SB-0898, As Passed House, December 10, 2008

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 898

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

(MCL 324.101 to 324.90106) by adding sections 17317, 17319, 17323,

and 17331.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 17317. (1) By 30 days after the end of each state fiscal

year, a person who engages in the business of recycling covered

electronic devices shall register with the department on a form

provided by the department. The registration expires 30 days after

the end of the following state fiscal year. After October 30, 2009,

a recycler who has not already filed a registration under this part

shall submit a registration within 10 business days after the

recycler begins to recycle covered electronic devices.

(2) A registration under subsection (1) shall include all of

the following:

(a) The name, address, telephone number, and location of all

recycling facilities under the direct control of the recycler

located in this state that may receive covered electronic devices.

(b) A certification by the recycler that the recycler

substantially meets the requirements of section 17315.

(3) Beginning October 30, 2010, a recycler of covered

electronic devices shall report the total weight of covered

electronic devices recycled during the previous year. The recycler

shall keep a written log that records the weight of covered video

display devices and the total weight of covered computers delivered

to the recycler and identified as such on receipt. The total weight

reported in the registration shall be based on this log.

(4) A recycler's registration is effective upon receipt by the

department if the registration is administratively complete.

(5) If a recycler's registration does not meet the

requirements of this section and any rules promulgated under this

part, the department shall notify the recycler of the deficiency.

If the recycler fails to correct the deficiency within 60 days

after notice is sent by the department, the department may deny or

revoke the recycler's registration, after providing an opportunity

for a contested case hearing under the administrative procedures

act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

(6) Until October 1, 2015, a recycler's registration under

subsection (1) shall be accompanied by an annual fee of $2,000.00.

(7) Revenue from recyclers' registration fees collected under

this section shall be deposited in the electronic waste recycling

fund created in section 17327.

(8) Submitting a false registration under subsection (1) is a

violation of this part.

(9) Not later than October 1, 2011 and every 2 years after

that date, the department shall submit a report to the secretary of

the senate and to the clerk of the house of representatives that

assesses the adequacy of the fees under this section and any

departmental recommendation to modify those fees.

Sec. 17319. A recycler shall comply with all of the following:

(a) Employ industry-accepted procedures substantially

equivalent to those specified by the United States department of

defense for the destruction or sanitization of data on hard drives

and other data storage devices.

(b) Maintain a documented environmental, health, and safety

management system that may be audited and is compliant with or

equivalent to ISO 14001.

recycler provided electronic devices or materials derived from

electronic devices for the purpose of conducting additional

recycling and the weight and volume of material provided to each of

those persons.

(d) Not use state or federal prison labor to process covered

electronic devices or transact with a third party that uses or

subcontracts for the use of prison labor.

Sec. 17323. Management of covered electronic devices

consistent with this part is not considered disposal for purposes

of section 11538(6).

Senate Bill No. 898 (H-1) as amended December 10, 2008

Sec. 17331. [(1)] Except to the extent otherwise provided by

contract, a manufacturer, retailer, collector, or[, subject to subsection

(2),] recycler is not

liable for the loss or use of data or other information from an

information storage device of a covered electronic device collected

or recycled under this part.

[(2) The exemption from liability for the use of data or other information under subsection (1) applies to a recycler only if the recycler complies with section 17319(a).]

Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 94th Legislature are

enacted into law:

(a) Senate Bill No. 897.

(b) House Bill No. 6714.