November 19, 2008, Introduced by Reps. Miller, 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,"
(MCL 324.101 to 324.90106) by adding sections 17317, 17319, 17323,
17327, and 17329.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17317. (1) Beginning April 1, 2010, a person shall not
engage in the business of recycling covered electronic devices
unless that person has registered with the department.
(2) A recycler's registration under subsection (1) shall be
submitted on a form provided by the department and 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) Until October 1, 2015, recycler's registration under
subsection (1) shall be accompanied by a fee of $2,000.00.
(5) Submitting a false registration under subsection (1) is a
violation of this part.
(6) 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. (1) A recycler shall comply with all of the
following:
(a) Obtain comprehensive or commercial general liability
insurance, including coverage for bodily injury, property damage,
complete operations, and contractual liability, with combined
limits of not less than $1,000,000.00 per occurrence and
$1,000,000.00 general aggregate.
(b) 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.
(c) Maintain a documented environmental, health, and safety
management system that may be audited and is compliant with or
equivalent to ISO 14001.
(d) Maintain records identifying all persons to whom the
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.
(e) Do 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.
(2) A recycler shall annually submit a certification to the
department stating that the recycler is in compliance with
subsection (1). A recycler shall provide documentation supporting
its certification to the department upon request.
Sec. 17323. (1) The department shall administer and enforce
this part to the extent that funds are appropriated for that
purpose.
(2) The department may inspect the operations of a recycler of
covered electronic devices to assess compliance with requirements
of this part.
Sec. 17327. (1) A person who knowingly violates this part may
be ordered to pay a civil fine of not more than $1,000.00 for the
first violation or not more than $2,500.00 for the second
violation.
(2) A person who knowingly violates this part a third or
subsequent time or who knowingly submits false information to the
department under this part is guilty of a misdemeanor punishable by
a fine of not more than $5,000.00. Each day on which a violation
occurs represents a separate violation.
(3) After a contested case hearing, the department may suspend
or revoke the registration of a recycler that violates this part a
third or subsequent time. The department shall provide notice of
the suspension or revocation on its website.
(4) A civil fine collected under this section shall be
deposited in the electronics recycling fund created in section
17325.
Sec. 17329. Except to the extent otherwise provided by
contract, a manufacturer, retailer, collector, or 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.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6714(request no.
H02158'07 *) of the 94th Legislature is enacted into law.