recordkeeping program that tracks
total inbound residential CED material weights and total
subsequent outbound weights to each destination, injury and
illness rates and compliance with applicable permit
parameters, including monitoring of effluents and emissions.
Recyclers must maintain contracts or other documents, such as
sales receipts, suitable to demonstrate:
(i) the reasonable expectation that there is a
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downstream market or uses for designated electronics,
which may include recycling or reclamation processes,
such as smelting, to recover metals for reuse; and
(ii) that any residuals from recycling or
reclamation processes, or both, are properly handled and
managed to maximize reuse and recycling of materials to
the extent practical.
(12) Recyclers must employ industry-accepted procedures
for the destruction or sanitation of data on hard drives and
other data storage devices. Acceptable guidelines for the
destruction or sanitation of data are contained in Special
Publication 800-88, Revision 1, published in December 2014 by
the National Institute of Standards and Technology's
Guidelines for Media Sanitation or those guidelines certified
by the National Association for Information Destruction.
(13) No recycler may employ prison labor in any
operation related to the collection, transportation and
recycling of CEDs. No recycler may employ any third party
that uses or subcontracts for the use of prison labor.
(f) Transportation limits.--Each recycler shall, during each
calendar year, transport from each site that the recycler uses
to manage residential CEDs not less than 75% of the total weight
of residential CEDs present at the site during the preceding
calendar year. Each recycler shall maintain on-site records that
demonstrate compliance with this requirement and shall make
those records available to the department for inspection and
copying.
(g) Independent recycling permitted.--Nothing in this act
shall prevent a person from acting as a recycler independently
of a program.
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Section 12. Collector responsibilities.
(a) Registration of collector.--
(1) By January 1, 2020, and each January 1 thereafter, a
person acting as a collector under a program 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 residential
CEDs.
(2) The department may deny registration under this
section if the collector or any employee or officer of the
collector has a history of:
(i) repeated violations of Federal, State or local
laws, regulations, standards or ordinances related to the
collection, recycling or other management of CEDs;
(ii) conviction in this Commonwealth or another
state of any crime which is a felony under the laws of
this Commonwealth, or conviction of a felony in a Federal
court;
(iii) conviction in this Commonwealth or another
state or Federal court of any of the following crimes:
(A) forgery;
(B) official misconduct;
(C) bribery;
(D) perjury;
(E) knowingly submitting false information under
any environmental law, regulation or permit term or
condition; or
(F) gross carelessness or incompetence in
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handling, storing, processing, transporting,
disposing of or otherwise managing CEDs.
(b) Public list of collectors.--The department shall post on
the department's publicly accessible Internet website a list of
all registered collectors.
(c) Indication of collector status.--Manufacturers and
recyclers acting as collectors shall indicate their status on
their registration under sections 8 or 11.
(d) Weight of CEDs reported.--By March 1, 2020, and each
March 1 thereafter, each collector that operates a program
collection site or one-day collection event shall report, to the
department and to the program, 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) Sorting and loading of CEDs.--Each collector that
operates a program collection site or one-day event shall ensure
that the collected residential CEDs are sorted and loaded in
compliance with Federal, State and local law. In addition, at a
minimum, the collector shall also comply with the following
requirements:
(1) residential CEDs must be accepted at the program
collection site or one-day collection event unless otherwise
provided in this act;
(2) 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; and
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(iii) on average per collection site 18,000 pounds
per shipment, and, if not, the recycler may charge the
collector a prorated charge on the shortfall in weight,
not to exceed $600.
(3) residential CEDs shall be sorted into the following
categories:
(i) computer monitors and televisions containing a
cathode-ray tube, other than televisions with wooden
exteriors;
(ii) computer monitors and televisions containing a
flat panel screen;
(iii) all covered televisions that are residential
CEDs;
(iv) computers;
(v) all other residential CEDs; and
(vi) any electronic device that is not part of the
program 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 program.
(4) containers holding the CEDs must be structurally
sound for transportation; and
(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.
(f) Acceptance of CEDs at collection site or one-day
event.--Except as provided in subsection (g), each collector
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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.
(g) Limitations on acceptance.--No collector that operates a
program collection site or one-day collection event shall:
(1) accept, at the program collection site or one-day
collection event, more than seven residential CEDs from an
individual at any one time;
(2) scrap, salvage, dismantle or otherwise disassemble
any residential CED collected at a program collection site or
one-day collection event;
(3) deliver to a program, through its recycler, any CED
other than a residential CED collected at a program
collection site or one-day collection event; or
(4) deliver to a person other than the program or its
recycler, a residential CED collected at a program collection
site or one-day collection event.
(h) Certain fees permitted.--Beginning in program year 2020,
registered collectors participating in county supervised
collection programs may collect a fee for each desktop computer
monitor or television accepted for recycling to cover costs for
collection and preparation for bulk shipment or to cover costs
associated with the requirements of subsection (e).
(i) Independent collectors permitted.--Nothing in this act
shall prevent a person from acting as a collector independent of
a program.
Section 13. Enforcement.
(a) Judicial action.--
(1) The Commonwealth, through the Attorney General and
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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 7 or to
remit the registration fees under sections 8 and 11 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 Recycling
Fund established under section 706 of the act of July 28,
1988 (P.L.556, No.101), known as the Municipal Waste
Planning, Recycling and Waste Reduction Act, 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 or who fails to register with the
department and pay a registration fee under this act 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 under 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
under this act.
(3) All penalty money collected under paragraphs (1) and
(2) shall be deposited into the Recycling Fund and used to
support the activities under this act.
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(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 14. 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 15. Relation to other State laws.
Nothing in this act shall affect the validity or application
of any other law or regulation of this Commonwealth.
Section 16. CRT retrievable storage.
In order to further the policy of this Commonwealth to reduce
the environmental and economic impacts of transporting and
managing cathode-ray tube (CRT) glass, and to support the
beneficial use of CRTs in accordance with beneficial use
determinations issued by the department under section 22.54 of
the Environmental Protection Act and the storage of CRTs in
retrievable storage cells at locations within this Commonwealth
for future recovery, for the purpose of this act, a CRT shall be
considered to be recycled if:
(1) all recyclable components are removed from the
device; and
(2) the glass from the device is either:
(i) beneficially reused in accordance with a
beneficial use determination issued under section 22.54
of the Environmental Protection Act; or
(ii) placed in a storage cell, in a manner that
allows it to be retrieved in the future, at a waste
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disposal site that is permitted to accept the glass.
Section 17. Collection of CEDs outside of program.
(a) Contracts with waste haulers permitted.--Nothing in this
act prohibits 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) Independent e-waste programs permitted.--Nothing in this
act shall prohibit a person from establishing an e-waste program
independently of a program established under section 4.
Section 18. Landfill and burning ban.
(a) Mixing of CEDs or other devices with waste prohibited.--
Beginning January 1, 2020, no person may knowingly cause or
allow the mixing of a CED or any other cable receiver, computer,
computer monitor, digital converter box, digital video disc
player, digital video disc recorder, electronic keyboard,
electronic mouse, facsimile machine, portable digital music
player, printer, satellite receiver, scanner, small-scale
server, television, videocassette recorder or video game console
with municipal waste that is intended for disposal at a
landfill.
(b) Knowing disposal of CEDs in landfills prohibited.--
Beginning January 1, 2020, no person may knowingly cause or
allow the disposal of a CED or any other cable receiver,
computer, computer monitor, digital converter box, digital video
disc player, digital video disc recorder, electronic keyboard,
electronic mouse, facsimile machine, portable digital music
player, printer, satellite receiver, scanner, small-scale
server, television, videocassette recorder or video game console
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in a sanitary landfill.
(c) Mixing of CEDs with waste to be burned or incinerated
prohibited.--Beginning January 1, 2020, no person may knowingly
cause or allow the mixing of a CED or any other cable receiver,
computer, computer monitor, digital converter box, digital video
disc player, digital video disc recorder, electronic keyboard,
electronic mouse, facsimile machine, portable digital music
player, printer, satellite receiver, scanner, small-scale
server, television, videocassette recorder or video game console
with waste that is intended for disposal by burning or
incineration.
Section 19. Manufacturer clearinghouse and allocation of
financial responsibility for transportation and
recycling of covered electronic devices.
(a) Clearinghouse statement of CED return share.--By March
1, 2021, and each program year thereafter, each manufacturer
clearinghouse shall provide the department with a statement of
the return share for each CED category for the prior program
year.
(b) Manufacturer participation in plan.--If a manufacturer
clearinghouse submits to the department a program plan under
section 7, the manufacturer clearinghouse shall include in the
plan a list of manufacturers that have agreed to participate in
the manufacturer clearinghouse for the upcoming program year.
(c) Unadjusted total proportional responsibility.--By
November 1, 2020, and each November 1 thereafter, the department
shall provide each manufacturer clearinghouse with a statement
of the unadjusted total proportional responsibility and adjusted
total proportional responsibility of each of its participating
manufacturers for the upcoming program year.
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(d) Unadjusted total proportional responsibility
calculation.--For each program year, the department shall
calculate the unadjusted total proportional responsibility of
each participating manufacturer as follows:
(1) For each CED category the department shall multiply
the participating manufacturer's market share for the CED
category by the return share for the CED category, to arrive
at the category-specific proportional responsibility of the
participating manufacturer for the CED category.
(2) The department shall then, for each participating
manufacturer, sum the category-specific proportional
responsibilities of the participating manufacturer calculated
under paragraph (1) to arrive at the participating
manufacturer's unadjusted total proportional responsibility.
(e) Less than 100% return share.--If the sum of all
unadjusted total proportional responsibilities of a manufacturer
clearinghouse's participating manufacturers for a program year
accounts for less than 100% of the return share for that year,
the department shall divide the unallocated return share among
participating manufacturers in proportion to their unadjusted
total proportional responsibilities, to arrive at the adjusted
total proportional responsibility for each participating
manufacturer.
(f) Retail collection sites permitted to satisfy
manufacturer responsibilities.--A manufacturer may use retail
collection sites to satisfy some or all of the manufacturer's
responsibilities, including, but not limited to, the
manufacturer's transportation and recycling of collected
residential CEDs under any allocation methodology established
under this act. Nothing in this act shall prevent a manufacturer
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from using retail collection sites to satisfy any percentage of
the manufacturer's total responsibilities, including, but not
limited to, the manufacturer's transportation and recycling of
collected residential CEDs under any allocation methodology
established under this act or by administrative rule.
(g) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Adjusted total proportional responsibility." The percentage
calculated for each participating manufacturer for a program
year under subsection (e).
"Market share." The percentage that results from dividing:
(1) the product of the total weight reported for a CED
category by a manufacturer, for the calendar year two years
before the applicable program year, under section 8(a)(2),
multiplied by the population adjustment factor for that year;
by
(2) the product of the total weight reported for that
CED category by all manufacturers, for the calendar year two
years before the applicable program year, under section 8(a)
(2), multiplied by the population adjustment factor for that
year.
"Participating manufacturer." A manufacturer that a
manufacturer clearinghouse has listed under subsection (b) as a
participant in the manufacturer clearinghouse for a program
year.
"Population adjustment factor." The percentage that results
when the population of this Commonwealth, as reported in the
most recent Federal decennial census, is divided by the
population of the United States, as reported in the most recent
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Federal decennial census.
"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 clearinghouse or one or more of its participating
manufacturers during the calendar year two years before the
applicable program year, as reported to the department under
section 4, except that, for program year 2020 and program year
2021, the term means the percentage, by weight, of each CED
category that is estimated by the manufacturer clearinghouse to
be returned to those sites and events during the applicable
program year, as reported to the department under subsection
(a).
"Unadjusted total proportional responsibility." The
percentage calculated for each participating manufacturer under
subsection (d).
Section 20. Advisory Electronics Recycling Task Force.
(a) Task force established.--The Advisory Electronics
Recycling Task Force is established and shall consist of the
following members, to be appointed by the Secretary of
Environmental Protection:
(1) two individuals who are representatives of county
recycling programs;
(2) two individuals who are representatives of recycling
companies;
(3) two individuals who are representatives from the
manufacturing industry;
(4) one individual who is a representative of a
Statewide trade association representing retailers;
(5) one individual who is a representative of a
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Statewide trade association representing manufacturers;
(6) one individual who is a representative of a
Statewide trade association representing waste disposal
companies; and
(7) one individual who is a representative of a national
trade association representing manufacturers.
(b) Appointment and terms.--Members of the task force shall
be appointed as soon as practicable after the effective date of
this section. Members shall serve for two-year voluntary terms
without compensation and may be reappointed. Vacancies shall be
filled by the Secretary of Environmental Protection for the
remainder of the current term.
(c) Chairperson and meetings.--Members shall elect a
chairperson from their membership who shall also serve a two-
year term. The task force shall meet initially at the call of
the Secretary of Environmental Protection and thereafter at the
call of the chairperson. A majority of the members of the task
force shall constitute a quorum, and all actions and
recommendations of the task force must be approved by a majority
of its members.
(d) Best practices.--By November 1, 2020, and each November
1 thereafter, the task force shall submit to the department a
list of agreed-to best practices to be used at program
collection sites and one-day collection events in the following
program year. The department shall post the list of agreed-to
best practices on the department's publicly accessible Internet
website. The task force shall consider the desired intent to
preserve existing collection programs and relationships when
possible while establishing the best practices. The department
shall provide the task force with administrative support as
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necessary.
Section 21. Public reporting.
Each year, the department shall post on its publicly
accessible Internet website the information it receives under
section 4(b)(4) showing the amounts of residential CEDs being
collected and recycled in each county in each program year. The
department shall notify the General Assembly of the availability
of this information.
Section 22. Antitrust.
A manufacturer or manufacturer clearinghouse acting in
accordance with the provisions of this act may negotiate, enter
into contracts with or conduct business with each other and with
any other entity developing, implementing, operating,
participating in or performing any other activities directly
related to a program approved under this act. No manufacturer,
manufacturer clearinghouse and any entity developing,
implementing, operating, participating in or performing any
other activities related to a program approved under this act
may 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 of their actions on
competition. The supervisory activities described in this act
are sufficient to confirm that activities of the manufacturers,
manufacturer clearinghouse and any entity developing,
implementing, operating, participating in or performing any
other activities related to a program that is approved under
section 7 are authorized and actively supervised by this
Commonwealth.
Section 23. Repeals.
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Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate this act.
(2) The act of November 23, 2010 (P.L.1083, No.108),
known as the Covered Device Recycling Act, is repealed.
Section 24. Effective date.
This act shall take effect in 60 days.
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