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SECTION 27-2603
Manufacturer collection; recycling surcharge
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 26
§ 27-2603. Manufacturer collection; recycling surcharge.

1. (a) Beginning April 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 April first, two thousand eleven, a manufacturer of
covered electronic equipment must accept for collection, handling and
recycling or reuse one piece of electronic waste of any manufacturer's
brand if offered by a consumer with the purchase of covered electronic
equipment of the same type by a consumer. Such waste shall count toward
the amount of the electronic waste required to be accepted pursuant to
subdivision four of this section.

2. Beginning April first, two thousand eleven, each manufacturer must
accept for collection, handling and recycling or reuse the
manufacturer's acceptance standard as specified in subdivision four of
this section.

3. Statewide recycling or reuse goal. (a) For the period from April
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 multiplied by three pounds
multiplied by three-quarters.

(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 for the state, 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 for the state, 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 based on information 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
recycling or reuse goal for the previous calendar year;

(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 the period April first,
two thousand eleven through December thirty-first, two thousand eleven
and annually thereafter, each manufacturer's acceptance standard is the
product of the statewide recycling or reuse goal under paragraph (a),
(b), (c) or (d) of subdivision three of this section, as appropriate,
multiplied by that manufacturer's market share pursuant to paragraph (b)
of this subdivision.

(b) 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
determined by the best available information, including, but not limited
to, state sales data reported by weight. Beginning April first, two
thousand eleven, and every calendar 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 manufacturer'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 sections 27-2605 and 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 sections 27-2605 and 27-2617 of this title.

5. In the absence of a waiver by the department pursuant to
subdivision three of section 27-2615 of this title, beginning in
calendar year two thousand thirteen, a manufacturer that fails to meet
its manufacturer's acceptance standard for the previous calendar year 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
manufacturer'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.

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
manufacturer 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.