HOUSE BILL No. 6714

November 19, 2008, Introduced by Reps. Warren, Alma Smith, Angerer and Meadows and referred to the Committee on Great Lakes and Environment.

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 11514 (MCL 324.11514), as amended by 2007 PA

212, and by adding part 173.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 11514. (1) Optimizing recycling opportunities, including

electronics recycling opportunities, and the reuse of materials

shall be a principal objective of the state's solid waste

management plan. Recycling and reuse of materials, including the

reuse of materials from electronic devices, are in the best

interest of promoting the public health and welfare. The state

shall develop policies and practices that promote recycling and

reuse of materials and, to the extent practical, minimize the use

of landfilling as a method for disposal of its waste. Policies and

practices that promote recycling and reuse of materials, including

materials from electronic devices, will conserve raw materials,

conserve landfill space, and avoid the contamination of soil and

groundwater from heavy metals and other pollutants.

(2) A person shall not knowingly deliver to a landfill for

disposal, or, if the person is an owner or operator of a landfill,

knowingly permit disposal in the landfill of, any of the following:

(a) Medical waste, unless that medical waste has been

decontaminated or is not required to be decontaminated but is

packaged in the manner required under part 138 of the public health

code, 1978 PA 368, MCL 333.13801 to 333.13831.

(b) More than a de minimis amount of open, empty, or otherwise

used beverage containers.

tires.

(d) More than a de minimis amount of yard clippings, unless

they are diseased, infested, or composed of invasive species as

authorized by section 11521(1)(i).

(3) A person shall not deliver to a landfill for disposal, or,

if the person is an owner or operator of a landfill, permit

disposal in the landfill of, any of the following:

(a) Used oil as defined in section 16701.

(b) A lead acid battery as defined in section 17101.

low-level radioactive waste authority act, 1987 PA 204, MCL

333.26202.

(d) Regulated hazardous waste as defined in R 299.4104 of the

Michigan administrative code.

(e) Bulk or noncontainerized liquid waste or waste that

contains free liquids, unless the waste is 1 of the following:

(i) Household waste other than septage waste.

(ii) Leachate or gas condensate that is approved for

recirculation.

(iii) Septage waste or other liquids approved for beneficial

addition under section 11511b.

(f) Sewage.

(g) PCBs as defined in 40 CFR 761.3.

(h) Asbestos waste, unless the landfill complies with 40 CFR

61.154.

(4) A person shall not knowingly deliver to a municipal solid

waste incinerator for disposal, or, if the person is an owner or

operator of a municipal solid waste incinerator, knowingly permit

disposal in the incinerator of, more than a de minimis amount of

yard clippings, unless they are diseased, infested, or composed of

invasive species as authorized by section 11521(1)(i). The

department shall post, and a solid waste hauler that disposes of

solid waste in a municipal solid waste incinerator shall provide

its customers with, notice of the prohibitions of this subsection

in the same manner as provided in section 11527a.

(5) If the department determines that a safe, sanitary, and

feasible alternative does not exist for the disposal in a landfill

or municipal solid waste incinerator of any items described in

subsection (2) or (4), respectively, the department shall submit a

report setting forth that determination and the basis for the

determination to the standing committees of the senate and house of

representatives with primary responsibility for solid waste issues.

PART 173 ELECTRONICS

Sec. 17301. As used in this part:

(a) "Collector" means a person who receives covered electronic

devices from consumers and arranges for the delivery of the covered

electronic devices to a recycler.

(b) "Computer" means a desktop personal computer or laptop

computer, a computer monitor, or beginning April 1, 2011, a

printer. Computer does not include any of the following:

(i) A personal digital assistant device or mobile telephone.

(ii) A computer peripheral device, including a mouse or other

similar pointing device, or a detachable or wireless keyboard.

section 17305(c).

(d) "Consumer" means a person who used a covered electronic

device primarily for personal or small business purposes in this

state.

(e) "Covered computer" means a computer that was or will be

used primarily for personal or small business purposes in this

state. Covered computer does not include a device that is

functionally or physically a part of, or connected to, or

integrated within a larger piece of equipment or system designed

and intended for use in an industrial, governmental, commercial,

research and development, or medical setting, including, but not

limited to, diagnostic, monitoring, or control products, medical

products approved under the federal food, drug, and cosmetic act,

21 USC 301 to 399, equipment used for security, sensing,

monitoring, antiterrorism, or emergency services purposes, or

equipment designed and intended primarily for use by professional

users.

(f) "Covered electronic device" means a covered computer or

covered video display device.

(g) "Covered video display device" means a video display

device that was or will be used primarily for personal or small

business purposes in this state. Covered video display device does

not include a device that is functionally or physically a part of,

or connected to, or integrated within a larger piece of equipment

or system designed and intended for use in an industrial,

governmental, commercial, research and development, or medical

setting, including, but not limited to, diagnostic, monitoring, or

control products, medical products approved under the federal food,

drug, and cosmetic act, 21 USC 301 to 399, equipment used for

security, sensing, monitoring, antiterrorism, or emergency services

purposes, or equipment designed and intended primarily for use by

professional users.

(h) "Department" means the department of environmental

quality.

(i) "Electronic device takeback program" or "takeback program"

means a computer takeback program or a video display device

takeback program.

(j) "Manufacturer", subject to subdivision (k), means any of

the following:

(i) The person who owns the brand with which a covered computer

is labeled.

(ii) The person who owns or is licensed to use the brand with

which a covered video display device is labeled.

(iii) If the brand owner does not do business in the United

States, the person on whose account a covered electronic device was

imported into the United States.

(iv) A person who contractually assumes the responsibilities

and obligations of a person described under subparagraph (i), (ii),

or (iii).

(k) Manufacturer does not include a person unless the person

manufactured, sold, or imported more than 50 covered video display

devices in the previous calendar year or more than 50 covered

computers in 2000 or any subsequent calendar year.

(l) "Printer" means a printer or a multifunction or "all-in-

one" device that in addition to printing performs 1 or more other

operations such as copying, scanning, or faxing, that is designed

to be placed on a desk or other work surface, and that may use any

of various print technologies, such as laser and LED

(electrographic), ink jet, dot matrix, thermal, or digital

sublimation. Printer does not include a floor-standing printer, a

printer with an optional floor stand, a point of sale (POS) receipt

printer, a household printer such as a calculator with printing

capabilities or a label maker, or a non-stand-alone printer that is

embedded into a product other than a covered computer.

(m) "Recycler" means a person who as a principal component of

business operations acquires covered electronic devices and sorts

and processes the covered electronic devices to facilitate

recycling or resource recovery techniques. Recycler does not

include a collector, hauler, or electronics shop.

(n) "Retailer" means a person that sells a covered electronic

device to a consumer by any means, including transactions conducted

through sales outlets, catalogs, mail order, or the internet,

whether or not the person has a physical presence in this state.

(o) "Small business" means a business with 10 or fewer

employees.

(p) "Video display device" means an electronic device with a

viewable screen of 4 inches or larger that contains a tuner that

locks on to a selected carrier frequency and is capable of

receiving and displaying television or video programming via

broadcast, cable, or satellite. Video display device includes, but

is not limited to, a direct view or projection television whose

display technology is based on cathode ray tube (CRT), plasma,

liquid crystal (LCD), digital light processing (DLP), liquid

crystal on silicon (LCOS), silicon crystal reflective display

(SXRD), light emitting diode (LED), or similar technology.

(q) "Video display device takeback program" means a program

required under section 17305(d).

Sec. 17303. (1) By 30 days following the end of each state

fiscal year, a manufacturer that sells or offers for sale to any

person in this state a new covered electronic device shall register

with the department on a form provided by the department. After

October 30, 2009, a manufacturer who has not already filed a

registration under this part shall submit a registration within 10

business days after the manufacturer begins to sell or offer for

sale new covered electronic devices in this state.

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

the following:

(a) The manufacturer's name, address, and telephone number.

(b) Each brand name under which the manufacturer sells or

offers for sale covered electronic devices in this state.

takeback program, including all of the following:

(i) Information provided to consumers on how and where to

return covered electronic devices labeled with the manufacturer's

name or brand label.

(ii) The means by which information described in subparagraph

(i) is disseminated to consumers, including the relevant website

address if the internet is used.

(iii) Beginning with the first registration submitted after the

implementation of the takeback program, a report on the

implementation of the takeback program during the prior state

fiscal year, including all of the following:

(A) The total weight of the covered electronic devices

received by the takeback program from consumers during the prior

year.

(B) The processes and methods used to recycle or reuse the

covered electronic devices received from consumers.

manufacturer contracts for the collection or recycling of covered

electronic devices received from consumers. The identity of a

recycler shall include the addresses of that recycler's recycling

facilities in this state, if any. The identity of a collector or

recycler reported under this subparagraph is exempt from disclosure

under the freedom of information act, 1976 PA 442, MCL 15.231 to

15.246, and shall not be disclosed by the department unless

required by court order.

(3) A registration is effective upon receipt by the department

if the registration is administratively complete.

(4) If a manufacturer's registration does not meet the

requirements of this section and any rules promulgated under this

part, the department shall notify the manufacturer of the

insufficiency. Within 60 days after receipt of a notice of

insufficiency, the manufacturer shall submit a revised registration

that addresses the insufficiencies identified by the department.

(5) A registration is valid until October 30 of each year. A

manufacturer of covered video display devices shall update its

registration within 10 business days after a change in the brands

of covered video display devices from that manufacturer sold or

offered for sale in this state.

(6) Until October 1, 2015, a manufacturer's registration shall

be accompanied by a fee as follows:

(a) $2,000.00 if the manufacturer's takeback program utilizes

recyclers based in this state.

(b) $3,000.00, if subdivision (a) does not apply.

(7) Revenue from manufacturers' registration fees collected

under this section shall be deposited in the electronics recycling

fund created in section 17325.

(8) The department shall maintain on its website a list of

registered manufacturers of computers and a list of registered

manufacturers of video display devices and the website addresses at

which they provide information on recycling covered electronic

devices.

(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. 17305. Beginning April 1, 2010, a manufacturer shall not

sell or offer for sale to any person in this state a new covered

electronic device, whether through sales outlets, catalogs, mail

order, the internet, or any other means, unless all of the

following requirements are met:

(a) The covered electronic device is labeled with the

manufacturer's name or brand label, owned by or licensed for use by

the manufacturer.

(b) The manufacturer's name appears on the applicable

registration list maintained by the department under section 17303.

the manufacturer has a computer takeback program as described in

section 17309.

(d) If the covered electronic device is a covered video

display device, the manufacturer has a video display device

takeback program as described in section 17311.

Sec. 17307. A retailer shall not sell or offer for sale to any

person in this state a new covered electronic device from a

manufacturer, purchased by the retailer on or after April 1, 2010

unless the manufacturer appears on the applicable registration list

under section 17303.

Sec. 17309. (1) Beginning April 1, 2010, each manufacturer of

covered computers shall implement a computer takeback program that

meets all of the following criteria:

(a) The manufacturer of a covered computer that has reached

the end of its useful life for the consumer or the manufacturer's

designee accepts from the consumer the covered computer. This part

shall not be construed to impair the obligation of a contract under

which a person agrees to conduct a computer takeback program on

behalf of a manufacturer.

(b) A consumer is not required to pay a separate fee when the

consumer returns the covered computer to the manufacturer of that

covered computer or the manufacturer's designee.

convenient and available to and otherwise designed to meet the

needs of consumers in this state. Examples of collection methods

that alone or combined meet the convenience requirements of this

subdivision include systems for a consumer to return a covered

computer by 1 or more of the following means:

(i) Mail or common carrier shipper.

(ii) Deposit at a local physical collection site that is kept

open and staffed on a continuing basis.

(iii) Deposit during periodic local collection events.

(iv) Deposit with a retailer.

(d) The manufacturer of a covered computer provides a consumer

information on how and where to return the covered computer,

including, but not limited to, collection, recycling, and reuse

information on the manufacturer's publicly available website. The

manufacturer may also include collection, recycling, and reuse

information in the packaging for or in other materials that

accompany the manufacturer's covered computers when the covered

computers are sold or provide that information via a toll-free

telephone number.

(e) The manufacturer recycles or arranges for the recycling of

any covered computers collected under subdivision (a).

(2) A manufacturer's computer takeback program is not required

to accept more than 7 covered computers from a single consumer on a

single day.

Sec. 17311. (1) Beginning April 1, 2010, each manufacturer of

covered video display devices shall implement a video display

device takeback program that meets all of the following criteria:

(a) A manufacturer or the manufacturer's designee accepts from

a consumer any covered video display device that has reached the

end of its useful life for the consumer, regardless of the type or

brand of covered video display device.

(b) A consumer is not required to pay a separate fee when the

consumer returns a covered video display device through the

takeback program of any manufacturer of any covered video display

device.

covered video display devices.

(d) The manufacturer provides a consumer information on how

and where to return a covered video display device, including, but

not limited to, collection, recycling, and reuse information on the

manufacturer's publicly available website. The manufacturer may

also include collection, recycling, and reuse information in the

packaging for or in other materials that accompany the

manufacturer's covered video display devices when the covered video

display devices are sold or provide that information via a toll-

free telephone number.

(e) The manufacturer recycles or arranges for the recycling of

any covered video display device collected under subdivision (a).

As a nonbinding target, each manufacturer required to conduct a

video display device takeback program should annually recycle 60%

of the total weight of covered video display devices sold by the

manufacturer in this state during the prior state fiscal year.

Sales data under this subdivision are exempt from disclosure under

the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246,

and shall not be disclosed by the department unless required by

court order.

(2) A manufacturer's video display device takeback program is

not required to accept more than 7 covered video display devices

from a single consumer on a single day.

(3) A manufacturer may conduct a video display device takeback

program alone or in conjunction with other manufacturers. A

manufacturer may arrange for the collection and recycling of

covered video display devices by another person to fulfill the

manufacturer's obligations under this section.

Sec. 17313. (1) The electronic waste advisory council is

created within the department. The council shall consist of the

following 8 members:

(a) Three individuals appointed by the senate majority leader

as follows:

(i) One individual representing covered video display device

manufacturers.

(ii) One individual representing recyclers of covered computers

or covered video display devices.

(iii) One individual representing a trade association of

computer manufacturers and video display device manufacturers.

(b) Three individuals appointed by the speaker of the house of

representatives as follows:

(i) One individual representing covered computer manufacturers.

(ii) One individual representing retailers of covered computers

or covered video display devices.

(iii) One individual representing an agency responsible for a

countywide recycling program.

(i) One individual representing a statewide conservation

organization.

(ii) One individual representing the department.

(2) The appointments to the council under subsection (1) shall

be made not later than 30 days after the effective date of the

amendatory act that added this section.

(3) A member of the council shall serve for a term of 4 years.

If a vacancy occurs on the council, the vacancy shall be filled for

the unexpired term in the same manner as the original appointment.

The appointing official may remove a member of the council for

incompetence, dereliction of duty, malfeasance, misfeasance, or

nonfeasance in office, or any other good cause.

(4) The first meeting of the council shall be called by the

council member representing the department. At the first meeting,

the council shall elect from among its members a chairperson and

other officers as it considers necessary or appropriate. After the

first meeting, the council shall meet at least quarterly, or more

frequently at the call of the chairperson or if requested by 2 or

more members.

(5) A majority of the members of the council constitute a

quorum for the transaction of business at a meeting of the council.

A majority of the members present and serving are required for

official action of the council.

(6) The business that the council may perform shall be

conducted at a public meeting of the council held in compliance

with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. A

writing prepared, owned, used, in the possession of, or retained by

the council in the performance of an official function is subject

to the freedom of information act, 1976 PA 442, MCL 15.231 to

15.246.

(7) Members of the council shall serve without compensation.

However, the member of the council representing the department

shall serve without additional compensation.

(8) By April 1, 2012, the council shall submit a report to the

governor, the department, and the standing committees of the

legislature with jurisdiction over issues primarily pertaining to

natural resources and the environment. The report shall evaluate

the program under this part and make recommendations to improve the

recycling of covered electronic devices. The report shall evaluate

all of the following in light of the policies and objectives set

forth in section 11514:

(a) Whether a manufacturer's market share should be used to

determine the amount of video display devices required to be

recycled annually by the manufacturer.

(b) Whether a manufacturer with a takeback program that

recycles electronic waste at a higher rate than provided for in

this part should be granted credits and, if so, the life of the

credits, whether the credits would be transferable, and how the

credit system should otherwise operate.

covered video display devices under section 17311 should be

increased or decreased and whether the target should be made

mandatory.

(d) What items should be included in a mandatory takeback

program and, if new items are recommended, what the recycling rates

should be for those new items.

(e) Whether and how a manufacturer should be sanctioned for

failing to meet the requirements of this part.

(f) Whether funding for the administration of this part is

appropriate or needs to be increased or decreased.

(g) Whether a program should be developed to recognize

manufacturers that implement an expanded recycling program for

additional products such as printers or recycles electronic waste

at a higher rate than provided for in this part.

(h) Whether a system should be developed to collect covered

electronic devices that are otherwise not collected by a

manufacturer.

(i) Whether additional recycling data, such as the amount of

covered electronic devices collected by collectors, should be

collected and, if so, how.

(j) Whether a program should be developed and funding should

be obtained for grants to expand recycling and recovery programs

for covered electronic devices and to provide consumer education

related to the programs.

(k) Whether a disposal ban for covered electronic devices is

appropriate.

Sec. 17315. (1) Covered electronic devices collected under

this part shall be recycled in a manner that complies with federal

and state laws, including rules promulgated by the department, and

local ordinances.

(2) Any rules promulgated by the department under section

17321 regulating the recycling of covered electronic devices

collected under this part shall be consistent with both of the

following:

(a) The United States environmental protection agency's "Plug-

in to eCycling Guidelines for Materials Management", as in effect

on the effective date of the amendatory act that added this

section.

(b) The institute of scrap recycling industries, inc.

publication "Electronics Recycling Operating Practices", dated

April 25, 2006.

Sec. 17321. After the council submits its report required

under section 17313, the department, pursuant to the administrative

procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, may

promulgate rules for the purposes of sections 17303 and 17315.

Sec. 17325. (1) The electronics recycling fund is created

within the state treasury.

(2) The state treasurer may receive money or other assets from

any source for deposit into the fund. The state treasurer shall

direct the investment of the fund. The state treasurer shall credit

to the fund interest and earnings from fund investments.

(3) Money in the fund at the close of the fiscal year shall

remain in the fund and shall not lapse to the general fund.

(4) The department of environmental quality shall be the

administrator of the fund for auditing purposes.

(5) Money from the fund shall be expended, upon appropriation,

for the administrative expenses of the department in implementing

this part.

Sec. 17331. If federal law establishes a national program for

the collection and recycling of computer equipment, the department

shall, within 90 days, submit a report to the standing committees

of the senate and house of representatives with primary

responsibility for recycling and solid waste issues. The report

shall describe the federal program, discuss whether provisions of

this part have been preempted, and recommend whether this part

should be amended or repealed.