S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1316

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. COLTON, FIELDS, MAISEL -- Multi-Sponsored by --
  M. of A. ALFANO, BRENNAN, COOK, DINOWITZ, GLICK, JACOBS, NOLAN -- read
  once and referred to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  manufacturers  responsibility  for  electronic  equipment recovery and
  recycling; and to amend the state finance law, in relation  to  estab-
  lishing the electronic equipment recycling account within the environ-
  mental protection fund

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent.  The purpose of this act  shall  be  to
establish a comprehensive electronic equipment recycling system financed
by manufacturers of electronic equipment, based on their return share of
such  electronic  equipment.  The purpose of this recycling system is to
ensure the safe  and  environmentally  sound  management  of  electronic
devices  and  components; encourage the design of electronic devices and
components that are less toxic and more recyclable; and to  promote  the
development of a regional infrastructure for collection and recycling of
end-of-life electronics.
  S  2.  Short  title.  This  act shall be known and may be cited as the
"manufacturer return share electronic equipment recycling act of 2009".
  S 3. Article 27 of the environmental conservation law  is  amended  by
adding a new title 29 to read as follows:
                                TITLE 29
                     ELECTRONIC EQUIPMENT RECYCLING
SECTION 27-2901. DEFINITIONS.
        27-2903. SCOPE OF PRODUCTS.
        27-2905. SALES PROHIBITION.
        27-2907. LABELING REQUIREMENT.
        27-2909. MANUFACTURER RESPONSIBILITY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD01323-02-9

A. 1316                             2

        27-2911. SAMPLING AND REPORTING.
        27-2913. RETAILER RESPONSIBILITY.
        27-2915. DEPARTMENT RESPONSIBILITY.
        27-2917. FEES  FOR  THE COLLECTION OR RECYCLING OF COVERED ELEC-
                   TRONIC DEVICES.
        27-2919. CONTRACTS FOR COLLECTION, TRANSPORTATION AND  RECYCLING
                   OF COVERED ELECTRONIC DEVICES.
        27-2921. ENVIRONMENTALLY SOUND MANAGEMENT REQUIREMENTS.
        27-2923. DISPOSAL BAN.
        27-2925. ENFORCEMENT.
        27-2927. REGULATORY AUTHORITY.
        27-2929. DISPOSITION OF FEES AND PENALTIES.
        27-2931. FINANCIAL AND PROPRIETARY INFORMATION.
        27-2933. FEDERAL PREEMPTION.
        27-2935. SEVERABILITY.
S 27-2901. DEFINITIONS.
  AS USED IN THIS TITLE:
  1. "COVERED ENTITY" MEANS ANY HOUSEHOLD, SCHOOL DISTRICT, NOT-FOR-PRO-
FIT CORPORATION OR SMALL BUSINESS.
  2. "COVERED ELECTRONIC DEVICE" (A) MEANS A DESKTOP OR LAPTOP COMPUTER,
COMPUTER MONITOR, PORTABLE COMPUTER, CATHODE RAY TUBE OR FLATPANEL BASED
TELEVISION  WITH  A SCREEN SIZE GREATER THAN FOUR INCHES MEASURED DIAGO-
NALLY; AND
  (B) SHALL NOT INCLUDE:
  (I) A COVERED ELECTRONIC DEVICE THAT IS A PART OF A MOTOR  VEHICLE  OR
ANY  COMPONENT  PART  OF  A  MOTOR VEHICLE ASSEMBLED BY OR FOR A VEHICLE
MANUFACTURER OR FRANCHISED DEALER, INCLUDING REPLACEMENT PARTS  FOR  USE
IN A MOTOR VEHICLE;
  (II)  A COVERED ELECTRONIC DEVICE THAT IS FUNCTIONALLY OR PHYSICALLY A
PART OF A LARGER PIECE OF EQUIPMENT DESIGNED AND INTENDED FOR USE IN  AN
INDUSTRIAL,  COMMERCIAL  OR MEDICAL SETTING, INCLUDING DIAGNOSTIC, MONI-
TORING OR CONTROL EQUIPMENT;
  (III) A COVERED ELECTRONIC DEVICE THAT IS CONTAINED WITHIN  A  CLOTHES
WASHER, CLOTHES DRYER, REFRIGERATOR, REFRIGERATOR AND FREEZER, MICROWAVE
OVEN,  CONVENTIONAL  OVEN  OR  RANGE,  DISHWASHER, ROOM AIR CONDITIONER,
DEHUMIDIFIER OR AIR PURIFIER; OR
  (IV) A TELEPHONE OF ANY TYPE, UNLESS IT CONTAINS A VIDEO DISPLAY  AREA
GREATER THAN FOUR INCHES, MEASURED DIAGONALLY.
  3. "HOUSEHOLD" MEANS AN OCCUPANT OF A SINGLE DETACHED DWELLING UNIT OR
A  SINGLE  UNIT OF A MULTIPLE DWELLING UNIT WHO HAS USED A COVERED ELEC-
TRONIC DEVICE AT A DWELLING UNIT PRIMARILY FOR PERSONAL OR HOME BUSINESS
USE.
  4. "MANUFACTURER" MEANS ANY PERSON WHO, IRRESPECTIVE  OF  THE  SELLING
TECHNIQUE USED, INCLUDING BY MEANS OF REMOTE SALE:
  (A)  MANUFACTURES OR MANUFACTURED COVERED ELECTRONIC DEVICES UNDER ITS
OWN BRAND FOR SALE;
  (B) MANUFACTURES OR MANUFACTURED COVERED ELECTRONIC DEVICES  FOR  SALE
IN THIS STATE WITHOUT AFFIXING A BRAND;
  (C)  RESELLS  OR  RESOLD  IN  THIS  STATE  COVERED  ELECTRONIC DEVICES
PRODUCED BY OTHER SUPPLIERS UNDER ITS OWN BRAND OR LABEL;
  (D) IMPORTS OR EXPORTS OR  IMPORTED  OR  EXPORTED  COVERED  ELECTRONIC
DEVICES  INTO  THE  UNITED  STATES.   HOWEVER, IF A COMPANY FROM WHOM AN
IMPORTER PURCHASES THE MERCHANDISE HAS A PRESENCE IN THE  UNITED  STATES
AND/OR ASSETS, THAT COMPANY SHALL BE DEEMED TO BE THE MANUFACTURER; OR
  (E)  MANUFACTURES OR MANUFACTURED COVERED ELECTRONIC DEVICES, SUPPLIES
OR SUPPLIED THEM TO ANY PERSON OR PERSONS WITHIN A DISTRIBUTION  NETWORK

A. 1316                             3

THAT  INCLUDES  WHOLESALERS  OR RETAILERS IN THIS STATE, AND BENEFITS OR
BENEFITED FROM THE SALE OF THOSE COVERED ELECTRONIC DEVICES THROUGH THAT
DISTRIBUTION NETWORK.
  5.  "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 LEGAL RESPONSIBILITY, INCLUDING THOSE
NAMES, BRAND NAMES,  AND  BRAND  LABELS  OF  COMPANIES  THAT  HAVE  BEEN
ACQUIRED BY THE MANUFACTURER.
  6.  "NOT-FOR-PROFIT  CORPORATION"  MEANS  A NOT-FOR-PROFIT CORPORATION
EXEMPT FROM TAXATION UNDER SECTION 501(C)(3)  OF  THE  INTERNAL  REVENUE
CODE.
  7. "ORPHAN DEVICE" MEANS A COVERED ELECTRONIC DEVICE WHOSE MANUFACTUR-
ER  CANNOT  BE  IDENTIFIED OR FOR WHICH THE MANUFACTURER IS NO LONGER IN
BUSINESS AND HAS NO SUCCESSOR IN INTEREST.
  8. "PERSON" MEANS ANY INDIVIDUAL, BUSINESS ENTITY, PARTNERSHIP, LIMIT-
ED LIABILITY COMPANY, CORPORATION, NOT-FOR-PROFIT  CORPORATION,  ASSOCI-
ATION, GOVERNMENTAL ENTITY, PUBLIC BENEFIT CORPORATION OR PUBLIC AUTHOR-
ITY.
  9.  "PREMIUM SERVICE" MEANS SERVICE SUCH AS AT-LOCATION SYSTEM UPGRADE
SERVICES PROVIDED  TO  COVERED  ENTITIES  AND  AT-HOME  PICKUP  SERVICES
OFFERED  TO  HOUSEHOLDS.    "PREMIUM  SERVICE" DOES NOT INCLUDE CURBSIDE
SERVICE.
  10. "PROGRAM YEAR" MEANS A FULL CALENDAR YEAR BEGINNING  ON  OR  AFTER
JANUARY FIRST, TWO THOUSAND ELEVEN.
  11.  "RECYCLING"  MEANS TRANSFORMING OR REMANUFACTURING UNWANTED ELEC-
TRONIC PRODUCTS, COMPONENTS, AND BYPRODUCTS INTO  USABLE  OR  MARKETABLE
MATERIALS FOR USE OTHER THAN LANDFILL DISPOSAL OR INCINERATION. "RECYCL-
ING"  DOES  NOT INCLUDE ENERGY RECOVERY OR ENERGY GENERATION BY MEANS OF
COMBUSTING UNWANTED ELECTRONIC PRODUCTS, COMPONENTS, AND BYPRODUCTS WITH
OR WITHOUT OTHER WASTE. SMELTING  OF  ELECTRONIC  MATERIALS  TO  RECOVER
METALS FOR REUSE IN CONFORMANCE WITH ALL APPLICABLE LAWS AND REGULATIONS
IS NOT CONSIDERED DISPOSAL OR ENERGY RECOVERY.
  12.  "RETAIL SALES" MEANS SALES OF PRODUCTS THROUGH SALES OUTLETS, VIA
THE INTERNET, MAIL ORDER OR ANY OTHER MEANS, WHETHER OR NOT  THE  SELLER
HAS A PHYSICAL PRESENCE IN THIS STATE.
  13.  "RETAILER"  MEANS  A  PERSON WHO OWNS OR OPERATES A BUSINESS THAT
SELLS NEW COVERED ELECTRONIC DEVICES INCLUDING SALES  OUTLETS,  CATALOGS
OR  THE  INTERNET,  WHETHER OR NOT THE SELLER HAS A PHYSICAL PRESENCE IN
THIS STATE, TO A COVERED ENTITY.
  14. "RETURN SHARE" MEANS THE PERCENTAGE OF COVERED ELECTRONIC  DEVICES
FOR  WHICH  AN INDIVIDUAL MANUFACTURER IS RESPONSIBLE TO COLLECT, TRANS-
PORT AND RECYCLE.
  15. "RETURN SHARE IN WEIGHT" MEANS THE TOTAL WEIGHT OF  COVERED  ELEC-
TRONIC  DEVICES  FOR  WHICH  A  MANUFACTURER  IS RESPONSIBLE TO COLLECT,
TRANSPORT AND RECYCLE.
  16. "SELL" OR "SALE" MEANS ANY TRANSFER  FOR  CONSIDERATION  OF  TITLE
INCLUDING,  BUT  NOT  LIMITED  TO,  TRANSACTIONS CONDUCTED THROUGH SALES
OUTLETS, CATALOGS OR THE INTERNET,  OR  ANY  OTHER,  SIMILAR  ELECTRONIC
MEANS, AND EXCLUDING LEASES.
  17.  "SMALL  BUSINESS" MEANS A BUSINESS THAT EMPLOYS TEN OR LESS INDI-
VIDUALS.
S 27-2903. SCOPE OF PRODUCTS.
  1. THE PROVISIONS OF THIS TITLE  SHALL  APPLY  TO  COVERED  ELECTRONIC
DEVICES USED BY COVERED ENTITIES IN THIS STATE.

A. 1316                             4

  2.  THE COMMISSIONER MAY ANNUALLY MAKE RECOMMENDATIONS TO THE LEGISLA-
TURE AND THE GOVERNOR TO EXTEND THE PROVISIONS OF THIS  TITLE  TO  OTHER
COVERED ELECTRONIC DEVICES.
S 27-2905. SALES PROHIBITION.
  1.  NO  MANUFACTURER SHALL SELL OR OFFER FOR SALE A COVERED ELECTRONIC
DEVICE IN THIS STATE UNLESS THE MANUFACTURER HAS  FILED  A  REGISTRATION
WITH THE DEPARTMENT.
  2.  NO RETAILER SHALL OFFER FOR SALE ANY NEW COVERED ELECTRONIC DEVICE
FROM A MANUFACTURER WHO HAS NOT FILED A REGISTRATION  WITH  THE  DEPART-
MENT.    THE  DEPARTMENT  SHALL  MAINTAIN AND DISSEMINATE A LIST OF EACH
MANUFACTURER REGISTERED, AND A LIST OF MANUFACTURER'S BRANDS AS REPORTED
IN THE MANUFACTURER'S REGISTRATION. SUCH LIST SHALL  BE  POSTED  ON  THE
DEPARTMENT  WEBSITE  AND  SHALL  BE  UPDATED ON A MONTHLY BASIS.   EVERY
PERSON WHO SELLS OR BRINGS INTO THIS STATE FOR SALE  ANY  COVERED  ELEC-
TRONIC  DEVICE,  SHALL REVIEW SUCH LIST PRIOR TO SELLING A COVERED ELEC-
TRONIC DEVICE IN THIS STATE. A PERSON IS  CONSIDERED  TO  HAVE  COMPLIED
WITH  THIS  SUBDIVISION  IF, ON THE DATE A COVERED ELECTRONIC DEVICE WAS
ORDERED, THE MANUFACTURER WAS INCLUDED ON THE  LIST  MAINTAINED  BY  THE
DEPARTMENT ON ITS WEBSITE AS HAVING REGISTERED.
S 27-2907. LABELING REQUIREMENT.
  NO  MANUFACTURER  OR RETAILER SHALL SELL OR OFFER FOR SALE ANY COVERED
ELECTRONIC DEVICE IN THIS STATE UNLESS THE COVERED ELECTRONIC DEVICE  IS
LABELED  WITH  THE  MANUFACTURER'S  BRAND, AND SUCH LABEL IS PERMANENTLY
AFFIXED AND READILY VISIBLE.
S 27-2909. MANUFACTURER RESPONSIBILITY.
  1. BY JANUARY FIRST, TWO THOUSAND TEN, EACH  MANUFACTURER  OF  COVERED
ELECTRONIC DEVICES OFFERED FOR SALE IN THIS STATE SHALL REGISTER ANNUAL-
LY  WITH  THE  DEPARTMENT  AND  PAY  A REGISTRATION FEE OF FIVE THOUSAND
DOLLARS.   THEREAFTER, IF A MANUFACTURER  HAS  NOT  PREVIOUSLY  FILED  A
REGISTRATION,  THE  MANUFACTURER  SHALL  FILE  A  REGISTRATION  WITH THE
DEPARTMENT PRIOR TO ANY OFFER FOR SALE  OF  THE  MANUFACTURER'S  COVERED
ELECTRONIC DEVICES IN THE STATE. ANY MANUFACTURER TO WHOM THE DEPARTMENT
PROVIDES  NOTIFICATION  OF  A  RETURN  SHARE  AND RETURN SHARE BY WEIGHT
PURSUANT TO SUBDIVISION THREE OF SECTION 27-2915 OF THIS TITLE  AND  WHO
HAS  NOT  PREVIOUSLY FILED A REGISTRATION SHALL FILE A REGISTRATION WITH
THE DEPARTMENT WITHIN THIRTY DAYS OF RECEIVING SUCH  NOTIFICATION.  EACH
MANUFACTURER  WHO  IS  REGISTERED  SHALL SUBMIT AN ANNUAL RENEWAL OF ITS
REGISTRATION TO THE DEPARTMENT BY JANUARY FIRST.  THE  REGISTRATION  AND
ALL  RENEWALS  SHALL  INCLUDE  A  LIST  OF  THE MANUFACTURER'S BRANDS OF
COVERED ELECTRONIC DEVICES, INCLUDING ALL BRANDS SOLD IN THE STATE,  ALL
BRANDS BEING SOLD IN THE STATE, AND ALL BRANDS FOR WHICH THE MANUFACTUR-
ER  HAS  LEGAL  RESPONSIBILITY  PURSUANT TO SUBDIVISION THIRTEEN OF THIS
SECTION.
  2. MANUFACTURERS SHALL BE RESPONSIBLE FOR THE COLLECTION,  TRANSPORTA-
TION AND RECYCLING OF THEIR RETURN SHARE IN WEIGHT OF COVERED ELECTRONIC
DEVICES, AS DETERMINED BY THE DEPARTMENT.
  3. EACH MANUFACTURER OF COVERED ELECTRONIC DEVICES SHALL:
  (A)  SUBMIT  AN ADDITIONAL FEE TO THE DEPARTMENT BASED ON ITS SHARE OF
RETURNED COVERED ELECTRONIC DEVICES, WHICH SHALL BE CALCULATED BY MULTI-
PLYING THE MANUFACTURER'S RETURN SHARE IN WEIGHT  OF  COLLECTED  COVERED
ELECTRONIC DEVICES BY FIFTY CENTS PER POUND OR SUCH OTHER COST PER POUND
AS  DETERMINED  BY  THE  DEPARTMENT  PURSUANT TO SECTION 27-2915 OF THIS
TITLE; OR
  (B) SUBMIT A PLAN FOR THE FIRST PROGRAM YEAR AND  ANNUALLY  THEREAFTER
TO  THE  DEPARTMENT  TO ESTABLISH, FINANCE, CONDUCT AND MANAGE A PROGRAM
FOR THE COLLECTION, TRANSPORTATION AND RECYCLING OF ITS RETURN SHARE  IN

A. 1316                             5

WEIGHT  OF COVERED ELECTRONIC DEVICES, PROVIDED THAT THE PLAN REPRESENTS
AT LEAST FIVE PERCENT OF THE TOTAL COVERED ELECTRONIC  DEVICES  EXPECTED
TO  BE  COLLECTED  ANNUALLY  IN  THE  STATE,  AND PROVIDED THAT THE PLAN
PROVIDES  COLLECTION  SERVICES  FOR  COVERED ELECTRONIC DEVICES THAT ARE
REASONABLY CONVENIENT AND AVAILABLE TO ALL COVERED ENTITIES OF THE STATE
RESIDING WITHIN ITS GEOGRAPHIC  BOUNDARIES,  INCLUDING  BOTH  RURAL  AND
URBAN AREAS.
  4.  MANUFACTURER  COLLECTION SERVICES MAY INCLUDE ELECTRONIC RECYCLERS
AND REPAIR SHOPS, RECYCLERS OF OTHER COMMODITIES,  REUSE  ORGANIZATIONS,
NOT-FOR-PROFIT  CORPORATIONS,  RETAILERS,  GOVERNMENT RECYCLING SITES OR
ANY OTHER SUITABLE LOCATIONS. THE PLANS MAY CONSIDER WHERE POSSIBLE  THE
USE  OF  THE  EXISTING  COLLECTION AND CONSOLIDATION INFRASTRUCTURES FOR
HANDLING COVERED ELECTRONIC DEVICES TO THE EXTENT THAT SUCH  INFRASTRUC-
TURE  IS  REASONABLY  ACCESSIBLE  AND  COMPLIES WITH THE ENVIRONMENTALLY
SOUND MANAGEMENT REQUIREMENTS OF THIS TITLE.
  5. MANUFACTURER PLANS MAY ESTABLISH REASONABLE LIMITS ON THE NUMBER OF
COVERED ELECTRONIC DEVICES BY PRODUCT TYPE ACCEPTED  PER  HOUSEHOLD  PER
DAY  OR  PER  DELIVERY  AT A COLLECTION SITE OR SERVICE. FOR PURPOSES OF
THIS TITLE AND NOTWITHSTANDING ANY OTHER PROVISION TO  THE  CONTRARY  IN
THIS  TITLE,  THE  COLLECTION  OF  NOT  MORE THAN TEN COVERED ELECTRONIC
DEVICES PER DAY FROM ANY PERSON IN ACCORDANCE  WITH  THE  MANUFACTURER'S
PLAN SHALL BE DEEMED TO BE THE COLLECTION OF A COVERED ELECTRONIC DEVICE
FROM  A  HOUSEHOLD.  ALL HOUSEHOLDS MAY USE A COLLECTION SITE AS LONG AS
THE HOUSEHOLDS ADHERE TO ANY RESTRICTIONS ESTABLISHED IN THE PLANS.
  6. MANUFACTURER PLANS MAY SPECIFY LOCATIONS  WHERE  SMALL  BUSINESSES,
NOT-FOR-PROFIT  CORPORATIONS  AND  SCHOOL  DISTRICTS MAY DELIVER COVERED
ELECTRONIC DEVICES FOR RECYCLING AT NO CHARGE.
  7. A GROUP OF MANUFACTURERS JOINTLY SUBMITTING A PLAN  SHALL  COLLECT,
TRANSPORT  AND  RECYCLE THE SUM OF THE OBLIGATIONS OF EACH PARTICIPATING
MANUFACTURER.
  8. EACH PLAN REQUIRED BY THIS SECTION SHALL BE FILED WITH  A  MANUFAC-
TURER'S  ANNUAL  REGISTRATION  SUBMITTED  TO  THE  DEPARTMENT BY JANUARY
FIRST, TWO THOUSAND TEN. A MANUFACTURER WHO SUBMITS ITS  INITIAL  REGIS-
TRATION  TO  THE  DEPARTMENT  AFTER JANUARY FIRST, TWO THOUSAND TEN MUST
FULFILL THIS REQUIREMENT  WITHIN  THIRTY  DAYS  OF  PUBLICATION  BY  THE
DEPARTMENT  OF  THAT  MANUFACTURER'S  RETURN  SHARE IN WEIGHT. EACH PLAN
SHALL INCLUDE:
  (A) METHODS THAT WILL  BE  USED  TO  COLLECT  THE  COVERED  ELECTRONIC
DEVICES  INCLUDING  THE  NAME  AND  LOCATIONS OF PROPOSED COLLECTION AND
CONSOLIDATION POINTS;
  (B) THE PROCESSES AND METHODS THAT WILL BE USED TO  RECYCLE  RECOVERED
COVERED  ELECTRONIC  DEVICES  INCLUDING  A DESCRIPTION OF THE PROCESSING
THAT WILL BE USED AND THE NAME AND LOCATION OF FACILITIES TO BE UTILIZED
DIRECTLY BY THE MANUFACTURER;
  (C) A COPY OF THE CERTIFICATION SUBMITTED TO THE MANUFACTURER PURSUANT
TO SUBDIVISION FIVE OF SECTION 27-2921 OF THIS TITLE BY  EACH  PROCESSOR
DIRECTLY UTILIZED BY THE MANUFACTURER IN ITS PLAN;
  (D)  MEANS  THAT WILL BE UTILIZED TO PUBLICIZE THE COLLECTION OPPORTU-
NITIES; AND
  (E) THE INTENTION OF  THE  MANUFACTURER  TO  FULFILL  ITS  OBLIGATIONS
THROUGH OPERATION OF ITS OWN PLAN, EITHER INDIVIDUALLY OR IN PARTNERSHIP
WITH OTHER MANUFACTURERS.
  9.  THE  DEPARTMENT  SHALL  REVIEW  EACH PLAN AND WITHIN SIXTY DAYS OF
RECEIPT OF SUCH PLAN, SHALL DETERMINE WHETHER THE PLAN COMPLIES WITH THE
PROVISIONS OF THIS TITLE. IF THE PLAN IS APPROVED, THE DEPARTMENT  SHALL
NOTIFY  THE  MANUFACTURER. IF THE PLAN IS REJECTED, THE DEPARTMENT SHALL

A. 1316                             6

NOTIFY  THE  MANUFACTURER  AND  PROVIDE  THE  REASONS  FOR  THE   PLAN'S
REJECTION.
  UPON  APPROVAL OF A PLAN BY THE DEPARTMENT, THE MANUFACTURER'S PAYMENT
OF THE ANNUAL FEE BASED ON RETURN SHARE SHALL BE WAIVED.
  10. IF A MANUFACTURER FAILS TO COMPLY WITH ALL THE  TERMS  AND  CONDI-
TIONS  OF  ITS  APPROVED  PLAN,  IT  SHALL  BE REQUIRED TO SUBMIT TO THE
DEPARTMENT A PAYMENT TO COVER THE COST OF COLLECTING,  TRANSPORTING  AND
RECYCLING  THE  UNMET  PORTION  OF ITS OBLIGATION. SUCH PAYMENT SHALL BE
EQUAL TO THE QUANTITY OF THE OUTSTANDING PORTION, IN POUNDS,  MULTIPLIED
BY  FIFTY  CENTS,  OR THE COST PER POUND AS DETERMINED BY THE DEPARTMENT
PURSUANT TO SUBDIVISION TEN OF SECTION 27-2915 OF THIS TITLE.
  11. MANUFACTURERS THAT COLLECT, TRANSPORT AND  RECYCLE  IN  EXCESS  OF
THEIR  OBLIGATION  UNDER THEIR APPROVED PLAN MAY SELL CREDITS TO ANOTHER
MANUFACTURER OR APPLY SUCH EXCESS TO THE FOLLOWING CALENDAR YEAR'S RECY-
CLING OBLIGATION.
  12. PRIOR TO JUNE FIRST, TWO THOUSAND TEN AND PERIODICALLY THEREAFTER,
THE DEPARTMENT SHALL IDENTIFY, USING ALL REASONABLE MEANS, MANUFACTURERS
THAT ARE IN BUSINESS OR THAT ARE NO LONGER IN BUSINESS BUT THAT  HAVE  A
SUCCESSOR  IN  INTEREST AND BRANDS FOR WHICH A MANUFACTURER IS RESPONSI-
BLE, BY EXAMINING BEST AVAILABLE RETURN SHARE DATA AND  OTHER  PERTINENT
DATA.  UNLESS  THE  MANUFACTURER HAS REGISTERED WITH THE DEPARTMENT, THE
DEPARTMENT SHALL NOTIFY MANUFACTURERS THAT HAVE BEEN IDENTIFIED AND  FOR
WHOM  AN  ADDRESS  HAS  BEEN  FOUND  OF  THE REQUIREMENTS OF THIS TITLE,
INCLUDING REGISTRATION AND PLAN REQUIREMENTS UNDER THIS SECTION.
  13. ANY PERSON  ACQUIRING  A  MANUFACTURER,  OR  WHO  HAS  ACQUIRED  A
MANUFACTURER  SHALL  HAVE  ALL RESPONSIBILITY FOR THE ACQUIRED COMPANY'S
COVERED ELECTRONIC DEVICES, INCLUDING COVERED ELECTRONIC  DEVICES  MANU-
FACTURED  PRIOR TO THE EFFECTIVE DATE OF THIS TITLE, UNLESS THAT RESPON-
SIBILITY REMAINS WITH ANOTHER ENTITY PER THE PURCHASE AGREEMENT AND  THE
ACQUIRING  MANUFACTURER  PROVIDES  THE DEPARTMENT WITH A LETTER FROM THE
OTHER  ENTITY  ACCEPTING  RESPONSIBILITY  FOR  THE  COVERED   ELECTRONIC
DEVICES.
S 27-2911. SAMPLING AND REPORTING.
  1.  THE  DEPARTMENT SHALL BE RESPONSIBLE FOR THE CONDUCT OF AN AUDITA-
BLE, STATISTICALLY SIGNIFICANT SAMPLING OF  COVERED  ELECTRONIC  DEVICES
RECOVERED  EVERY  YEAR, FOR THOSE MANUFACTURERS WHO ELECT NOT TO CONDUCT
THEIR OWN COLLECTION, TRANSPORTATION AND RECYCLING PROGRAM. THE SAMPLING
INFORMATION COLLECTED SHALL INCLUDE:
  (A) A LIST OF THE BRAND NAMES OF COVERED ELECTRONIC DEVICES, INCLUDING
ORPHAN DEVICES;
  (B)  THE  NUMBER  OF  COVERED  ELECTRONIC  DEVICES,  INCLUDING  ORPHAN
DEVICES;
  (C)  THE  WEIGHT OF COVERED ELECTRONIC DEVICES THAT ARE IDENTIFIED FOR
EACH BRAND NAME OR FOR ORPHAN DEVICES;
  (D) THE TOTAL WEIGHT OF THE SAMPLE; AND
  (E) ANY OTHER ADDITIONAL INFORMATION NEEDED TO ASSIGN RETURN SHARE.
  2. THE SAMPLING SHALL BE CONDUCTED  IN  ACCORDANCE  WITH  A  PROCEDURE
ESTABLISHED  BY  THE  DEPARTMENT  AND  MAY BE CONDUCTED BY A THIRD-PARTY
ORGANIZATION INCLUDING THE RECYCLER, TO BE DETERMINED BY THE DEPARTMENT.
THE DEPARTMENT MAY, AT ITS DISCRETION BE PRESENT AT  THE  SAMPLING,  AND
MAY AUDIT THE METHODOLOGY AND THE RESULTS OF A THIRD-PARTY ORGANIZATION.
THE COSTS ASSOCIATED WITH THE SAMPLING SHALL BE RECOVERED FROM THE ELEC-
TRONIC  EQUIPMENT RECYCLING ACCOUNT OF THE ENVIRONMENTAL PROTECTION FUND
ESTABLISHED BY SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.

A. 1316                             7

  3. IF A MANUFACTURER CONDUCTS ITS OWN COLLECTION PLAN OF COVERED ELEC-
TRONIC DEVICES, THE MANUFACTURER SHALL ANNUALLY REPORT TO THE DEPARTMENT
ON OR BEFORE JANUARY THIRTIETH, BEGINNING THE SECOND PROGRAM YEAR:
  (A)  THE  RESULTS  OF AUDITABLE, STATISTICALLY SIGNIFICANT SAMPLING OF
THE COVERED ELECTRONIC DEVICES COLLECTED DURING  THE  PREVIOUS  CALENDAR
YEAR.  THE  INFORMATION  REPORTED SHALL INCLUDE A LIST OF BRAND NAMES OF
THE COVERED ELECTRONIC DEVICES; THE WEIGHT OF COVERED ELECTRONIC DEVICES
THAT ARE IDENTIFIED FOR EACH BRAND NAME AND THE WEIGHT OF COVERED  ELEC-
TRONIC  DEVICES THAT LACK A MANUFACTURER'S BRAND; AND ANY OTHER INFORMA-
TION DETERMINED BY THE DEPARTMENT AS NECESSARY TO ASSIGN A RETURN SHARE;
AND
  (B) THE TOTAL WEIGHT OF COVERED ELECTRONIC DEVICES  COLLECTED,  TRANS-
PORTED  AND  RECYCLED  DURING  THE  PRECEDING  CALENDAR  YEAR, INCLUDING
DOCUMENTATION VERIFYING COLLECTION AND PROCESSING OF SUCH MATERIAL.
S 27-2913. RETAILER RESPONSIBILITY.
  BEGINNING JANUARY FIRST, TWO THOUSAND ELEVEN RETAILERS  SHALL  PROVIDE
TO  THEIR  CUSTOMERS  THE  DEPARTMENT'S  TOLL-FREE  TELEPHONE NUMBER AND
WEBSITE. REMOTE SELLERS  MAY  INCLUDE  THIS  INFORMATION  IN  A  VISIBLE
LOCATION ON THEIR WEBSITE TO FULFILL THIS REQUIREMENT.
S 27-2915. DEPARTMENT RESPONSIBILITY.
  1.  THE  DEPARTMENT SHALL DETERMINE THE RETURN SHARE FOR EACH MANUFAC-
TURER THAT IS IN BUSINESS OR THAT IS NO LONGER IN BUSINESS,  BUT  HAS  A
SUCCESSOR  IN  INTEREST,  OF  COVERED ELECTRONIC DEVICES BY DIVIDING THE
WEIGHT OF COVERED ELECTRONIC DEVICES IDENTIFIED FOR EACH  SUCH  MANUFAC-
TURER  BY  THE TOTAL WEIGHT OF COVERED ELECTRONIC DEVICES IDENTIFIED FOR
ALL SUCH MANUFACTURERS AND MULTIPLYING THIS QUOTIENT BY ONE HUNDRED. FOR
THE FIRST PROGRAM YEAR, THE RETURN SHARE OF COVERED  ELECTRONIC  DEVICES
IDENTIFIED  FOR  AN  INDIVIDUAL  MANUFACTURER SHALL BE BASED ON THE BEST
AVAILABLE PUBLIC INFORMATION FOR RETURN SHARE DATA FROM OTHER STATES AND
OTHER PERTINENT DATA. FOR THE  SECOND  AND  EACH  SUBSEQUENT  YEAR,  THE
RETURN  SHARE OF COVERED ELECTRONIC DEVICES IDENTIFIED FOR EACH MANUFAC-
TURER SHALL BE BASED ON THE MOST RECENT SAMPLING OF  COVERED  ELECTRONIC
DEVICES CONDUCTED IN THE STATE.
  2.  THE DEPARTMENT SHALL DETERMINE THE RETURN SHARE IN WEIGHT FOR EACH
MANUFACTURER OF COVERED ELECTRONIC DEVICES  BY  MULTIPLYING  THE  RETURN
SHARE  FOR  EACH  MANUFACTURER  BY THE TOTAL WEIGHT IN POUNDS OF COVERED
ELECTRONIC DEVICES, INCLUDING ORPHAN  DEVICES,  COLLECTED  FROM  COVERED
ENTITIES THE PRECEDING YEAR.
  FOR  THE FIRST PROGRAM YEAR, THE TOTAL RETURN SHARE IN WEIGHT SHALL BE
BASED ON THE BEST AVAILABLE PUBLIC INFORMATION AND OTHER PERTINENT  DATA
ON  RETURN SHARE IN WEIGHT, INCLUDING AVAILABLE DATA, IF ANY, ON COVERED
ELECTRONIC DEVICES RECYCLED DURING THE PREVIOUS YEAR IN THE STATE.
  3. ANNUALLY, ON OR BEFORE FEBRUARY  FIFTEENTH,  THE  DEPARTMENT  SHALL
PROVIDE  EACH MANUFACTURER WITH ITS RETURN SHARE AND THE RETURN SHARE IN
WEIGHT OF COVERED ELECTRONIC DEVICES FOR SUCH YEAR.
  4. THE DEPARTMENT SHALL RECEIVE ALL  FEES  IMPOSED  PURSUANT  TO  THIS
TITLE. SIXTY DAYS AFTER RECEIVING FROM THE DEPARTMENT PURSUANT TO SUBDI-
VISION 3 OF THIS SECTION ITS RETURN SHARE IN WEIGHT, MANUFACTURERS WITH-
OUT  APPROVED  PLANS  SHALL  SUBMIT  TO THE DEPARTMENT FEES, AS REQUIRED
PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE  OF  SECTION  27-2909  OF
THIS TITLE.
  5.  THE  DEPARTMENT  SHALL  PREPARE  AND  IMPLEMENT  ITS  PLAN FOR THE
COLLECTION, TRANSPORTATION, AND RECYCLING OF COVERED ELECTRONIC  DEVICES
FOR THOSE MANUFACTURERS WITHOUT APPROVED PLANS.
  (A)  THE  DEPARTMENT  SHALL  ENSURE  THAT THE PLAN PROVIDES COLLECTION
SERVICES FOR COVERED ELECTRONIC DEVICES THAT ARE  REASONABLY  CONVENIENT

A. 1316                             8

AND  AVAILABLE  TO ALL COVERED ENTITIES IN THE STATE RESIDING WITHIN ITS
GEOGRAPHIC BOUNDARIES, INCLUDING BOTH RURAL AND URBAN  AREAS.  THE  PLAN
MAY PROVIDE COLLECTION SERVICES JOINTLY WITH ONE OR MORE MANUFACTURERS.
  (B)  THE  DEPARTMENT'S  PLAN  MAY PROVIDE COLLECTION SERVICES IN FORMS
DIFFERENT THAN COLLECTION SITES, IF  THOSE  ALTERNATE  SERVICES  PROVIDE
EQUAL  OR BETTER CONVENIENCE TO HOUSEHOLDS AND EQUAL OR INCREASED RECOV-
ERY OF COVERED ELECTRONIC DEVICES.
  (C) FOR RURAL AREAS WITHOUT COMMERCIAL CENTERS OR  AREAS  WITH  WIDELY
DISPERSED  POPULATIONS,  THE DEPARTMENT'S PLAN MAY PROVIDE COLLECTION AT
THE NEAREST COMMERCIAL CENTERS OR SOLID WASTE SITES, COLLECTION  EVENTS,
MAIL-BACK SYSTEMS, OR A COMBINATION OF THESE OPTIONS.
  (D)  COLLECTION  SITES  MAY  INCLUDE  ELECTRONIC  RECYCLERS AND REPAIR
SHOPS, RECYCLERS OF OTHER COMMODITIES, REUSE ORGANIZATIONS, NOT-FOR-PRO-
FITS, RETAILERS,  GOVERNMENT  RECYCLING  SITES  OR  ANY  OTHER  SUITABLE
LOCATIONS.
  (E)  THE  DEPARTMENT'S  PLAN  SHALL  ENCOURAGE  THE  USE  OF  EXISTING
COLLECTION AND CONSOLIDATION INFRASTRUCTURES FOR HANDLING COVERED  ELEC-
TRONIC DEVICES TO THE EXTENT THAT SUCH INFRASTRUCTURE IS ACCESSIBLE ON A
REGULAR AND ONGOING BASIS, IS COST EFFECTIVE AND COMPLIES WITH THE ENVI-
RONMENTALLY  SOUND MANAGEMENT RULES AND REGULATIONS PROMULGATED PURSUANT
TO THIS TITLE.
  (F) THE DEPARTMENT'S PLAN SHALL ESTABLISH  REASONABLE  LIMITS  ON  THE
NUMBER OF COVERED ELECTRONIC DEVICES BY PRODUCT TYPE ACCEPTED PER HOUSE-
HOLD  PER  DAY  OR PER DELIVERY AT A COLLECTION SITE OR SERVICE. FOR THE
PURPOSES OF THIS TITLE AND NOTWITHSTANDING ANY OTHER  PROVISION  TO  THE
CONTRARY  IN  THIS  TITLE,  THE  COLLECTION OF NOT MORE THAN TEN COVERED
ELECTRONIC DEVICES PER DAY  FROM  ANY  PERSON  IN  ACCORDANCE  WITH  THE
DEPARTMENT'S  PLAN  SHALL  BE  DEEMED  TO BE THE COLLECTION OF A COVERED
ELECTRONIC DEVICE FROM A HOUSEHOLD. ALL HOUSEHOLDS MAY USE A  COLLECTION
SITE AS LONG AS THE HOUSEHOLDS ADHERE TO ANY RESTRICTIONS ESTABLISHED IN
THE PLANS.
  (G) SMALL BUSINESSES, NOT-FOR-PROFIT CORPORATIONS AND SCHOOL DISTRICTS
MAY  DELIVER  COVERED  ELECTRONIC  DEVICES FOR RECYCLING AT NO CHARGE TO
SUCH SMALL BUSINESSES, NOT-FOR-PROFIT CORPORATIONS AND SCHOOL DISTRICTS,
ONLY TO LOCATIONS SPECIFIED BY THE DEPARTMENT.
  6. THE  DEPARTMENT  SHALL  ORGANIZE,  CONDUCT  AND  COORDINATE  PUBLIC
OUTREACH.
  7. THE DEPARTMENT SHALL USE ALL MONEYS APPROPRIATED FROM THE ELECTRON-
IC  EQUIPMENT RECYCLING ACCOUNT FOR THE SOLE PURPOSE OF IMPLEMENTING THE
PROVISIONS OF THIS TITLE.
  8. BEGINNING IN TWO THOUSAND ELEVEN, THE DEPARTMENT SHALL COMPLETE  AN
ANNUAL  REPORT ON ALL COVERED ELECTRONIC DEVICES COLLECTED, TRANSPORTED,
AND RECYCLED PURSUANT TO ITS PLAN ON OR BEFORE JANUARY  THIRTIETH.  SUCH
REPORT SHALL INCLUDE:
  (A)  A  LIST  OF  ALL  PARTIES  WHOM  THE DEPARTMENT HAS DESIGNATED AS
APPROVED TO RECEIVE PAYMENTS, THE AMOUNT OF  PAYMENTS  IT  HAS  MADE  TO
THOSE PARTIES, AND THE PURPOSE OF THOSE PAYMENTS;
  (B)  THE  TOTAL  WEIGHT OF COVERED ELECTRONIC DEVICES COLLECTED IN THE
STATE THE PREVIOUS CALENDAR YEAR;
  (C) A LIST OF ALL COLLECTION SITES  OPERATED  IN  THE  STATE  AND  THE
PARTIES WHO OPERATE THEM;
  (D)  AN  EVALUATION OF THE EFFECTIVENESS OF THE EDUCATION AND OUTREACH
PROGRAM; AND
  (E) AN EVALUATION OF THE EXISTING COLLECTION  AND  PROCESSING  INFRAS-
TRUCTURE.

A. 1316                             9

  9. THE DEPARTMENT SHALL, BY JUNE FIRST, TWO THOUSAND TEN, MAINTAIN AND
UPDATE  AN  INTERNET  WEBSITE  AND  A  TOLL-FREE TELEPHONE NUMBER WITH A
CURRENT LISTING  OF  WHERE  CONSUMERS  CAN  DEPOSIT  COVERED  ELECTRONIC
DEVICES FOR RECYCLING.
  10.  BEGINNING  JANUARY  THIRTIETH,  TWO THOUSAND TWELVE, AND ANNUALLY
THEREAFTER, THE DEPARTMENT MAY ADJUST THE COST PER POUND  FOR  RECYCLING
COVERED  ELECTRONIC  DEVICES,  WHICH  COST  PER  POUND AMOUNT IS USED TO
CALCULATE THE ADDITIONAL FEE THAT MANUFACTURERS MUST PAY TO THE  DEPART-
MENT  PURSUANT  TO PARAGRAPH (A) OF SUBDIVISION THREE OF SECTION 27-2909
OF THIS TITLE AND THE PAYMENT  THAT  A  MANUFACTURER  MUST  PAY  TO  THE
DEPARTMENT PURSUANT TO SUBDIVISION TEN OF SECTION 27-2909 OF THIS TITLE,
IN  ORDER  TO  REASONABLY  APPROXIMATE  MARKET COSTS FOR THE COLLECTION,
TRANSPORTATION AND RECYCLING OF COVERED  ELECTRONIC  DEVICES.  PRIOR  TO
MAKING  ANY  SUCH  ADJUSTMENT,  THE  DEPARTMENT SHALL NOTIFY THE PUBLIC,
INCLUDING ALL REGISTERED MANUFACTURERS, OF ANY PROPOSED  CHANGE  TO  THE
COST PER POUND AND PROVIDE A PUBLIC COMMENT PERIOD. THE DEPARTMENT SHALL
NOTIFY ALL REGISTERED MANUFACTURERS OF ANY CHANGES TO THE COST PER POUND
BY  NOVEMBER  FIRST PRIOR TO THE PROGRAM YEAR FOR WHICH THE REVISED COST
PER POUND IS TO BE USED.
S 27-2917. FEES FOR THE COLLECTION OR RECYCLING  OF  COVERED  ELECTRONIC
             DEVICES.
  NO  FEE  OR  CHARGE  SHALL  BE IMPOSED UPON ANY COVERED ENTITY FOR THE
COLLECTION, TRANSPORTATION OR RECYCLING OF COVERED ELECTRONIC DEVICES BY
ANY PERSON OR ENTITY PARTICIPATING IN OR BEING COMPENSATED BY THE STATE-
WIDE PROGRAM OPERATED AND FUNDED BY THE DEPARTMENT OR BY A  MANUFACTURER
FOR  RECYCLING  OR  TAKE-BACK  OR  FOR  ANY OTHER PURPOSE RELATED TO THE
COLLECTION, TRANSPORTATION OR RECYCLING OF COVERED  ELECTRONIC  DEVICES.
PROVIDED,  HOWEVER,  THAT  THIS  SHALL NOT PROHIBIT COLLECTORS PROVIDING
PREMIUM SERVICES FROM  CHARGING  CUSTOMERS  A  FEE  FOR  THE  ADDITIONAL
COLLECTION  COST  OF PROVIDING SUCH SERVICE, WHEN FUNDING FOR COLLECTION
FROM THE STATE-WIDE PROGRAM FUNDED BY THE DEPARTMENT OR A PROGRAM FUNDED
BY A MANUFACTURER DOES NOT FULLY COVER THE COST OF SUCH SERVICE.
S 27-2919. CONTRACTS FOR COLLECTION,  TRANSPORTATION  AND  RECYCLING  OF
             COVERED ELECTRONIC DEVICES.
  THE   COMMISSIONER  MAY  ENTER  INTO  CONTRACTS  WITH  MUNICIPALITIES,
NOT-FOR-PROFIT CORPORATIONS, AND FOR-PROFIT ORGANIZATIONS AND  COMPANIES
FOR  THE  COLLECTION, TRANSPORTATION AND RECYCLING OF COVERED ELECTRONIC
DEVICES. CONTRACTS SHALL INCLUDE PROVISIONS TO ENSURE THE FOLLOWING:
  1. THE COVERED ELECTRONIC DEVICES ARE COLLECTED FROM A COVERED  ENTITY
LOCATED IN THE STATE;
  2.  THE  COLLECTION, TRANSPORTATION AND RECYCLING OF THE COVERED ELEC-
TRONIC DEVICES ARE CONDUCTED IN ACCORDANCE WITH  ALL  LOCAL,  STATE  AND
FEDERAL LAWS;
  3.  NO FEES OR COSTS ARE CHARGED TO COVERED ENTITIES; PROVIDED, HOWEV-
ER, THIS SHALL NOT PROHIBIT COLLECTORS PROVIDING PREMIUM  SERVICES  FROM
CHARGING  CUSTOMERS  A  FEE  FOR ADDITIONAL COLLECTION COST OF PROVIDING
SUCH SERVICE, WHEN FUNDING FOR COLLECTION FROM  THE  STATE-WIDE  PROGRAM
FUNDED  BY THE DEPARTMENT DOES NOT FULLY COVER THE COST OF SUCH SERVICE;
AND
  4.  RECORDKEEPING  TO  ACCOUNT  FOR  ALL  COVERED  ELECTRONIC  DEVICES
ACCEPTED AND THE DISPOSITION OF SUCH DEVICES.
S 27-2921. ENVIRONMENTALLY SOUND MANAGEMENT REQUIREMENTS.
  1.  ALL  COVERED  ELECTRONIC  DEVICES COLLECTED PURSUANT TO THIS TITLE
SHALL BE RECYCLED IN A MANNER THAT IS IN COMPLIANCE WITH ALL  APPLICABLE
FEDERAL, STATE AND LOCAL LAWS, RULES AND REGULATIONS.

A. 1316                            10

  2.  THE  DEPARTMENT  SHALL ESTABLISH BY RULE PERFORMANCE STANDARDS FOR
ENVIRONMENTALLY SOUND MANAGEMENT FOR PROCESSORS DIRECTLY USED TO FULFILL
THE REQUIREMENTS OF THIS TITLE. PERFORMANCE STANDARDS MAY INCLUDE FINAN-
CIAL ASSURANCE TO ENSURE PROPER CLOSURE OF  FACILITIES  CONSISTENT  WITH
ENVIRONMENTAL STANDARDS.
  3.  THE DEPARTMENT SHALL ESTABLISH BY RULE GUIDELINES REGARDING NONRE-
CYCLED RESIDUAL THAT MAY BE PROPERLY DISPOSED OF AFTER COVERED ELECTRON-
IC DEVICES HAVE BEEN PROCESSED.
  4. THE DEPARTMENT MAY AUDIT PROCESSORS THAT ARE  UTILIZED  TO  FULFILL
THE REQUIREMENTS OF A DEPARTMENT PLAN.
  5.  BY DECEMBER FIFTEENTH, TWO THOUSAND ELEVEN AND ANNUALLY THEREAFTER
BY JANUARY FIFTEENTH, EACH RECYCLER USED DIRECTLY BY A MANUFACTURER IN A
PLAN SHALL SUBMIT TO THE MANUFACTURER A CERTIFICATION THAT AN  AUDIT  OF
THE RECYCLER HAS BEEN CONDUCTED WITHIN THE PAST TWELVE MONTHS. THE AUDIT
MUST  ASSESS  COMPLIANCE  WITH  ALL APPLICABLE FEDERAL, STATE, AND LOCAL
LAWS, RULES AND REGULATIONS.
S 27-2923. DISPOSAL BAN.
  NO PERSON SHALL KNOWINGLY OR INTENTIONALLY PLACE  OR  DISPOSE  OF  ANY
COVERED ELECTRONIC DEVICE IN ANY SOLID WASTE DISPOSAL FACILITY.
S 27-2925. ENFORCEMENT.
  1.  THE DEPARTMENT SHALL ENFORCE THE PROVISIONS OF THIS TITLE PURSUANT
TO THE PROVISIONS OF TITLE TWENTY-SEVEN OF ARTICLE SEVENTY-ONE  OF  THIS
CHAPTER.
  2. THE VIOLATIONS OF THIS TITLE SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A)  THE  SALE  OF ANY COVERED ELECTRONIC DEVICE WHICH DOES NOT COMPLY
WITH THE PROVISIONS OF THIS TITLE;
  (B) APPLICATION FOR COMPENSATION FOR  THE  RECYCLING  OF  ANY  COVERED
ELECTRONIC DEVICE NOT COLLECTED WITHIN THE STATE;
  (C) USE OF A QUALIFIED COLLECTION PROGRAM TO RECYCLE ANY COVERED ELEC-
TRONIC DEVICE NOT DISCARDED WITHIN THE STATE;
  (D)  THE  KNOWING  FAILURE  TO  REPORT  OR  ACCURATELY REPORT ANY DATA
REQUIRED TO BE REPORTED TO THE DEPARTMENT BY THIS TITLE; AND
  (E) ANY VIOLATION OF THE REQUIREMENTS OF THIS TITLE.
S 27-2927. REGULATORY AUTHORITY.
  THE DEPARTMENT MAY ADOPT SUCH RULES AND REGULATIONS AS SHALL BE NECES-
SARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
S 27-2929. DISPOSITION OF FEES AND PENALTIES.
  ALL FEES AND PENALTIES COLLECTED PURSUANT TO THE  PROVISIONS  OF  THIS
TITLE  SHALL BE PAID TO THE COMPTROLLER FOR DEPOSIT TO THE CREDIT OF THE
ELECTRONIC EQUIPMENT RECYCLING ACCOUNT OF THE  ENVIRONMENTAL  PROTECTION
FUND  ESTABLISHED  PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE
LAW.
S 27-2931. FINANCIAL AND PROPRIETARY INFORMATION.
  FINANCIAL OR PROPRIETARY INFORMATION SUBMITTED TO THE DEPARTMENT UNDER
THIS TITLE IS EXEMPT FROM PUBLIC DISCLOSURE UNDER  ARTICLE  SIX  OF  THE
PUBLIC OFFICERS LAW.
S 27-2933. FEDERAL PREEMPTION.
  THIS  TITLE SHALL BE DEEMED REPEALED IF A FEDERAL LAW OR A COMBINATION
OF FEDERAL LAWS, TAKES EFFECT THAT ESTABLISHES A  NATIONAL  PROGRAM  FOR
THE COLLECTION AND RECYCLING OF COVERED ELECTRONIC DEVICES THAT SUBSTAN-
TIALLY  MEETS  THE  INTENT  OF  THIS  TITLE, INCLUDING THE CREATION OF A
FINANCING MECHANISM FOR COLLECTION, TRANSPORTATION, AND RECYCLING OF ALL
COVERED ELECTRONIC DEVICES FROM  HOUSEHOLDS,  SMALL  BUSINESSES,  SCHOOL
DISTRICTS AND NOT-FOR-PROFIT CORPORATIONS IN THE UNITED STATES.
S 27-2935. SEVERABILITY.

A. 1316                            11

  THE PROVISIONS OF THIS TITLE SHALL BE SEVERABLE, AND IF ANY PARAGRAPH,
SUBDIVISION,  SECTION  OR  PART  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  4.  The  environmental  conservation law is amended by adding a new
section 71-2728 to read as follows:
S 71-2728. ENFORCEMENT OF TITLE 29 OF ARTICLE 27.
  1. ANY MANUFACTURER WHO VIOLATES ANY REQUIREMENT OF SUBDIVISION ONE OR
THREE OF SECTION 27-2909 OF THIS CHAPTER MUST FIRST  RECEIVE  A  WRITTEN
WARNING  FROM  THE  DEPARTMENT  INCLUDING A COPY OF THE REQUIREMENTS AND
THIRTY DAYS TO CORRECT THE VIOLATION.  AFTER THIRTY DAYS, SUCH  MANUFAC-
TURER  MAY  BE  ASSESSED A PENALTY OF UP TO TEN THOUSAND DOLLARS FOR THE
FIRST VIOLATION AND UP TO TWENTY-FIVE THOUSAND DOLLARS  FOR  THE  SECOND
AND  EACH SUBSEQUENT VIOLATION, IN ADDITION TO BEING RESPONSIBLE FOR ANY
PAYMENTS REQUIRED IN THIS ARTICLE.
  2. EXCEPT AS PROVIDED IN SUBDIVISION ONE OF THIS SECTION,  ANY  PERSON
WHO VIOLATES ANY REQUIREMENT OF TITLE TWENTY-NINE OF ARTICLE TWENTY-SEV-
EN OF THIS CHAPTER MUST FIRST RECEIVE A WRITTEN WARNING FROM THE DEPART-
MENT  INCLUDING  A  COPY  OF THE REQUIREMENTS UNDER TITLE TWENTY-NINE OF
ARTICLE TWENTY-SEVEN OF THIS CHAPTER AND  THIRTY  DAYS  TO  CORRECT  THE
VIOLATION.   AFTER THIRTY DAYS, SUCH PERSON MAY BE ASSESSED A PENALTY OF
UP TO ONE THOUSAND DOLLARS FOR THE FIRST VIOLATION AND UP TO  TWO  THOU-
SAND DOLLARS FOR THE SECOND AND SUBSEQUENT VIOLATIONS.
  S  5. Subdivision 2 of section 92-s of the state finance law, as added
by chapter 610 of the laws of 1993, is amended to read as follows:
  2. a. The comptroller  shall  establish  the  following  separate  and
distinct accounts within the environmental protection fund:
  (i) solid waste account;
  (ii) parks, recreation and historic preservation account;
  (iii) open space account; [and]
  (iv) environmental protection transfer account[.]; AND
  (V) ELECTRONIC EQUIPMENT RECYCLING ACCOUNT.
  b.  All monies received by the comptroller for deposit in the environ-
mental protection fund, EXCEPT THOSE  MONIES  COLLECTED  FROM  FEES  AND
PENALTIES  IMPOSED PURSUANT TO TITLE TWENTY-NINE OF ARTICLE TWENTY-SEVEN
OF THE ENVIRONMENTAL CONSERVATION LAW, shall be deposited first  to  the
credit  of  the  environmental  protection  transfer account. ALL MONIES
RECEIVED BY THE COMPTROLLER FOR DEPOSIT IN THE ENVIRONMENTAL  PROTECTION
FUND  FROM FEES AND PENALTIES COLLECTED PURSUANT TO TITLE TWENTY-NINE OF
ARTICLE TWENTY-SEVEN OF THE  ENVIRONMENTAL  CONSERVATION  LAW  SHALL  BE
DEPOSITED  TO  THE CREDIT OF THE ELECTRONIC EQUIPMENT RECYCLING ACCOUNT.
No monies shall be expended from any such account for any project except
pursuant to appropriation by the legislature.
  S 6. Subdivision 3 of section  92-s  of  the  state  finance  law,  as
amended  by  chapter  145  of  the  laws  of 2004, is amended to read as
follows:
  3. Such fund shall consist of the amount of revenue  collected  within
the  state  from the amount of revenue, interest and penalties deposited
pursuant to section fourteen hundred twenty-one  of  the  tax  law,  THE
AMOUNT  OF  FEES AND PENALTIES RECEIVED PURSUANT TO TITLE TWENTY-NINE OF
ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW,  the  amount
of  fees  and  penalties  received  from easements or leases pursuant to
subdivision fourteen of section seventy-five of the public lands law and
the money received as annual service charges pursuant  to  section  four
hundred four-l of the vehicle and traffic law, all moneys required to be
deposited  therein from the contingency reserve fund pursuant to section

A. 1316                            12

two hundred ninety-four of chapter fifty-seven of the laws  of  nineteen
hundred  ninety-three,  all  moneys required to be deposited pursuant to
section thirteen of chapter six hundred ten  of  the  laws  of  nineteen
hundred  ninety-three,  repayments  of  loans  made  pursuant to section
54-0511 of the environmental conservation law, all moneys to be deposit-
ed from the Northville settlement pursuant to section one hundred  twen-
ty-four  of  chapter  three hundred nine of the laws of nineteen hundred
ninety-six, provided however, that such moneys shall only  be  used  for
the  cost  of  the  purchase  of  private  lands in the core area of the
central Suffolk pine barrens pursuant to a consent order with the North-
ville industries signed on October thirteenth, nineteen hundred  ninety-
four  and  the  related  resource  restoration and replacement plan, the
amount of penalties required to be deposited therein by section  71-2724
of  the environmental conservation law, and all other moneys credited or
transferred thereto from any other fund or source pursuant to  law.  All
such  revenue  shall  be  initially  deposited  into  the  environmental
protection fund, for application as provided in subdivision  [five]  SIX
of this section.
  S 7. Subdivision 6 of section 92-s of the state finance law is amended
by adding a new paragraph (f) to read as follows:
  (F)  MONEYS  FROM  THE ELECTRONIC EQUIPMENT RECYCLING ACCOUNT SHALL BE
MADE AVAILABLE, PURSUANT TO APPROPRIATION, TO THE DEPARTMENT OF ENVIRON-
MENTAL CONSERVATION TO BE USED SOLELY FOR THE PURPOSES  OF  IMPLEMENTING
AND ENFORCING THE PROVISIONS OF TITLE TWENTY-NINE OF ARTICLE TWENTY-SEV-
EN OF THE ENVIRONMENTAL CONSERVATION LAW.
  S 8. This act shall take effect January 1, 2010 except that:
  (a) section 27-2923 of the environmental conservation law, as added by
section three of this act, shall take effect January 1, 2011;
  (b)  the  department  of  environmental  conservation  is  immediately
authorized to develop any rules and regulations necessary  to  implement
the provisions of this act; and
  (c)  the  department  of  environmental  conservation shall notify the
legislative bill drafting commission upon the occurrence of  the  enact-
ment  of the legislation provided for in section 27-2933 of the environ-
mental conservation law, as added by section three of this act, in order
that the commission may maintain an accurate and timely  effective  data
base of the official text of the laws of the state of New York in furth-
erance  of  effectuating the provisions of section 44 of the legislative
law and section 70-b of the public officers law.