SB 363 Establishes the Residential Electronic Products Recycling and Reuse Act and repeals the Manufacturer Responsibility and Consumer Convenience Equipment Collection and Recovery Act
Sponsor: Chappelle-Nadal
LR Number: 1332S.01I Fiscal Note available
Committee: Commerce, Consumer Protection, Energy and the Environment
Last Action: 5/14/2013 - Hearing Cancelled S Commerce, Consumer Protection, Energy and the Environment Committee Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2013

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Current Bill Summary


SB 363 - This act establishes the Residential Electronic Products Recycling and Reuse Act and repeals the Manufacturer Responsibility and Consumer Convenience Equipment Collection and Recovery Act.

The program year is set to begin in 2014, with program goals for that year based upon the most recent population census, multiplied by 2.5 pounds per capita of covered electronic devices recycled or processed for reuse. Statewide program goals vary for years thereafter. For program year 2014, the recycling or reuse goal for television manufacturers is fifty-three percent of the statewide goal for all covered electronic devices. For the same year, the recycling or reuse goal for computer, computer monitor, and printer manufacturers is forty-seven percent of the statewide goal for all covered electronic devices. The recycling or reuse goal for each television manufacturer is based upon the manufacturer's market share. The recycling or reuse goal for each computer, computer monitor, or printer manufacturer is based upon the manufacturer's return share. If the covered electronic device is recycled or processed for reuse by the manufacturer itself, or is collected by manufacturers free of charge in an underserved district, the total weight processed is doubled. The total weight is tripled if the devices are donated for reuse by the manufacturer to a primary or secondary public education institution, or to a 501(c)(3) not-for-profit entity.

Compliance with recycling and reuse goals will be monitored by the Department of Natural Resources who will report violations to the Attorney General. The Attorney General may institute civil actions to address violations. Any person or manufacturer that violates the provisions of this act should be liable for certain civil penalties as provided in the act.

The Department of Natural Resources shall post a list of underserved solid waste management districts on its website by October of each program year, and implement an education campaign by September 2013 to inform such districts. Additionally, the Department must post on its website recycling and reuse goals, manufacturer specific subgoals, manufacturer specific market shares, and manufacturer specific return shares. Electronic manufacturers whose products are sold within the state must register and submit a registration fee with the department, and mark their electronic devices with a permanently-affixed and readily visible brand label. Manufacturers that do not register or submit the registration fee to the department beginning January 2014 are prohibited from selling their product within the state. The department must post on its website manufacturers that have paid the current year's registration fee, and a list of locations that accept covered and eligible electronic devices for recycling or reuse. Manufacturers that meet or exceed their recycling or reuse goals will be recognized annually by the department. Manufacturers that have not met their recycling goals for the previous program year will also be posted on the department's website. For the first three program years, the department must host a recycling conference alone or with other public entities associated with recycling. Beginning September of 2015, the department is charged with reporting annual program performance and penalties to the Governor and General Assembly. By July 2015, the department shall solicit comments regarding program requirements and potential program modifications. The comments received will be reviewed by the department, additional public comments will be solicited at a public hearing, and a final report of recommendations and modifications will be reported to the Governor and General Assembly by February 2017.

Computer, computer monitor, and printer manufacturers must hire, either individually or collectively, an independent auditor to perform return share samples of covered electronic devices received by dismantlers and refurbishers for recycling or reuse. The auditor must perform this eight-hour function once per quarter at each dismantling or refurbishing entity. The audit is to contain data as set forth in this act. Manufacturers shall ensure that they use only dismantlers and refurbishers that have registered with the department. Television, computer, computer monitor, and printer manufacturers are to submit reports to the department beginning September 2014. Dismantlers and refurbishers are required to register with the department and submit a registration fee. All dismantlers and refurbishers must be in compliance with all federal, state, and local laws and regulations, as well as federal and international law and agreements regarding export of used products or materials. Additionally, dismantlers and refurbishers shall maintain commercial general liability insurance, pollution legal liability insurance, documentation that demonstrates the completion of an environmental health and safety audit, proof of workers' compensation and employers' liability insurance, adequate assurance to cover environmental or other costs of closure, documentation of an environmental management system, and documented monitoring and record-keeping program that tracks inbound and outbound weights of covered and eligible electronic devices. Transboundary shipments shall use contracts made in advance, and all export records for each shipment must be kept on file for a minimum of three years. Dismantlers and refurbishers shall also use industry standards for destroying data on data storage devices, and shall not employ prison labor.

Retailers of televisions, computers, computer monitors, and printers shall be the primary source of information about the recycling and reuse program. At the time of sale, the retailer shall give each residential customer information from the department's website about recycling and reuse of covered electronic devices. Beginning January 2014, retailers are prohibited from selling televisions, computers, computer monitors, or printers that do not have a permanently-affixed and readily visible brand label, or that have not registered with the department and paid the registration fee. Retailers are also charged with reporting to television manufacturers as set forth in this act.

All collectors of covered or eligible electronic devices for one or more manufacturer must register with the department. If a manufacturer, dismantler, or refurbisher also acts as a collector, they must indicate it on their registration. Collectors must also submit an annual report to the department detailing information for the previous program year. Collectors may not accept more than ten electronic devices at one time from an individual, and when scheduling collection events, shall not give less than thirty days notice to the district waste department of those events.

The Office of Administration shall ensure that all bids and contracts for the purchase or lease of desktop and laptop computers, computer monitors, and televisions have a bronze performance tier or higher under the Electronic Product Environmental Assessment Tool.

If the federal government passes a law or establishes regulations mandating recycling goals for covered electronic devices that equal or exceed those established by this act, the department shall notify the general assembly and recommend the repeal of this act.

The registration fees established in this act shall be transmitted to the department for the creation of the solid waste management fund. Thirty-nine percent of the revenues shall support the duties of the department under this act, and sixty-one percent of the revenues shall be allocated through grants.

No person should knowingly allow or cause a covered electronic device to be mixed with municipal waste intended for a disposal at a landfill, or to be disposed of by burning or incineration. In 2014, application for a landfill ban waiver petition will be available through the department. Financial information submitted to the department shall not be considered public record under this act.

This act is identical to HB 328 (2013).

KAYLA CRIDER