S. 6047--A 2
27-2619. PREEMPTION.
27-2621. DISPOSITION OF FEES.
S 27-2601. DEFINITIONS.
AS USED IN THIS TITLE:
1. "CATHODE RAY TUBE" MEANS A VACUUM TUBE OR PICTURE TUBE USED TO
CONVERT AN ELECTRONIC SIGNAL INTO A VISUAL IMAGE.
2. "COMPUTER" MEANS AN ELECTRONIC, MAGNETIC, OPTICAL, ELECTROCHEMICAL
OR OTHER HIGH-SPEED DATA PROCESSING DEVICE PERFORMING A LOGICAL, ARITH-
METIC OR STORAGE FUNCTION, INCLUDING A LAPTOP COMPUTER AND DESKTOP
COMPUTER, AND INCLUDES ANY CABLE, CORD, OR WIRING PERMANENTLY AFFIXED TO
OR INCORPORATED INTO SUCH PRODUCT, AND MAY INCLUDE BOTH A COMPUTER
CENTRAL PROCESSING UNIT AND A MONITOR; BUT SUCH TERM SHALL NOT INCLUDE
AN AUTOMATED TYPEWRITER OR TYPESETTER, A PORTABLE HAND-HELD CALCULATOR,
A PORTABLE DIGITAL ASSISTANT, SERVER, OR OTHER SIMILAR DEVICE.
3. "COMPUTER PERIPHERAL" MEANS A MONITOR; ELECTRONIC KEYBOARD; ELEC-
TRONIC MOUSE OR SIMILAR POINTING DEVICE; FACSIMILE MACHINE, DOCUMENT
SCANNER, OR PRINTER INTENDED FOR USE WITH A COMPUTER; AND INCLUDES ANY
CABLE, CORD, OR WIRING PERMANENTLY AFFIXED TO OR INCORPORATED INTO ANY
SUCH PRODUCT.
4. "CONSUMER" MEANS A PERSON LOCATED IN THE STATE WHO OWNS OR USES
COVERED ELECTRONIC EQUIPMENT, INCLUDING BUT NOT LIMITED TO AN INDIVID-
UAL, A BUSINESS, CORPORATION, LIMITED PARTNERSHIP, NOT-FOR-PROFIT CORPO-
RATION, OR GOVERNMENTAL ENTITY, BUT DOES NOT INCLUDE AN ENTITY INVOLVED
IN A WHOLESALE TRANSACTION BETWEEN A DISTRIBUTOR AND RETAILER.
5. "COVERED ELECTRONIC EQUIPMENT" MEANS: A COMPUTER; COMPUTER PERIPH-
ERAL; SMALL ELECTRONIC EQUIPMENT; SMALL-SCALE SERVER; CATHODE RAY TUBE;
CATHODE RAY TUBE DEVICE; OR TELEVISION, AS DEFINED IN THIS SECTION.
"COVERED ELECTRONIC EQUIPMENT" DOES NOT INCLUDE ANY MOTOR VEHICLE OR ANY
PART THEREOF; CAMERA OR VIDEO CAMERA; PORTABLE OR STATIONARY RADIO;
WIRELESS TELEPHONE; HOUSEHOLD APPLIANCES SUCH AS CLOTHES WASHERS,
CLOTHES DRYERS, REFRIGERATORS, FREEZERS, MICROWAVE OVENS, OVENS, RANGES
OR DISHWASHERS; EQUIPMENT THAT IS FUNCTIONALLY OR PHYSICALLY PART OF A
LARGER PIECE OF EQUIPMENT INTENDED FOR USE IN AN INDUSTRIAL, RESEARCH
AND DEVELOPMENT OR COMMERCIAL SETTING; SECURITY OR ANTI-TERRORISM EQUIP-
MENT; MONITORING AND CONTROL INSTRUMENT OR SYSTEM; THERMOSTAT; HAND-HELD
TRANSCEIVER; TELEPHONE OF ANY TYPE; PORTABLE DIGITAL ASSISTANT OR SIMI-
LAR DEVICE; CALCULATOR; GLOBAL POSITIONING SYSTEM (GPS) RECEIVER OR
SIMILAR NAVIGATION DEVICE; A SERVER OTHER THAN A SMALL-SCALE SERVER, A
CASH REGISTER OR RETAIL SELF CHECKOUT SYSTEM; A STAND-ALONE STORAGE
PRODUCT INTENDED FOR USE IN INDUSTRIAL, RESEARCH AND DEVELOPMENT OR
COMMERCIAL SETTINGS; COMMERCIAL MEDICAL EQUIPMENT THAT CONTAINS WITHIN
IT A CATHODE RAY TUBE, A CATHODE RAY TUBE DEVICE, A FLAT PANEL DISPLAY
OR SIMILAR VIDEO DISPLAY DEVICE, AND IS NOT SEPARATE FROM THE LARGER
PIECE OF EQUIPMENT; OR OTHER MEDICAL DEVICES AS THAT TERM IS DEFINED
UNDER THE FEDERAL FOOD, DRUG AND COSMETIC ACT.
6. "ELECTRONIC RECYCLER" MEANS A PERSON WHO ENGAGES IN THE RECYCLING
OF ELECTRONIC WASTE.
7. "ELECTRONIC WASTE" MEANS COVERED ELECTRONIC EQUIPMENT THAT HAS BEEN
DISCARDED OR IS NO LONGER WANTED BY ITS OWNER, OR FOR ANY OTHER REASON
ENTERS THE WASTE COLLECTION, RECOVERY, TREATMENT, PROCESSING, OR RECYCL-
ING SYSTEM. FOR PURPOSES OF SECTION 27-2611 OF THIS TITLE, "ELECTRONIC
WASTE" DOES NOT INCLUDE THE CASE, SHELL, OR OTHER ENCLOSURE OF COVERED
ELECTRONIC EQUIPMENT FROM WHICH INCORPORATED ASSEMBLIES, SUB-ASSEMBLIES,
COMPONENTS, MATERIALS, WIRING, CIRCUITRY AND COMMODITIES HAVE BEEN
REMOVED.
S. 6047--A 3
8. "ELECTRONIC WASTE COLLECTION SITE" MEANS A FACILITY AT A FIXED OR
TEMPORARY SITE AT WHICH ELECTRONIC WASTE IS ACCEPTED FROM CONSUMERS AND
TEMPORARILY STORED FOR MORE THAN FIVE DAYS IN A CALENDAR YEAR BEFORE
SUCH WASTE IS TRANSPORTED TO AN ELECTRONIC WASTE CONSOLIDATION FACILITY
OR ELECTRONIC WASTE RECYCLING FACILITY. ELECTRONIC WASTE COLLECTION
SITES INCLUDE, BUT ARE NOT LIMITED TO, DEDICATED SITES AND FACILITIES
FOR THE ACCEPTANCE OF ELECTRONIC WASTE, AND RETAIL STORES AND OUTLETS,
MUNICIPAL OR PRIVATE ELECTRONIC WASTE COLLECTION SITES AND NOT-FOR-PRO-
FIT DONATION SITES THAT HAVE AGREED TO ACCEPT ELECTRONIC WASTE.
9. "ELECTRONIC WASTE CONSOLIDATION FACILITY" MEANS A FACILITY THAT
RECEIVES AND STORES ELECTRONIC WASTE FOR THE PURPOSE OF ORGANIZING,
CATEGORIZING OR CONSOLIDATING ITEMS OF ELECTRONIC WASTE BEFORE SUCH
WASTE IS TRANSPORTED TO AN ELECTRONIC WASTE RECYCLING FACILITY. ELEC-
TRONIC WASTE CONSOLIDATION FACILITIES INCLUDE, BUT ARE NOT LIMITED TO,
FACILITIES OF BROKERS ACTING AS INTERMEDIARIES BETWEEN ELECTRONIC WASTE
BUYERS AND SELLERS, AND REGIONAL CENTERS AT WHICH ELECTRONIC WASTE IS
ORGANIZED, CATEGORIZED OR CONSOLIDATED AFTER BEING TRANSPORTED TO SUCH
CENTERS FROM ELECTRONIC WASTE COLLECTION SITES OR OTHER ELECTRONIC WASTE
CONSOLIDATION FACILITIES.
10. "ELECTRONIC WASTE RECYCLING FACILITY" MEANS A FACILITY AT WHICH
ELECTRONIC WASTE IS RECYCLED.
11. "LABEL" MEANS A MARKER ON THE SURFACE OF COVERED ELECTRONIC EQUIP-
MENT CONVEYING INFORMATION; FOR THE PURPOSES OF THIS TITLE, LABELS MUST
BE PERMANENT AND CAN BE ATTACHED, PRINTED, ENGRAVED OR INCORPORATED IN
ANY OTHER PERMANENT WAY THAT IS OBVIOUS AND VISIBLE TO USERS OF THE
PRODUCT.
12. "MANUFACTURER" MEANS A PERSON WHO: (A) ASSEMBLES OR SUBSTANTIALLY
ASSEMBLES COVERED ELECTRONIC EQUIPMENT FOR SALE IN THE STATE; (B) MANU-
FACTURES COVERED ELECTRONIC EQUIPMENT UNDER ITS OWN BRAND NAME OR UNDER
ANY OTHER BRAND NAME FOR SALE IN THE STATE; (C) SELLS, UNDER ITS OWN
BRAND NAME, COVERED ELECTRONIC EQUIPMENT SOLD IN THE STATE; (D) OWNS A
BRAND NAME THAT IT LICENSES TO ANOTHER PERSON FOR USE ON COVERED ELEC-
TRONIC EQUIPMENT SOLD IN THE STATE; (E) IMPORTS COVERED ELECTRONIC
EQUIPMENT FOR SALE IN THE STATE; OR (F) MANUFACTURES COVERED ELECTRONIC
EQUIPMENT FOR SALE IN THE STATE WITHOUT AFFIXING A BRAND NAME. "MANUFAC-
TURER" DOES NOT MEAN A PERSON WHO ASSEMBLES OR SUBSTANTIALLY ASSEMBLES,
AND SELLS LESS THAN ONE THOUSAND UNITS OF COVERED ELECTRONIC EQUIPMENT
ANNUALLY IN THIS STATE, OR WHOSE PRIMARY BUSINESS IS THE SALE OF COVERED
ELECTRONIC EQUIPMENT WHICH IS COMPRISED PRIMARILY OF REBUILT, REFUR-
BISHED OR USED COMPONENTS. IF MORE THAN ONE PERSON IS A MANUFACTURER OF
A BRAND OF COVERED ELECTRONIC EQUIPMENT, ANY SUCH PERSON MAY ASSUME
RESPONSIBILITY FOR OBLIGATIONS OF A MANUFACTURER OF THAT BRAND UNDER
THIS TITLE. IF NONE OF THOSE PERSONS ASSUMES RESPONSIBILITY FOR THE
OBLIGATIONS OF A MANUFACTURER UNDER THIS TITLE, ANY AND ALL SUCH PERSONS
JOINTLY AND SEVERALLY MAY BE CONSIDERED TO BE THE RESPONSIBLE MANUFAC-
TURER OF THAT BRAND FOR PURPOSES OF THIS TITLE.
13. "MANUFACTURER'S BRANDS" MEANS A MANUFACTURER'S NAME, BRAND NAME OR
BRAND LABEL, AND ALL MANUFACTURER'S NAMES, BRAND NAMES AND BRAND LABELS
FOR WHICH THE MANUFACTURER HAS A LEGAL RIGHT OR INTEREST, INCLUDING
THOSE NAMES, BRAND NAMES, AND BRAND LABELS OF COMPANIES THAT HAVE BEEN
ACQUIRED BY THE MANUFACTURER OR IN WHICH THE MANUFACTURER ASSERTS A
LEGAL INTEREST SUCH AS TRADEMARK, LICENSE, SERVICE MARK, OR PATENT.
14. "MONITOR" MEANS A SEPARATE VISUAL DISPLAY COMPONENT OF A COMPUTER,
WHETHER SOLD SEPARATELY OR TOGETHER WITH A COMPUTER CENTRAL PROCESSING
UNIT, AND INCLUDES A CATHODE RAY TUBE, LIQUID CRYSTAL DISPLAY, GAS PLAS-
MA, DIGITAL LIGHT PROCESSING OR OTHER IMAGE PROJECTION TECHNOLOGY,
S. 6047--A 4
GREATER THAN FOUR INCHES WHEN MEASURED DIAGONALLY, AND ITS CASE, INTERI-
OR WIRES AND CIRCUITRY, AND ANY CABLE CORD OR WIRING PERMANENTLY AFFIXED
THERETO OR INCORPORATED INTO SUCH PRODUCT.
15. "PERSON" MEANS ANY INDIVIDUAL, BUSINESS ENTITY, PARTNERSHIP,
COMPANY, CORPORATION, NOT-FOR-PROFIT CORPORATION, ASSOCIATION, GOVERN-
MENTAL ENTITY, PUBLIC BENEFIT CORPORATION, PUBLIC AUTHORITY, FIRM,
ORGANIZATION, OR ANY OTHER GROUP OF INDIVIDUALS, OR ANY OFFICER OR
EMPLOYEE OR AGENT THEREOF.
16. "RECYCLE" MEANS TO SEPARATE, DISMANTLE OR PROCESS THE MATERIALS,
COMPONENTS OR COMMODITIES CONTAINED IN ELECTRONIC WASTE FOR THE PURPOSE
OF PREPARING THE MATERIALS, COMPONENTS OR COMMODITIES FOR USE OR REUSE
IN NEW PRODUCTS OR COMPONENTS THEREOF, BUT NOT FOR ENERGY RECOVERY OR
ENERGY GENERATION BY MEANS OF COMBUSTION, GASIFICATION, PYROLYSIS OR
OTHER MEANS. RECYCLING INCLUDES THE MANUAL AND MECHANICAL SEPARATION OF
ELECTRONIC WASTE TO RECOVER MATERIALS, COMPONENTS OR COMMODITIES
CONTAINED THEREIN FOR THE PURPOSE OF REUSE OR RECYCLING, AND CHANGING
THE PHYSICAL OR CHEMICAL COMPOSITION OF ELECTRONIC WASTE TO SEGREGATE
COMPONENTS FOR PURPOSES OF RECYCLING THOSE COMPONENTS.
17. "RETAILER" MEANS A PERSON WHO SELLS COVERED ELECTRONIC EQUIPMENT
TO A PERSON IN THE STATE THROUGH ANY MEANS, INCLUDING, BUT NOT LIMITED
TO, TRANSACTIONS CONDUCTED THROUGH RETAIL SALES OUTLETS, MAIL, CATALOGS,
THE TELEPHONE OR THE INTERNET, OR ANY ELECTRONIC MEANS. "RETAILER" DOES
NOT INCLUDE A PERSON WHO SELLS OR OFFERS FOR SALE FEWER THAN TEN ITEMS
OF COVERED ELECTRONIC EQUIPMENT DURING A CALENDAR YEAR.
18. "REUSE" MEANS THE USE OF ELECTRONIC WASTE THAT IS TESTED AND
CERTIFIED TO BE IN GOOD WORKING ORDER AND WHICH WAS REMOVED FROM THE
WASTE STREAM FOR USE FOR THE SAME PURPOSE FOR WHICH IT WAS MANUFACTURED,
INCLUDING THE CONTINUED USE OF WHOLE SYSTEMS OR COMPONENTS.
19. "SELL" OR "SALE" MEANS ANY TRANSFER FOR CONSIDERATION OF TITLE OR
THE RIGHT TO USE, FROM A MANUFACTURER OR RETAILER TO A PERSON, INCLUD-
ING, BUT NOT LIMITED TO, TRANSACTIONS CONDUCTED THROUGH RETAIL SALES
OUTLETS, CATALOGS, MAIL, THE TELEPHONE, THE INTERNET, OR ANY ELECTRONIC
MEANS; THIS INCLUDES TRANSFER OF NEW PRODUCTS OR USED PRODUCTS THAT MAY
HAVE BEEN REFURBISHED BY THEIR MANUFACTURER OR MANUFACTURER-APPROVED
PARTY AND THAT ARE OFFERED FOR SALE BY A MANUFACTURER OR RETAILER, BUT
DOES NOT INCLUDE CONSUMER-TO-CONSUMER SECOND-HAND TRANSFER. "SELL OR
SALE" DOES NOT INCLUDE: (A) THE TRANSFER OF USED COVERED ELECTRONIC
EQUIPMENT OR A LEASE OF COVERED ELECTRONIC EQUIPMENT; OR (B) WHOLESALE
TRANSACTIONS AMONG A MANUFACTURER, WHOLESALER AND RETAILER.
20. "SMALL ELECTRONIC EQUIPMENT" MEANS ANY PORTABLE DIGITAL MUSIC
PLAYER THAT HAS MEMORY CAPABILITY AND IS BATTERY-POWERED, VIDEO CASSETTE
RECORDER, A DIGITAL VIDEO DISC PLAYER, DIGITAL VIDEO RECORDER, DIGITAL
CONVERTER BOX, CABLE OR SATELLITE RECEIVER, OR ELECTRONIC OR VIDEO GAME
CONSOLE, AND INCLUDES ANY CABLE, CORD, OR WIRING PERMANENTLY AFFIXED TO
OR INCORPORATED INTO ANY SUCH PRODUCT.
21. "SMALL-SCALE SERVER" MEANS A COMPUTER THAT TYPICALLY USES DESKTOP
COMPONENTS IN A DESKTOP FORM FACTOR, BUT IS DESIGNED PRIMARILY TO BE A
STORAGE HOST FOR OTHER COMPUTERS. TO BE CONSIDERED A SMALL-SCALE SERVER,
A COMPUTER MUST HAVE THE FOLLOWING CHARACTERISTICS: DESIGNED IN A PEDES-
TAL, TOWER, OR OTHER FORM FACTOR SIMILAR TO THOSE OF DESKTOP COMPUTERS
SUCH THAT ALL DATA PROCESSING, STORAGE, AND NETWORK INTERFACING IS
CONTAINED WITHIN ONE BOX/PRODUCT; INTENDED TO BE OPERATIONAL TWENTY-FOUR
HOURS PER DAY AND SEVEN DAYS A WEEK, AND UNSCHEDULED DOWNTIME IS
EXTREMELY LOW (ON THE ORDER OF HOURS PER YEAR); IS CAPABLE OF OPERATING
IN A SIMULTANEOUS MULTI-USER ENVIRONMENT SERVING SEVERAL USERS THROUGH
S. 6047--A 5
NETWORKED CLIENT UNITS; AND DESIGNED FOR AN INDUSTRY ACCEPTED OPERATING
SYSTEM FOR HOME OR LOW-END SERVER APPLICATIONS.
22. "TELEVISION" MEANS A DISPLAY SYSTEM CONTAINING A CATHODE RAY TUBE
OR ANY OTHER TYPE OF DISPLAY PRIMARILY INTENDED TO RECEIVE VIDEO
PROGRAMMING VIA BROADCAST, CABLE OR SATELLITE TRANSMISSION, HAVING A
VIEWABLE AREA GREATER THAN FOUR INCHES WHEN MEASURED DIAGONALLY.
S 27-2603. MANUFACTURER COLLECTION; RECYCLING SURCHARGE.
1. (A) BEGINNING JULY FIRST, TWO THOUSAND ELEVEN, A MANUFACTURER OF
COVERED ELECTRONIC EQUIPMENT MUST ACCEPT FOR COLLECTION, HANDLING AND
RECYCLING OR REUSE ELECTRONIC WASTE FOR WHICH IT IS THE MANUFACTURER.
SUCH WASTE SHALL COUNT TOWARD THE AMOUNT OF ELECTRONIC WASTE REQUIRED TO
BE ACCEPTED PURSUANT TO SUBDIVISION FOUR OF THIS SECTION.
(B) BEGINNING JULY FIRST, TWO THOUSAND ELEVEN, A MANUFACTURER OF
COVERED ELECTRONIC EQUIPMENT SHALL PROVIDE AN OPPORTUNITY TO TAKE FOR
COLLECTION, HANDLING AND RECYCLING OR REUSE ONE PIECE OF ELECTRONIC
WASTE OF ANY MANUFACTURER'S BRAND, WITH THE PURCHASE OF COVERED ELEC-
TRONIC EQUIPMENT OF THE SAME TYPE BY A CONSUMER. SUCH WASTE SHALL COUNT
TOWARD THE AMOUNT OF THE ELECTRONIC WASTE REQUIRED TO BE ACCEPTED PURSU-
ANT TO SUBDIVISION FOUR OF THIS SECTION.
2. BEGINNING JULY FIRST, TWO THOUSAND ELEVEN, EACH MANUFACTURER MUST
ACCEPT FOR COLLECTION, HANDLING AND RECYCLING OR REUSE THE MANUFACTUR-
ER'S ACCEPTANCE STANDARD AS SPECIFIED IN SUBDIVISION FOUR OF THIS
SECTION.
3. STATEWIDE RECYCLING OR REUSE GOAL. (A) FOR THE PERIOD FROM JULY
FIRST, TWO THOUSAND ELEVEN THROUGH DECEMBER THIRTY-FIRST, TWO THOUSAND
ELEVEN, THE STATEWIDE RECYCLING OR REUSE GOAL FOR ELECTRONIC WASTE SHALL
BE THE PRODUCT OF THE LATEST POPULATION ESTIMATE FOR THE STATE, AS
PUBLISHED BY THE U.S. CENSUS BUREAU ON JANUARY FIRST, TWO THOUSAND TEN
MULTIPLIED BY THREE POUNDS MULTIPLIED BY ONE-HALF.
(B) FOR CALENDAR YEAR TWO THOUSAND TWELVE, THE STATEWIDE RECYCLING OR
REUSE GOAL FOR ALL ELECTRONIC WASTE SHALL BE THE PRODUCT OF THE LATEST
POPULATION ESTIMATE, AS PUBLISHED BY THE U.S. CENSUS BUREAU MULTIPLIED
BY FOUR POUNDS.
(C) FOR CALENDAR YEAR TWO THOUSAND THIRTEEN, THE STATEWIDE RECYCLING
OR REUSE GOAL FOR ALL ELECTRONIC WASTE SHALL BE THE PRODUCT OF THE
LATEST POPULATION ESTIMATE, AS PUBLISHED BY THE U.S. CENSUS BUREAU
MULTIPLIED BY FIVE POUNDS.
(D) FOR CALENDAR YEAR TWO THOUSAND FOURTEEN AND ANNUALLY THEREAFTER,
THE STATEWIDE RECYCLING OR REUSE GOAL FOR ALL ELECTRONIC WASTE IS THE
PRODUCT OF THE BASE WEIGHT MULTIPLIED BY THE GOAL ATTAINMENT PERCENTAGE.
FOR THE PURPOSES OF THIS PARAGRAPH, "BASE WEIGHT" MEANS THE GREATER OF:
(I) THE AVERAGE WEIGHT OF ALL ELECTRONIC WASTE COLLECTED FOR RECYCLING
OR REUSE DURING THE PREVIOUS THREE CALENDAR YEARS AS REPORTED TO THE
DEPARTMENT PURSUANT TO PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION
27-2617 OF THIS TITLE; OR (II) THE THREE YEAR AVERAGE OF THE SUM OF ALL
ELECTRONIC WASTE COLLECTED FOR RECYCLING OR REUSE DURING THE PREVIOUS
THREE CALENDAR YEARS AS REPORTED TO THE DEPARTMENT PURSUANT TO PARAGRAPH
(B) OF SUBDIVISION ONE, PARAGRAPH (B) OF SUBDIVISION TWO AND PARAGRAPH
(B) OF SUBDIVISION THREE OF SECTION 27-2613 OF THIS TITLE.
(E) THE "GOAL ATTAINMENT PERCENTAGE" MEANS:
(I) NINETY PERCENT IF THE BASE WEIGHT IS LESS THAN NINETY PERCENT OF
THE STATEWIDE RECYCLING OR REUSE GOAL FOR THE PREVIOUS CALENDAR YEAR;
(II) NINETY-FIVE PERCENT IF THE BASE WEIGHT IS NINETY PERCENT OR
GREATER, BUT DOES NOT EXCEED NINETY-FIVE PERCENT OF THE STATEWIDE RECY-
CLING OR REUSE GOAL FOR THE PREVIOUS CALENDAR YEAR;
S. 6047--A 6
(III) ONE HUNDRED PERCENT IF THE BASE WEIGHT IS NINETY-FIVE PERCENT OR
GREATER, BUT DOES NOT EXCEED ONE HUNDRED FIVE PERCENT OF THE STATEWIDE
RECYCLING OR REUSE GOAL FOR THE PREVIOUS CALENDAR YEAR;
(IV) ONE HUNDRED FIVE PERCENT IF THE BASE WEIGHT IS ONE HUNDRED FIVE
PERCENT OR GREATER, BUT DOES NOT EXCEED ONE HUNDRED TEN PERCENT OF THE
STATEWIDE RECYCLING OR REUSE GOAL FOR THE PREVIOUS CALENDAR YEAR; AND
(V) ONE HUNDRED TEN PERCENT IF THE BASE WEIGHT IS ONE HUNDRED TEN
PERCENT OR GREATER OF THE STATEWIDE RECYCLING OR REUSE GOAL FOR THE
PREVIOUS CALENDAR YEAR.
4. MANUFACTURER ACCEPTANCE STANDARD. (A) FOR CALENDAR YEAR TWO THOU-
SAND ELEVEN, EACH MANUFACTURER'S ACCEPTANCE STANDARD IS THE PRODUCT OF
THE STATEWIDE RECYCLING OR REUSE GOAL UNDER PARAGRAPH (A) OF SUBDIVISION
THREE OF THIS SECTION MULTIPLIED BY THAT MANUFACTURER'S MARKET SHARE AS
DETERMINED BY THE DEPARTMENT PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVI-
SION.
(B) FOR CALENDAR YEAR TWO THOUSAND TWELVE AND ANNUALLY THEREAFTER,
EACH MANUFACTURER'S ACCEPTANCE STANDARD IS THE PRODUCT OF THE STATEWIDE
RECYCLING OR REUSE GOAL UNDER PARAGRAPH (B), (C) OR (D) OF SUBDIVISION
THREE OF THIS SECTION AS APPROPRIATE MULTIPLIED BY THAT MANUFACTURER'S
MARKET SHARE PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION.
(C) EACH MANUFACTURER'S MARKET SHARE OF ELECTRONIC WASTE SHALL BE
DETERMINED BY THE DEPARTMENT BASED ON THE MANUFACTURER'S PERCENTAGE
SHARE OF THE TOTAL WEIGHT OF COVERED ELECTRONIC EQUIPMENT SOLD AS DETER-
MINED BY THE BEST AVAILABLE INFORMATION, INCLUDING, BUT NOT LIMITED TO,
STATE SALES DATA REPORTED BY WEIGHT. BEGINNING JULY FIRST, TWO THOUSAND
ELEVEN, AND EVERY YEAR THEREAFTER, THE DEPARTMENT SHALL PROVIDE EACH
MANUFACTURER WITH A DETERMINATION OF ITS MARKET SHARE OF ELECTRONIC
WASTE WHICH SHALL BE THE QUOTIENT OF THE TOTAL WEIGHT OF THE MANUFACTUR-
ER'S COVERED ELECTRONIC EQUIPMENT SOLD TO PERSONS IN THIS STATE BASED ON
THE AVERAGE ANNUAL RETAIL SALES DURING THE PRECEDING THREE CALENDAR
YEARS, AS REPORTED UNDER SECTION 27-2617 OF THIS TITLE DIVIDED BY THE
TOTAL WEIGHT OF ALL MANUFACTURERS COVERED ELECTRONIC EQUIPMENT SOLD TO
PERSONS IN THIS STATE BASED ON THE AVERAGE ANNUAL RETAIL SALES DURING
THE PRECEDING THREE CALENDAR YEARS, AS REPORTED UNDER SECTION 27-2617 OF
THIS TITLE.
5. IN THE ABSENCE OF A WAIVER BY THE DEPARTMENT PURSUANT TO SUBDIVI-
SION THREE OF SECTION 27-2615 OF THIS TITLE, BEGINNING IN CALENDAR YEAR
TWO THOUSAND THIRTEEN, A MANUFACTURER THAT FAILS TO MEET ITS MANUFACTUR-
ER'S ACCEPTANCE STANDARD AS REQUIRED BY SUBDIVISION FOUR OF THIS SECTION
SHALL BE SUBJECT TO A RECYCLING SURCHARGE, DETERMINED AS FOLLOWS:
(A) IF A MANUFACTURER ACCEPTS AT LEAST NINETY PERCENT BUT LESS THAN
ONE HUNDRED PERCENT OF ITS MANUFACTURER'S ACCEPTANCE STANDARD AS
REQUIRED BY SUBDIVISION FOUR OF THIS SECTION, THE SURCHARGE SHALL BE
THIRTY CENTS MULTIPLIED BY THE NUMBER OF ADDITIONAL POUNDS OF ELECTRONIC
WASTE THAT SHOULD HAVE BEEN ACCEPTED BY SUCH MANUFACTURER.
(B) IF A MANUFACTURER ACCEPTS AT LEAST FIFTY PERCENT BUT LESS THAN
NINETY PERCENT OF ITS MANUFACTURER'S ACCEPTANCE STANDARD AS REQUIRED BY
SUBDIVISION FOUR OF THIS SECTION, THE SURCHARGE SHALL BE FORTY CENTS
MULTIPLIED BY THE NUMBER OF ADDITIONAL POUNDS OF ELECTRONIC WASTE THAT
SHOULD HAVE BEEN ACCEPTED BY SUCH MANUFACTURER.
(C) IF A MANUFACTURER ACCEPTS LESS THAN FIFTY PERCENT OF ITS MANUFAC-
TURER'S ACCEPTANCE STANDARD AS REQUIRED BY SUBDIVISION FOUR OF THIS
SECTION, THE SURCHARGE SHALL BE FIFTY CENTS MULTIPLIED BY THE NUMBER OF
ADDITIONAL POUNDS OF ELECTRONIC WASTE THAT SHOULD HAVE BEEN ACCEPTED BY
SUCH MANUFACTURER.
S. 6047--A 7
6. THE RECYCLING SURCHARGE SHALL BE PAID TO THE DEPARTMENT WITH THE
ANNUAL REPORT REQUIRED PURSUANT TO SECTION 27-2617 OF THIS TITLE.
7. BEGINNING WITH CALENDAR YEAR TWO THOUSAND FOURTEEN, IF A MANUFAC-
TURER ACCEPTS MORE THAN ITS MANUFACTURER'S ACCEPTANCE STANDARD AS
REQUIRED BY SUBDIVISION FOUR OF THIS SECTION, THE EXCESS WEIGHT MAY BE
USED AS ELECTRONIC WASTE ACCEPTANCE CREDITS AND MAY BE SOLD, TRADED, OR
BANKED FOR A PERIOD NO LONGER THAN THREE CALENDAR YEARS SUCCEEDING THE
YEAR IN WHICH THE CREDITS WERE EARNED; PROVIDED, HOWEVER, THAT NO MORE
THAN TWENTY-FIVE PERCENT OF A MANUFACTURER'S OBLIGATION FOR ANY CALENDAR
YEAR MAY BE MET WITH RECYCLING CREDITS GENERATED IN A PRIOR CALENDAR
YEAR.
S 27-2605. MANUFACTURER ELECTRONIC WASTE REGISTRATION AND RESPONSIBIL-
ITIES.
1. A MANUFACTURER SHALL SUBMIT A REGISTRATION TO THE DEPARTMENT BY
JANUARY FIRST, TWO THOUSAND ELEVEN, ALONG WITH A REGISTRATION FEE OF
FIVE THOUSAND DOLLARS. SUCH REGISTRATION SHALL INCLUDE:
(A) THE MANUFACTURER'S NAME, ADDRESS, AND TELEPHONE NUMBER;
(B) THE NAME AND TITLE OF AN OFFICER, DIRECTOR, OR OTHER INDIVIDUAL
DESIGNATED AS THE MANUFACTURER'S CONTACT FOR PURPOSES OF THIS TITLE;
(C) A LIST IDENTIFYING THE MANUFACTURER'S BRANDS;
(D) A GENERAL DESCRIPTION OF THE MANNER IN WHICH THE MANUFACTURER WILL
COMPLY WITH SECTION 27-2603 OF THIS TITLE, INCLUDING SPECIFIC INFORMA-
TION ON THE MANUFACTURER'S ELECTRONIC WASTE ACCEPTANCE PROGRAM IN THE
STATE, AND A CURRENT LIST OF LOCATIONS WITHIN THE STATE WHERE CONSUMERS
MAY RETURN ELECTRONIC WASTE;
(E) SALES DATA REPORTED BY WEIGHT FOR THE MANUFACTURER'S COVERED ELEC-
TRONIC EQUIPMENT SOLD IN THIS STATE FOR THE PREVIOUS THREE CALENDAR
YEARS, CATEGORIZED BY TYPE TO THE EXTENT KNOWN. IF THE MANUFACTURER
CANNOT PROVIDE ACCURATE STATE SALES DATA, IT MUST EXPLAIN WHY SUCH DATA
CANNOT BE PROVIDED, AND ESTIMATE STATE SALES DATA BY (I) DIVIDING ITS
NATIONAL SALES DATA BY WEIGHT BY THE NATIONAL POPULATION ACCORDING TO
THE MOST RECENT CENSUS AND MULTIPLYING THE RESULT BY THE POPULATION OF
THE STATE, OR (II) ANOTHER METHOD APPROVED BY THE DEPARTMENT;
(F) A STATEMENT DISCLOSING WHETHER: (I) ANY COVERED ELECTRONIC DEVICE
SOLD IN THIS STATE EXCEEDS THE MAXIMUM CONCENTRATION VALUES ESTABLISHED
FOR LEAD, MERCURY, CADMIUM, HEXAVALENT CHROMIUM, POLYBROMINATED BIPHE-
NYLS (PBBS), AND POLYBROMINATED DIPHENYL ETHERS (PBDES) UNDER THE
RESTRICTION OF HAZARDOUS SUBSTANCES DIRECTIVE (ROHS) PURSUANT TO
2002/95/EC OF THE EUROPEAN PARLIAMENT AND COUNCIL AND ANY AMENDMENTS
THERETO AND IF SO, A LISTING OF ANY COVERED ELECTRONIC EQUIPMENT THAT IS
NOT IN COMPLIANCE WITH SUCH DIRECTIVE; OR (II) THE MANUFACTURER HAS
RECEIVED AN EXEMPTION FROM ONE OR MORE OF THOSE MAXIMUM CONCENTRATION
VALUES UNDER THE ROHS DIRECTIVE THAT HAS BEEN APPROVED AND PUBLISHED BY
THE EUROPEAN COMMISSION; AND
(G) ANY OTHER INFORMATION AS THE DEPARTMENT MAY REQUIRE.
2. A MANUFACTURER'S REGISTRATION MUST BE UPDATED WITHIN THIRTY DAYS OF
ANY MATERIAL CHANGE TO THE INFORMATION REQUIRED BY THE REGISTRATION.
3. ANY PERSON WHO BECOMES A MANUFACTURER ON OR AFTER JANUARY FIRST,
TWO THOUSAND ELEVEN SHALL REGISTER WITH THE DEPARTMENT PRIOR TO SELLING
OR OFFERING FOR SALE IN THE STATE ANY COVERED ELECTRONIC EQUIPMENT, AND
MUST COMPLY WITH THE REQUIREMENTS OF THIS TITLE.
4. NO LATER THAN JULY FIRST, TWO THOUSAND ELEVEN, A MANUFACTURER SHALL
NOT SELL OR OFFER FOR SALE ELECTRONIC EQUIPMENT IN THE STATE UNLESS THE
MANUFACTURER HAS REGISTERED WITH THE DEPARTMENT AND MAINTAINS AN ELEC-
TRONIC WASTE ACCEPTANCE PROGRAM THROUGH WHICH THE MANUFACTURER, EITHER
DIRECTLY OR THROUGH AN AGENT OR DESIGNEE, ACCEPTS ELECTRONIC WASTE FROM
S. 6047--A 8
CONSUMERS IN THE STATE FOR RECYCLING. THE MANUFACTURER SHALL ENSURE
THAT RETAILERS ARE NOTIFIED OF SUCH REGISTRATION. THE MANUFACTURER
SHALL NOT IMPOSE A FEE ON CONSUMERS FOR THE COLLECTION, HANDLING AND
RECYCLING OR REUSE OF ELECTRONIC WASTE; PROVIDED, HOWEVER, THAT A FEE OR
OTHER CHARGE MAY BE ASSESSED TO RECOUP THE COST OF COLLECTION, HANDLING
AND RECYCLING OR REUSE OF ELECTRONIC WASTE FROM ANY FOR PROFIT OR
NOT-FOR-PROFIT CORPORATION HAVING MORE THAN TWENTY-FIVE FULL-TIME
EMPLOYEES.
5. THE ELECTRONIC WASTE ACCEPTANCE PROGRAM SHALL INCLUDE, AT A MINI-
MUM:
(A) COLLECTION, HANDLING AND RECYCLING OR REUSE OF COVERED ELECTRONIC
EQUIPMENT PRODUCED BY THE MANUFACTURER AND OFFERED FOR RETURN BY ANY
CONSUMER IN THIS STATE, FREE OF COST AND IN A MANNER CONVENIENT TO
CONSUMERS. THE FOLLOWING ACCEPTANCE METHODS SHALL BE CONSIDERED REASON-
ABLY CONVENIENT: (I) MAIL OR SHIP BACK RETURN PROGRAMS; (II) COLLECTION
OR ACCEPTANCE EVENTS CONDUCTED BY THE MANUFACTURER OR THE MANUFACTURER'S
AGENT OR DESIGNEE, INCLUDING EVENTS CONDUCTED THROUGH LOCAL GOVERNMENTS
OR PRIVATE PARTIES; (III) FIXED ACCEPTANCE LOCATIONS SUCH AS DEDICATED
ACCEPTANCE SITES OPERATED BY THE MANUFACTURER OR ITS AGENT OR DESIGNEE;
(IV) AGREEMENTS WITH LOCAL GOVERNMENTS, RETAIL STORES, SALES OUTLETS AND
NOT-FOR-PROFIT ORGANIZATIONS WHICH HAVE AGREED TO PROVIDE FACILITIES FOR
THE COLLECTION OF ELECTRONIC WASTE; (V) COMMUNITY COLLECTION EVENTS; AND
(VI) ANY COMBINATION OF THESE OR OTHER ACCEPTANCE METHODS WHICH EFFEC-
TIVELY PROVIDE FOR THE ACCEPTANCE OF ELECTRONIC WASTE FOR RECYCLING OR
REUSE THROUGH MEANS THAT ARE AVAILABLE AND REASONABLY CONVENIENT TO
CONSUMERS IN THE STATE. AT A MINIMUM, THE MANUFACTURER SHALL ENSURE THAT
ALL COUNTIES OF THE STATE AND ALL MUNICIPALITIES WHICH HAVE A POPULATION
OF TEN THOUSAND OR GREATER HAVE AT LEAST ONE METHOD OF ACCEPTANCE THAT
IS AVAILABLE WITHIN THAT MUNICIPALITY. THE DEPARTMENT MAY ESTABLISH
ADDITIONAL REQUIREMENTS TO ENSURE CONVENIENT COLLECTION FROM CONSUMERS;
(B) INFORMATION ON HOW CONSUMERS CAN DESTROY ALL DATA ON ANY ELECTRON-
IC WASTE, EITHER THROUGH PHYSICAL DESTRUCTION OF THE HARD DRIVE OR
THROUGH DATA WIPING;
(C) A PUBLIC EDUCATION PROGRAM TO INFORM CONSUMERS ABOUT THE MANUFAC-
TURER'S ELECTRONIC WASTE ACCEPTANCE PROGRAM, INCLUDING AT A MINIMUM: (I)
AN INTERNET WEBSITE AND A TOLL-FREE TELEPHONE NUMBER AND WRITTEN INFOR-
MATION INCLUDED IN THE PACKAGE FOR, OR AT THE TIME OF SALE OF, COVERED
ELECTRONIC EQUIPMENT THAT PROVIDES SUFFICIENT INFORMATION TO ALLOW A
CONSUMER OF COVERED ELECTRONIC EQUIPMENT TO LEARN HOW TO RETURN THE
COVERED EQUIPMENT FOR RECYCLING OR REUSE, AND IN THE CASE OF MANUFACTUR-
ERS OF COMPUTERS, HARD DRIVES AND OTHER COVERED ELECTRONIC EQUIPMENT
THAT HAVE INTERNAL MEMORY ON WHICH PERSONAL OR OTHER CONFIDENTIAL DATA
CAN BE STORED, SUCH WEBSITE SHALL PROVIDE INSTRUCTIONS FOR HOW CONSUMERS
CAN DESTROY SUCH DATA BEFORE SURRENDERING THE PRODUCTS FOR RECYCLING OR
REUSE; (II) ADVERTISEMENTS AND PRESS RELEASES IF ANY; AND
(D) ANY OTHER INFORMATION AS REQUIRED BY THE DEPARTMENT IN ACCORDANCE
WITH REGULATIONS PROMULGATED PURSUANT TO THIS ARTICLE.
6. A MANUFACTURER SHALL MAINTAIN RECORDS DEMONSTRATING COMPLIANCE WITH
THIS TITLE AND MAKE THEM AVAILABLE FOR AUDIT AND INSPECTION BY THE
DEPARTMENT FOR A PERIOD OF THREE YEARS.
7. A MANUFACTURER MAY SATISFY THE ELECTRONIC WASTE COLLECTION REQUIRE-
MENTS OF THIS SECTION BY AGREEING TO PARTICIPATE IN A COLLECTIVE ELEC-
TRONIC WASTE ACCEPTANCE PROGRAM WITH OTHER MANUFACTURERS. ANY SUCH
COLLECTIVE ELECTRONIC WASTE ACCEPTANCE PROGRAM MUST MEET THE SAME
REQUIREMENTS AS AN INDIVIDUAL MANUFACTURER. ANY COLLECTIVE ELECTRONIC
WASTE ACCEPTANCE PROGRAM MUST INCLUDE A LIST OF MANUFACTURERS THAT ARE
S. 6047--A 9
PARTICIPATING IN SUCH PROGRAM ALONG WITH OTHER IDENTIFYING INFORMATION
AS MAY BE REQUIRED BY THE DEPARTMENT. SUCH PROGRAM SHALL SUBMIT A REGIS-
TRATION TO THE DEPARTMENT ALONG WITH A REGISTRATION FEE OF TEN THOUSAND
DOLLARS.
8. A MANUFACTURER SHALL BE RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH
THE IMPLEMENTATION OF THE ELECTRONIC WASTE ACCEPTANCE PROGRAM; PROVIDED,
HOWEVER, THAT A FEE OR OTHER CHARGE MAY BE ASSESSED TO RECOUP THE COST
OF ACCEPTING AND RECYCLING OR REUSE OF ELECTRONIC WASTE FROM ANY FOR
PROFIT OR NOT-FOR-PROFIT CORPORATION HAVING MORE THAN TWENTY-FIVE FULL-
TIME EMPLOYEES.
S 27-2607. RETAILER REQUIREMENTS.
1. AT THE LOCATION OF SALE OF COVERED ELECTRONIC EQUIPMENT, A RETAILER
SHALL PROVIDE PURCHASERS OF COVERED ELECTRONIC EQUIPMENT WITH INFORMA-
TION, IF ANY, ABOUT OPPORTUNITIES FOR THE RETURN OF ELECTRONIC WASTE
THAT HAS BEEN PROVIDED TO THE RETAILER BY A MANUFACTURER.
2. NO RETAILER SHALL SELL OR OFFER FOR SALE IN THE STATE ANY COVERED
ELECTRONIC EQUIPMENT UNLESS THE MANUFACTURER AND THE MANUFACTURER'S
BRANDS ARE REGISTERED WITH THE DEPARTMENT PURSUANT TO SECTION 27-2605 OF
THIS TITLE. PROVIDED, HOWEVER, IF A MANUFACTURER'S REGISTRATION IS
REVOKED OR EXPIRED AND THE RETAILER TOOK POSSESSION OF A COVERED ELEC-
TRONIC DEVICE BEFORE THE REGISTRATION WAS REVOKED OR EXPIRED, THE
RETAILER MAY SELL THE COVERED ELECTRONIC DEVICE TO A HOUSEHOLD OR
SCHOOL, BUT ONLY IF THE SALE TAKES PLACE FEWER THAN ONE HUNDRED EIGHTY
DAYS AFTER THE REVOCATION OR EXPIRATION.
S 27-2609. LABELING.
BEGINNING JULY FIRST, TWO THOUSAND ELEVEN, A MANUFACTURER MAY NOT
OFFER FOR SALE IN THE STATE OR DELIVER TO RETAILERS FOR SUBSEQUENT SALE
COVERED ELECTRONIC EQUIPMENT UNLESS IT HAS A VISIBLE, PERMANENT LABEL
CLEARLY IDENTIFYING THE MANUFACTURER OF THAT EQUIPMENT.
S 27-2611. DISPOSAL BAN.
1. BEGINNING JULY FIRST, TWO THOUSAND ELEVEN, NO MANUFACTURER, RETAIL-
ER, OR OWNER OR OPERATOR OF AN ELECTRONIC WASTE COLLECTION SITE, ELEC-
TRONIC WASTE CONSOLIDATION FACILITY OR ELECTRONIC WASTE RECYCLING FACIL-
ITY IN THE STATE SHALL DISPOSE OF ELECTRONIC WASTE AT A SOLID WASTE
MANAGEMENT FACILITY OR HAZARDOUS WASTE MANAGEMENT FACILITY, OR PLACE
ELECTRONIC WASTE FOR COLLECTION WHICH IS INTENDED FOR DISPOSAL AT A
SOLID WASTE MANAGEMENT FACILITY OR HAZARDOUS WASTE MANAGEMENT FACILITY.
2. BEGINNING JANUARY FIRST, TWO THOUSAND TWELVE, NO PERSON EXCEPT FOR
AN INDIVIDUAL OR HOUSEHOLD SHALL PLACE OR DISPOSE OF ANY ELECTRONIC
WASTE IN ANY SOLID WASTE MANAGEMENT FACILITY, OR PLACE ELECTRONIC WASTE
FOR COLLECTION WHICH IS INTENDED FOR DISPOSAL AT A SOLID WASTE MANAGE-
MENT FACILITY OR HAZARDOUS WASTE MANAGEMENT FACILITY IN THIS STATE.
PERSONS ENGAGED IN THE COLLECTION OF SOLID WASTE FOR DELIVERY TO A SOLID
WASTE MANAGEMENT FACILITY SHALL PROVIDE WRITTEN INFORMATION TO USERS OF
SUCH FACILITY ON THE PROPER METHODS FOR THE RECYCLING OF ELECTRONIC
WASTE.
3. BEGINNING JANUARY FIRST, TWO THOUSAND SIXTEEN, NO INDIVIDUAL OR
HOUSEHOLD SHALL PLACE OR DISPOSE OF ANY ELECTRONIC WASTE IN ANY SOLID
WASTE MANAGEMENT FACILITY, OR PLACE ELECTRONIC WASTE FOR COLLECTION
WHICH IS INTENDED FOR DISPOSAL AT A SOLID WASTE MANAGEMENT FACILITY OR
HAZARDOUS WASTE MANAGEMENT FACILITY IN THIS STATE.
4. BEGINNING JANUARY FIRST, TWO THOUSAND TWELVE, AN OWNER OR OPERATOR
OF A SOLID WASTE MANAGEMENT FACILITY OR HAZARDOUS WASTE MANAGEMENT
FACILITY SHALL EDUCATE USERS OF SUCH FACILITY ON THE PROPER METHODS FOR
THE MANAGEMENT OF ELECTRONIC WASTE. SUCH EDUCATION SHALL INCLUDE:
S. 6047--A 10
(A) PROVIDING WRITTEN INFORMATION TO USERS OF SUCH FACILITY ON THE
PROPER METHODS FOR RECYCLING OF ELECTRONIC WASTE; AND
(B) POSTING, IN CONSPICUOUS LOCATIONS AT SUCH FACILITY, SIGNS STATING
THAT ELECTRONIC WASTE MAY NOT BE DISPOSED OF AT THE FACILITY.
S 27-2613. ELECTRONIC WASTE COLLECTION, CONSOLIDATION AND RECYCLING.
1. ELECTRONIC WASTE COLLECTION SITES. NO LATER THAN JULY FIRST, TWO
THOUSAND ELEVEN, EACH PERSON WHO OWNS OR OPERATES AN ELECTRONIC WASTE
COLLECTION SITE IN THE STATE SHALL:
(A) REGISTER WITH THE DEPARTMENT ON A FORM PRESCRIBED BY THE DEPART-
MENT. THE REGISTRATION SHALL INCLUDE: (I) THE NAME, ADDRESS, AND TELE-
PHONE NUMBER OF THE OWNERS AND THE OPERATORS OF THE ELECTRONIC WASTE
COLLECTION SITE; AND (II) THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE
ELECTRONIC WASTE COLLECTION SITE. ANY PERSON WHO COMMENCES THE OPERATION
OF AN ELECTRONIC WASTE COLLECTION SITE ON OR AFTER JULY FIRST, TWO THOU-
SAND ELEVEN SHALL REGISTER WITH THE DEPARTMENT AT LEAST THIRTY DAYS
PRIOR TO RECEIVING ANY ELECTRONIC WASTE AT SUCH COLLECTION SITE. A
REGISTRATION IS EFFECTIVE UPON ACCEPTANCE BY THE DEPARTMENT. IN THE CASE
OF COLLECTION SITES OPERATED BY A RETAILER, A SINGLE REGISTRATION LIST-
ING THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE INDIVIDUAL COLLECTION
SITES MAY BE SUBMITTED COVERING ALL THEIR COLLECTION SITES;
(B) BEGINNING MARCH FIRST, TWO THOUSAND TWELVE, EACH PERSON OPERATING
AN ELECTRONIC WASTE COLLECTION SITE SHALL SUBMIT TO THE DEPARTMENT A
REPORT FOR THE PERIOD JULY FIRST, TWO THOUSAND ELEVEN THROUGH DECEMBER
THIRTY-FIRST, TWO THOUSAND ELEVEN, AND THEREAFTER, AN ANNUAL REPORT FOR
THE PREVIOUS CALENDAR YEAR, ON A FORM PRESCRIBED BY THE DEPARTMENT,
INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING INFORMATION: (I) THE QUAN-
TITY, BY WEIGHT, OF ELECTRONIC WASTE RECEIVED FROM CONSUMERS IN THE
STATE; (II) THE NAME AND ADDRESS OF EACH PERSON TO WHOM THE ELECTRONIC
WASTE COLLECTION SITE SENT ELECTRONIC WASTE DURING THE PRECEDING YEAR,
ALONG WITH THE QUANTITY, BY WEIGHT, OF ELECTRONIC WASTE THAT WAS SENT TO
EACH SUCH PERSON; AND (III) THE WEIGHT OF ELECTRONIC WASTE COLLECTED ON
BEHALF OF OR PURSUANT TO AN AGREEMENT WITH EACH MANUFACTURER DURING THE
PRECEDING CALENDAR YEAR. ALL QUANTITIES OF ELECTRONIC WASTE REPORTED BY
THE COLLECTION SITE MUST SEPARATELY INCLUDE ELECTRONIC WASTE GENERATED
BY NEW YORK STATE CONSUMERS AND ELECTRONIC WASTE RECEIVED FROM OR
SHIPPED OUTSIDE THE STATE;
(C) MANAGE ELECTRONIC WASTE IN A MANNER THAT COMPLIES WITH ALL APPLI-
CABLE LAWS, RULES AND REGULATIONS;
(D) STORE ELECTRONIC WASTE (I) IN A FULLY ENCLOSED BUILDING WITH A
ROOF, FLOOR AND WALLS, OR (II) IN A SECURE CONTAINER (E.G., PACKAGE OR
VEHICLE), THAT IS CONSTRUCTED AND MAINTAINED TO MINIMIZE BREAKAGE OF
ELECTRONIC WASTE AND TO PREVENT RELEASES OF HAZARDOUS MATERIALS TO THE
ENVIRONMENT;
(E) REMOVE ELECTRONIC WASTE FROM THE SITE WITHIN ONE YEAR OF THE
WASTE'S RECEIPT AT THE SITE, AND MAINTAIN RECORDS DEMONSTRATING COMPLI-
ANCE WITH THIS REQUIREMENT.
2. ELECTRONIC WASTE CONSOLIDATION FACILITIES. (A) NO LATER THAN JULY
FIRST, TWO THOUSAND ELEVEN, EACH PERSON WHO OPERATES AN ELECTRONIC WASTE
CONSOLIDATION FACILITY IN THE STATE SHALL REGISTER WITH THE DEPARTMENT
ON A FORM PRESCRIBED BY THE DEPARTMENT. THE REGISTRATION SHALL INCLUDE:
(I) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE OWNER AND THE OPERATOR
OF THE FACILITY; AND (II) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE
ELECTRONIC WASTE CONSOLIDATION FACILITY. ANY PERSON WHO COMMENCES THE
OPERATION OF AN ELECTRONIC WASTE CONSOLIDATION FACILITY ON OR AFTER JULY
FIRST, TWO THOUSAND ELEVEN SHALL REGISTER WITH THE DEPARTMENT AT LEAST
THIRTY DAYS PRIOR TO RECEIVING ANY ELECTRONIC WASTE. A REGISTRATION IS
S. 6047--A 11
EFFECTIVE UPON ACCEPTANCE BY THE DEPARTMENT. ANY REGISTRATION REQUIRED
BY THIS PARAGRAPH SHALL BE ACCOMPANIED BY A REGISTRATION FEE OF TWO
HUNDRED FIFTY DOLLARS.
(B) BEGINNING MARCH FIRST, TWO THOUSAND TWELVE, EACH PERSON OPERATING
AN ELECTRONIC WASTE CONSOLIDATION FACILITY SHALL SUBMIT TO THE DEPART-
MENT A REPORT FOR THE PERIOD JULY FIRST, TWO THOUSAND ELEVEN THROUGH
DECEMBER THIRTY-FIRST, TWO THOUSAND ELEVEN, AND THEREAFTER, AN ANNUAL
REPORT FOR THE PREVIOUS CALENDAR YEAR, ON A FORM PRESCRIBED BY THE
DEPARTMENT, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING INFORMATION:
(I) THE NAME AND ADDRESS OF EACH ELECTRONIC WASTE COLLECTION SITE FROM
WHICH THE CONSOLIDATION FACILITY RECEIVED ELECTRONIC WASTE DURING THE
PRECEDING YEAR, ALONG WITH THE QUANTITY, BY WEIGHT, OF ELECTRONIC WASTE
RECEIVED FROM EACH COLLECTION SITE; (II) THE NAME AND ADDRESS OF EACH
PERSON TO WHOM THE ELECTRONIC WASTE CONSOLIDATION FACILITY SENT ELEC-
TRONIC WASTE DURING THE PRECEDING YEAR, ALONG WITH THE QUANTITY, BY
WEIGHT, OF ELECTRONIC WASTE THAT WAS SENT TO EACH SUCH PERSON; (III) THE
WEIGHT OF ELECTRONIC WASTE COLLECTED ON BEHALF OF OR PURSUANT TO AN
AGREEMENT WITH EACH MANUFACTURER DURING THE PRECEDING CALENDAR YEAR; AND
(IV) A CERTIFICATION BY THE OWNER OR OPERATOR OF THE ELECTRONIC WASTE
CONSOLIDATION FACILITY THAT SUCH A FACILITY HAS COMPLIED WITH THE
REQUIREMENTS OF THIS TITLE AND ALL OTHER APPLICABLE LAWS, RULES, AND
REGULATIONS. ALL QUANTITIES OF ELECTRONIC WASTE REPORTED BY THE CONSOL-
IDATION FACILITY MUST SEPARATELY INCLUDE ELECTRONIC WASTE GENERATED BY
NEW YORK STATE CONSUMERS AND ELECTRONIC WASTE RECEIVED FROM OR SHIPPED
OUTSIDE THE STATE.
(C) EACH PERSON OPERATING AN ELECTRONIC WASTE CONSOLIDATION FACILITY
SHALL:
(I) MANAGE ELECTRONIC WASTE IN A MANNER THAT COMPLIES WITH ALL APPLI-
CABLE LAWS, RULES AND REGULATIONS;
(II) STORE ELECTRONIC WASTE (A) IN A FULLY ENCLOSED BUILDING WITH A
ROOF, FLOOR AND WALLS, OR (B) IN A SECURE CONTAINER (E.G., PACKAGE OR
VEHICLE), THAT IS CONSTRUCTED AND MAINTAINED TO MINIMIZE BREAKAGE OF
ELECTRONIC WASTE AND TO PREVENT RELEASES OF HAZARDOUS MATERIALS TO THE
ENVIRONMENT;
(III) HAVE A MEANS TO CONTROL ENTRY, AT ALL TIMES, TO THE ACTIVE
PORTION OF THE FACILITY;
(IV) INFORM ALL EMPLOYEES WHO HANDLE OR HAVE RESPONSIBILITY FOR MANAG-
ING ELECTRONIC WASTE ABOUT THE PROPER HANDLING AND EMERGENCY PROCEDURES
APPROPRIATE TO THE TYPE OR TYPES OF ELECTRONIC WASTE HANDLED AT THE
FACILITY;
(V) REMOVE ELECTRONIC WASTE FROM THE SITE WITHIN ONE YEAR OF THE
WASTE'S RECEIPT AT THE SITE, AND MAINTAIN RECORDS DEMONSTRATING COMPLI-
ANCE WITH THIS REQUIREMENT; AND
(VI) MAINTAIN THE RECORDS REQUIRED BY PARAGRAPHS (A) AND (B) OF THIS
SUBDIVISION AND BY SUBPARAGRAPH (V) OF THIS PARAGRAPH ON SITE AND MAKE
THEM AVAILABLE FOR AUDIT AND INSPECTION BY THE DEPARTMENT FOR A PERIOD
OF THREE YEARS.
(D) A PERSON OPERATING AN ELECTRONIC WASTE CONSOLIDATION FACILITY
SHALL NOT ENGAGE IN ELECTRONIC WASTE RECYCLING UNLESS SUCH PERSON IS
ALSO REGISTERED AS AN ELECTRONIC WASTE RECYCLING FACILITY, AND COMPLIES
WITH THE REQUIREMENTS OF THIS SECTION THAT ARE APPLICABLE TO EACH TYPE
OF FACILITY.
(E) A PERSON OPERATING AN ELECTRONIC WASTE CONSOLIDATION FACILITY MAY
ACCEPT ELECTRONIC WASTE IN THE SAME MANNER AS AN ELECTRONIC WASTE
COLLECTION SITE PROVIDED THAT SUCH PERSON COMPLIES WITH THE REQUIREMENTS
S. 6047--A 12
OF THIS SECTION THAT ARE APPLICABLE TO ELECTRONIC WASTE COLLECTION
FACILITIES.
3. ELECTRONIC WASTE RECYCLING FACILITIES. (A) NO LATER THAN JULY
FIRST, TWO THOUSAND ELEVEN, EACH PERSON OPERATING AN ELECTRONIC WASTE
RECYCLING FACILITY IN THE STATE SHALL REGISTER WITH THE DEPARTMENT ON A
FORM PRESCRIBED BY THE DEPARTMENT. THE REGISTRATION SHALL INCLUDE: (I)
THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE OWNER AND THE OPERATOR OF
THE FACILITY; AND (II) THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE
ELECTRONIC WASTE RECYCLING FACILITY. ANY PERSON WHO COMMENCES THE OPERA-
TION OF AN ELECTRONIC WASTE RECYCLING FACILITY ON OR AFTER JULY FIRST,
TWO THOUSAND ELEVEN SHALL REGISTER WITH THE DEPARTMENT AT LEAST THIRTY
DAYS PRIOR TO RECEIVING ANY ELECTRONIC WASTE. A REGISTRATION IS EFFEC-
TIVE UPON ACCEPTANCE BY THE DEPARTMENT. ANY REGISTRATION REQUIRED BY
THIS PARAGRAPH SHALL BE ACCOMPANIED BY A REGISTRATION FEE OF TWO HUNDRED
FIFTY DOLLARS.
(B) BEGINNING MARCH FIRST, TWO THOUSAND TWELVE, EACH PERSON OPERATING
AN ELECTRONIC WASTE RECYCLING FACILITY SHALL SUBMIT TO THE DEPARTMENT A
REPORT FOR THE PERIOD JULY FIRST, TWO THOUSAND ELEVEN THROUGH DECEMBER
THIRTY-FIRST, TWO THOUSAND ELEVEN, AND THEREAFTER, AN ANNUAL REPORT FOR
THE PREVIOUS CALENDAR YEAR, ON A FORM PRESCRIBED BY THE DEPARTMENT,
INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING INFORMATION: (I) THE QUAN-
TITY, BY WEIGHT, OF ELECTRONIC WASTE RECEIVED FROM CONSUMERS IN THE
STATE; (II) THE NAME AND ADDRESS OF EACH ELECTRONIC WASTE COLLECTION
SITE AND ELECTRONIC WASTE CONSOLIDATION FACILITY FROM WHICH ELECTRONIC
WASTE WAS RECEIVED DURING THE PRECEDING CALENDAR YEAR, ALONG WITH THE
QUANTITY, BY WEIGHT, OF ELECTRONIC WASTE RECEIVED FROM EACH PERSON;
(III) THE NAME AND ADDRESS OF EACH PERSON TO WHOM THE FACILITY SENT
ELECTRONIC WASTE OR COMPONENT MATERIALS DURING THE PRECEDING YEAR, ALONG
WITH THE QUANTITY, BY WEIGHT, OF ELECTRONIC WASTE OR COMPONENT MATERIALS
THEREOF SENT TO EACH SUCH PERSON; (IV) THE WEIGHT OF ELECTRONIC WASTE
COLLECTED ON BEHALF OF OR PURSUANT TO AN AGREEMENT WITH EACH MANUFACTUR-
ER DURING THE PRECEDING CALENDAR YEAR; AND (V) A CERTIFICATION BY THE
OWNER OR OPERATOR OF THE FACILITY THAT SUCH FACILITY HAS COMPLIED WITH
THE REQUIREMENTS OF THIS TITLE AND ALL OTHER APPLICABLE LAWS, RULES, AND
REGULATIONS. ALL QUANTITIES OF ELECTRONIC WASTE REPORTED BY THE RECYCL-
ING FACILITY MUST SEPARATELY INCLUDE ELECTRONIC WASTE GENERATED BY NEW
YORK STATE CONSUMERS AND ELECTRONIC WASTE RECEIVED FROM OR SHIPPED
OUTSIDE THE STATE.
(C) EACH PERSON OPERATING AN ELECTRONIC WASTE RECYCLING FACILITY
SHALL:
(I) MANAGE AND RECYCLE ELECTRONIC WASTE IN A MANNER THAT COMPLIES WITH
ALL APPLICABLE LAWS, RULES AND REGULATIONS;
(II) STORE ELECTRONIC WASTE (A) IN A FULLY ENCLOSED BUILDING WITH A
ROOF, FLOOR AND WALLS, OR (B) IN A SECURE CONTAINER (E.G., PACKAGE OR
VEHICLE), THAT IS CONSTRUCTED AND MAINTAINED TO MINIMIZE BREAKAGE OF
ELECTRONIC WASTE AND TO PREVENT RELEASES OF HAZARDOUS MATERIALS TO THE
ENVIRONMENT;
(III) HAVE A MEANS TO CONTROL ENTRY, AT ALL TIMES, THROUGH GATES OR
OTHER ENTRANCES TO THE ACTIVE PORTION OF THE FACILITY;
(IV) INFORM ALL EMPLOYEES WHO HANDLE OR HAVE RESPONSIBILITY FOR MANAG-
ING ELECTRONIC WASTE ABOUT PROPER HANDLING AND EMERGENCY PROCEDURES
APPROPRIATE TO THE TYPE OR TYPES OF ELECTRONIC WASTE HANDLED AT THE
FACILITY;
(V) REMOVE ELECTRONIC WASTE FROM THE SITE WITHIN ONE YEAR OF THE
WASTE'S RECEIPT AT THE SITE, AND MAINTAIN RECORDS DEMONSTRATING COMPLI-
ANCE WITH THIS REQUIREMENT; AND
S. 6047--A 13
(VI) MAINTAIN THE RECORDS REQUIRED BY PARAGRAPHS (A) AND (B) OF THIS
SUBDIVISION AND BY SUBPARAGRAPH (V) OF THIS PARAGRAPH ON SITE AND MAKE
THEM AVAILABLE FOR AUDIT AND INSPECTION BY THE DEPARTMENT FOR A PERIOD
OF THREE YEARS.
(D) A PERSON OPERATING AN ELECTRONIC WASTE RECYCLING FACILITY MAY ALSO
OPERATE SUCH FACILITY AS AN ELECTRONIC WASTE CONSOLIDATION FACILITY
PROVIDED THAT SUCH PERSON COMPLIES WITH THE REQUIREMENTS OF THIS SECTION
THAT ARE APPLICABLE TO EACH TYPE OF FACILITY. WHERE A FACILITY IS OPER-
ATED FOR BOTH PURPOSES, ONLY ONE REGISTRATION FEE MUST BE PAID.
(E) A PERSON OPERATING AN ELECTRONIC WASTE RECYCLING FACILITY MAY
ACCEPT ELECTRONIC WASTE IN THE SAME MANNER AS AN ELECTRONIC WASTE
COLLECTION SITE PROVIDED THAT SUCH PERSON COMPLIES WITH THE REQUIREMENTS
OF THIS SECTION THAT ARE APPLICABLE TO ELECTRONIC WASTE COLLECTION
FACILITIES.
4. EXCEPT TO THE EXTENT OTHERWISE REQUIRED BY LAW, NO MANUFACTURER OR
PERSON OPERATING AN ELECTRONIC WASTE COLLECTION SITE, ELECTRONIC WASTE
CONSOLIDATION FACILITY OR ELECTRONIC WASTE RECYCLING FACILITY SHALL HAVE
ANY RESPONSIBILITY OR LIABILITY FOR ANY DATA IN ANY FORM STORED ON ELEC-
TRONIC WASTE SURRENDERED FOR RECYCLING OR REUSE, UNLESS SUCH PERSON
MISUSES OR KNOWINGLY AND INTENTIONALLY, OR WITH GROSS NEGLIGENCE,
DISCLOSES THE DATA. THIS PROVISION SHALL NOT PROHIBIT ANY SUCH PERSON
FROM ENTERING INTO AGREEMENTS THAT PROVIDE FOR THE DESTRUCTION OF DATA
ON COVERED ELECTRONIC EQUIPMENT.
S 27-2615. DEPARTMENT RESPONSIBILITIES.
1. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
NECESSARY TO IMPLEMENT AND ADMINISTER THIS TITLE. AT A MINIMUM, THE
DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS ON: STANDARDS FOR
REUSE; ELECTRONIC WASTE ACCEPTANCE CREDITS; WAIVERS OF THE RECYCLING
SURCHARGE; AND ACCEPTABLE ALTERNATIVE METHODS FOR THE DETERMINATION OF
STATE SALES DATA.
2. THE DEPARTMENT SHALL (A) MAINTAIN A LIST OF MANUFACTURERS WHO ARE
REGISTERED PURSUANT TO SECTION 27-2605 OF THIS TITLE, (B) MAINTAIN A
LIST OF EACH SUCH MANUFACTURER'S BRANDS, AND (C) POST SUCH LISTS ON THE
DEPARTMENT'S WEBSITE.
3. THE DEPARTMENT MAY WAIVE THE RECYCLING SURCHARGE PAYABLE BY A
MANUFACTURER UNDER THIS TITLE WHEN THE MANUFACTURER DEMONSTRATES IN AN
APPLICATION TO THE DEPARTMENT IT WAS UNABLE TO ACCEPT THE WEIGHT OF
ELECTRONIC WASTE REQUIRED BY SECTION 27-2603 OF THIS TITLE DESPITE THE
MANUFACTURER'S BEST EFFORTS. THE APPLICATION SHALL BE MADE WITH THE
ANNUAL REPORT REQUIRED BY SECTION 27-2617 OF THIS TITLE. THE APPLICATION
SHALL INCLUDE SUCH INFORMATION AS THE DEPARTMENT REQUIRES. A WAIVER
PROVIDED PURSUANT TO THIS SUBDIVISION SHALL NOT RELIEVE A MANUFACTURER
FROM THE OBLIGATION TO COMPLY WITH THE PROVISIONS OF THIS TITLE NOT
SPECIFICALLY ADDRESSED IN SUCH WAIVER.
S 27-2617. REPORTING REQUIREMENTS.
1. BEGINNING MARCH FIRST, TWO THOUSAND TWELVE, FOR THE PREVIOUS CALEN-
DAR YEAR AND ANNUALLY THEREAFTER, A MANUFACTURER THAT OFFERS COVERED
ELECTRONIC EQUIPMENT FOR SALE IN THIS STATE SHALL SUBMIT A REPORT TO THE
DEPARTMENT ON A FORM PRESCRIBED BY THE DEPARTMENT THAT INCLUDES THE
FOLLOWING:
(A) SALES DATA REPORTED BY WEIGHT FOR THE MANUFACTURER'S COVERED ELEC-
TRONIC EQUIPMENT SOLD IN THIS STATE FOR THE PREVIOUS THREE CALENDAR
YEARS, CATEGORIZED BY TYPE TO THE EXTENT KNOWN. IF THE MANUFACTURER
CANNOT PROVIDE ACCURATE STATE SALES DATA, IT MUST EXPLAIN WHY SUCH DATA
CANNOT BE PROVIDED, AND ESTIMATE STATE SALES DATA BY (I) DIVIDING ITS
NATIONAL SALES DATA BY WEIGHT BY THE NATIONAL POPULATION ACCORDING TO
S. 6047--A 14
THE MOST RECENT CENSUS AND MULTIPLYING THE RESULT BY THE POPULATION OF
THE STATE, OR (II) ANOTHER METHOD APPROVED BY THE DEPARTMENT;
(B) THE QUANTITY, BY WEIGHT, OF ELECTRONIC WASTE COLLECTED FOR RECYCL-
ING OR REUSE IN THIS STATE, CATEGORIZED BY THE TYPE OF COVERED ELECTRON-
IC EQUIPMENT COLLECTED DURING THE PRECEDING CALENDAR YEAR, THE METHODS
USED TO ACCEPT THE ELECTRONIC WASTE, AND THE APPROXIMATE WEIGHT OF ELEC-
TRONIC WASTE ACCEPTED BY EACH METHOD USED TO THE EXTENT KNOWN;
(C) ALL QUANTITIES OF ELECTRONIC WASTE REPORTED BY THE MANUFACTURER
MUST SEPARATELY INCLUDE ELECTRONIC WASTE GENERATED BY NEW YORK STATE
CONSUMERS AND ELECTRONIC WASTE RECEIVED FROM OR SHIPPED OUTSIDE THE
STATE: (I) THE QUANTITY, BY WEIGHT, OF ELECTRONIC WASTE RECEIVED DIRECT-
LY FROM CONSUMERS IN THE STATE THROUGH A MAIL BACK PROGRAM; (II) THE
NAME AND ADDRESS OF EACH ELECTRONIC WASTE COLLECTION SITE, ELECTRONIC
WASTE CONSOLIDATION FACILITY, AND ELECTRONIC WASTE RECYCLING FACILITY AT
WHICH ELECTRONIC WASTE FROM CONSUMERS WAS RECEIVED ON BEHALF OF THE
PRODUCER DURING THE PRECEDING CALENDAR YEAR, ALONG WITH THE QUANTITY, BY
WEIGHT, OF ELECTRONIC WASTE RECEIVED; AND (III) THE NAME AND ADDRESS OF
EACH PERSON TO WHOM THE PRODUCER SENT ELECTRONIC WASTE OR COMPONENT
MATERIALS DURING THE PRECEDING YEAR, ALONG WITH THE QUANTITY, BY WEIGHT,
OF ELECTRONIC WASTE OR COMPONENT MATERIALS THEREOF SENT TO EACH SUCH
PERSON;
(D) THE NUMBER OF ELECTRONIC WASTE ACCEPTANCE CREDITS PURCHASED, SOLD,
BANKED AND TRADED DURING THE PRECEDING CALENDAR YEAR, THE NUMBER OF
ELECTRONIC WASTE ACCEPTANCE CREDITS USED TO MEET THE REQUIREMENTS OF
SECTION 27-2603 OF THIS TITLE, AND FROM WHOM THEY WERE PURCHASED AND TO
WHOM THEY WERE SOLD OR TRADED, AND THE NUMBER OF ELECTRONIC WASTE
ACCEPTANCE CREDITS RETAINED AS OF THE DATE OF THE REPORT;
(E) THE AMOUNT OF ANY RECYCLING SURCHARGE OWED FOR THE PRECEDING
CALENDAR YEAR, WITH SUFFICIENT INFORMATION TO DEMONSTRATE THE BASIS FOR
THE CALCULATION OF THE SURCHARGE;
(F) THE NAMES AND LOCATIONS OF ELECTRONIC WASTE RECYCLERS UTILIZED BY
THE MANUFACTURER AND ENTITIES TO WHICH ELECTRONIC WASTE IS SENT FOR
REUSE, WHETHER IN THE STATE OR OUTSIDE THE STATE, INCLUDING DETAILS ON
THE METHODS OF RECYCLING OR REUSE OF ELECTRONIC WASTE, ANY DISASSEMBLY
OR PHYSICAL RECOVERY OPERATION USED, AND THE ENVIRONMENTAL MANAGEMENT
MEASURES IMPLEMENTED BY SUCH RECYCLER OR ENTITY;
(G) INFORMATION DETAILING THE ACCEPTANCE METHODS MADE AVAILABLE TO
CONSUMERS IN MUNICIPALITIES WHICH HAVE A POPULATION OF GREATER THAN TEN
THOUSAND AND IN EACH COUNTY OF THE STATE TO MEET THE REQUIREMENTS OF
PARAGRAPH (A) OF SUBDIVISION FIVE OF SECTION 27-2605 OF THIS TITLE;
(H) A BRIEF DESCRIPTION OF ITS PUBLIC EDUCATION PROGRAM INCLUDING THE
NUMBER OF VISITS TO THE INTERNET WEBSITE AND CALLS TO THE TOLL-FREE
TELEPHONE NUMBER PROVIDED BY THE MANUFACTURER AS REQUIRED BY SECTION
27-2605 OF THIS TITLE;
(I) ANY OTHER INFORMATION AS REQUIRED BY THE DEPARTMENT; AND
(J) A SIGNATURE BY AN OFFICER, DIRECTOR, OR OTHER INDIVIDUAL AFFIRMING
THE ACCURACY OF THE REPORT.
2. THE REPORT SHALL BE ACCOMPANIED BY AN ANNUAL REPORTING FEE OF THREE
THOUSAND DOLLARS, AND ANY RECYCLING SURCHARGE DUE PURSUANT TO SECTION
27-2603 OF THIS TITLE.
3. THE DEPARTMENT SHALL SUBMIT A REPORT ON IMPLEMENTATION OF THE TITLE
IN THIS STATE TO THE GOVERNOR AND LEGISLATURE BY APRIL FIRST, TWO THOU-
SAND TWELVE AND EVERY TWO YEARS THEREAFTER. THE REPORT MUST INCLUDE, AT
A MINIMUM, AN EVALUATION OF:
(A) THE ELECTRONIC WASTE STREAM IN THE STATE;
S. 6047--A 15
(B) RECYCLING AND REUSE RATES IN THE STATE FOR COVERED ELECTRONIC
EQUIPMENT;
(C) A DISCUSSION OF COMPLIANCE AND ENFORCEMENT RELATED TO THE REQUIRE-
MENTS OF THIS TITLE;
(D) RECOMMENDATIONS FOR ANY CHANGES TO THIS TITLE; AND
(E) A DISCUSSION OF OPPORTUNITIES FOR BUSINESS DEVELOPMENT IN THE
STATE RELATED TO THE ACCEPTANCE, COLLECTION, HANDLING AND RECYCLING OR
REUSE OF ELECTRONIC EQUIPMENT IN THIS STATE.
S 27-2619. PREEMPTION.
JURISDICTION IN ALL MATTERS PERTAINING TO ELECTRONIC WASTE RECYCLING,
INCLUDING BUT NOT LIMITED TO THE OBLIGATIONS OF MANUFACTURERS, RETAIL-
ERS, ELECTRONIC WASTE COLLECTION SITES, ELECTRONIC WASTE CONSOLIDATION
FACILITIES AND ELECTRONIC WASTE RECYCLING FACILITIES WITH RESPECT TO
ELECTRONIC WASTE RECYCLING, IS, BY THIS TITLE, VESTED EXCLUSIVELY IN THE
STATE. ANY PROVISION OF ANY LOCAL LAW OR ORDINANCE, OR ANY RULE OR REGU-
LATION PROMULGATED THERETO, GOVERNING COVERED ELECTRONIC EQUIPMENT AND
THE COLLECTION, REUSE, OR RECYCLING OF ELECTRONIC WASTE SHALL UPON THE
EFFECTIVE DATE OF THIS TITLE BE PREEMPTED.
S 27-2621. DISPOSITION OF FEES.
ALL FEES AND CHARGES COLLECTED PURSUANT TO THIS TITLE SHALL BE DEPOS-
ITED INTO THE ENVIRONMENTAL CONSERVATION SPECIAL REVENUE FUND TO THE
CREDIT OF THE ENVIRONMENTAL REGULATORY ACCOUNT; PROVIDED, HOWEVER, THAT
ANY RECYCLING SURCHARGES COLLECTED PURSUANT TO SUBDIVISION FIVE OF
SECTION 27-2603 OF THIS TITLE SHALL BE DEPOSITED IN THE ENVIRONMENTAL
PROTECTION FUND ESTABLISHED PURSUANT TO SECTION NINETY-TWO-S OF THE
STATE FINANCE LAW TO THE CREDIT OF THE SOLID WASTE ACCOUNT, TO BE USED
SOLELY FOR MUNICIPAL RECYCLING PROGRAMS.
S 3. The environmental conservation law is amended by adding a new
section 71-2729 to read as follows:
S 71-2729. ENFORCEMENT OF TITLE 26 OF ARTICLE 27 OF THIS CHAPTER.
1. A. ANY CONSUMER, AS DEFINED IN TITLE TWENTY-SIX OF ARTICLE TWENTY-
SEVEN OF THIS CHAPTER, WHO VIOLATES ANY PROVISION OF, OR FAILS TO
PERFORM ANY DUTY IMPOSED BY, SECTION 27-2611 OF THIS CHAPTER, SHALL BE
LIABLE FOR A CIVIL PENALTY NOT TO EXCEED ONE HUNDRED DOLLARS FOR EACH
VIOLATION.
B. ANY PERSON, EXCEPT A CONSUMER, MANUFACTURER, OR AN OWNER OR OPERA-
TOR OF AN ELECTRONIC WASTE COLLECTION SITE, ELECTRONIC WASTE CONSOL-
IDATION FACILITY, OR ELECTRONIC WASTE RECYCLING FACILITY AS THESE TERMS
ARE DEFINED IN TITLE TWENTY-SIX OF ARTICLE TWENTY-SEVEN OF THIS CHAPTER,
WHO VIOLATES ANY PROVISION, OR FAILS TO PERFORM ANY DUTY IMPOSED BY
SECTION 27-2611 OF THIS CHAPTER, SHALL BE LIABLE FOR A CIVIL PENALTY NOT
TO EXCEED TWO HUNDRED FIFTY DOLLARS FOR EACH VIOLATION.
C. ANY MANUFACTURER, OR ANY PERSON OPERATING AN ELECTRONIC WASTE
COLLECTION SITE, AN ELECTRONIC WASTE CONSOLIDATION FACILITY, OR AN ELEC-
TRONIC WASTE RECYCLING FACILITY AS THOSE TERMS ARE DEFINED IN TITLE
TWENTY-SIX OF ARTICLE TWENTY-SEVEN OF THIS CHAPTER, WHO:
I. FAILS TO SUBMIT ANY REPORT, REGISTRATION, FEE, OR SURCHARGE TO THE
DEPARTMENT AS REQUIRED BY TITLE TWENTY-SIX OF ARTICLE TWENTY-SEVEN OF
THIS CHAPTER SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED ONE THOU-
SAND DOLLARS FOR EACH DAY SUCH REPORT, REGISTRATION, FEE, OR SURCHARGE
IS NOT SUBMITTED; AND
II. VIOLATES ANY OTHER PROVISION OF TITLE TWENTY-SIX OF ARTICLE TWEN-
TY-SEVEN OF THIS CHAPTER OR FAILS TO PERFORM ANY DUTY IMPOSED BY SUCH
TITLE, EXCEPT FOR SUBDIVISION FOUR OF SECTION 27-2603 OF THIS CHAPTER,
SHALL BE LIABLE FOR A CIVIL PENALTY FOR EACH VIOLATION NOT TO EXCEED ONE
THOUSAND DOLLARS FOR THE FIRST VIOLATION, TWO THOUSAND FIVE HUNDRED
S. 6047--A 16
DOLLARS FOR THE SECOND VIOLATION AND FIVE THOUSAND DOLLARS FOR THE THIRD
AND SUBSEQUENT VIOLATIONS OF THIS TITLE WITHIN A TWELVE-MONTH PERIOD.
D. ANY RETAILER, AS DEFINED BY SECTION 27-2601 OF THIS CHAPTER, WHO
VIOLATES ANY PROVISION OF TITLE TWENTY-SIX OF ARTICLE TWENTY-SEVEN OF
THIS CHAPTER OR FAILS TO PERFORM ANY DUTY IMPOSED BY SUCH TITLE, SHALL
BE LIABLE FOR A CIVIL PENALTY FOR EACH VIOLATION NOT TO EXCEED TWO
HUNDRED FIFTY DOLLARS FOR THE FIRST VIOLATION, FIVE HUNDRED DOLLARS FOR
THE SECOND VIOLATION AND ONE THOUSAND DOLLARS FOR THE THIRD AND SUBSE-
QUENT VIOLATIONS OF THIS TITLE IN A TWELVE-MONTH PERIOD.
E. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE COMMIS-
SIONER AFTER A HEARING OR OPPORTUNITY TO BE HEARD PURSUANT TO THE
PROVISIONS OF SECTION 71-1709 OF THIS ARTICLE, OR BY THE COURT IN ANY
ACTION OR PROCEEDING PURSUANT TO THIS SECTION, AND, IN ADDITION THERETO,
SUCH PERSON MAY BY SIMILAR PROCESS BE ENJOINED FROM CONTINUING SUCH
VIOLATION.
2. ALL PENALTIES COLLECTED PURSUANT TO THIS SECTION SHALL BE PAID OVER
TO THE COMMISSIONER FOR DEPOSIT TO THE CREDIT OF THE SOLID WASTE ACCOUNT
OF THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED PURSUANT TO SECTION
NINETY-TWO-S OF THE STATE FINANCE LAW.
S 4. Severability. The provisions of this title shall be severable,
and if any provision of this title is declared to be void or invalid by
a court of competent jurisdiction, the remaining provisions shall not be
affected, but shall remain in full force and effect.
S 5. This act shall take effect immediately.
