2008 -- H 7880 SUBSTITUTE A

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LC02044/SUB A/2

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2008

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A N A C T

RELATING TO HEALTH AND SAFETY - ELECTRONIC WASTE PREVENTION, REUSE,

AND RECYCLING ACT

     Introduced By: Representatives Handy, Long, Lewiss, Ajello, and Fellela

     Date Introduced: February 26, 2008

     Referred To: House Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 23-24.10-1 and 23-24.10-3 of the General Laws in Chapter 23-

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24.10 entitled "Electronic Waste Prevention, Reuse and Recycling Act" are hereby amended to

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read as follows:

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     23-24.10-1. Purpose. -- The purposes of this act are:

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      (1) To study the establishment of a covered electronic product establish a manufacturer

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financed system for the collection, recycling, and reuse program for covered electronic products

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in Rhode Island;

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      (2) To develop a comprehensive strategy, with the participation of state agencies,

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producers, processors and consumers, for waste prevention and reduction of covered electronic

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products in the state, which addresses the collection, recycling and reuse of covered electronic

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products from all covered electronic product generators in the state and that ensures the safe and

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environmentally sound handling, reuse and recycling of covered electronic products;

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      (3) To promote the development of state infrastructure for the reuse and recycling of

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used electronics;

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      (4) To eliminate waste generated in the state from covered electronic products from

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landfill and incinerator disposal; and

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      (5) To encourage the design of covered electronic products that are less toxic, more

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durable and more recyclable.

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     23-24.10-3. Definitions. -- (a) For the purposes of this chapter:

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      (1) "Department" means the department of environmental management.

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      (2) "Covered electronic products" means:

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      (i) Desktop computers Computers (including central processing unit or CPU) as defined

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herein;

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      (ii) Computer monitors, including CRT monitors and flat panel monitors;

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      (iii) Portable computers (laptops);

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      (iv) (iii) Combination units (CPUs with monitors);

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      (v) CRT-based televisions and non-CRT-based televisions; and

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      (vi) Television (iv) Televisions (including CRT-based and non-CRT-based televisions,

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plasma and LCD), or any similar video display device with a screen greater than four (4) nine (9)

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inches diagonally and that contains a circuit board.; and

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     (v) “Covered electronic products” does not mean a computer, television or video display

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device that is: (a) a part of a motor vehicle or any component part of a motor vehicle assembled

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by, or for, a vehicle manufacturer or franchised dealer, including replacement parts for use in a

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motor vehicle; or (b) functionally or physically a part of, connected to or integrated within a

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larger piece of equipment designed and intended for use in an industrial, governmental,

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commercial, research and development, or medical setting, (including diagnostic, monitoring, or

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other medical products as that term is defined under the Federal Food, Drug, and Cosmetic Act)

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or equipment used for security, sensing, monitoring, or anti-terrorism purposes; or (c) contained

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within a home appliance, clothes washer, clothes dryer, refrigerator, refrigerator and freezer,

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microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, or

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air purifier; or (d) a handheld device used to access commercial mobile radio service, as such

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service is defined in 47 CFR 20.3, or (e) a printer as defined in subsection (ii) herein.

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      (3) "Covered electronic product generator" includes any person that has a covered

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electronic product within its possession.

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      (3)(4) "Person" means an individual, trust, firm, joint stock company, corporation

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(including a government corporation), partnership, association, the federal government or any

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agency or subdivision thereof, a state, municipality, commission, political subdivision of a state,

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or any interstate body.

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     (4) "Computer" often referred to as a “personal computer” or “PC”, means a desktop or

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notebook computer as further defined below, but does not mean an automated typewriter,

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electronic printer, mobile telephone, portable hand-held calculator, portable digital assistant

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(PDA), MP3 player, or other similar device. “Computer” does not include computer peripherals,

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commonly known as cables, mouse, or keyboard; computer servers marketed to professional

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users; or retail store terminals or cash registers, used at customer checkout in the retail industry.

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“Computer” is further defined to include:

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     (i) “Desktop Computer” means an electronic, magnetic, optical, electrochemical, or other

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high speed data processing device performing logical, arithmetic, or storage functions for general

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purpose needs which are met through interaction with a number of software programs contained

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therein, and which is not designed to exclusively perform a specific type of logical, arithmetic or

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storage function or other limited or specialized application. Human interface with a desktop

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computer is achieved through a standalone keyboard, stand-alone monitor or other display unit,

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and a stand-alone mouse or other pointing device, and is designed for a single user. A desktop

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computer has a main unit that is intended to be persistently located in a single location, often on a

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desk or on the floor. A desktop computer is not designed for portability and generally utilizes an

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external monitor, keyboard, and mouse with an external or internal power supply for a power

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source. Desktop computer does not include an automated typewriter or typesetter; or

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     (ii) “Notebook computer” means an electronic, magnetic, optical, electrochemical, or

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other high-speed data processing device performing logical, arithmetic, or storage functions for

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general purpose needs which are met through interaction with a number of software programs

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contained therein, and which is not designed to exclusively perform a specific type of logical,

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arithmetic or storage function or other limited or specialized application. Human interface with a

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notebook computer is achieved through a keyboard, video display greater than nine inches (9”) in

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size, and mouse or other pointing device, all of which are contained within the construction of the

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unit which comprises the notebook computer; supplemental standalone interface devices typically

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can also be attached to the notebook computer. Notebook computers can use external, internal, or

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batteries for a power source. Notebook computer does not include a portable handheld calculator,

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or a portable digital assistant or similar specialized device. A notebook computer has an

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incorporated video display greater than nine inches (9”) in size and can be carried as one unit by

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an individual. A notebook computer is sometimes referred to as a laptop computer.

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      (5) "Corporation" means the Rhode Island resource recovery corporation created and

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established pursuant to chapter 23-19 of the Rhode Island general laws.

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      (6) "Manufacturer" means a person or entity who:

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     (i) Has a physical presence and legal assets in the United States of America; and

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     (A) Manufactures or manufactured a covered electronic product under a brand it owns; or

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is or was licensed to use;

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     (B) Sells or sold under a brand or label it owns or is or was licensed to use a covered

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electronic product produced by other suppliers; or

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     (C) Assumes the financial responsibility of manufacturer collection, transportation or

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recycling as further defined herein; or

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     (D) Imports or imported a covered electronic product into the United States that is

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manufactured by a person without a presence in the United States; or

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     (E) Sells at retail a covered electronic product acquired from an importer that is the

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manufacturer as described in subsection (b) herein, and elects to register in lieu of the importer.

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      (7) “Market share” means a television manufacturers’ national sales of televisions

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expressed as a percentage of the total of all television manufacturers’ national sales based on the

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best available public data.

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      (8) "Monitor" means a video display device without a tuner that can display pictures and

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sound and is used with a computer.

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      (9) "Orphan waste" means a covered electronic product, except a television, for which no

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manufacturer can be identified or the manufacturer is no longer a business and no successor

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business can be identified.

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     (10) "Premium service" means services such as at-location system upgrade services and

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at-home pickup services, including curbside pickup service.

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     (11) “Printer" means desktop printers, multifunction printer copiers, and printer/fax

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combinations taken out of service that are designed to reside on a work surface, and include

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various print technologies, including without limitation laser and LED (electrographic), ink jet,

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dot matrix, thermal, and digital sublimation, and "multi-function" or "all-in-one" devices that

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perform different tasks, including without limitation copying, scanning, faxing, and printing.

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Printers do not include floor-standing printers, printers with optional floor stand, point of sale

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(POS) receipt printers, household printers such as a calculator with printing capabilities or label

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makers, or non-stand-alone printers that are embedded into products that are not covered

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electronic products.

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     (12) "Retailer" means a person or entity who sells a covered electronic product in the

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state to a consumer, "Retailer" includes, but is not limited to, a manufacturer of a covered

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electronic product who sells directly to a consumer through any means, including, but not limited

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to, transactions conducted through sales outlets, catalogs or the Internet, or any similar electronic

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means, but not including leasing, commercial financing or wholesale transactions with a

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distributor or other retailer.

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     (13) "Return share" means the minimum percentage of covered electronic products,

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except televisions, that an individual manufacturer is responsible for collecting, transporting and

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recycling.

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      (14) "Return share by weight" means the minimum total weight of covered electronic

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products, except televisions, that an individual manufacturer is responsible for collecting,

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transporting and recycling.

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     (15) "Television" means any telecommunication system device that can broadcast or

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receive moving pictures and sound over a distance and includes a television tuner or a display

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device peripheral to a computer that contains a television tuner.

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     (16) "Video display devices" means and includes units capable of presenting images

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electronically on a screen, with a viewable area greater than nine inches (9") when measured

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diagonally, viewed by the user and may include cathode ray tubes, flat panel computer monitors,

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plasma displays, liquid crystal displays, rear and front enclosed projection devices, and other

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similar displays that exist or may be developed.

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     (17) "State program" means a statewide program for collecting, transporting and

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recycling covered electronic products that is provided by the resource recovery corporation for

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manufacturers who pay a recycling fee.

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     SECTION 2. Section 23-24.10-6 of the General Laws in Chapter 23-24.10 entitled

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"Electronic Waste Prevention, Reuse and Recycling Act" is hereby repealed.

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     23-24.10-6. Study to establish a covered electronic product collection, recycling, and

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reuse program. -- (a) The department shall study the establishment of collection, recycling, and

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reuse programs for covered electronic products in this state. The department shall consult with

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stakeholders including persons who represent covered electronic product manufacturers, covered

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electronic product retailers, waste haulers, electronics recyclers, charities, cities, environmental

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organizations, public interest organizations, reuse organizations, schools, and other interested

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parties that have a role or interest in the collection, reuse, and recycling of covered electronic

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devices. As part of this study the department shall:

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      (1) Examine existing programs and infrastructure for reuse and recycling of covered

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electronic product;

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      (2) Compile information on covered electronic product manufacturers' covered electronic

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product collection, recycling, and reuse programs;

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      (3) Review existing data on the costs to collect, transport, and recycle electronic waste;

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      (4) Research the potential impacts of recycling or reusing electronic waste on jobs,

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recycling infrastructure, and economic development;

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      (5) Evaluate ways for improving product design to increase recyclability and reduce

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toxicity of products, including the assessment of safer alternatives to toxics outlined in the ROHS

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directive;

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      (6) Develop recommendations to define the role for charities, government agencies, local

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and state governments, businesses, manufacturers, and retailers in the collection, reuse and

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recycling of covered electronic products; and

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      (7) Explore state financial incentives for developing business opportunities and jobs in

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the area of covered electronic product recycling and reuse infrastructure.

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      (b) The department shall, based on the findings and recommendations of subsection (a)

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of this section, develop a plan for implementing and financing a program that addresses the

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collection, recycling, and reuse of covered electronic products from all covered electronic product

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generators in the state. In drafting this plan, the following factors will be considered by the

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department:

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      (1) The recommendations of the mercury reduction and education commission regarding

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methods of financing the collection, reuse, and recycling programs for covered electronic

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products;

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      (2) The impact of the approach on local governments, nonprofit organizations, waste

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haulers and other stakeholders;

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      (3) How to address historic and orphan waste, including an assessment of financing

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mechanisms used for collecting and recycling historic and orphan wastes;

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      (4) The development of recycling and processing standards that protect the health of

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workers and the environment in communities where covered electronic products are recycled

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and/or modified for reuse, which may include a ban on the export on nonworking covered

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electronic products to developing countries;

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      (5) Urban versus rural recycling challenges and issues;

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      (6) The role of covered electronic product manufacturers;

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      (7) The development of possible performance measures to assess the effectiveness of

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collection, reuse and recycling of covered electronic products; and

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      (8) Special consideration will be given to costs incurred by charitable organizations

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receiving unwanted electronic products and the waste collection systems that could be developed

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as a result of this activity.

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      (c) The department shall submit two (2) progress reports to the general assembly and the

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governor as follows:

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      (1) On or before January 1, 2007, the department shall submit a progress report on the

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study required by subsection (a) of this section including the provisions made for the inclusion of

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stakeholders, the issues that will be addressed in the study, and the work program to develop the

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plan required by subsection (b) of this section.

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      (2) On or before May 1, 2007, the department shall submit a progress report describing

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the progress of the study and of the development of the plan and identifying any issues that might

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need to be resolved in implementing an electronic waste collection, reuse and recycling program."

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      (d) The department shall submit to the general assembly, no later than December 31,

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2007, a program to accomplish the purposes of the chapter, which program shall include:

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      (1) Findings and recommendations for implementing and financing the collection, reuse

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and recycling of covered electronic products; and

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      (2) A plan and recommendations for any legislation necessary to implement the plan, for

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the collection, reuse and recycling of covered electronic products.

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      (e) The department may promulgate such regulations as may be necessary to implement

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the electronic waste collection, reuse and recycling program, which regulations shall be effective

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upon passage of the program by the general assembly.

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     SECTION 3. Chapter 23-24.10 of the General Laws entitled "Electronic Waste

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Prevention, Reuse and Recycling Act" is hereby amended by adding thereto the following

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sections:

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     23-24.10-6. Manufacturer individual financial responsibility. -- (a) On the effective

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date of this section, for covered electronic products other than televisions, manufacturers have

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individual financial responsibility for the collection, transportation and recycling of their covered

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electronic products and orphan waste which have been discarded by households or public and

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private elementary and secondary schools in Rhode Island, including their return share of orphan

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waste.

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     (b) On the effective date of this section, for televisions, each television manufacturer has

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financial responsibility for the collection, transportation and recycling of televisions, which have

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been discarded by households or public and private elementary and secondary schools in Rhode

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Island, based on the television manufacturer’s market share.

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     23-24.10-7. Sales and labor prohibitions. -- (a) A manufacturer not in compliance with

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all financial and other requirements of this chapter is prohibited from offering a covered

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electronic product for sale in this state.

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      (b) It shall be unlawful for any retailer and/or manufacturer to offer for sale in this state

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a new covered electronic product from a manufacturer that is not in full compliance with the

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requirements of this chapter. The department shall maintain a list of all manufacturers in

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compliance with the requirements of this chapter and post the list on an Internet website. Retailers

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of products in or into the state shall consult the list prior to selling covered electronic products in

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this state. A retailer shall be considered to have complied with this responsibility if, on the date

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that the product was ordered from the manufacturer or its agent, the manufacturer was listed as

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being in compliance on the aforementioned website. All manufactures will be considered in

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compliance with the purposes of this section until the department publishes the first requirements

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of this chapter for the listing.

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      (c) It shall be unlawful for facilities that recycle covered electronic products, including

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all downstream recycling operations, to use prison labor to recycle covered electronic products.

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      23-24.10-8. Labeling and registration requirements. -- (a) On and after the effective

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date of this section, a manufacturer or retailer may not sell or offer for sale a covered electronic

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product in the state unless it is labeled with the manufacturer's brand, and the label is permanently

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affixed and readily visible.

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     (b) Registration. Before January 1 of each year, a manufacturer of covered electronic

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products sold or offered for sale in this state shall register with the department for a period to

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cover the upcoming calendar year, on a form provided by the department. The registration shall

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include:

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     (1) A list of all the brands manufactured, sold or imported by the manufacturer, including

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those brands being offered for sale in this state by the manufacturer;

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     (2) A statement of whether the manufacturer will be implementing a manufacturer

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program or utilizing the state program for recycling covered electronic products; and

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     (3) Any other information required by the department to implement this chapter.

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     (c) By January 1, 2009, each manufacturer of new covered electronic products offered for

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sale for delivery in this state shall register with the department and pay to the department a

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registration fee of five thousand dollars ($5,000). Thereafter, if a manufacturer has not previously

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filed a registration, the manufacturer shall file a registration with the department prior to any offer

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for sale for delivery in this state of the manufacturer's new covered electronic products and shall

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pay to the department a registration fee of five thousand dollars ($5,000). Any manufacturer to

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whom the department provides notification of a return share, return share in weight or market

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share pursuant to subsections 23-24.10-12(d) and (e) and who has not previously filed a

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registration shall, within thirty (30) days of receiving such notification, file a registration with the

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department and shall pay to the department a registration fee of five thousand dollars ($5,000).

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     (1) Each registered manufacturer shall submit an annual renewal of its registration to the

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department and pay to the department a registration fee of five thousand dollars ($5,000) by

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January 1 of each program year.

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     (2) The registration and each annual renewal shall include a list of all of the

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manufacturer's brands of covered electronic products and shall be effective upon receipt by the

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department.

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     (3) All registration fees collected by the department shall be deposited in the

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environmental response fund established pursuant to Rhode Island general laws 23-19.1-23.

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     23-24.10-9. Manufacturer responsibility. --(a) A manufacturer choosing to implement a

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manufacturer program shall submit a plan to the department at the time of payment of the annual

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registration fee required under subsection 23-24.10-8(c).

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     (b) The manufacturer's plan must describe how the manufacturer will:

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     (1) Finance, manage and conduct a statewide program to collect covered electronic

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products from households and public and private elementary and secondary schools in this state;

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     (2) Provide for environmentally sound management practices to collect, transport and

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recycle covered electronic products;

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     (3) Provide for advertising and promotion of collection opportunities statewide and on a

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regular basis; and

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     (4) Include convenient service statewide. Collection sites shall be staffed and open to the

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public at a frequency adequate to meet the needs of the area being served. A program may

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provide collection service jointly with another program and may include, but not be limited to,

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mail back programs and collection events.

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     (c) The plan shall include a statement disclosing whether: (1) any video display devices

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sold in Rhode Island exceed the maximum concentration values established for lead, mercury,

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cadmium, hexavalent chromium, polybrominated diphenyls (PBBs), and polybrominated

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diphenyl ethers (PBDEs) under the RoHS (restricting the use of certain hazardous substances in

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electrical and electronic equipment) directive 2002/95/EC of the European parliament and council

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and any amendments there to enacted as of the date; or (2) the manufacture has received an

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exemption from one or more of those maximum concentration values under the RoHS directive

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that has been approved and published by the European commission.

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     (d) A manufacturer choosing to implement a manufacturer program shall:

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      (1) Provide for collection, transportation and recycling of covered electronic products

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from households and public and private elementary and secondary schools free of charge and a

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manufacturer that provides premium service for a person may charge for the additional cost of

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that premium service.

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     (2) Implement the plan and provide a report to the department no later than February 1 of

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each year that details how the plan required under this section was implemented during the

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previous calendar year.

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     (3) Conduct a statistically significant sampling or actual count of the covered electronic

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products collected and recycled by the manufacturer each calendar year using a methodology

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approved by the department. The manufacturer shall report the results of the sampling or count to

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the department no later than January 1 of the following calendar year. For all manufacturers,

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excluding televisions manufactured, the report must include:

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     (i) A list of all brands identified during the sampling or count by the manufacturer;

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     (ii) The weight of covered electronic products identified for each brand during the

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sampling or count; and

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     (iii) The total weight of covered electronic products, including orphan waste if applicable,

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collected from households and public and private elementary and secondary schools in the state

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by the manufacturer during the previous calendar year.

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     (e) A group of manufacturers, except television manufacturers, may choose to implement

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a manufacturer program as one entity, if in doing so the manufacturers meet the sum of their

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individual return shares by weight under subsection 23-24.10-12(d) and that sum is at least five

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percent (5%). A group of television manufacturers may choose to implement a manufacturer

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program as one entity, if in doing so the manufacturers meet the sum of their individual market

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shares under subsection 23-24.10-12(d).

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     (f) By February 1 of each year, a manufacturer that does not meet its share for the

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previous calendar year shall pay the department for the amount not achieved at a rate determined

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by the department to be equivalent to the amount the manufacturer would have paid as defined

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under subsection 23-24.10-11(d) plus ten percent (10%), to be part of the state program.

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     (g) A manufacturer, except a television manufacturer, with less than a five percent (5%)

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return share is required to participate in the state program under section 23-24.10-11. A television

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manufacturer that does not have an approved manufacture’s plan shall participate in the state

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program under section 23-24.10-11.

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     (h) A manufacturer participating in the state program under section 23-24.10-11 shall

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notify the department at the time of its registration each year.

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     (i) By February 1 of each year, a manufacturer that participates in the state program shall

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pay a recycling fee to the corporation in an amount adopted by the department under section 23-

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24.10-12 to cover the costs of collecting, transporting and recycling the manufacturer's annual

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share of covered electronic products for the following year.

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     (j) (1) A manufacturer program, the state program or a collector participating in a

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manufacturer program or the state program may not charge a fee to households or public and

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private elementary and secondary schools for the collection, transportation or recycling of those

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covered electronic products.

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     (2) A collector that provides a premium service to a person may charge for the additional

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cost of providing the premium service.

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     23-24.10-10. Retailer responsibility. -- (a) A retailer may not sell or offer for sale any

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covered electronic product in or for delivery into this state unless:

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     (1) The covered electronic product is labeled with a brand and the label is permanently

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affixed and readily visible;

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     (2) The brand is included on the list posted by the department; and

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     (3) The list posted by the department specifies that the manufacturer is in compliance

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with the requirements of this chapter. All manufacturers will be considered in compliance with

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the requirements of this chapter for the purposes of this section until the department publishes the

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first listing.

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     (b) A retailer shall provide to a consumer at the time of the sale of a covered electronic

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product information from the department's website that provides details about where and how a

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consumer can recycle covered electronic products in Rhode Island. Information shall also be

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made available in printable form for Internet sales and other sales where the Internet is involved.

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     (c) On or after January 1, 2009, a retailer who sells or offers for sale a new covered

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electronic product must, before the initial offer for sale, review the department’s website to

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determine that all new covered electronic products that the retailer is offering for sale are labeled

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with the manufacturer's brands that are registered with the department.

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(d) A retailer is not responsible for an unlawful sale under this subdivision if the manufacturer's

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registration expired or was revoked and the retailer took possession of the covered electronic

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product prior to the expiration or revocation of the manufacturer's registration and the unlawful

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sale occurred within three (3) months after the expiration or revocation.

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     23-24.10-11. Rhode Island resource recovery corporation responsibility. -- (a) The

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corporation shall establish a state program for the collection, transportation and recycling of

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covered electronic products from households and public and private elementary and secondary

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schools in this state. The state program shall be fully funded through the recycling fees as defined

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in subsection (d) herein. The corporation shall submit a plan to the department for review and

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approval that will:

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     (1) To the extent practicable, use existing local collection, transportation and recycling

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infrastructure;

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     (2) Use environmentally sound management practices as defined under subsection 23-24.

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10-12(i) to collect, transport and recycle covered electronic products;

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     (3) Provide for households and public and private elementary and secondary schools

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convenient and available collection services and sites for covered electronic products in each

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county of this state and collection services shall be free of charge for households and public and

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private elementary and secondary schools;

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     (4) Advertise and promote collection opportunities statewide and on a regular basis; and

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     (5) Conduct an actual count of the covered electronic products collected and recycled by

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the state program during each calendar year using a methodology approved by the department and

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prepare a report no later than March 1 of the following calendar year that includes but is not

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limited to:

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     (i) A list of all brands identified during the count;

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     (ii) The weight of covered electronic products, except televisions, identified for each

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brand during the count; and

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     (iii) The total weight of covered electronic products, including orphan waste if applicable,

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collected from households and public and private elementary and secondary schools in the state

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by the state program during the previous calendar year.

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     (6) Maintain on its website information on collection opportunities for covered electronic

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products, including collection site locations and hours. The information must be made available

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in a printable format for retailers.

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     (b) Covered electronic products account fund. The corporation shall create the covered

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electronic products account fund. Interest earned by the account shall be credited to the account.

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Fees collected by the corporation under subsection (c) below shall be deposited in the covered

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electronic products account fund. Moneys in the account are to be used only to pay the costs of

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implementing this chapter and enforcing the disposal ban in section 23-24.10-5.

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     (c) The corporation shall determine the return share and return share by weight for each

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calendar year for each manufacturer, except television manufacturers. The return share shall be

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determined by dividing the total weight of covered electronic products of that manufacturer's

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brands by the total weight of covered electronic products for all manufacturers' brands. The return

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share by weight shall be determined by multiplying the return share for each such manufacturer

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by the total weight in pounds of covered electronic products, including orphan waste, collected

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from households and public and private elementary and secondary schools the previous calendar

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year.

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     (1) For 2009 and 2010, determine the return share and return share by weight for each

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manufacturer, except television manufacturers, based on the best available public return share

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data and public weight data from within the United States for covered electronic products from

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households and public and private elementary and secondary schools. For subsequent years, the

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return share of covered electronic products for each manufacturer shall be based on the most

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recent annual sampling or count of covered electronic products. For subsequent years, the total

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weight in pounds of covered electronic products shall be based on the total weight of covered

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electronic products, including orphan waste, determined by the department.

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     (2) Determine the market share for each television manufacturer in accordance with

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subsection 23-24.10-3(7).

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     (3) The corporation shall present the proposed return or market shares for each

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manufacturer to the department for review and approval.

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     (d) Determine the recycling fee to be paid by each manufacturer that participates in the

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state program established pursuant to this section. The corporation shall determine the recycling

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fees as follows:

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     (1) For each manufacturer, except television manufacturers, the corporation shall

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determine the recycling fee based on the manufacturer's annual return share and return share by

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weight as determined under subsection (c) of this section. The fee shall be calculated on a per

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pound basis and shall not exceed fifty cents ($.50) per pound.

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     (2) By January 1 of each year, the corporation shall set the cost per pound for collection,

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transportation, and recycling of covered electronic products, except televisions, in order to

13-19

reasonably approximate market costs for these services, which cost per pound is used to calculate

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the fee. The corporation may adjust such cost per pound in order to reasonably approximate

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market costs for the collection, transportation, and recycling of covered electronic products.

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     (3) By January 1 of each year, for each television manufacturer that participates in the

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state program the corporation shall determine, by regulation, the recycling fee based on a

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television manufacturer’s market share.

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     (4) The corporation shall present the proposed recycling fees and any adjusted recycling

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fees for each manufacturer to the department for review and approval.

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     (e) Regulatory authority. The corporation may adopt such regulations as shall be

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necessary to implement the provisions of this chapter.

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     23-24.10-12. Department responsibility. -- The department shall:

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     (a) By January 1, 2009, maintain and make available on its website the following lists,

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which must be updated by the first day of each month:

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     (1) A list of registered manufacturers and their brands;

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     (2) A list of brands for which no manufacturer has registered; and

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     (3) A list that identifies which manufacturers are in compliance with this chapter.

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     (b) Review and approve manufacturer plans that comply with this chapter and are

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submitted annually by manufacturers choosing to implement a manufacturer program for

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recycling covered electronic products.

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     (c) Review and approve the corporation’s plan as established by section 23-24.10-11.

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     (d) Review and adopt the return share and return share by weight for all manufactures,

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except television manufacturers, for the following year as determined by the corporation pursuant

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to section 23-24.10-11. The department shall review and adopt the market share for all television

14-8

manufacturers for the following year as determined by the corporation pursuant to section 23-

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24.10-11.

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     (e) By January 1 of each year, notify each manufacturer that had a return share

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determined under section 23-24.10-11 its return share and its return share by weight for the

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following year. By January 1 of each year, notify each television manufacturer that had a market

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share determined under section 23-24.10-11 its market share for the following year.

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     (f) Review and adopt the recycling fee for all manufacturers as determined by the

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corporation pursuant to section 23-24.10-11.

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     (g) By January 1 of each year, the department shall notify each manufacturer that had a

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recycling fee determined under section 23-24.10-11 of the amount of its recycling fee. By

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November 1 prior to the program year for which a revised cost per pound is to be used in

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accordance with the provisions of section 23-24.10-11 the department shall notify all registered

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manufacturers of the revised cost per pound.

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     (h) Report biennially to the general assembly on the operation of the statewide system for

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collection, transportation and recycling of covered electronic products.

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     (i) Environmentally sound recycling and reuse. The department shall develop and adopt

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regulations no later than January 30, 2009 to define environmentally sound recycling and reuse

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practices for the manufacturers' plans and the state program. These regulations will apply to

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collectors, transporters, and processors, and should ensure that all their downstream vendors

14-27

comply with all local, state, and federal regulations, and must not violate laws in importing and

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transit countries when exporting environmentally sensitive materials throughout final disposition.

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     (j) Regulatory authority. The department may adopt such regulations as shall be

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necessary to implement the provisions of this chapter and may include exemptions from

14-31

provisions of this chapter as deemed appropriate by the department.

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     23-24.10-13. State procurement. -- (a) No later than January 1, 2009, all state agencies

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shall meet at least ninety-five percent (95%) of their annual purchasing requirements with

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electronic products registered to the Electronic Product Environmental Assessment Tool

15-1

(EPEAT) unless there is no EPEAT standard for such product.

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     (b) All vendors of electronic products to the state shall provide take-back and

15-3

management services for their products at the end of life of those products and must be in

15-4

compliance with all the requirements of this section. Vendors shall provide assurances that all

15-5

take-back and management services will operate in compliance with all applicable environmental

15-6

laws. Purchasing preference must be given to electronic products that incorporate design for the

15-7

preservation of the environment.

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     23-24.10-14. Multistate implementation. -- The department and the corporation are

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authorized to participate in the establishment of a regional multistate organization or compact to

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assist in carrying out the requirements of this chapter.

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     23-24.10-15. Limitations. -- If a federal law or combination of federal laws take effect

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that is applicable to all covered electronic products sold in the United States and establishes a

15-13

program for the collection and recycling or reuse of covered electronic products, the department

15-14

shall evaluate whether such laws provide a solution that is equal to or better than the program

15-15

created by this act. The department shall report its findings back to the legislature.

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     23-24.10-16. Violations. -- A violation of any of the provisions of this law or any rule or

15-17

regulation promulgated pursuant thereto shall be punishable, in the case of a first violation, by a

15-18

civil penalty not to exceed one thousand dollars ($1,000). In the case of a second and any further

15-19

violation, the liability shall be for a civil penalty not to exceed five thousand dollars ($5,000) for

15-20

each violation.

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      23-24.10-17. Severability. -- The provisions of this chapter shall be severable, and if any

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part of this chapter is declared to be invalid or void by a court of competent jurisdiction, the

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remaining portion shall not be affected but shall remain in full force and effect and shall be

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construed to be the entire chapter.

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     SECTION 4. This act shall take effect upon passage.

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LC02044/SUB A/2

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY - ELECTRONIC WASTE PREVENTION, REUSE,

AND RECYCLING ACT

***

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     This act would expand the provisions governing the disposal of electronic products in

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Rhode Island. The system would place a greater responsibility for and funding for such disposal

16-3

on equipment manufacturers.

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     This act would take effect upon passage.

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LC02044/SUB A/2

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