Bill Text: NY A09049 | 2009-2010 | General Assembly | Introduced
Bill Title: Relates to establishing the recycling, reuse and safe handling of electronic equipment sold in the state of New York.
Spectrum: Moderate Partisan Bill (Democrat 33-4)
Status: (Engrossed - Dead) 2010-06-09 - starred on calendar [A09049 Detail]
Download: New_York-2009-A09049-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9049
2009-2010 Regular Sessions
I N A S S E M B L Y
June 22, 2009
___________
Introduced by M. of A. SWEENEY, WEISENBERG, KAVANAGH, DINOWITZ, GOTT-
FRIED, MILLMAN, CAHILL, LAVINE, BENEDETTO, JAFFEE, SCHIMEL, ALFANO,
FIELDS, FARRELL, ROSENTHAL, ENGLEBRIGHT, McENENY, PERALTA, PAULIN,
GALEF -- Multi-Sponsored by -- M. of A. BARRA, BING, BRENNAN, CONTE,
DESTITO, GLICK, KELLNER, KOON, LUPARDO, PHEFFER, STIRPE, TITUS, WEIN-
STEIN -- (at request of the Governor) -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
recycling, reuse and safe handling of electronic equipment sold in the
state of New York
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "electronic equipment recycling and reuse act".
3 S 2. Article 27 of the environmental conservation law is amended by
4 adding a new title 26 to read as follows:
5 TITLE 26
6 ELECTRONIC EQUIPMENT RECYCLING AND REUSE
7 SECTION 27-2601. DEFINITIONS.
8 27-2603. MANUFACTURER COLLECTION; RECYCLING SURCHARGE.
9 27-2605. MANUFACTURER ELECTRONIC WASTE REGISTRATION AND RESPON-
10 SIBILITIES.
11 27-2607. RETAILER REQUIREMENTS.
12 27-2609. LABELING.
13 27-2611. DISPOSAL BAN.
14 27-2613. ELECTRONIC WASTE COLLECTION, CONSOLIDATION AND RECYCL-
15 ING.
16 27-2615. DEPARTMENT RESPONSIBILITIES.
17 27-2617. REPORTING REQUIREMENTS.
18 27-2619. PREEMPTION.
19 27-2621. DISPOSITION OF FEES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A LBD12115-04-9
A. 9049 2
1 S 27-2601. DEFINITIONS.
2 AS USED IN THIS TITLE:
3 1. "CATHODE RAY TUBE" MEANS A VACUUM TUBE OR PICTURE TUBE USED TO
4 CONVERT AN ELECTRONIC SIGNAL INTO A VISUAL IMAGE.
5 2. "COMPUTER" MEANS AN ELECTRONIC, MAGNETIC, OPTICAL, ELECTROCHEMICAL
6 OR OTHER HIGH-SPEED DATA PROCESSING DEVICE PERFORMING A LOGICAL, ARITH-
7 METIC OR STORAGE FUNCTION, INCLUDING A LAPTOP COMPUTER AND DESKTOP
8 COMPUTER, AND INCLUDES ANY CABLE, CORD, OR WIRING PERMANENTLY AFFIXED TO
9 OR INCORPORATED INTO SUCH PRODUCT, AND MAY INCLUDE BOTH A COMPUTER
10 CENTRAL PROCESSING UNIT AND A MONITOR; BUT SUCH TERM SHALL NOT INCLUDE
11 AN AUTOMATED TYPEWRITER OR TYPESETTER, A PORTABLE HAND-HELD CALCULATOR,
12 A PORTABLE DIGITAL ASSISTANT, OR OTHER SIMILAR DEVICE.
13 3. "COMPUTER PERIPHERAL" MEANS A MONITOR; ELECTRONIC KEYBOARD; ELEC-
14 TRONIC MOUSE OR SIMILAR POINTING DEVICE; FACSIMILE MACHINE, DOCUMENT
15 SCANNER, OR PRINTER INTENDED FOR USE WITH A COMPUTER; AND INCLUDES ANY
16 CABLE, CORD, OR WIRING PERMANENTLY AFFIXED TO OR INCORPORATED INTO ANY
17 SUCH PRODUCT.
18 4. "CONSUMER" MEANS A PERSON LOCATED IN THE STATE WHO OWNS OR USES
19 COVERED ELECTRONIC EQUIPMENT, INCLUDING BUT NOT LIMITED TO AN INDIVID-
20 UAL, A BUSINESS, CORPORATION, LIMITED PARTNERSHIP, NOT-FOR-PROFIT ORGAN-
21 IZATION, OR GOVERNMENTAL ENTITY, BUT DOES NOT INCLUDE AN ENTITY INVOLVED
22 IN A WHOLESALE TRANSACTION BETWEEN A DISTRIBUTOR AND RETAILER.
23 5. "COVERED ELECTRONIC EQUIPMENT" MEANS: A COMPUTER; COMPUTER PERIPH-
24 ERAL; SMALL ELECTRONIC EQUIPMENT; CATHODE RAY TUBE; CATHODE RAY TUBE
25 DEVICE; OR TELEVISION, AS DEFINED IN THIS SECTION. "COVERED ELECTRONIC
26 EQUIPMENT" DOES NOT INCLUDE ANY MOTOR VEHICLE OR ANY PART THEREOF;
27 CAMERA OR VIDEO CAMERA; PORTABLE OR STATIONARY RADIO; WIRELESS TELE-
28 PHONE; HOUSEHOLD APPLIANCES SUCH AS CLOTHES WASHERS, CLOTHES DRYERS,
29 REFRIGERATORS, FREEZERS, MICROWAVE OVENS, OVENS, RANGES OR DISHWASHERS;
30 EQUIPMENT THAT IS FUNCTIONALLY OR PHYSICALLY PART OF A LARGER PIECE OF
31 EQUIPMENT INTENDED FOR USE IN AN INDUSTRIAL, RESEARCH AND DEVELOPMENT OR
32 COMMERCIAL SETTING; SECURITY OR ANTI-TERRORISM EQUIPMENT; MONITORING AND
33 CONTROL INSTRUMENT OR SYSTEM; THERMOSTAT; HAND-HELD TRANSCEIVER; TELE-
34 PHONE OF ANY TYPE; PORTABLE DIGITAL ASSISTANT OR SIMILAR DEVICE; CALCU-
35 LATOR; GLOBAL POSITIONING SYSTEM (GPS) RECEIVER OR SIMILAR NAVIGATION
36 DEVICE; COMMERCIAL MEDICAL EQUIPMENT THAT CONTAINS WITHIN IT A CATHODE
37 RAY TUBE, A CATHODE RAY TUBE DEVICE, A FLAT PANEL DISPLAY OR SIMILAR
38 VIDEO DISPLAY DEVICE, AND IS NOT SEPARATE FROM THE LARGER PIECE OF
39 EQUIPMENT; OR OTHER MEDICAL DEVICES AS THAT TERM IS DEFINED UNDER THE
40 FEDERAL FOOD, DRUG AND COSMETIC ACT.
41 6. "ELECTRONIC RECYCLER" MEANS A PERSON WHO ENGAGES IN THE RECYCLING
42 OF ELECTRONIC WASTE.
43 7. "ELECTRONIC WASTE" MEANS COVERED ELECTRONIC EQUIPMENT THAT HAS BEEN
44 DISCARDED OR IS NO LONGER WANTED BY ITS OWNER, OR FOR ANY OTHER REASON
45 ENTERS THE WASTE COLLECTION, RECOVERY, TREATMENT, PROCESSING, OR RECYCL-
46 ING SYSTEM. FOR PURPOSES OF SECTION 27-2611 OF THIS TITLE, "ELECTRONIC
47 WASTE" DOES NOT INCLUDE THE CASE, SHELL, OR OTHER ENCLOSURE OF COVERED
48 ELECTRONIC EQUIPMENT FROM WHICH INCORPORATED ASSEMBLIES, SUB-ASSEMBLIES,
49 COMPONENTS, MATERIALS, WIRING, CIRCUITRY AND COMMODITIES HAVE BEEN
50 REMOVED.
51 8. "ELECTRONIC WASTE COLLECTION SITE" MEANS A FACILITY AT A FIXED OR
52 TEMPORARY SITE AT WHICH ELECTRONIC WASTE IS ACCEPTED FROM CONSUMERS AND
53 TEMPORARILY STORED FOR NOT MORE THAN FIVE DAYS IN A CALENDAR YEAR BEFORE
54 SUCH WASTE IS TRANSPORTED TO AN ELECTRONIC WASTE CONSOLIDATION FACILITY
55 OR ELECTRONIC WASTE RECYCLING FACILITY. ELECTRONIC WASTE COLLECTION
56 SITES INCLUDE, BUT ARE NOT LIMITED TO, DEDICATED SITES AND FACILITIES
A. 9049 3
1 FOR THE ACCEPTANCE OF ELECTRONIC WASTE, AND RETAIL STORES AND OUTLETS,
2 MUNICIPAL OR PRIVATE ELECTRONIC WASTE COLLECTION SITES AND NOT-FOR-PRO-
3 FIT DONATION SITES THAT HAVE AGREED TO ACCEPT ELECTRONIC WASTE.
4 9. "ELECTRONIC WASTE CONSOLIDATION FACILITY" MEANS A FACILITY THAT
5 RECEIVES AND STORES ELECTRONIC WASTE FOR THE PURPOSE OF ORGANIZING,
6 CATEGORIZING OR CONSOLIDATING ITEMS OF ELECTRONIC WASTE BEFORE SUCH
7 WASTE IS TRANSPORTED TO AN ELECTRONIC WASTE RECYCLING FACILITY. ELEC-
8 TRONIC WASTE CONSOLIDATION FACILITIES INCLUDE, BUT ARE NOT LIMITED TO,
9 FACILITIES OF BROKERS ACTING AS INTERMEDIARIES BETWEEN ELECTRONIC WASTE
10 BUYERS AND SELLERS, AND REGIONAL CENTERS AT WHICH ELECTRONIC WASTE IS
11 ORGANIZED, CATEGORIZED OR CONSOLIDATED AFTER BEING TRANSPORTED TO SUCH
12 CENTERS FROM ELECTRONIC WASTE COLLECTION SITES OR OTHER ELECTRONIC WASTE
13 CONSOLIDATION FACILITIES.
14 10. "ELECTRONIC WASTE RECYCLING FACILITY" MEANS A FACILITY AT WHICH
15 ELECTRONIC WASTE IS RECYCLED.
16 11. "LABEL" MEANS A MARKER ON THE SURFACE OF COVERED ELECTRONIC EQUIP-
17 MENT CONVEYING INFORMATION; FOR THE PURPOSES OF THIS TITLE, LABELS MUST
18 BE PERMANENT AND CAN BE ATTACHED, PRINTED, ENGRAVED OR INCORPORATED IN
19 ANY OTHER PERMANENT WAY THAT IS OBVIOUS AND VISIBLE TO USERS OF THE
20 PRODUCT.
21 12. "MANUFACTURER" MEANS A PERSON WHO: (A) ASSEMBLES OR SUBSTANTIALLY
22 ASSEMBLES COVERED ELECTRONIC EQUIPMENT FOR SALE IN THE STATE; (B) MANU-
23 FACTURES COVERED ELECTRONIC EQUIPMENT UNDER ITS OWN BRAND NAME OR UNDER
24 ANY OTHER BRAND NAME FOR SALE IN THE STATE; (C) SELLS, UNDER ITS OWN
25 BRAND NAME, COVERED ELECTRONIC EQUIPMENT SOLD IN THE STATE; (D) OWNS A
26 BRAND NAME THAT IT LICENSES TO ANOTHER PERSON FOR USE ON COVERED ELEC-
27 TRONIC EQUIPMENT SOLD IN THE STATE; (E) IMPORTS COVERED ELECTRONIC
28 EQUIPMENT FOR SALE IN THE STATE; OR (F) MANUFACTURES COVERED ELECTRONIC
29 EQUIPMENT FOR SALE IN THE STATE WITHOUT AFFIXING A BRAND NAME. "MANUFAC-
30 TURER" DOES NOT MEAN A PERSON WHO ASSEMBLES OR SUBSTANTIALLY ASSEMBLES,
31 AND SELLS LESS THAN ONE THOUSAND UNITS OF COVERED ELECTRONIC EQUIPMENT
32 ANNUALLY IN THIS STATE, OR WHOSE PRIMARY BUSINESS IS THE SALE OF COVERED
33 ELECTRONIC EQUIPMENT WHICH IS COMPRISED PRIMARILY OF REBUILT, REFUR-
34 BISHED OR USED COMPONENTS. IF MORE THAN ONE PERSON IS A MANUFACTURER OF
35 A BRAND OF COVERED ELECTRONIC EQUIPMENT, ANY SUCH PERSON MAY ASSUME
36 RESPONSIBILITY FOR OBLIGATIONS OF A MANUFACTURER OF THAT BRAND UNDER
37 THIS TITLE. IF NONE OF THOSE PERSONS ASSUMES RESPONSIBILITY FOR THE
38 OBLIGATIONS OF A MANUFACTURER UNDER THIS TITLE, ANY AND ALL SUCH PERSONS
39 JOINTLY AND SEVERALLY MAY BE CONSIDERED TO BE THE RESPONSIBLE MANUFAC-
40 TURER OF THAT BRAND FOR PURPOSES OF THIS TITLE.
41 13. "MANUFACTURER'S BRANDS" MEANS A MANUFACTURER'S NAME, BRAND NAME OR
42 BRAND LABEL, AND ALL MANUFACTURER'S NAMES, BRAND NAMES AND BRAND LABELS
43 FOR WHICH THE MANUFACTURER HAS A LEGAL RIGHT OR INTEREST, INCLUDING
44 THOSE NAMES, BRAND NAMES, AND BRAND LABELS OF COMPANIES THAT HAVE BEEN
45 ACQUIRED BY THE MANUFACTURER OR IN WHICH THE MANUFACTURER ASSERTS A
46 LEGAL INTEREST SUCH AS TRADEMARK, LICENSE, SERVICE MARK, OR PATENT.
47 14. "MONITOR" MEANS A SEPARATE VISUAL DISPLAY COMPONENT OF A COMPUTER,
48 WHETHER SOLD SEPARATELY OR TOGETHER WITH A COMPUTER CENTRAL PROCESSING
49 UNIT, AND INCLUDES A CATHODE RAY TUBE, LIQUID CRYSTAL DISPLAY, GAS PLAS-
50 MA, DIGITAL LIGHT PROCESSING OR OTHER IMAGE PROJECTION TECHNOLOGY,
51 GREATER THAN FOUR INCHES WHEN MEASURED DIAGONALLY, AND ITS CASE, INTERI-
52 OR WIRES AND CIRCUITRY, AND ANY CABLE CORD OR WIRING PERMANENTLY AFFIXED
53 THERETO OR INCORPORATED INTO SUCH PRODUCT.
54 15. "PERSON" MEANS ANY INDIVIDUAL, BUSINESS ENTITY, PARTNERSHIP,
55 COMPANY, CORPORATION, NOT-FOR-PROFIT CORPORATION, ASSOCIATION, GOVERN-
56 MENTAL ENTITY, PUBLIC BENEFIT CORPORATION, PUBLIC AUTHORITY, FIRM,
A. 9049 4
1 ORGANIZATION, OR ANY OTHER GROUP OF INDIVIDUALS, OR ANY OFFICER OR
2 EMPLOYEE OR AGENT THEREOF.
3 16. "RECYCLE" MEANS TO SEPARATE, DISMANTLE OR PROCESS THE MATERIALS,
4 COMPONENTS OR COMMODITIES CONTAINED IN ELECTRONIC WASTE FOR THE PURPOSE
5 OF PREPARING THE MATERIALS, COMPONENTS OR COMMODITIES FOR USE OR REUSE
6 IN NEW PRODUCTS OR COMPONENTS THEREOF, BUT NOT FOR ENERGY RECOVERY OR
7 ENERGY GENERATION BY MEANS OF COMBUSTION, GASIFICATION, PYROLYSIS OR
8 OTHER MEANS. RECYCLING INCLUDES THE MANUAL AND MECHANICAL SEPARATION OF
9 ELECTRONIC WASTE TO RECOVER MATERIALS, COMPONENTS OR COMMODITIES
10 CONTAINED THEREIN FOR THE PURPOSE OF REUSE OR RECYCLING, AND CHANGING
11 THE PHYSICAL OR CHEMICAL COMPOSITION OF ELECTRONIC WASTE TO SEGREGATE
12 COMPONENTS FOR PURPOSES OF RECYCLING THOSE COMPONENTS.
13 17. "RETAILER" MEANS A PERSON WHO SELLS COVERED ELECTRONIC EQUIPMENT
14 TO A PERSON IN THE STATE THROUGH ANY MEANS, INCLUDING, BUT NOT LIMITED
15 TO, TRANSACTIONS CONDUCTED THROUGH RETAIL SALES OUTLETS, MAIL, CATALOGS,
16 THE TELEPHONE OR THE INTERNET, OR ANY ELECTRONIC MEANS. "RETAILER" DOES
17 NOT INCLUDE A PERSON WHO SELLS OR OFFERS FOR SALE FEWER THAN TEN ITEMS
18 OF COVERED ELECTRONIC EQUIPMENT DURING A CALENDAR YEAR.
19 18. "REUSE" MEANS THE USE OF ELECTRONIC WASTE THAT IS TESTED AND
20 CERTIFIED TO BE IN GOOD WORKING ORDER AND WHICH WAS REMOVED FROM THE
21 WASTE STREAM FOR USE FOR THE SAME PURPOSE FOR WHICH IT WAS MANUFACTURED,
22 INCLUDING THE CONTINUED USE OF WHOLE SYSTEMS OR COMPONENTS.
23 19. "SELL" OR "SALE" MEANS ANY TRANSFER FOR CONSIDERATION OF TITLE OR
24 THE RIGHT TO USE, FROM A MANUFACTURER OR RETAILER TO A PERSON, INCLUD-
25 ING, BUT NOT LIMITED TO, TRANSACTIONS CONDUCTED THROUGH RETAIL SALES
26 OUTLETS, CATALOGS, MAIL, THE TELEPHONE, THE INTERNET, OR ANY ELECTRONIC
27 MEANS; THIS INCLUDES TRANSFER OF NEW PRODUCTS OR USED PRODUCTS THAT MAY
28 HAVE BEEN REFURBISHED BY THEIR MANUFACTURER OR MANUFACTURER-APPROVED
29 PARTY AND THAT ARE OFFERED FOR SALE BY A MANUFACTURER OR RETAILER, BUT
30 DOES NOT INCLUDE CONSUMER-TO-CONSUMER SECOND-HAND TRANSFER. "SELL OR
31 SALE" DOES NOT INCLUDE: (A) THE TRANSFER OF USED COVERED ELECTRONIC
32 EQUIPMENT OR A LEASE OF COVERED ELECTRONIC EQUIPMENT; OR (B) WHOLESALE
33 TRANSACTIONS AMONG A MANUFACTURER, WHOLESALER AND RETAILER.
34 20. "SMALL ELECTRONIC EQUIPMENT" MEANS ANY PORTABLE DIGITAL MUSIC
35 PLAYER THAT HAS MEMORY CAPABILITY AND IS BATTERY-POWERED, VIDEO CASSETTE
36 RECORDER, A DIGITAL VIDEO DISC PLAYER, DIGITAL VIDEO RECORDER, DIGITAL
37 CONVERTER BOX, CABLE OR SATELLITE RECEIVER, OR ELECTRONIC OR VIDEO GAME
38 CONSOLE, AND INCLUDES ANY CABLE, CORD, OR WIRING PERMANENTLY AFFIXED TO
39 OR INCORPORATED INTO ANY SUCH PRODUCT.
40 21. "TELEVISION" MEANS A DISPLAY SYSTEM CONTAINING A CATHODE RAY TUBE
41 OR ANY OTHER TYPE OF DISPLAY PRIMARILY INTENDED TO RECEIVE VIDEO
42 PROGRAMMING VIA BROADCAST, CABLE OR SATELLITE TRANSMISSION, HAVING A
43 VIEWABLE AREA GREATER THAN FOUR INCHES WHEN MEASURED DIAGONALLY.
44 S 27-2603. MANUFACTURER COLLECTION; RECYCLING SURCHARGE.
45 1. BEGINNING JULY FIRST, TWO THOUSAND TEN, A MANUFACTURER OF COVERED
46 ELECTRONIC EQUIPMENT MUST ACCEPT FOR COLLECTION, HANDLING AND RECYCLING
47 OR REUSE ELECTRONIC WASTE FOR WHICH IT IS THE MANUFACTURER AND ONE PIECE
48 OF ELECTRONIC WASTE OF ANY MANUFACTURER'S BRAND, WITH THE PURCHASE OF
49 COVERED ELECTRONIC EQUIPMENT OF THE SAME TYPE BY A CONSUMER. SUCH WASTE
50 SHALL COUNT TOWARD THE AMOUNT OF ELECTRONIC WASTE REQUIRED TO BE
51 ACCEPTED PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.
52 2. BEGINNING JULY FIRST, TWO THOUSAND TEN, EACH MANUFACTURER MUST
53 ACCEPT FOR COLLECTION, HANDLING AND RECYCLING OR REUSE THE MANUFACTUR-
54 ER'S ACCEPTANCE STANDARD AS SPECIFIED IN SUBDIVISION FOUR OF THIS
55 SECTION.
A. 9049 5
1 3. STATEWIDE RECYCLING OR REUSE GOAL. (A) FOR THE PERIOD FROM JULY
2 FIRST, TWO THOUSAND TEN THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND TEN,
3 THE STATEWIDE RECYCLING OR REUSE GOAL FOR ELECTRONIC WASTE SHALL BE THE
4 PRODUCT OF THE LATEST POPULATION ESTIMATE FOR THE STATE, AS PUBLISHED BY
5 THE U.S. CENSUS BUREAU ON JANUARY FIRST, TWO THOUSAND TEN MULTIPLIED BY
6 THREE POUNDS MULTIPLIED BY ONE-HALF.
7 (B) FOR CALENDAR YEAR TWO THOUSAND ELEVEN, THE STATEWIDE RECYCLING OR
8 REUSE GOAL FOR ALL ELECTRONIC WASTE SHALL BE THE PRODUCT OF THE LATEST
9 POPULATION ESTIMATE, AS PUBLISHED BY THE U.S. CENSUS BUREAU MULTIPLIED
10 BY FOUR POUNDS.
11 (C) FOR CALENDAR YEAR TWO THOUSAND TWELVE, THE STATEWIDE RECYCLING OR
12 REUSE GOAL FOR ALL ELECTRONIC WASTE SHALL BE THE PRODUCT OF THE LATEST
13 POPULATION ESTIMATE, AS PUBLISHED BY THE U.S. CENSUS BUREAU MULTIPLIED
14 BY FIVE POUNDS.
15 (D) FOR CALENDAR YEAR TWO THOUSAND THIRTEEN AND ANNUALLY THEREAFTER,
16 THE STATEWIDE RECYCLING OR REUSE GOAL FOR ALL ELECTRONIC WASTE IS THE
17 PRODUCT OF THE BASE WEIGHT MULTIPLIED BY THE GOAL ATTAINMENT PERCENTAGE.
18 FOR THE PURPOSES OF THIS PARAGRAPH, "BASE WEIGHT" MEANS THE GREATER OF:
19 (I) THE AVERAGE WEIGHT OF ALL ELECTRONIC WASTE COLLECTED FOR RECYCLING
20 OR REUSE DURING THE PREVIOUS THREE CALENDAR YEARS AS REPORTED TO THE
21 DEPARTMENT PURSUANT TO PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION
22 27-2617 OF THIS TITLE; OR (II) THE THREE YEAR AVERAGE OF THE SUM OF ALL
23 ELECTRONIC WASTE COLLECTED FOR RECYCLING OR REUSE DURING THE PREVIOUS
24 THREE CALENDAR YEARS AS REPORTED TO THE DEPARTMENT PURSUANT TO PARAGRAPH
25 (B) OF SUBDIVISION ONE, PARAGRAPH (B) OF SUBDIVISION TWO AND PARAGRAPH
26 (B) OF SUBDIVISION THREE OF SECTION 27-2613 OF THIS TITLE.
27 (E) THE "GOAL ATTAINMENT PERCENTAGE" MEANS:
28 (I) NINETY PERCENT IF THE BASE WEIGHT IS LESS THAN NINETY PERCENT OF
29 THE STATEWIDE RECYCLING OR REUSE GOAL FOR THE PREVIOUS CALENDAR YEAR;
30 (II) NINETY-FIVE PERCENT IF THE BASE WEIGHT IS NINETY PERCENT OR
31 GREATER, BUT DOES NOT EXCEED NINETY-FIVE PERCENT OF THE STATEWIDE RECY-
32 CLING OR REUSE GOAL FOR THE PREVIOUS CALENDAR YEAR;
33 (III) ONE HUNDRED PERCENT IF THE BASE WEIGHT IS NINETY-FIVE PERCENT OR
34 GREATER, BUT DOES NOT EXCEED ONE HUNDRED FIVE PERCENT OF THE STATEWIDE
35 RECYCLING OR REUSE GOAL FOR THE PREVIOUS CALENDAR YEAR;
36 (IV) ONE HUNDRED FIVE PERCENT IF THE BASE WEIGHT IS ONE HUNDRED FIVE
37 PERCENT OR GREATER, BUT DOES NOT EXCEED ONE HUNDRED TEN PERCENT OF THE
38 STATEWIDE RECYCLING OR REUSE GOAL FOR THE PREVIOUS CALENDAR YEAR; AND
39 (V) ONE HUNDRED TEN PERCENT IF THE BASE WEIGHT IS ONE HUNDRED TEN
40 PERCENT OR GREATER OF THE STATEWIDE RECYCLING OR REUSE GOAL FOR THE
41 PREVIOUS CALENDAR YEAR.
42 4. MANUFACTURER ACCEPTANCE STANDARD. (A) FOR CALENDAR YEAR TWO THOU-
43 SAND TEN, EACH MANUFACTURER'S ACCEPTANCE STANDARD IS THE PRODUCT OF THE
44 STATEWIDE RECYCLING OR REUSE GOAL UNDER PARAGRAPH (A) OF SUBDIVISION
45 THREE OF THIS SECTION MULTIPLIED BY THAT MANUFACTURER'S MARKET SHARE AS
46 DETERMINED BY THE DEPARTMENT PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVI-
47 SION.
48 (B) FOR CALENDAR YEAR TWO THOUSAND ELEVEN AND ANNUALLY THEREAFTER,
49 EACH MANUFACTURER'S ACCEPTANCE STANDARD IS THE PRODUCT OF THE STATEWIDE
50 RECYCLING OR REUSE GOAL UNDER PARAGRAPH (B), (C) OR (D) OF SUBDIVISION
51 THREE OF THIS SECTION AS APPROPRIATE MULTIPLIED BY THAT MANUFACTURER'S
52 MARKET SHARE PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.
53 (C) EACH MANUFACTURER'S MARKET SHARE OF ELECTRONIC WASTE SHALL BE
54 DETERMINED BY THE DEPARTMENT BASED ON THE MANUFACTURER'S PERCENTAGE
55 SHARE OF THE TOTAL WEIGHT OF COVERED ELECTRONIC EQUIPMENT SOLD AS DETER-
56 MINED BY THE BEST AVAILABLE INFORMATION, INCLUDING, BUT NOT LIMITED TO,
A. 9049 6
1 STATE SALES DATA REPORTED BY WEIGHT. BEGINNING JULY FIRST, TWO THOUSAND
2 TEN, AND EVERY YEAR THEREAFTER, THE DEPARTMENT SHALL PROVIDE EACH
3 MANUFACTURER WITH A DETERMINATION OF ITS MARKET SHARE OF ELECTRONIC
4 WASTE WHICH SHALL BE THE QUOTIENT OF THE TOTAL WEIGHT OF THE MANUFACTUR-
5 ER'S COVERED ELECTRONIC EQUIPMENT SOLD TO PERSONS IN THIS STATE BASED ON
6 THE AVERAGE ANNUAL RETAIL SALES DURING THE PRECEDING THREE CALENDAR
7 YEARS, AS REPORTED UNDER SECTION 27-2617 OF THIS TITLE DIVIDED BY THE
8 TOTAL WEIGHT OF ALL MANUFACTURERS COVERED ELECTRONIC EQUIPMENT SOLD TO
9 PERSONS IN THIS STATE BASED ON THE AVERAGE ANNUAL RETAIL SALES DURING
10 THE PRECEDING THREE CALENDAR YEARS, AS REPORTED UNDER SECTION 27-2617 OF
11 THIS TITLE.
12 5. IN THE ABSENCE OF A WAIVER BY THE DEPARTMENT PURSUANT TO SUBDIVI-
13 SION THREE OF SECTION 27-2615 OF THIS TITLE, BEGINNING IN CALENDAR YEAR
14 TWO THOUSAND TWELVE, A MANUFACTURER THAT FAILS TO MEET ITS MANUFACTUR-
15 ER'S ACCEPTANCE STANDARD AS REQUIRED BY SUBDIVISION FOUR OF THIS SECTION
16 SHALL BE SUBJECT TO A RECYCLING SURCHARGE, DETERMINED AS FOLLOWS:
17 (A) IF A MANUFACTURER ACCEPTS AT LEAST NINETY PERCENT BUT LESS THAN
18 ONE HUNDRED PERCENT OF ITS MANUFACTURER'S ACCEPTANCE STANDARD AS
19 REQUIRED BY SUBDIVISION FOUR OF THIS SECTION, THE SURCHARGE SHALL BE
20 THIRTY CENTS MULTIPLIED BY THE NUMBER OF ADDITIONAL POUNDS OF ELECTRONIC
21 WASTE THAT SHOULD HAVE BEEN ACCEPTED BY SUCH MANUFACTURER.
22 (B) IF A MANUFACTURER ACCEPTS AT LEAST FIFTY PERCENT BUT LESS THAN
23 NINETY PERCENT OF ITS MANUFACTURER'S ACCEPTANCE STANDARD AS REQUIRED BY
24 SUBDIVISION FOUR OF THIS SECTION, THE SURCHARGE SHALL BE FORTY CENTS
25 MULTIPLIED BY THE NUMBER OF ADDITIONAL POUNDS OF ELECTRONIC WASTE THAT
26 SHOULD HAVE BEEN ACCEPTED BY SUCH MANUFACTURER.
27 (C) IF A MANUFACTURER ACCEPTS LESS THAN FIFTY PERCENT OF ITS MANUFAC-
28 TURER'S ACCEPTANCE STANDARD AS REQUIRED BY SUBDIVISION FOUR OF THIS
29 SECTION, THE SURCHARGE SHALL BE FIFTY CENTS MULTIPLIED BY THE NUMBER OF
30 ADDITIONAL POUNDS OF ELECTRONIC WASTE THAT SHOULD HAVE BEEN ACCEPTED BY
31 SUCH MANUFACTURER.
32 6. THE RECYCLING SURCHARGE SHALL BE PAID TO THE DEPARTMENT WITH THE
33 ANNUAL REPORT REQUIRED PURSUANT TO SECTION 27-2617 OF THIS TITLE.
34 7. BEGINNING WITH CALENDAR YEAR TWO THOUSAND THIRTEEN, IF A MANUFAC-
35 TURER ACCEPTS MORE THAN ITS MANUFACTURER'S ACCEPTANCE STANDARD AS
36 REQUIRED BY SUBDIVISION FOUR OF THIS SECTION, THE EXCESS WEIGHT MAY BE
37 USED AS ELECTRONIC WASTE ACCEPTANCE CREDITS AND MAY BE SOLD, TRADED, OR
38 BANKED FOR A PERIOD NO LONGER THAN THREE CALENDAR YEARS SUCCEEDING THE
39 YEAR IN WHICH THE CREDITS WERE EARNED; PROVIDED, HOWEVER, THAT NO MORE
40 THAN TWENTY-FIVE PERCENT OF A MANUFACTURER'S OBLIGATION FOR ANY CALENDAR
41 YEAR MAY BE MET WITH RECYCLING CREDITS GENERATED IN A PRIOR CALENDAR
42 YEAR.
43 S 27-2605. MANUFACTURER ELECTRONIC WASTE REGISTRATION AND RESPONSIBIL-
44 ITIES.
45 1. A MANUFACTURER SHALL SUBMIT A REGISTRATION TO THE DEPARTMENT BY
46 JANUARY FIRST, TWO THOUSAND TEN, ALONG WITH A REGISTRATION FEE OF FIVE
47 THOUSAND DOLLARS. SUCH REGISTRATION SHALL INCLUDE:
48 (A) THE MANUFACTURER'S NAME, ADDRESS, AND TELEPHONE NUMBER;
49 (B) THE NAME AND TITLE OF AN OFFICER, DIRECTOR, OR OTHER INDIVIDUAL
50 DESIGNATED AS THE MANUFACTURER'S CONTACT FOR PURPOSES OF THIS TITLE;
51 (C) A LIST IDENTIFYING THE MANUFACTURER'S BRANDS;
52 (D) A GENERAL DESCRIPTION OF THE MANNER IN WHICH THE MANUFACTURER WILL
53 COMPLY WITH SECTION 27-2603 OF THIS TITLE, INCLUDING SPECIFIC INFORMA-
54 TION ON THE MANUFACTURER'S ELECTRONIC WASTE ACCEPTANCE PROGRAM IN THE
55 STATE, AND A CURRENT LIST OF LOCATIONS WITHIN THE STATE WHERE CONSUMERS
56 MAY RETURN ELECTRONIC WASTE;
A. 9049 7
1 (E) SALES DATA REPORTED BY WEIGHT FOR THE MANUFACTURER'S COVERED ELEC-
2 TRONIC EQUIPMENT SOLD IN THIS STATE FOR THE PREVIOUS THREE CALENDAR
3 YEARS, CATEGORIZED BY TYPE TO THE EXTENT KNOWN. IF THE MANUFACTURER
4 CANNOT PROVIDE ACCURATE STATE SALES DATA, IT MUST EXPLAIN WHY SUCH DATA
5 CANNOT BE PROVIDED, AND ESTIMATE STATE SALES DATA BY (I) DIVIDING ITS
6 NATIONAL SALES DATA BY WEIGHT BY THE NATIONAL POPULATION ACCORDING TO
7 THE MOST RECENT CENSUS AND MULTIPLYING THE RESULT BY THE POPULATION OF
8 THE STATE, OR (II) ANOTHER METHOD APPROVED BY THE DEPARTMENT;
9 (F) A STATEMENT DISCLOSING WHETHER: (I) ANY COVERED ELECTRONIC DEVICE
10 SOLD IN THIS STATE EXCEEDS THE MAXIMUM CONCENTRATION VALUES ESTABLISHED
11 FOR LEAD, MERCURY, CADMIUM, HEXAVALENT CHROMIUM, POLYBROMINATED BIPHE-
12 NYLS (PBBS), AND POLYBROMINATED DIPHENYL ETHERS (PBDES) UNDER THE
13 RESTRICTION OF HAZARDOUS SUBSTANCES DIRECTIVE (ROHS) PURSUANT TO
14 2002/95/EC OF THE EUROPEAN PARLIAMENT AND COUNCIL AND ANY AMENDMENTS
15 THERETO AND IF SO, A LISTING OF ANY COVERED ELECTRONIC EQUIPMENT THAT IS
16 NOT IN COMPLIANCE WITH SUCH DIRECTIVE; OR (II) THE MANUFACTURER HAS
17 RECEIVED AN EXEMPTION FROM ONE OR MORE OF THOSE MAXIMUM CONCENTRATION
18 VALUES UNDER THE ROHS DIRECTIVE THAT HAS BEEN APPROVED AND PUBLISHED BY
19 THE EUROPEAN COMMISSION; AND
20 (G) ANY OTHER INFORMATION AS THE DEPARTMENT MAY REQUIRE.
21 2. A MANUFACTURER'S REGISTRATION MUST BE UPDATED WITHIN THIRTY DAYS OF
22 ANY MATERIAL CHANGE TO THE INFORMATION REQUIRED BY THE REGISTRATION.
23 3. ANY PERSON WHO BECOMES A MANUFACTURER ON OR AFTER JANUARY FIRST,
24 TWO THOUSAND TEN SHALL REGISTER WITH THE DEPARTMENT PRIOR TO SELLING OR
25 OFFERING FOR SALE IN THE STATE ANY COVERED ELECTRONIC EQUIPMENT, AND
26 MUST COMPLY WITH THE REQUIREMENTS OF THIS TITLE.
27 4. NO LATER THAN JULY FIRST, TWO THOUSAND TEN, A MANUFACTURER SHALL
28 NOT SELL OR OFFER FOR SALE ELECTRONIC EQUIPMENT IN THE STATE UNLESS THE
29 MANUFACTURER HAS REGISTERED WITH THE DEPARTMENT AND MAINTAINS AN ELEC-
30 TRONIC WASTE ACCEPTANCE PROGRAM THROUGH WHICH THE MANUFACTURER, EITHER
31 DIRECTLY OR THROUGH AN AGENT OR DESIGNEE, ACCEPTS ELECTRONIC WASTE FROM
32 CONSUMERS IN THE STATE FOR RECYCLING. THE MANUFACTURER SHALL ENSURE
33 THAT RETAILERS ARE NOTIFIED OF SUCH REGISTRATION. THE MANUFACTURER
34 SHALL NOT IMPOSE A FEE ON CONSUMERS FOR THE COLLECTION, HANDLING AND
35 RECYCLING OR REUSE OF ELECTRONIC WASTE.
36 5. THE ELECTRONIC WASTE ACCEPTANCE PROGRAM SHALL INCLUDE, AT A MINI-
37 MUM:
38 (A) COLLECTION, HANDLING AND RECYCLING OR REUSE OF COVERED ELECTRONIC
39 EQUIPMENT PRODUCED BY THE MANUFACTURER AND OFFERED FOR RETURN BY ANY
40 CONSUMER IN THIS STATE, FREE OF COST AND IN A MANNER CONVENIENT TO
41 CONSUMERS. THE FOLLOWING ACCEPTANCE METHODS SHALL BE CONSIDERED REASON-
42 ABLY CONVENIENT: (I) MAIL OR SHIP BACK RETURN PROGRAMS; (II) COLLECTION
43 OR ACCEPTANCE EVENTS CONDUCTED BY THE MANUFACTURER OR THE MANUFACTURER'S
44 AGENT OR DESIGNEE, INCLUDING EVENTS CONDUCTED THROUGH LOCAL GOVERNMENTS
45 OR PRIVATE PARTIES; (III) FIXED ACCEPTANCE LOCATIONS SUCH AS DEDICATED
46 ACCEPTANCE SITES OPERATED BY THE MANUFACTURER OR ITS AGENT OR DESIGNEE;
47 (IV) AGREEMENTS WITH LOCAL GOVERNMENTS, RETAIL STORES, SALES OUTLETS AND
48 NOT-FOR-PROFIT ORGANIZATIONS WHICH HAVE AGREED TO PROVIDE FACILITIES FOR
49 THE COLLECTION OF ELECTRONIC WASTE; (V) COMMUNITY COLLECTION EVENTS; AND
50 (VI) ANY COMBINATION OF THESE OR OTHER ACCEPTANCE METHODS WHICH EFFEC-
51 TIVELY PROVIDE FOR THE ACCEPTANCE OF ELECTRONIC WASTE FOR RECYCLING OR
52 REUSE THROUGH MEANS THAT ARE AVAILABLE AND REASONABLY CONVENIENT TO
53 CONSUMERS IN THE STATE. AT A MINIMUM, THE MANUFACTURER SHALL ENSURE THAT
54 ALL COUNTIES OF THE STATE AND ALL MUNICIPALITIES WHICH HAVE A POPULATION
55 OF TEN THOUSAND OR GREATER HAVE AT LEAST ONE METHOD OF ACCEPTANCE THAT
A. 9049 8
1 IS AVAILABLE WITHIN THAT MUNICIPALITY. THE DEPARTMENT MAY ESTABLISH
2 ADDITIONAL REQUIREMENTS TO ENSURE CONVENIENT COLLECTION FROM CONSUMERS;
3 (B) INFORMATION ON HOW CONSUMERS CAN DESTROY ALL DATA ON ANY ELECTRON-
4 IC WASTE, EITHER THROUGH PHYSICAL DESTRUCTION OF THE HARD DRIVE OR
5 THROUGH DATA WIPING;
6 (C) A PUBLIC EDUCATION PROGRAM TO INFORM CONSUMERS ABOUT THE MANUFAC-
7 TURER'S ELECTRONIC WASTE ACCEPTANCE PROGRAM, INCLUDING AT A MINIMUM: (I)
8 AN INTERNET WEBSITE AND A TOLL-FREE TELEPHONE NUMBER AND WRITTEN INFOR-
9 MATION INCLUDED IN THE PACKAGE FOR, OR AT THE TIME OF SALE OF, COVERED
10 ELECTRONIC EQUIPMENT THAT PROVIDES SUFFICIENT INFORMATION TO ALLOW A
11 CONSUMER OF COVERED ELECTRONIC EQUIPMENT TO LEARN HOW TO RETURN THE
12 COVERED EQUIPMENT FOR RECYCLING OR REUSE, AND IN THE CASE OF MANUFACTUR-
13 ERS OF COMPUTERS, HARD DRIVES AND OTHER COVERED ELECTRONIC EQUIPMENT
14 THAT HAVE INTERNAL MEMORY ON WHICH PERSONAL OR OTHER CONFIDENTIAL DATA
15 CAN BE STORED, SUCH WEBSITE SHALL PROVIDE INSTRUCTIONS FOR HOW CONSUMERS
16 CAN DESTROY SUCH DATA BEFORE SURRENDERING THE PRODUCTS FOR RECYCLING OR
17 REUSE; (II) ADVERTISEMENTS AND PRESS RELEASES IF ANY; AND
18 (D) ANY OTHER INFORMATION AS REQUIRED BY THE DEPARTMENT IN ACCORDANCE
19 WITH REGULATIONS PROMULGATED PURSUANT TO THIS ARTICLE.
20 6. A MANUFACTURER SHALL MAINTAIN RECORDS DEMONSTRATING COMPLIANCE WITH
21 THIS TITLE AND MAKE THEM AVAILABLE FOR AUDIT AND INSPECTION BY THE
22 DEPARTMENT FOR A PERIOD OF THREE YEARS.
23 7. A MANUFACTURER MAY SATISFY THE ELECTRONIC WASTE COLLECTION REQUIRE-
24 MENTS OF THIS SECTION BY AGREEING TO PARTICIPATE IN A COLLECTIVE ELEC-
25 TRONIC WASTE ACCEPTANCE PROGRAM WITH OTHER MANUFACTURERS. ANY SUCH
26 COLLECTIVE ELECTRONIC WASTE ACCEPTANCE PROGRAM MUST MEET THE SAME
27 REQUIREMENTS AS AN INDIVIDUAL MANUFACTURER. ANY COLLECTIVE ELECTRONIC
28 WASTE ACCEPTANCE PROGRAM MUST INCLUDE A LIST OF MANUFACTURERS THAT ARE
29 PARTICIPATING IN SUCH PROGRAM ALONG WITH OTHER IDENTIFYING INFORMATION
30 AS MAY BE REQUIRED BY THE DEPARTMENT. SUCH PROGRAM SHALL SUBMIT A REGIS-
31 TRATION TO THE DEPARTMENT ALONG WITH A REGISTRATION FEE OF TEN THOUSAND
32 DOLLARS.
33 8. A MANUFACTURER SHALL BE RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH
34 THE IMPLEMENTATION OF THE ELECTRONIC WASTE ACCEPTANCE PROGRAM.
35 S 27-2607. RETAILER REQUIREMENTS.
36 1. AT THE LOCATION OF SALE OF COVERED ELECTRONIC EQUIPMENT, A RETAILER
37 SHALL PROVIDE PURCHASERS OF COVERED ELECTRONIC EQUIPMENT WITH INFORMA-
38 TION, IF ANY, ABOUT OPPORTUNITIES FOR THE RETURN OF ELECTRONIC WASTE
39 THAT HAS BEEN PROVIDED TO THE RETAILER BY A MANUFACTURER.
40 2. NO RETAILER SHALL SELL OR OFFER FOR SALE IN THE STATE ANY COVERED
41 ELECTRONIC EQUIPMENT UNLESS THE MANUFACTURER AND THE MANUFACTURER'S
42 BRANDS ARE REGISTERED WITH THE DEPARTMENT PURSUANT TO SECTION 27-2605 OF
43 THIS TITLE.
44 S 27-2609. LABELING.
45 BEGINNING JULY FIRST, TWO THOUSAND TEN, A MANUFACTURER MAY NOT OFFER
46 FOR SALE IN THE STATE OR DELIVER TO RETAILERS FOR SUBSEQUENT SALE
47 COVERED ELECTRONIC EQUIPMENT UNLESS IT HAS A VISIBLE, PERMANENT LABEL
48 CLEARLY IDENTIFYING THE MANUFACTURER OF THAT EQUIPMENT.
49 S 27-2611. DISPOSAL BAN.
50 1. BEGINNING JULY FIRST, TWO THOUSAND TEN, NO MANUFACTURER, RETAILER,
51 OR OWNER OR OPERATOR OF AN ELECTRONIC WASTE COLLECTION SITE, ELECTRONIC
52 WASTE CONSOLIDATION FACILITY OR ELECTRONIC WASTE RECYCLING FACILITY IN
53 THE STATE SHALL DISPOSE OF ELECTRONIC WASTE AT A SOLID WASTE MANAGEMENT
54 FACILITY OR HAZARDOUS WASTE MANAGEMENT FACILITY, OR PLACE ELECTRONIC
55 WASTE FOR COLLECTION WHICH IS INTENDED FOR DISPOSAL AT A SOLID WASTE
56 MANAGEMENT FACILITY OR HAZARDOUS WASTE MANAGEMENT FACILITY.
A. 9049 9
1 2. BEGINNING JANUARY FIRST, TWO THOUSAND ELEVEN, NO PERSON EXCEPT FOR
2 AN INDIVIDUAL OR HOUSEHOLD SHALL PLACE OR DISPOSE OF ANY ELECTRONIC
3 WASTE IN ANY SOLID WASTE MANAGEMENT FACILITY, OR PLACE ELECTRONIC WASTE
4 FOR COLLECTION WHICH IS INTENDED FOR DISPOSAL AT A SOLID WASTE MANAGE-
5 MENT FACILITY OR HAZARDOUS WASTE MANAGEMENT FACILITY IN THIS STATE.
6 PERSONS ENGAGED IN THE COLLECTION OF SOLID WASTE FOR DELIVERY TO A SOLID
7 WASTE MANAGEMENT FACILITY SHALL PROVIDE WRITTEN INFORMATION TO USERS OF
8 SUCH FACILITY ON THE PROPER METHODS FOR THE RECYCLING OF ELECTRONIC
9 WASTE.
10 3. BEGINNING JANUARY FIRST, TWO THOUSAND FIFTEEN, NO INDIVIDUAL OR
11 HOUSEHOLD SHALL PLACE OR DISPOSE OF ANY ELECTRONIC WASTE IN ANY SOLID
12 WASTE MANAGEMENT FACILITY, OR PLACE ELECTRONIC WASTE FOR COLLECTION
13 WHICH IS INTENDED FOR DISPOSAL AT A SOLID WASTE MANAGEMENT FACILITY OR
14 HAZARDOUS WASTE MANAGEMENT FACILITY IN THIS STATE.
15 4. BEGINNING JANUARY FIRST, TWO THOUSAND ELEVEN, AN OWNER OR OPERATOR
16 OF A SOLID WASTE MANAGEMENT FACILITY OR HAZARDOUS WASTE MANAGEMENT
17 FACILITY SHALL EDUCATE USERS OF SUCH FACILITY ON THE PROPER METHODS FOR
18 THE MANAGEMENT OF ELECTRONIC WASTE. SUCH EDUCATION SHALL INCLUDE:
19 (A) PROVIDING WRITTEN INFORMATION TO USERS OF SUCH FACILITY ON THE
20 PROPER METHODS FOR RECYCLING OF ELECTRONIC WASTE; AND
21 (B) POSTING, IN CONSPICUOUS LOCATIONS AT SUCH FACILITY, SIGNS STATING
22 THAT ELECTRONIC WASTE MAY NOT BE DISPOSED OF AT THE FACILITY.
23 S 27-2613. ELECTRONIC WASTE COLLECTION, CONSOLIDATION AND RECYCLING.
24 1. ELECTRONIC WASTE COLLECTION SITES. NO LATER THAN JULY FIRST, TWO
25 THOUSAND TEN, EACH PERSON WHO OWNS OR OPERATES AN ELECTRONIC WASTE
26 COLLECTION SITE IN THE STATE SHALL:
27 (A) REGISTER WITH THE DEPARTMENT ON A FORM PRESCRIBED BY THE DEPART-
28 MENT. THE REGISTRATION SHALL INCLUDE: (I) THE NAME, ADDRESS, AND TELE-
29 PHONE NUMBER OF THE OWNERS AND THE OPERATORS OF THE ELECTRONIC WASTE
30 COLLECTION SITE; AND (II) THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE
31 ELECTRONIC WASTE COLLECTION SITE. ANY PERSON WHO COMMENCES THE OPERATION
32 OF AN ELECTRONIC WASTE COLLECTION SITE ON OR AFTER JULY FIRST, TWO THOU-
33 SAND TEN SHALL REGISTER WITH THE DEPARTMENT AT LEAST THIRTY DAYS PRIOR
34 TO RECEIVING ANY ELECTRONIC WASTE AT SUCH COLLECTION SITE. A REGISTRA-
35 TION IS EFFECTIVE UPON ACCEPTANCE BY THE DEPARTMENT. IN THE CASE OF
36 COLLECTION SITES OPERATED BY A RETAILER, A SINGLE REGISTRATION LISTING
37 THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE INDIVIDUAL COLLECTION
38 SITES MAY BE SUBMITTED COVERING ALL THEIR COLLECTION SITES;
39 (B) BEGINNING MARCH FIRST, TWO THOUSAND ELEVEN, EACH PERSON OPERATING
40 AN ELECTRONIC WASTE COLLECTION SITE SHALL SUBMIT TO THE DEPARTMENT A
41 REPORT FOR THE PERIOD JULY FIRST, TWO THOUSAND TEN THROUGH DECEMBER
42 THIRTY-FIRST, TWO THOUSAND TEN, AND THEREAFTER, AN ANNUAL REPORT FOR THE
43 PREVIOUS CALENDAR YEAR, ON A FORM PRESCRIBED BY THE DEPARTMENT, INCLUD-
44 ING, BUT NOT LIMITED TO, THE FOLLOWING INFORMATION: (I) THE QUANTITY, BY
45 WEIGHT, OF ELECTRONIC WASTE RECEIVED FROM CONSUMERS IN THE STATE; (II)
46 THE NAME AND ADDRESS OF EACH PERSON TO WHOM THE ELECTRONIC WASTE
47 COLLECTION SITE SENT ELECTRONIC WASTE DURING THE PRECEDING YEAR, ALONG
48 WITH THE QUANTITY, BY WEIGHT, OF ELECTRONIC WASTE THAT WAS SENT TO EACH
49 SUCH PERSON; AND (III) THE WEIGHT OF ELECTRONIC WASTE COLLECTED ON
50 BEHALF OF OR PURSUANT TO AN AGREEMENT WITH EACH MANUFACTURER DURING THE
51 PRECEDING CALENDAR YEAR. ALL QUANTITIES OF ELECTRONIC WASTE REPORTED BY
52 THE COLLECTION SITE MUST SEPARATELY INCLUDE ELECTRONIC WASTE GENERATED
53 BY NEW YORK STATE CONSUMERS AND ELECTRONIC WASTE RECEIVED FROM OR
54 SHIPPED OUTSIDE THE STATE;
55 (C) MANAGE ELECTRONIC WASTE IN A MANNER THAT COMPLIES WITH ALL APPLI-
56 CABLE LAWS, RULES AND REGULATIONS;
A. 9049 10
1 (D) STORE ELECTRONIC WASTE (I) IN A FULLY ENCLOSED BUILDING WITH A
2 ROOF, FLOOR AND WALLS, OR (II) IN A SECURE CONTAINER (E.G., PACKAGE OR
3 VEHICLE), THAT IS CONSTRUCTED AND MAINTAINED TO MINIMIZE BREAKAGE OF
4 ELECTRONIC WASTE AND TO PREVENT RELEASES OF HAZARDOUS MATERIALS TO THE
5 ENVIRONMENT;
6 (E) REMOVE ELECTRONIC WASTE FROM THE SITE WITHIN ONE YEAR OF THE
7 WASTE'S RECEIPT AT THE SITE, AND MAINTAIN RECORDS DEMONSTRATING COMPLI-
8 ANCE WITH THIS REQUIREMENT.
9 2. ELECTRONIC WASTE CONSOLIDATION FACILITIES. (A) NO LATER THAN JULY
10 FIRST, TWO THOUSAND TEN, EACH PERSON WHO OPERATES AN ELECTRONIC WASTE
11 CONSOLIDATION FACILITY IN THE STATE SHALL REGISTER WITH THE DEPARTMENT
12 ON A FORM PRESCRIBED BY THE DEPARTMENT. THE REGISTRATION SHALL INCLUDE:
13 (I) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE OWNER AND THE OPERATOR
14 OF THE FACILITY; AND (II) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE
15 ELECTRONIC WASTE CONSOLIDATION FACILITY. ANY PERSON WHO COMMENCES THE
16 OPERATION OF AN ELECTRONIC WASTE CONSOLIDATION FACILITY ON OR AFTER JULY
17 FIRST, TWO THOUSAND TEN SHALL REGISTER WITH THE DEPARTMENT AT LEAST
18 THIRTY DAYS PRIOR TO RECEIVING ANY ELECTRONIC WASTE. A REGISTRATION IS
19 EFFECTIVE UPON ACCEPTANCE BY THE DEPARTMENT. ANY REGISTRATION REQUIRED
20 BY THIS PARAGRAPH SHALL BE ACCOMPANIED BY A REGISTRATION FEE OF TWO
21 HUNDRED FIFTY DOLLARS.
22 (B) BEGINNING MARCH FIRST, TWO THOUSAND ELEVEN, EACH PERSON OPERATING
23 AN ELECTRONIC WASTE CONSOLIDATION FACILITY SHALL SUBMIT TO THE DEPART-
24 MENT A REPORT FOR THE PERIOD JULY FIRST, TWO THOUSAND TEN THROUGH DECEM-
25 BER THIRTY-FIRST, TWO THOUSAND TEN, AND THEREAFTER, AN ANNUAL REPORT FOR
26 THE PREVIOUS CALENDAR YEAR, ON A FORM PRESCRIBED BY THE DEPARTMENT,
27 INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING INFORMATION: (I) THE NAME
28 AND ADDRESS OF EACH ELECTRONIC WASTE COLLECTION SITE FROM WHICH THE
29 CONSOLIDATION FACILITY RECEIVED ELECTRONIC WASTE DURING THE PRECEDING
30 YEAR, ALONG WITH THE QUANTITY, BY WEIGHT, OF ELECTRONIC WASTE RECEIVED
31 FROM EACH COLLECTION SITE; (II) THE NAME AND ADDRESS OF EACH PERSON TO
32 WHOM THE ELECTRONIC WASTE CONSOLIDATION FACILITY SENT ELECTRONIC WASTE
33 DURING THE PRECEDING YEAR, ALONG WITH THE QUANTITY, BY WEIGHT, OF ELEC-
34 TRONIC WASTE THAT WAS SENT TO EACH SUCH PERSON; (III) THE WEIGHT OF
35 ELECTRONIC WASTE COLLECTED ON BEHALF OF OR PURSUANT TO AN AGREEMENT WITH
36 EACH MANUFACTURER DURING THE PRECEDING CALENDAR YEAR; AND (IV) A CERTIF-
37 ICATION BY THE OWNER OR OPERATOR OF THE ELECTRONIC WASTE CONSOLIDATION
38 FACILITY THAT SUCH A FACILITY HAS COMPLIED WITH THE REQUIREMENTS OF THIS
39 TITLE AND ALL OTHER APPLICABLE LAWS, RULES, AND REGULATIONS. ALL QUANTI-
40 TIES OF ELECTRONIC WASTE REPORTED BY THE CONSOLIDATION FACILITY MUST
41 SEPARATELY INCLUDE ELECTRONIC WASTE GENERATED BY NEW YORK STATE CONSUM-
42 ERS AND ELECTRONIC WASTE RECEIVED FROM OR SHIPPED OUTSIDE THE STATE.
43 (C) EACH PERSON OPERATING AN ELECTRONIC WASTE CONSOLIDATION FACILITY
44 SHALL:
45 (I) MANAGE ELECTRONIC WASTE IN A MANNER THAT COMPLIES WITH ALL APPLI-
46 CABLE LAWS, RULES AND REGULATIONS;
47 (II) STORE ELECTRONIC WASTE (A) IN A FULLY ENCLOSED BUILDING WITH A
48 ROOF, FLOOR AND WALLS, OR (B) IN A SECURE CONTAINER (E.G., PACKAGE OR
49 VEHICLE), THAT IS CONSTRUCTED AND MAINTAINED TO MINIMIZE BREAKAGE OF
50 ELECTRONIC WASTE AND TO PREVENT RELEASES OF HAZARDOUS MATERIALS TO THE
51 ENVIRONMENT;
52 (III) HAVE A MEANS TO CONTROL ENTRY, AT ALL TIMES, TO THE ACTIVE
53 PORTION OF THE FACILITY;
54 (IV) INFORM ALL EMPLOYEES WHO HANDLE OR HAVE RESPONSIBILITY FOR MANAG-
55 ING ELECTRONIC WASTE ABOUT THE PROPER HANDLING AND EMERGENCY PROCEDURES
A. 9049 11
1 APPROPRIATE TO THE TYPE OR TYPES OF ELECTRONIC WASTE HANDLED AT THE
2 FACILITY;
3 (V) REMOVE ELECTRONIC WASTE FROM THE SITE WITHIN ONE YEAR OF THE
4 WASTE'S RECEIPT AT THE SITE, AND MAINTAIN RECORDS DEMONSTRATING COMPLI-
5 ANCE WITH THIS REQUIREMENT; AND
6 (VI) MAINTAIN THE RECORDS REQUIRED BY PARAGRAPHS (A) AND (B) OF THIS
7 SUBDIVISION AND BY SUBPARAGRAPH (V) OF THIS PARAGRAPH ON SITE AND MAKE
8 THEM AVAILABLE FOR AUDIT AND INSPECTION BY THE DEPARTMENT FOR A PERIOD
9 OF THREE YEARS.
10 (D) A PERSON OPERATING AN ELECTRONIC WASTE CONSOLIDATION FACILITY
11 SHALL NOT ENGAGE IN ELECTRONIC WASTE RECYCLING UNLESS SUCH PERSON IS
12 ALSO REGISTERED AS AN ELECTRONIC WASTE RECYCLING FACILITY, AND COMPLIES
13 WITH THE REQUIREMENTS OF THIS SECTION THAT ARE APPLICABLE TO EACH TYPE
14 OF FACILITY.
15 (E) A PERSON OPERATING AN ELECTRONIC WASTE CONSOLIDATION FACILITY MAY
16 ACCEPT ELECTRONIC WASTE IN THE SAME MANNER AS AN ELECTRONIC WASTE
17 COLLECTION SITE PROVIDED THAT SUCH PERSON COMPLIES WITH THE REQUIREMENTS
18 OF THIS SECTION THAT ARE APPLICABLE TO ELECTRONIC WASTE COLLECTION
19 FACILITIES.
20 3. ELECTRONIC WASTE RECYCLING FACILITIES. (A) NO LATER THAN JULY
21 FIRST, TWO THOUSAND TEN, EACH PERSON OPERATING AN ELECTRONIC WASTE RECY-
22 CLING FACILITY IN THE STATE SHALL REGISTER WITH THE DEPARTMENT ON A FORM
23 PRESCRIBED BY THE DEPARTMENT. THE REGISTRATION SHALL INCLUDE: (I) THE
24 NAME, ADDRESS AND TELEPHONE NUMBER OF THE OWNER AND THE OPERATOR OF THE
25 FACILITY; AND (II) THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE ELEC-
26 TRONIC WASTE RECYCLING FACILITY. ANY PERSON WHO COMMENCES THE OPERATION
27 OF AN ELECTRONIC WASTE RECYCLING FACILITY ON OR AFTER JULY FIRST, TWO
28 THOUSAND TEN SHALL REGISTER WITH THE DEPARTMENT AT LEAST THIRTY DAYS
29 PRIOR TO RECEIVING ANY ELECTRONIC WASTE. A REGISTRATION IS EFFECTIVE
30 UPON ACCEPTANCE BY THE DEPARTMENT. ANY REGISTRATION REQUIRED BY THIS
31 PARAGRAPH SHALL BE ACCOMPANIED BY A REGISTRATION FEE OF TWO HUNDRED
32 FIFTY DOLLARS.
33 (B) BEGINNING MARCH FIRST, TWO THOUSAND ELEVEN, EACH PERSON OPERATING
34 AN ELECTRONIC WASTE RECYCLING FACILITY SHALL SUBMIT TO THE DEPARTMENT A
35 REPORT FOR THE PERIOD JULY FIRST, TWO THOUSAND TEN THROUGH DECEMBER
36 THIRTY-FIRST, TWO THOUSAND TEN, AND THEREAFTER, AN ANNUAL REPORT FOR THE
37 PREVIOUS CALENDAR YEAR, ON A FORM PRESCRIBED BY THE DEPARTMENT, INCLUD-
38 ING, BUT NOT LIMITED TO, THE FOLLOWING INFORMATION: (I) THE QUANTITY, BY
39 WEIGHT, OF ELECTRONIC WASTE RECEIVED FROM CONSUMERS IN THE STATE; (II)
40 THE NAME AND ADDRESS OF EACH ELECTRONIC WASTE COLLECTION SITE AND ELEC-
41 TRONIC WASTE CONSOLIDATION FACILITY FROM WHICH ELECTRONIC WASTE WAS
42 RECEIVED DURING THE PRECEDING CALENDAR YEAR, ALONG WITH THE QUANTITY, BY
43 WEIGHT, OF ELECTRONIC WASTE RECEIVED FROM EACH PERSON; (III) THE NAME
44 AND ADDRESS OF EACH PERSON TO WHOM THE FACILITY SENT ELECTRONIC WASTE OR
45 COMPONENT MATERIALS DURING THE PRECEDING YEAR, ALONG WITH THE QUANTITY,
46 BY WEIGHT, OF ELECTRONIC WASTE OR COMPONENT MATERIALS THEREOF SENT TO
47 EACH SUCH PERSON; (IV) THE WEIGHT OF ELECTRONIC WASTE COLLECTED ON
48 BEHALF OF OR PURSUANT TO AN AGREEMENT WITH EACH MANUFACTURER DURING THE
49 PRECEDING CALENDAR YEAR; AND (V) A CERTIFICATION BY THE OWNER OR OPERA-
50 TOR OF THE FACILITY THAT SUCH FACILITY HAS COMPLIED WITH THE REQUIRE-
51 MENTS OF THIS TITLE AND ALL OTHER APPLICABLE LAWS, RULES, AND REGU-
52 LATIONS. ALL QUANTITIES OF ELECTRONIC WASTE REPORTED BY THE RECYCLING
53 FACILITY MUST SEPARATELY INCLUDE ELECTRONIC WASTE GENERATED BY NEW YORK
54 STATE CONSUMERS AND ELECTRONIC WASTE RECEIVED FROM OR SHIPPED OUTSIDE
55 THE STATE.
A. 9049 12
1 (C) EACH PERSON OPERATING AN ELECTRONIC WASTE RECYCLING FACILITY
2 SHALL:
3 (I) MANAGE AND RECYCLE ELECTRONIC WASTE IN A MANNER THAT COMPLIES WITH
4 ALL APPLICABLE LAWS, RULES AND REGULATIONS;
5 (II) STORE ELECTRONIC WASTE (A) IN A FULLY ENCLOSED BUILDING WITH A
6 ROOF, FLOOR AND WALLS, OR (B) IN A SECURE CONTAINER (E.G., PACKAGE OR
7 VEHICLE), THAT IS CONSTRUCTED AND MAINTAINED TO MINIMIZE BREAKAGE OF
8 ELECTRONIC WASTE AND TO PREVENT RELEASES OF HAZARDOUS MATERIALS TO THE
9 ENVIRONMENT;
10 (III) HAVE A MEANS TO CONTROL ENTRY, AT ALL TIMES, THROUGH GATES OR
11 OTHER ENTRANCES TO THE ACTIVE PORTION OF THE FACILITY;
12 (IV) INFORM ALL EMPLOYEES WHO HANDLE OR HAVE RESPONSIBILITY FOR MANAG-
13 ING ELECTRONIC WASTE ABOUT PROPER HANDLING AND EMERGENCY PROCEDURES
14 APPROPRIATE TO THE TYPE OR TYPES OF ELECTRONIC WASTE HANDLED AT THE
15 FACILITY;
16 (V) REMOVE ELECTRONIC WASTE FROM THE SITE WITHIN ONE YEAR OF THE
17 WASTE'S RECEIPT AT THE SITE, AND MAINTAIN RECORDS DEMONSTRATING COMPLI-
18 ANCE WITH THIS REQUIREMENT; AND
19 (VI) MAINTAIN THE RECORDS REQUIRED BY PARAGRAPHS (A) AND (B) OF THIS
20 SUBDIVISION AND BY SUBPARAGRAPH (V) OF THIS PARAGRAPH ON SITE AND MAKE
21 THEM AVAILABLE FOR AUDIT AND INSPECTION BY THE DEPARTMENT FOR A PERIOD
22 OF THREE YEARS.
23 (D) A PERSON OPERATING AN ELECTRONIC WASTE RECYCLING FACILITY MAY ALSO
24 OPERATE SUCH FACILITY AS AN ELECTRONIC WASTE CONSOLIDATION FACILITY
25 PROVIDED THAT SUCH PERSON COMPLIES WITH THE REQUIREMENTS OF THIS SECTION
26 THAT ARE APPLICABLE TO EACH TYPE OF FACILITY. WHERE A FACILITY IS OPER-
27 ATED FOR BOTH PURPOSES, ONLY ONE REGISTRATION FEE MUST BE PAID.
28 (E) A PERSON OPERATING AN ELECTRONIC WASTE RECYCLING FACILITY MAY
29 ACCEPT ELECTRONIC WASTE IN THE SAME MANNER AS AN ELECTRONIC WASTE
30 COLLECTION SITE PROVIDED THAT SUCH PERSON COMPLIES WITH THE REQUIREMENTS
31 OF THIS SECTION THAT ARE APPLICABLE TO ELECTRONIC WASTE COLLECTION
32 FACILITIES.
33 4. EXCEPT TO THE EXTENT OTHERWISE REQUIRED BY LAW, NO MANUFACTURER OR
34 PERSON OPERATING AN ELECTRONIC WASTE COLLECTION SITE, ELECTRONIC WASTE
35 CONSOLIDATION FACILITY OR ELECTRONIC WASTE RECYCLING FACILITY SHALL HAVE
36 ANY RESPONSIBILITY OR LIABILITY FOR ANY DATA IN ANY FORM STORED ON ELEC-
37 TRONIC WASTE SURRENDERED FOR RECYCLING OR REUSE, UNLESS SUCH PERSON
38 MISUSES OR KNOWINGLY AND INTENTIONALLY, OR WITH GROSS NEGLIGENCE,
39 DISCLOSES THE DATA. THIS PROVISION SHALL NOT PROHIBIT ANY SUCH PERSON
40 FROM ENTERING INTO AGREEMENTS THAT PROVIDE FOR THE DESTRUCTION OF DATA
41 ON COVERED ELECTRONIC EQUIPMENT.
42 S 27-2615. DEPARTMENT RESPONSIBILITIES.
43 1. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
44 NECESSARY TO IMPLEMENT AND ADMINISTER THIS TITLE. AT A MINIMUM, THE
45 DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS ON: STANDARDS FOR
46 REUSE; ELECTRONIC WASTE ACCEPTANCE CREDITS; WAIVERS OF THE RECYCLING
47 SURCHARGE; AND ACCEPTABLE ALTERNATIVE METHODS FOR THE DETERMINATION OF
48 STATE SALES DATA.
49 2. THE DEPARTMENT SHALL (A) MAINTAIN A LIST OF MANUFACTURERS WHO ARE
50 REGISTERED PURSUANT TO SECTION 27-2605 OF THIS TITLE, (B) MAINTAIN A
51 LIST OF EACH SUCH MANUFACTURER'S BRANDS, AND (C) POST SUCH LISTS ON THE
52 DEPARTMENT'S WEBSITE.
53 3. THE DEPARTMENT MAY WAIVE THE RECYCLING SURCHARGE PAYABLE BY A
54 MANUFACTURER UNDER THIS TITLE WHEN THE MANUFACTURER DEMONSTRATES IN AN
55 APPLICATION TO THE DEPARTMENT IT WAS UNABLE TO ACCEPT THE WEIGHT OF
56 ELECTRONIC WASTE REQUIRED BY SECTION 27-2603 OF THIS TITLE DESPITE THE
A. 9049 13
1 MANUFACTURER'S BEST EFFORTS. THE APPLICATION SHALL BE MADE WITH THE
2 ANNUAL REPORT REQUIRED BY SECTION 27-2617 OF THIS TITLE. THE APPLICATION
3 SHALL INCLUDE SUCH INFORMATION AS THE DEPARTMENT REQUIRES. A WAIVER
4 PROVIDED PURSUANT TO THIS SUBDIVISION SHALL NOT RELIEVE A MANUFACTURER
5 FROM THE OBLIGATION TO COMPLY WITH THE PROVISIONS OF THIS TITLE NOT
6 SPECIFICALLY ADDRESSED IN SUCH WAIVER.
7 S 27-2617. REPORTING REQUIREMENTS.
8 1. BEGINNING MARCH FIRST, TWO THOUSAND ELEVEN, FOR THE PREVIOUS CALEN-
9 DAR YEAR AND ANNUALLY THEREAFTER, A MANUFACTURER THAT OFFERS COVERED
10 ELECTRONIC EQUIPMENT FOR SALE IN THIS STATE SHALL SUBMIT A REPORT TO THE
11 DEPARTMENT ON A FORM PRESCRIBED BY THE DEPARTMENT THAT INCLUDES THE
12 FOLLOWING:
13 (A) SALES DATA REPORTED BY WEIGHT FOR THE MANUFACTURER'S COVERED ELEC-
14 TRONIC EQUIPMENT SOLD IN THIS STATE FOR THE PREVIOUS THREE CALENDAR
15 YEARS, CATEGORIZED BY TYPE TO THE EXTENT KNOWN. IF THE MANUFACTURER
16 CANNOT PROVIDE ACCURATE STATE SALES DATA, IT MUST EXPLAIN WHY SUCH DATA
17 CANNOT BE PROVIDED, AND ESTIMATE STATE SALES DATA BY (I) DIVIDING ITS
18 NATIONAL SALES DATA BY WEIGHT BY THE NATIONAL POPULATION ACCORDING TO
19 THE MOST RECENT CENSUS AND MULTIPLYING THE RESULT BY THE POPULATION OF
20 THE STATE, OR (II) ANOTHER METHOD APPROVED BY THE DEPARTMENT;
21 (B) THE QUANTITY, BY WEIGHT, OF ELECTRONIC WASTE COLLECTED FOR RECYCL-
22 ING OR REUSE IN THIS STATE, CATEGORIZED BY THE TYPE OF COVERED ELECTRON-
23 IC EQUIPMENT COLLECTED DURING THE PRECEDING CALENDAR YEAR, THE METHODS
24 USED TO ACCEPT THE ELECTRONIC WASTE, AND THE APPROXIMATE WEIGHT OF ELEC-
25 TRONIC WASTE ACCEPTED BY EACH METHOD USED TO THE EXTENT KNOWN;
26 (C) ALL QUANTITIES OF ELECTRONIC WASTE REPORTED BY THE MANUFACTURER
27 MUST SEPARATELY INCLUDE ELECTRONIC WASTE GENERATED BY NEW YORK STATE
28 CONSUMERS AND ELECTRONIC WASTE RECEIVED FROM OR SHIPPED OUTSIDE THE
29 STATE: (I) THE QUANTITY, BY WEIGHT, OF ELECTRONIC WASTE RECEIVED DIRECT-
30 LY FROM CONSUMERS IN THE STATE THROUGH A MAIL BACK PROGRAM; (II) THE
31 NAME AND ADDRESS OF EACH ELECTRONIC WASTE COLLECTION SITE, ELECTRONIC
32 WASTE CONSOLIDATION FACILITY, AND ELECTRONIC WASTE RECYCLING FACILITY AT
33 WHICH ELECTRONIC WASTE FROM CONSUMERS WAS RECEIVED ON BEHALF OF THE
34 PRODUCER DURING THE PRECEDING CALENDAR YEAR, ALONG WITH THE QUANTITY, BY
35 WEIGHT, OF ELECTRONIC WASTE RECEIVED; AND (III) THE NAME AND ADDRESS OF
36 EACH PERSON TO WHOM THE PRODUCER SENT ELECTRONIC WASTE OR COMPONENT
37 MATERIALS DURING THE PRECEDING YEAR, ALONG WITH THE QUANTITY, BY WEIGHT,
38 OF ELECTRONIC WASTE OR COMPONENT MATERIALS THEREOF SENT TO EACH SUCH
39 PERSON;
40 (D) THE NUMBER OF ELECTRONIC WASTE ACCEPTANCE CREDITS PURCHASED, SOLD,
41 BANKED AND TRADED DURING THE PRECEDING CALENDAR YEAR, THE NUMBER OF
42 ELECTRONIC WASTE ACCEPTANCE CREDITS USED TO MEET THE REQUIREMENTS OF
43 SECTION 27-2603 OF THIS TITLE, AND FROM WHOM THEY WERE PURCHASED AND TO
44 WHOM THEY WERE SOLD OR TRADED, AND THE NUMBER OF ELECTRONIC WASTE
45 ACCEPTANCE CREDITS RETAINED AS OF THE DATE OF THE REPORT;
46 (E) THE AMOUNT OF ANY RECYCLING SURCHARGE OWED FOR THE PRECEDING
47 CALENDAR YEAR, WITH SUFFICIENT INFORMATION TO DEMONSTRATE THE BASIS FOR
48 THE CALCULATION OF THE SURCHARGE;
49 (F) THE NAMES AND LOCATIONS OF ELECTRONIC WASTE RECYCLERS UTILIZED BY
50 THE MANUFACTURER AND ENTITIES TO WHICH ELECTRONIC WASTE IS SENT FOR
51 REUSE, WHETHER IN THE STATE OR OUTSIDE THE STATE, INCLUDING DETAILS ON
52 THE METHODS OF RECYCLING OR REUSE OF ELECTRONIC WASTE, ANY DISASSEMBLY
53 OR PHYSICAL RECOVERY OPERATION USED, AND THE ENVIRONMENTAL MANAGEMENT
54 MEASURES IMPLEMENTED BY SUCH RECYCLER OR ENTITY;
55 (G) INFORMATION DETAILING THE ACCEPTANCE METHODS MADE AVAILABLE TO
56 CONSUMERS IN MUNICIPALITIES WHICH HAVE A POPULATION OF GREATER THAN TEN
A. 9049 14
1 THOUSAND AND IN EACH COUNTY OF THE STATE TO MEET THE REQUIREMENTS OF
2 PARAGRAPH (A) OF SUBDIVISION FIVE OF SECTION 27-2605 OF THIS TITLE;
3 (H) A BRIEF DESCRIPTION OF ITS PUBLIC EDUCATION PROGRAM INCLUDING THE
4 NUMBER OF VISITS TO THE INTERNET WEBSITE AND CALLS TO THE TOLL-FREE
5 TELEPHONE NUMBER PROVIDED BY THE MANUFACTURER AS REQUIRED BY SECTION
6 27-2605 OF THIS TITLE;
7 (I) ANY OTHER INFORMATION AS REQUIRED BY THE DEPARTMENT; AND
8 (J) A SIGNATURE BY AN OFFICER, DIRECTOR, OR OTHER INDIVIDUAL AFFIRMING
9 THE ACCURACY OF THE REPORT.
10 2. THE REPORT SHALL BE ACCOMPANIED BY AN ANNUAL REPORTING FEE OF THREE
11 THOUSAND DOLLARS, AND ANY RECYCLING SURCHARGE DUE PURSUANT TO SECTION
12 27-2603 OF THIS TITLE.
13 3. THE DEPARTMENT SHALL SUBMIT A REPORT ON IMPLEMENTATION OF THE TITLE
14 IN THIS STATE TO THE GOVERNOR AND LEGISLATURE BY APRIL FIRST, TWO THOU-
15 SAND ELEVEN AND EVERY TWO YEARS THEREAFTER. THE REPORT MUST INCLUDE, AT
16 A MINIMUM, AN EVALUATION OF:
17 (A) THE ELECTRONIC WASTE STREAM IN THE STATE;
18 (B) RECYCLING AND REUSE RATES IN THE STATE FOR COVERED ELECTRONIC
19 EQUIPMENT;
20 (C) A DISCUSSION OF COMPLIANCE AND ENFORCEMENT RELATED TO THE REQUIRE-
21 MENTS OF THIS TITLE;
22 (D) RECOMMENDATIONS FOR ANY CHANGES TO THIS TITLE; AND
23 (E) A DISCUSSION OF OPPORTUNITIES FOR BUSINESS DEVELOPMENT IN THE
24 STATE RELATED TO THE ACCEPTANCE, COLLECTION, HANDLING AND RECYCLING OR
25 REUSE OF ELECTRONIC EQUIPMENT IN THIS STATE.
26 S 27-2619. PREEMPTION.
27 JURISDICTION IN ALL MATTERS PERTAINING TO ELECTRONIC WASTE RECYCLING,
28 INCLUDING BUT NOT LIMITED TO THE OBLIGATIONS OF MANUFACTURERS, RETAIL-
29 ERS, ELECTRONIC WASTE COLLECTION SITES, ELECTRONIC WASTE CONSOLIDATION
30 FACILITIES AND ELECTRONIC WASTE RECYCLING FACILITIES WITH RESPECT TO
31 ELECTRONIC WASTE RECYCLING, IS, BY THIS TITLE, VESTED EXCLUSIVELY IN THE
32 STATE. ANY PROVISION OF ANY LOCAL LAW OR ORDINANCE, OR ANY RULE OR REGU-
33 LATION PROMULGATED THERETO, GOVERNING COVERED ELECTRONIC EQUIPMENT AND
34 THE COLLECTION, REUSE, OR RECYCLING OF ELECTRONIC WASTE SHALL UPON THE
35 EFFECTIVE DATE OF THIS TITLE BE PREEMPTED.
36 S 27-2621. DISPOSITION OF FEES.
37 ALL FEES AND CHARGES COLLECTED PURSUANT TO THIS TITLE SHALL BE DEPOS-
38 ITED INTO THE ENVIRONMENTAL CONSERVATION SPECIAL REVENUE FUND TO THE
39 CREDIT OF THE ENVIRONMENTAL REGULATORY ACCOUNT; PROVIDED, HOWEVER, THAT
40 ANY RECYCLING SURCHARGES COLLECTED PURSUANT TO SUBDIVISION FIVE OF
41 SECTION 27-2603 OF THIS TITLE SHALL BE DEPOSITED IN THE ENVIRONMENTAL
42 PROTECTION FUND ESTABLISHED PURSUANT TO SECTION NINETY-TWO-S OF THE
43 STATE FINANCE LAW TO THE CREDIT OF THE SOLID WASTE ACCOUNT, TO BE USED
44 SOLELY FOR MUNICIPAL RECYCLING PROGRAMS.
45 S 3. The environmental conservation law is amended by adding a new
46 section 71-2729 to read as follows:
47 S 71-2729. ENFORCEMENT OF TITLE 26 OF ARTICLE 27 OF THIS CHAPTER.
48 1. A. ANY CONSUMER, AS DEFINED IN TITLE TWENTY-SIX OF ARTICLE TWENTY-
49 SEVEN OF THIS CHAPTER, WHO VIOLATES ANY PROVISION OF, OR FAILS TO
50 PERFORM ANY DUTY IMPOSED BY, SECTION 27-2611 OF THIS CHAPTER, SHALL BE
51 LIABLE FOR A CIVIL PENALTY NOT TO EXCEED ONE HUNDRED DOLLARS FOR EACH
52 VIOLATION.
53 B. ANY PERSON, EXCEPT A CONSUMER, MANUFACTURER, OR AN OWNER OR OPERA-
54 TOR OF AN ELECTRONIC WASTE COLLECTION SITE, ELECTRONIC WASTE CONSOL-
55 IDATION FACILITY, OR ELECTRONIC WASTE RECYCLING FACILITY AS THESE TERMS
56 ARE DEFINED IN TITLE TWENTY-SIX OF ARTICLE TWENTY-SEVEN OF THIS CHAPTER,
A. 9049 15
1 WHO VIOLATES ANY PROVISION, OR FAILS TO PERFORM ANY DUTY IMPOSED BY
2 SECTION 27-2611 OF THIS CHAPTER, SHALL BE LIABLE FOR A CIVIL PENALTY NOT
3 TO EXCEED TWO HUNDRED FIFTY DOLLARS FOR EACH VIOLATION.
4 C. ANY MANUFACTURER, OR ANY PERSON OPERATING AN ELECTRONIC WASTE
5 COLLECTION SITE, AN ELECTRONIC WASTE CONSOLIDATION FACILITY, OR AN ELEC-
6 TRONIC WASTE RECYCLING FACILITY AS THOSE TERMS ARE DEFINED IN TITLE
7 TWENTY-SIX OF ARTICLE TWENTY-SEVEN OF THIS CHAPTER, WHO:
8 I. FAILS TO SUBMIT ANY REPORT, REGISTRATION, FEE, OR SURCHARGE TO THE
9 DEPARTMENT AS REQUIRED BY TITLE TWENTY-SIX OF ARTICLE TWENTY-SEVEN OF
10 THIS CHAPTER SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED ONE THOU-
11 SAND DOLLARS FOR EACH DAY SUCH REPORT, REGISTRATION, FEE, OR SURCHARGE
12 IS NOT SUBMITTED; AND
13 II. VIOLATES ANY OTHER PROVISION OF TITLE TWENTY-SIX OF ARTICLE TWEN-
14 TY-SEVEN OF THIS CHAPTER OR FAILS TO PERFORM ANY DUTY IMPOSED BY SUCH
15 TITLE, EXCEPT FOR SUBDIVISION FOUR OF SECTION 27-2603 OF THIS CHAPTER,
16 SHALL BE LIABLE FOR A CIVIL PENALTY FOR EACH VIOLATION NOT TO EXCEED ONE
17 THOUSAND DOLLARS FOR THE FIRST VIOLATION, TWO THOUSAND FIVE HUNDRED
18 DOLLARS FOR THE SECOND VIOLATION AND FIVE THOUSAND DOLLARS FOR THE THIRD
19 AND SUBSEQUENT VIOLATIONS OF THIS TITLE WITHIN A TWELVE-MONTH PERIOD.
20 D. ANY RETAILER, AS DEFINED BY SECTION 27-2601 OF THIS CHAPTER, WHO
21 VIOLATES ANY PROVISION OF TITLE TWENTY-SIX OF ARTICLE TWENTY-SEVEN OF
22 THIS CHAPTER OR FAILS TO PERFORM ANY DUTY IMPOSED BY SUCH TITLE, SHALL
23 BE LIABLE FOR A CIVIL PENALTY FOR EACH VIOLATION NOT TO EXCEED TWO
24 HUNDRED FIFTY DOLLARS FOR THE FIRST VIOLATION, FIVE HUNDRED DOLLARS FOR
25 THE SECOND VIOLATION AND ONE THOUSAND DOLLARS FOR THE THIRD AND SUBSE-
26 QUENT VIOLATIONS OF THIS TITLE IN A TWELVE-MONTH PERIOD.
27 E. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE COMMIS-
28 SIONER AFTER A HEARING OR OPPORTUNITY TO BE HEARD PURSUANT TO THE
29 PROVISIONS OF SECTION 71-1709 OF THIS ARTICLE, OR BY THE COURT IN ANY
30 ACTION OR PROCEEDING PURSUANT TO THIS SECTION, AND, IN ADDITION THERETO,
31 SUCH PERSON MAY BY SIMILAR PROCESS BE ENJOINED FROM CONTINUING SUCH
32 VIOLATION.
33 2. ALL PENALTIES COLLECTED PURSUANT TO THIS SECTION SHALL BE PAID OVER
34 TO THE COMMISSIONER FOR DEPOSIT TO THE CREDIT OF THE SOLID WASTE ACCOUNT
35 OF THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED PURSUANT TO SECTION
36 NINETY-TWO-S OF THE STATE FINANCE LAW.
37 S 4. Severability. The provisions of this title shall be severable,
38 and if any provision of this title is declared to be void or invalid by
39 a court of competent jurisdiction, the remaining provisions shall not be
40 affected, but shall remain in full force and effect.
41 S 5. This act shall take effect immediately.
