HOUSE BILL No. 4291

March 4, 2015, Introduced by Reps. Love, Neeley, Moss, Wittenberg, Geiss, Hovey-Wright, Santana, Faris, Lane, Brinks, Sarah Roberts, Schor, Chirkun, Liberati, Byrd, Banks, Gay-Dagnogo, Guerra, Pagan, Zemke, Dianda, Kivela, Durhal, Rutledge, Talabi, Irwin, Garrett, Smiley, Brunner, Townsend, Singh, Kelly, Kesto and Garcia and referred to the Committee on Communications and Technology.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 17301, 17305, 17307, and 17309 (MCL 324.17301,

 

324.17305, 324.17307, and 324.17309), sections 17301, 17307, and

 

17309 as added by 2008 PA 394; and to repeal acts and parts of

 

acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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 a laptop

 

computer, a tablet 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.

 

     (c) "Computer takeback program" means a program required under

 

section 17305(c).

 

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

 

electronic device primarily for personal or small business purposes

 

in this state.

 

     (d) "Consumer electronics takeback program" means a consumer

 

electronics takeback program required under section 17309.

 

     (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, 399f, 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, a

 

mobile telephone, or a 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 transportation or 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, 399f,

 

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 consumer electronics 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 the brand with which a mobile

 

telephone is labeled.

 

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

 

with which a covered video display device is labeled.

 

     (iv) (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.

 

     (v) (iv) A person who contractually assumes the


 

responsibilities and obligations of a person described under

 

subparagraph (i), (ii), or (iii), or (iv).

 

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

 

manufactured, sold, or imported more than 50 covered computers in

 

2000 or any subsequent calendar year or mobile telephones or more

 

than 50 covered video display devices in the previous 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 video

 

display takeback program required under section 17305(d).17311.

 

     Sec. 17305. Beginning April 1, 2010, a 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, in the case of a

 

video display device, licensed for use by the manufacturer.

 

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

 

registration list maintained by the department under section 17303.

 

     (c) If the covered electronic device is a covered computer or

 

mobile telephone, the manufacturer has a computer a consumer

 

electronics 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 Each

 

manufacturer of covered computers or mobile telephones shall

 

implement a computer consumer electronics takeback program that

 

meets all of the following criteria:

 

     (a) The manufacturer of a covered computer or mobile telephone

 

that has reached the end of its useful life for the consumer or the

 

manufacturer's designee accepts from the consumer the covered

 

computer or mobile telephone. This part shall not be construed to

 

impair the obligation of a contract under which a person agrees to

 

conduct a computer consumer electronics 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 or mobile telephone to the

 

manufacturer of that covered computer or mobile telephone or the

 

manufacturer's designee.

 

     (c) The collection of covered computers or mobile telephones

 

is reasonably 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 or mobile telephone 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 or mobile telephone

 

provides a consumer information on how and where to return the

 

covered computer or mobile telephone, 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 or mobile telephones when the

 

covered computers or mobile telephones 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 or mobile telephones collected under

 

subdivision (a).

 

     (2) A manufacturer's computer consumer electronics takeback

 

program is not required to accept more than 7 covered computers or

 

mobile telephones from a single consumer on a single day.

 

     (3) A manufacturer may conduct a computer consumer electronics

 

takeback program alone or in conjunction with other manufacturers.

 

A manufacturer may arrange for the collection and recycling of

 

covered computers or mobile telephones by another person to fulfill


 

the manufacturer's obligations under this section.

 

     Enacting section 1. Section 17313 of the natural resources and

 

environmental protection act, 1994 PA 451, MCL 324.17313, is

 

repealed.

 

     Enacting section 2. This amendatory act takes effect 90 days

 

after the date it is enacted into law.