PRINTER'S NO. 25
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
52
Session of
2019
INTRODUCED BY GORDNER, BARTOLOTTA, SCHWANK, STEFANO, ARGALL,
DINNIMAN AND LEACH, JANUARY 11, 2019
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 11, 2019
AN ACT
Amending the act of November 23, 2010 (P.L.1083, No.108),
entitled "An act establishing a recycling program for certain
covered devices; imposing duties on manufacturers and
retailers of certain covered devices; providing for the
powers and duties of the Department of Environmental
Protection and for enforcement; establishing the Electronic
Materials Recycling Account in the General Fund; and
prescribing penalties," in preliminary provisions, further
providing for definitions; in duties of manufacturers and
retailers, further providing for registration and for
manufacturer plan and reporting, providing for manufacturer
collection and further providing for retailer responsibility;
and, in administration, further providing for duties of
Department of Environmental Protection.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102 of the act of November 23, 2010
(P.L.1083, No.108), known as the Covered Device Recycling Act,
is amended by adding definitions to read:
Section 102. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
"Electronic waste." A covered device that has been
discarded, or is no longer wanted by its owner or for any other
reason, that enters the waste collection, recovery, treatment,
processing or recycling system.
"Electronic waste collection site." A facility at which
electronic waste is accepted from consumers and which is
temporarily stored for at least five days in a calendar year
before the waste is transported to an electronic waste
consolidation facility or electronic waste recycling facility.
"Electronic waste consolidation facility." A facility that
receives and stores electronic waste for the purpose of
organizing, categorizing or consolidating items of electronic
waste before the waste is transported to an electronic waste
recycling facility.
"Electronic waste recycling facility." A facility at which
electronic waste is recycled.
* * *
"Orphan product." A covered device for which its
manufacturer is no longer operational.
* * *
Section 2. Section 304(a) of the act is amended and the
section is amended by adding subsections to read:
Section 304. Registration.
(a) Manufacturers registration.--
(1) A manufacturer of new covered devices offered for
sale in this Commonwealth shall register with the department
by January 30, 2011, or six months after the effective date
of this section, whichever is later, and pay a registration
fee of $5,000.
(2) After January 30, 2011, or six months after the
20190SB0052PN0025 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
effective date of this section, whichever is later, if a
manufacturer has not previously filed a registration, the
manufacturer shall file a registration with the department
prior to any offer for sale or delivery in this Commonwealth
of the manufacturer's new covered devices and shall pay to
the department a registration fee of $5,000.
(3) A registered manufacturer shall submit an annual
renewal of its registration to the department and pay to the
department a registration fee of $5,000 by January 1 of each
program year. The registration and each annual renewal shall
include [a list of all brands the manufacturer is using on
its covered devices regardless of whether the manufacturer
owns or licenses the brand and shall be effective upon
receipt by the department.]:
(i) The manufacturer's name, address and telephone
number.
(ii) The name and title of an officer, director or
other individual designated as the manufacturer's contact
for purposes of this act.
(iii) A list identifying the manufacturer's brands.
(iv) A general description of the manner in which
the manufacturer will comply with section 305.1,
including specific information on the manufacturer's
electronic waste acceptance program in this Commonwealth
and a current list of locations within this Commonwealth
where consumers may return electronic waste.
(v) Sales data reported by weight for the
manufacturer's covered devices sold in this Commonwealth
for the previous three calendar years, categorized by
type to the extent known. If the manufacturer cannot
20190SB0052PN0025 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
provide accurate Commonwealth sales data, the
manufacturer must explain why the data cannot be provided
and estimate Commonwealth sales data by:
(A) dividing the manufacturer's national sales
data by weight by the national population according
to the most recent census and multiplying the result
by the population of this Commonwealth; or
(B) another method approved by the department.
(vi) Any other information as the department may
require.
* * *
(c) Registration.--After the effective date of this
subsection, a manufacturer may not sell or offer for sale
covered devices in this Commonwealth unless the manufacturer has
registered with the department and maintains an electronic waste
acceptance program through which the manufacturer, either
directly or through an agent or designee, accepts electronic
waste from consumers in this Commonwealth for recycling. The
manufacturer must ensure that each retailer is notified of the
registration.
(d) Electronic waste collection site registration.--After
the effective date of this subsection, each person who owns or
operates an electronic waste collection site in this
Commonwealth shall:
(1) Register with the department on a form and in a
manner prescribed by the department. The registration must
include:
(i) the name, address and telephone number of each
owner and operator of the electronic waste collection
site; and
20190SB0052PN0025 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(ii) the name, address and telephone number of the
electronic waste collection site. A person who commences
the operation of an electronic waste collection site
after the effective date of this subsection must register
with the department at least 30 days prior to receiving
electronic waste at the collection site. A registration
shall be effective upon acceptance by the department. If
a collection site is operated by a retailer, a single
registration listing the name, address and telephone
number of the individual collection sites may be
submitted covering all of the retailer's collection
sites.
(2) Beginning with the immediately succeeding March 1
after the effective date of this subsection, and each March 1
thereafter, each person operating an electronic waste
collection site shall submit to the department an annual
report for the previous calendar year on a form and in the
manner prescribed by the department. Annual reports shall
include the following information:
(i) The quantity, by weight, of electronic waste
received from consumers in this Commonwealth.
(ii) The name and address of each person to whom the
electronic waste collection site sent electronic waste
during the reporting period, with the quantity, by
weight, of electronic waste that was sent to each person.
(iii) The weight of electronic waste collected on
behalf of or under an agreement with each manufacturer
during the reporting period.
(3) Manage electronic waste in a manner that complies
with applicable Federal, State and local laws, regulations
20190SB0052PN0025 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
and ordinances.
(4) Store electronic waste:
(i) in a fully enclosed building with a roof, floor
and walls; or
(ii) in a secure container that is constructed and
maintained to minimize breakage of electronic waste and
to prevent releases of hazardous materials to the
environment.
(5) Remove electronic waste from the site within one
year of the waste's receipt at the site and maintain records
demonstrating compliance with this requirement.
(e) Electronic waste consolidation facility registration.--
(1) Within 30 days of the effective date of this
subsection, each person who operates an electronic waste
consolidation facility in this Commonwealth shall register
with the department on a form and in a manner prescribed by
the department. The registration must include:
(i) The name, address and telephone number of the
owner and operator of the facility.
(ii) The name, address and telephone number of the
electronic waste consolidation facility. A person who
commences the operation of an electronic waste
consolidation facility after the effective date of this
subsection shall register with the department at least 30
days prior to receiving any electronic waste. A
registration shall be effective upon acceptance by the
department. A registration required under this
subparagraph must be accompanied by a registration fee of
$250.
(2) Beginning with the immediately succeeding March 1
20190SB0052PN0025 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
after the effective date of this subsection, and each March 1
thereafter, each person operating an electronic waste
consolidation facility shall submit to the department an
annual report for the previous calendar year on a form and in
the manner prescribed by the department. The department may
require annual reports to be filed electronically. Annual
reports shall include the following information:
(i) The name and address of each electronic waste
collection site from which the consolidation facility
received electronic waste during the reporting period,
with the quantity, by weight, of electronic waste
received from each collection site.
(ii) The name and address of each person to whom the
electronic waste consolidation facility sent electronic
waste during the reporting period, with the quantity, by
weight, of electronic waste that was sent to each person.
(iii) The weight of electronic waste collected on
behalf of or pursuant to an agreement with each
manufacturer during the reporting period.
(iv) A certification by the owner or operator of the
electronic waste consolidation facility that the facility
has complied with the requirements of this act and other
applicable laws.
(3) Each person operating an electronic waste
consolidation facility shall:
(i) Manage electronic waste in a manner that
complies with applicable Federal, State and local laws,
regulations and ordinances.
(ii) Store electronic waste:
(A) in a fully enclosed building with a roof,
20190SB0052PN0025 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
floor and walls; or
(B) in a secure container that is constructed
and maintained to minimize breakage of electronic
waste and to prevent releases of hazardous materials
to the environment.
(iii) Have a means to control entry to the active
portion of the facility.
(iv) Inform each employee who handles or has
responsibility for managing electronic waste about the
proper handling of and emergency procedures appropriate
to each type of electronic waste handled at the facility.
(v) Remove electronic waste from the site within one
year of the waste's receipt at the site and maintain
records demonstrating compliance with this requirement.
(vi) Maintain the records required under paragraphs
(1) and (2) and subparagraph (v) on site and make the
records available for audit and inspection by the
department for a period of at least three years.
(4) A person operating an electronic waste consolidation
facility may not engage in electronic waste recycling unless
the person is registered as an electronic waste recycling
facility and complies with the requirements of this section
that are applicable to each type of facility.
(5) A person operating an electronic waste consolidation
facility may accept electronic waste in the same manner as an
electronic waste collection site if the person complies with
the requirements of this section that are applicable to
electronic waste collection sites.
(f) Electronic waste recycling facility registration.--
(1) Within 30 days of the effective date of this
20190SB0052PN0025 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
subsection, each person operating an electronic waste
recycling facility in this Commonwealth shall register with
the department on a form and in the manner prescribed by the
department. The registration shall include:
(i) The name, address and telephone number of the
owner and operator of the facility.
(ii) The name, address and telephone number of the
electronic waste recycling facility. A person who
commences the operation of an electronic waste recycling
facility after the effective date of this subsection
shall register with the department at least 30 days prior
to receiving electronic waste. A registration shall be
effective upon acceptance by the department. A
registration required under this paragraph must be
accompanied by a registration fee of $250.
(2) Beginning with the immediately succeeding March 1
after the effective date of this subsection, and each March 1
thereafter, each person operating an electronic waste
recycling facility shall submit to the department an annual
report for the previous calendar year on a form and in a
manner prescribed by the department. Annual reports shall
include the following information:
(i) The quantity, by weight, of electronic waste
received from consumers in this Commonwealth.
(ii) The name and address of each electronic waste
collection site and electronic waste consolidation
facility from which electronic waste was received during
the reporting period, with the quantity, by weight, of
electronic waste received from each person.
(iii) The name and address of each person to whom
20190SB0052PN0025 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
the facility sent electronic waste or component materials
during the reporting period, with the quantity, by
weight, of electronic waste or component materials of
electronic waste sent to each person.
(iv) The weight of electronic waste collected on
behalf of or pursuant to an agreement with each
manufacturer during the reporting period.
(v) A certification by the owner or operator of the
facility that the facility has complied with the
requirements of this act and other laws, rules and
regulations.
(3) Each person operating an electronic waste recycling
facility shall:
(i) Manage and recycle electronic waste in a manner
that complies with applicable Federal, State and local
laws, regulations and ordinances.
(ii) Store electronic waste:
(A) in a fully enclosed building with a roof,
floor and walls; or
(B) in a secure container that is constructed
and maintained to minimize breakage of electronic
waste and to prevent releases of hazardous materials
to the environment.
(iii) Have a means to control entry through gates or
other entrances to the active portion of the facility.
(iv) Inform each employee who handles or has
responsibility for managing electronic waste about proper
handling of and emergency procedures appropriate to each
type of electronic waste handled at the facility.
(v) Remove electronic waste from the site within one
20190SB0052PN0025 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
year of the waste's receipt at the site and maintain
records demonstrating compliance with this requirement.
(vi) Maintain the records required under paragraphs
(1) and (2) and subparagraph (v) on site and make the
records available for audit and inspection by the
department for a period of at least three years.
(4) A person operating an electronic waste recycling
facility may also operate a facility as an electronic waste
consolidation facility if the person complies with the
requirements of this section that are applicable to each type
of facility. If a facility is operated for both purposes,
only one registration fee must be paid.
(5) A person operating an electronic waste recycling
facility may accept electronic waste in the same manner as an
electronic waste collection site if the person complies with
the requirements of this section that are applicable to
electronic waste collection sites.
(6) Except as required under law, a manufacturer or
person operating an electronic waste collection site,
electronic waste consolidation facility or electronic waste
recycling facility shall not have responsibility or liability
for data in any form stored on electronic waste surrendered
for recycling or reuse, except if the person misuses or
knowingly and intentionally, or with gross negligence,
discloses the data. This paragraph shall not prohibit a
person from entering into an agreement that provides for the
destruction of data on covered electronic equipment.
Section 3. Section 305(b)(1), (3) and (6) and (c) of the act
are amended and subsection (b) is amended by adding paragraphs
to read:
20190SB0052PN0025 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Section 305. Manufacturer plan and reporting.
* * *
(b) Contents of plan.--The plan required under subsection
(a) shall include:
(1) [Methods that will be used to collect the covered
devices, including the name and locations of proposed
collection sites.] Methods that will be used for the
collection, handling and recycling or reuse of electronic
waste under section 305.1 in a manner convenient to
consumers. The following acceptance methods shall be
considered reasonably convenient:
(i) mail or ship back return programs;
(ii) collection or acceptance events conducted by
the manufacturer or the manufacturer's agent or designee,
including events conducted through local governments or
private parties;
(iii) fixed acceptance locations such as dedicated
acceptance sites operated by the manufacturer or the
manufacturer's agent or designee;
(iv) agreements with local governments, retail
stores, sales outlets and not-for-profit organizations
which have agreed to provide facilities for the
collection of electronic waste;
(v) community collection events; and
(vi) any combination of the methods under this
paragraph or other acceptance methods which effectively
provide for the acceptance of electronic waste for
recycling or reuse through means that are available and
reasonably convenient to consumers in this Commonwealth.
(1.1) The manufacturer must ensure that all counties of
20190SB0052PN0025 - 12 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
this Commonwealth, and each municipality which has a
population of at least 25,000 have at least one method of
acceptance that is available within the county or
municipality. Each facility should be adequately staffed and
be open during hours convenient for local residents. The
department may establish additional requirements to ensure
convenient collection from consumers.
* * *
(3) [Means that will be utilized to publicize the
collection opportunities, including specification of an
Internet website address or toll-free telephone number that
provides information about the manufacturer's program in
sufficient detail to allow consumers to learn how to return
their covered devices for recycling.] A public education
program to inform consumers about the manufacturer's
electronic waste acceptance program, including:
(i) A publicly accessible Internet website and a
toll-free telephone number and written information
included in the product manual for, or at the time of
sale of, covered electronic equipment that provides
sufficient information to allow a consumer of covered
electronic equipment to learn how to return the covered
equipment for recycling or reuse. For manufacturers of
computers, hard drives and other covered electronic
equipment that have internal memory on which personal or
other confidential data can be stored, the website must
provide instructions for how consumers can destroy the
data before surrendering the products for recycling or
reuse.
(ii) Advertisements and press releases, if any.
20190SB0052PN0025 - 13 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
* * *
(6) For an initial plan submitted by a manufacturer or
group of manufacturers, an estimate of the weight of covered
devices to be collected during the first program year. [The
plan shall also include information demonstrating the process
by which the manufacturer or group of manufacturers will
increase the collection of covered devices by a minimum of 2%
by weight per year beginning with the second full program
year.]
(7) Information on how consumers can destroy data on
electronic waste, through physical destruction of the hard
drive or through data wiping.
(8) Any other information required by the department in
accordance with regulations promulgated under this article.
(c) Reporting by manufacturers.--
(1) Beginning with the immediately succeeding March 1
after the effective date of this paragraph, and each March 1
thereafter, a manufacturer that offers covered electronic
equipment for sale in this Commonwealth shall submit a report
to the department on a form prescribed by the department that
includes the following:
(i) Sales data reported by weight for the
manufacturer's covered devices sold in this Commonwealth
for the previous three calendar years, categorized by
type to the extent known. If the manufacturer cannot
provide accurate Commonwealth sales data, the
manufacturer must explain why the data cannot be provided
and estimate Commonwealth sales data by:
(A) dividing the manufacturer's national sales
data by weight by the national population according
20190SB0052PN0025 - 14 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
to the most recent census and multiplying the result
by the population of this Commonwealth; or
(B) another method approved by the department.
(ii) The quantity, by weight, of electronic waste
collected for recycling or reuse in this Commonwealth,
categorized by the type of covered devices collected
during the reporting period, the methods used to accept
the electronic waste and the approximate weight of
electronic waste accepted by each method used to the
extent known.
(iii) Quantities of electronic waste reported by the
manufacturer must separately include:
(A) The quantity, by weight, of electronic waste
received directly from consumers in this Commonwealth
through a mail back program.
(B) The name and address of each electronic
waste collection site, electronic waste consolidation
facility and electronic waste recycling facility at
which electronic waste from consumers was received on
behalf of the manufacturer during the reporting
period, along with the quantity, by weight, of
electronic waste received.
(C) The name and address of each person to whom
the manufacturer sent electronic waste or component
materials during the reporting period, along with the
quantity, by weight, of electronic waste or component
materials of electronic waste sent to each person.
(iv) The number of electronic waste acceptance
credits purchased, sold, banked and traded during the
reporting period, the number of electronic waste
20190SB0052PN0025 - 15 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
acceptance credits used to meet the requirements of
section 305.1, from whom the credits were purchased and
to whom the credits were sold or traded and the number of
electronic waste acceptance credits retained as of the
date of the report.
(v) The amount of each recycling surcharge owed for
the reporting period, with sufficient information to
demonstrate the basis for calculation of the surcharge.
(vi) Each name and location of electronic waste
recycling facilities utilized by the manufacturer and
entities to which electronic waste is sent for reuse,
inside or outside of this Commonwealth, including details
on the methods of recycling or reuse of electronic waste,
any disassembly or physical recovery operation used and
the environmental management measures implemented by the
recycling facility or entity.
(vii) Information detailing the acceptance methods
made available to consumers in municipalities which have
a population greater than 25,000 and in each county of
this Commonwealth to meet the requirements of subsection
(b)(1).
(viii) A brief description of the manufacturer's
public education program, including the number of visits
to the publicly accessible Internet website and calls to
the toll-free telephone number provided by the
manufacturer.
(ix) Any other information as required by the
department.
(x) A signature by an officer, director or other
individual affirming the accuracy of the report.
20190SB0052PN0025 - 16 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) The department may require annual reports to be
filed electronically.
[(1)] (3) (i) In addition to reporting all brands under
which its covered devices are offered for sale,
regardless of whether the manufacturer owns or licenses
the brand, the manufacturer's annual report to the
department shall include an estimate of the total weight
of its covered devices sold to households during the
previous year calculated by multiplying the weight of its
covered devices sold nationally times the quotient of
this Commonwealth's population divided by the national
population.
(ii) The report required under this paragraph shall
be submitted to the department upon initial registration
and then by January 30 each year thereafter.
[(2)] (4) When a manufacturer or group of manufacturers
conducts its own collection, transportation and recycling
program for covered devices, the manufacturer or group of
manufacturers shall submit a report to the department
annually by January 30, beginning the year after the program
is initiated. The report shall consist of the total weight of
covered devices collected from consumers in this Commonwealth
by the manufacturer or group of manufacturers during the
previous year and documentation verifying collection and
recycling of the devices.
* * *
Section 4. The act is amended by adding a section to read:
Section 305.1. Manufacturer collection.
(a) Acceptance of covered devices.--On and after the
effective date of this section, a manufacturer of covered
20190SB0052PN0025 - 17 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
devices must accept for collection, handling and recycling or
reuse:
(1) Electronic waste for which the electronic waste is
provided by the manufacturer. The electronic waste shall
count toward the amount of electronic waste required to be
accepted under this section.
(2) One piece of electronic waste of any manufacturer's
brand if offered by a consumer as part of a transaction to
purchase a covered device of the same type. The electronic
waste shall count toward the amount of the electronic waste
required to be accepted under this section.
(3) Orphan products in an amount equivalent to the
manufacturer's market share of each orphan product presented
for collection, as determined under subsection (d)(2).
(b) Acceptance of standard.--On and after the effective date
of this section, each manufacturer must accept for collection,
handling and recycling or reuse the manufacturer's acceptance
standard under subsection (d).
(c) Statewide recycling or reuse goal.--
(1) For the first calendar year beginning after the
effective date of this section, the Statewide recycling or
reuse goal for electronic waste shall be the product of the
latest population estimate for this Commonwealth, as
published by the United States Census Bureau, multiplied by
three pounds.
(2) For the second calendar year beginning after the
effective date of this section, the Statewide recycling or
reuse goal for electronic waste shall be the product of the
latest population estimate for this Commonwealth, as
published by the United States Census Bureau, multiplied by
20190SB0052PN0025 - 18 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
four pounds.
(3) For the third calendar year beginning after the
effective date of this section, the Statewide recycling or
reuse goal for electronic waste shall be the product of the
latest population estimate for this Commonwealth, as
published by the United States Census Bureau, multiplied by
five pounds.
(4) For the fourth calendar year beginning after the
effective date and annually thereafter, the Statewide
recycling or reuse goal for electronic waste shall be the
product of the base weight multiplied by the goal attainment
percentage. For the purposes of this paragraph, the term
"base weight" means the greater of:
(i) the average weight of electronic waste collected
for recycling or reuse during the previous three calendar
years as reported to the department under section 305(c)
(1); or
(ii) the three-year average of the sum of
electronic waste collected for recycling or reuse during
the previous three calendar years based on information
reported to the department under section 304(d), (e) and
(f).
(5) For the purposes of this subsection, the term "goal
attainment percentage" means:
(i) Ninety percent if the base weight is less than
90% of the Statewide recycling or reuse goal for the
previous calendar year.
(ii) Ninety-five percent if the base weight is at
least 90% but does not equal 95% of the Statewide
recycling or reuse goal for the previous calendar year.
20190SB0052PN0025 - 19 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(iii) One hundred percent if the base weight is at
least 95% but does not equal 105% of the Statewide
recycling or reuse goal for the previous calendar year.
(iv) One hundred five percent if the base weight is
at least 105% but does not equal 110% of the Statewide
recycling or reuse goal for the previous calendar year.
(v) One hundred ten percent if the base weight is at
least 110% of the Statewide recycling or reuse goal for
the previous calendar year.
(d) Manufacturer acceptance standard.--
(1) Calculated annually, each manufacturer's acceptance
standard shall be the product of the Statewide recycling or
reuse goal under subsection (c)(1), (2), (3) or (4), as
appropriate, multiplied by the manufacturer's market share
under subsection (e).
(2) Each manufacturer's market share and orphan product
share of electronic waste shall be determined by the
department based on the manufacturer's percentage share of
the total weight of covered electronic equipment sold as
determined by the best available information, including
Commonwealth sales data reported by weight. On an annual
basis, the department shall provide each manufacturer with a
determination of the manufacturer's market share and orphan
product share of electronic waste which shall be the quotient
of the total weight of the manufacturer's covered electronic
equipment sold to persons in this Commonwealth based on the
average annual retail sales during the preceding three
calendar years, as reported under sections 304(a)(3) and
305(c) divided by the total weight of each manufacturer
covered electronic equipment sold to persons in this
20190SB0052PN0025 - 20 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Commonwealth based on the average annual retail sales during
the preceding three calendar years, as reported under
sections 304(a)(3) and 305(c).
(e) Recycling surcharge.--Beginning in the third calendar
year after the effective date of this section, a manufacturer
that fails to meet its manufacturer's acceptance standard for
the previous calendar year under subsection (d) shall be subject
to a recycling surcharge, determined as follows:
(1) If a manufacturer accepts at least 90% but less than
100% of its manufacturer's acceptance standard under
subsection (d), the recycling surcharge shall be 30¢
multiplied by the number of additional pounds of electronic
waste that should have been accepted by the manufacturer.
(2) If a manufacturer accepts at least 50% but less than
90% of its manufacturer's acceptance standard under
subsection (d), the recycling surcharge shall be 40¢
multiplied by the number of additional pounds of electronic
waste that should have been accepted by the manufacturer.
(3) If a manufacturer accepts less than 50% of its
manufacturer's acceptance standard under subsection (d), the
surcharge shall be 50¢ multiplied by the number of additional
pounds of electronic waste that should have been accepted by
the manufacturer.
(f) Payment.--The recycling surcharge shall be paid to the
department with the annual report required under section 305(c).
(g) Electronic waste acceptance credits.--Beginning with the
fourth calendar year after the effective date of this section,
if a manufacturer accepts more than its manufacturer's
acceptance standard under subsection (d), the excess weight may
be used as electronic waste acceptance credits and may be sold,
20190SB0052PN0025 - 21 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
traded or banked for a period no longer than three calendar
years after the year in which the credits were earned. No more
than 25% of a manufacturer's obligation for a calendar year may
be met with recycling credits generated in a prior calendar
year.
Section 5. Section 306 of the act is amended to read:
Section 306. Retailer responsibility.
(a) Public notice.--A retailer shall notify customers about
the manner in which to recycle a covered device and of the
locations for the collection and return of covered devices. This
notification shall occur either by posting the information
within the retail location, by providing the department's toll-
free telephone number, a publicly accessible Internet website or
both or by providing retailer-developed information.
(b) Compliance.--A retailer shall comply with sections
302(a) and (c) and 303.
(c) Additional responsibilities.--
(1) A manufacturer shall maintain records demonstrating
compliance with this act and make the records available for
audit and inspection by the department for a period of at
least three years.
(2) The following shall apply:
(i) A manufacturer shall be responsible for each
cost associated with the implementation of the electronic
waste acceptance program.
(ii) A manufacturer may not charge consumers for the
collection, handling and recycling and reuse of
electronic waste, except for a charge on business
consumers or a charge for premium services. This
subparagraph shall not apply to a manufacturer's contract
20190SB0052PN0025 - 22 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
with a consumer for the collection, handling, recycling
or reuse of electronic waste that was entered into prior
to the effective date of this subparagraph.
(d) 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:
"Business consumer." A for-profit entity which has at least
50 full-time employees or a not-for-profit corporation with at
least 75 full-time employees. The term shall not include a not-
for-profit corporation designated under section 501(c)(3) of the
Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
501(c)(3)).
"Premium services." Equipment and data security services,
refurbishment for reuse by the consumer and other custom
services as may be determined by the department.
Section 6. Section 501 of the act is amended by adding a
paragraph to read:
Section 501. Duties of department.
The department shall:
* * *
(6) Determine the market share and orphan product share
for each registered manufacturer.
Section 7. This act shall take effect in 60 days.
20190SB0052PN0025 - 23 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23