April 28, 2016, Introduced by Senator EMMONS and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 17301, 17303, 17311, 17313, 17315, 17317,
17319, 17327, 17329, and 17333 (MCL 324.17301, 324.17303,
324.17311, 324.17313, 324.17315, 324.17317, 324.17319, 324.17327,
324.17329, and 324.17333), sections 17301, 17311, 17313, and 17327
as added by 2008 PA 394, sections 17303 and 17317 as amended by
2015 PA 82, sections 17315 and 17333 as added by 2008 PA 392,
section 17319 as added by 2008 PA 395, and section 17329 as added
by 2008 PA 393, and by adding sections 17302, 17304, 17319a, 17320,
17320a, 17326, and 17335.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17301. (1) As used in this part:
(a) "Bond" means a financial instrument executed on a form
approved by the department, including a surety bond, a certificate
of deposit, a cash bond, an irrevocable letter of credit, or a
trust fund, or any combination of these instruments, in favor of
the department.
(b) (a)
"Collector" means a person who receives covered
"Collect" means to receive covered electronic devices from
consumers
and arranges arrange for the delivery of the covered
electronic
devices CEDs to a recycler. "Collection" and "collector"
have equivalent meanings. The following are not collectors:
(i) A person who owns or leases property where another person
engages in collection and who does not manage the collection.
(ii) A facilities-based wireless telecommunications service
provider described in subdivision (m)(ii).
(c) (b)
"Computer" means a
desktop personal computer,
tablet,
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.
(c)
"Computer takeback program" means a program required under
section
17305(c).
(d) "Computer monitor" means an electronic device that is a
cathode ray tube or flat panel display primarily intended to
display information from a computer or the Internet.
(e) (d)
"Consumer" means a person
in this state who used or
will
use a covered electronic device
primarily for personal or
small
business consumer purposes. in this state.
(f) "Consumer purposes" means personal or small business
purposes.
(g) (e)
"Covered computer"
means a computer electronic
device"
or "CED", subject to subdivision (h), means any of the following
that
was or will be used primarily for personal or small business
consumer
purposes in this state: .
(i) A computer.
(ii) A computer monitor.
(iii) A printer.
(iv) A television.
(h) Covered computer electronic device or CED 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 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,
equipment
used for security, sensing, monitoring, antiterrorism, or
emergency
services purposes, or equipment designed and intended
primarily
for use by professional users.
(i) (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) "Fiscal year" means the state fiscal year, the period from
October 1 to the following September 30.
(k) "Fund" means the electronic waste recycling fund created
in section 17327.
(l) (j)
"Manufacturer", subject
to subdivision (k), (m),
means
any of the following:
(i) The person who owns the brand with which a covered
computer
is labeled.
(i) (ii) The
person who that owns or is licensed to use the
brand
with which a covered video display electronic device is
labeled, if the person sold to consumers, whether directly or
through retailers, more than 50 new covered electronic devices in
the preceding fiscal year.
(ii) (iii) If neither the
brand owner nor licensee does not do
business in the United States, the person on whose account a
covered
electronic device CED was imported into the United States,
if the person sold to consumers, whether directly or through
retailers, more than 50 new covered electronic devices in the
preceding fiscal year.
(iii) (iv) A
person who that contractually assumes the
responsibilities and obligations under this part of a person
described
under subparagraph (i) ,
(ii), or
(iii).or (ii).
(m) (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 more than 50
covered
video display devices in the previous calendar year.any of
the following:
(i) A wireless service provider or a telecommunications
carrier with whose brand a CED is labeled, if there is another
person that qualifies as a manufacturer of the CED under
subdivision (l).
(ii) A facilities-based wireless telecommunications service
provider if the provider or the provider's designee does both of
the following:
(A) Accepts from consumers all covered electronic devices that
are labeled with a brand which the wireless service provider owns
or is licensed to use and that have reached the end of their useful
life for the consumer.
(B) Arranges for the recycling of the covered electronic
devices accepted under sub-subparagraph (A) by a recycler
registered under section 17317.
(n) "Metropolitan statistical area" means a metropolitan
statistical area as defined by the federal Office of Management and
Budget.
(o) (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.any of the
following:
(i) A desktop printer, including an inkjet or laser printer
designed to be placed on a work surface.
(ii) A device that prints, that has other functions, such as
copying, scanning, or sending facsimiles, and that is designed to
be placed on a work surface.
(p) (m)
"Recycler" means a person
who engaged in recycling 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, retailer, or
electronics repair shop.
(q) "Recycling" means and "recycle" refers to changing the
physical characteristics of a covered electronic device by
dismantling, treatment, or other methods that make the CED or its
components a usable resource. Recycling does not include any of the
following:
(i) The removal of a hard drive for data security reasons.
(ii) Destruction by incineration or other methods or land
disposal of recyclable materials.
(iii) Reuse, repair, or any other activity through which CEDs
are returned to use in their original form.
(r) (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, Internet or
other means of electronic commerce,
whether or not the person has a physical presence in this state.
(s) (o)
"Small business" means a
business with 10 or fewer
employees.
(t) "Stewardship plan" means a stewardship plan under section
17303.
(u) "Tablet" means a general-purpose computer that is
contained in a touchscreen panel, that contains an internal central
processing unit, and that performs computing functions including
file storage, file manipulation, web browsing, and Internet access.
(v) "Takeback program" means a manufacturer's covered
electronic device takeback program as required under section
17302(c).
(w) (p)
"Video display device" "Television"
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
Television 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).
(2) For the purposes of this part, a manufacturer may estimate
the number of new covered electronic devices sold to consumers by
multiplying national figures for the manufacturer by the percentage
of the national population residing in this state.
Sec. 17302. A manufacturer shall not sell to any consumer a
new covered electronic device, whether directly or through a
retailer, and whether by use of a catalog, mail order, the
Internet, or any other means, unless all of the following
requirements are met:
(a) The CED is labeled with a brand.
(b) The manufacturer is registered under section 17303.
(c) To conserve resources and prevent pollution, the
manufacturer has a CED takeback program as described in section
17311.
Sec.
17303. (1) By 30 days after 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 For the purposes of
section 17302(b), within the first 30 days of the fiscal year in
which a covered electronic device is to be sold to a consumer, the
manufacturer 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. 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.new CEDs to consumers, whether directly or
through retailers.
(2) A registration under subsection (1) shall include all of
the following for the fiscal year for which the registration is
filed:
(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.new CEDs
to consumers, whether directly or through retailers.
(c)
Information about the manufacturer's electronic device
takeback
program, including A
stewardship plan that covers all of
the following:
(i) Information to be provided to consumers on how and where
to
return covered electronic devices labeled with the
manufacturer's
name or brand label.CEDs for
recycling.
(ii) The means by which information described in subparagraph
(i) is to be disseminated to consumers, including the relevant
website
address if the internet Internet
is used, and arrangements
with retailers to provide to consumers educational materials on
recycling opportunities at the time of sale.
(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
state
fiscal year.
(iii) Other recycling public education and promotional
initiatives to be undertaken by the manufacturer.
(iv) (B)
The processes and methods to be used
to recycle or
reuse
the covered electronic devices CEDs
received from consumers.
(v) (C)
The Collection locations and
the identity of any
collector or recycler with whom the manufacturer contracts for the
collection
or recycling of covered electronic devices CEDs received
from
consumers, . The identity of a recycler shall include the
addresses
of that including contact
information for the collector's
or
recycler's recycling facilities
in this state, if any. The
identity
of a collector or recycler Information
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.
(vi) How the manufacturer's takeback program will serve
consumers outside of metropolitan statistical areas.
(3) If any information included in a registration pursuant to
subsection (2)(a), (b), or (c)(v), other than contact information
for a collector's or recycler's facilities in this state, is or
becomes inaccurate, within 60 days after obtaining knowledge of the
inaccuracy, the manufacturer shall submit updated information to
the department in writing.
(4) (3)
A registration is effective upon
receipt by the
department if the registration is administratively complete and
accompanied by any fee required under this section.
(5) (4)
If a manufacturer's registration
does not meet the
requirements
of this section and any rules promulgated under this
part,
to implement this section, the department shall notify the
manufacturer of the deficiency. If the manufacturer fails to
correct the deficiency within 60 days after notice is sent by the
department, the department may deny or revoke the manufacturer'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.
(5)
A registration is valid until October 30 of each year. A
manufacturer
of covered electronic devices shall update its
registration
within 10 business days after a change in the brands
of
covered electronic devices from that manufacturer sold or
offered
for sale in this state.
(6)
Until October 1, 2019, a manufacturer's registration shall
be
accompanied by an annual fee of $3,000.00. However, if the
amount
of money in the fund on December 31 of any year is greater
than
$600,000.00, the department shall not collect manufacturers'
registration
fees for the following state fiscal year.
(6) Subject to subsection (7), until October 1, 2021, a
manufacturer's registration shall be accompanied by a registration
fee as follows:
(a) For a manufacturer of more than 250 CEDs, regardless of
brand, sold in this state during the prior fiscal year, the lowest
of the following amounts:
(i) $5,000.00.
(ii) If the total weight of CEDs recycled by the
manufacturer's takeback program during the prior fiscal year was
80% or more of the total weight of the manufacturer's CEDs sold in
this state in the fiscal year preceding that prior fiscal year,
$4,000.00.
(iii) If the total weight of CEDs recycled by the
manufacturer's takeback program during the prior fiscal year was
100% or more of the total weight of the manufacturer's CEDs sold in
this state in the fiscal year preceding that prior fiscal year,
$3,000.00.
(b) For a manufacturer of not more than 250 CEDs, regardless
of brand, sold in this state during the prior fiscal year, the
lowest of the following amounts:
(i) $1,500.00.
(ii) If the total weight of CEDs recycled by the
manufacturer's takeback program during the prior fiscal year was
80% or more of the total weight of the manufacturer's CEDs sold in
this state in the fiscal year preceding that prior fiscal year,
$1,250.00.
(iii) If the total weight of CEDs recycled by the
manufacturer's takeback program during the prior fiscal year was
100% or more of the total weight of the manufacturer's CEDs sold in
this state in the fiscal year preceding that prior fiscal year,
$1,000.00.
(7) The weight of CEDs received from consumers outside of a
metropolitan statistical area shall be multiplied by 1.5 when
determining the total weight of CEDs recycled for purposes of
subsection (6).
(8) A registration received by the department 90 or more days
late shall, in addition to the registration fee, be accompanied by
a late fee equal to 50% of the registration fee.
(9) (7)
Revenue from manufacturers'
registration and late fees
collected
paid under this section shall be deposited in the
electronic
waste recycling fund created in section 17327.fund.
(10) (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
address
at which they provide each manufacturer provides
information on recycling covered electronic devices, and each
manufacturer's brands of CEDs. If requested in writing by a
facilities-based wireless telecommunications service provider that
is exempt from the definition of manufacturer under section
17301(1)(m)(ii), the department shall include on the list a CED
labeled with a brand the wireless service provider owns or is
licensed to use.
(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. 17304. (1) A manufacturer required to register under
section 17303 for any fiscal year shall, by December 1 of the
following fiscal year, submit to the department on a form provided
by the department a report that includes all of the following:
(a) The manufacturer's name, address, and telephone number.
(b) A stewardship report that covers all of the following for
the fiscal year for which registration was required:
(i) Information provided to consumers and retailers on how and
where to return CEDs.
(ii) The means by which information described in subparagraph
(i) was disseminated to consumers, including the relevant website
address if the Internet was used, and arrangements with retailers
to provide to consumers educational materials on recycling
opportunities at the time of sale.
(iii) Other recycling public education and promotional
initiatives undertaken by the manufacturer.
(iv) The number, total weight, and types of the manufacturer's
CEDs sold in the United States. Data under this subparagraph 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.
(v) The weight of CEDs received by the takeback program from
consumers within metropolitan statistical areas, the weight of CEDs
received by the takeback program from consumers outside of
metropolitan statistical areas, and the total weight of CEDs
received by the takeback program.
(vi) How the manufacturer's takeback program served consumers
outside of metropolitan statistical areas.
(vii) The processes and methods used to recycle or reuse the
CEDs received from consumers.
(viii) Collection locations and the identity of any collector
or recycler with whom the manufacturer contracted for the
collection or recycling of CEDs received from consumers, including
contact information for the collector's or recycler's facilities in
this state, if any. Information 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.
(2) If any information included in a report under subsection
(1) is inaccurate, within 60 days after obtaining knowledge of the
inaccuracy, the manufacturer shall submit updated information to
the department in writing.
(3) If a manufacturer's report does not meet the requirements
of this section and any rules promulgated to implement this
section, the department shall notify the manufacturer of the
deficiency. If the manufacturer fails to correct the deficiency
within 60 days after notice is sent by the department, the
department may deny or revoke the manufacturer'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.
Sec.
17311. (1) Beginning April 1, 2010, each manufacturer of
covered
video display devices shall implement a video display A
covered
electronic device takeback program that
meets required
under section 17302(c) shall meet all of the following criteria:
(a)
A Subject to subsection
(2), a manufacturer of a CED or
the
manufacturer's designee accepts from a consumer any covered
video
display device CED that has reached the end of its useful
life
for the consumer, regardless of the type or brand of covered
video
display device.CED. However, if
a manufacturer's CEDs do not
include televisions, the manufacturer's takeback program is not
required to accept televisions. If a manufacturer's CEDs are
limited to televisions, the manufacturer's takeback program may be
limited to televisions.
(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.
(c)
The requirements of section 17309(1)(c), as applied to
covered
video display devices.
(b) The collection of CEDs is convenient and available to and
otherwise designed to meet the needs of consumers. A takeback
program that allows a consumer to return a CED by 1 or more of the
following means, for example, meets the requirements of this
subdivision:
(i) For a CED weighing less than 70 pounds, mail or common
carrier shipper, if the takeback program also allows the consumer
to return the CED by 1 or more of the means listed in subparagraphs
(ii) to (iv).
(ii) Deposit at a local physical collection site that is open
on a regular basis.
(iii) Deposit during periodic local collection events.
(iv) Deposit with a retailer.
(c) (d)
The manufacturer of a CED provides
a consumer
information
on how and where to return a covered video display
device,
CED, 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
CEDs,
when the covered video display
devices CEDs are sold or
provide that information via a toll-free telephone number.
(d) (e)
The manufacturer recycles or
arranges for the
recycling
of any covered video display electronic
device collected
under
subdivision (a). As a nonbinding target, goal, each
manufacturer
required to conduct a video display device takeback
program
should annually recycle through its takeback program CEDs
whose
total weight is at least 60% of the
total weight of covered
video
display devices sold by the manufacturer the manufacturer's
CEDs
sold in this state during the prior state
fiscal year. The
weight of CEDs received from consumers outside of metropolitan
statistical areas shall be multiplied by 1.5 when credited toward
this nonbinding goal. 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.A
takeback program may limit
the number of covered electronic devices by product type accepted
per customer per day or per delivery at a collection site or
service as specified in the stewardship plan.
(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 CEDs by another person to fulfill the
manufacturer's obligations under this section.
Sec.
17313. (1) The electronic waste advisory council is
created
within the legislative branch of state government. The
council
shall consist of the following members:
(a)
Four 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.
(iv) One individual who is a member of the senate.
(b)
Four 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.
(iv) One individual who is a member of the house of
representatives.
(c)
Two individuals appointed by the governor as follows:
(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 the life of the
council.
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 council member who is a member of the senate and the
council
member who is a member of the house of representatives
shall
serve as co-chairs of the council. The first meeting of the
council
shall be called by the co-chairs. At the first meeting, the
council
shall elect from among its members any other officers that
it
considers necessary or appropriate. After the first meeting, the
council
shall meet at least quarterly, or more frequently at the
call
of a co-chair 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.
(c)
Whether the nonbinding target for manufacturers recycling
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.
(9)
The council is dissolved effective July 1, 2012.
(1) A retailer shall not sell or offer for sale to any person
in this state a new covered electronic device from a manufacturer,
as defined in section 17301, unless the manufacturer is included on
the list of registered manifacturers under section 17303.
(2) A retailer shall provide consumers information on where
and how to recycle electronic devices, including collection
opportunities and locations. This requirement may be met by
providing to consumers the department's electronic takeback program
website address, a website address for a nationwide electronics
recycling directory, or information on the retailer's recycling
program if the retailer is a collector or participates in a
takeback program. This requirement may be met through 1 or more of
the following methods:
(a) Providing the information on the retailer's website.
(b) Including the information in the retailer's catalog.
(c) Distributing department-generated or retailer-generated
materials in the store.
(d) Displaying department-generated or retailer-generated
materials in the store.
(3) The department may make materials available to retailers
for distribution or display in retail stores under subsection (2).
Sec.
17315. (1) Covered electronic devices collected under
this
part that are recycled 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 CEDs
collected
under this part shall be consistent with both of the
following:1 or more certification standards described in
section
17319(1).
(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.
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 A
person that operates during a
fiscal year as a recycler of covered electronic devices that were
collected in this state shall, within the first 30 days of the
fiscal year, 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. A recycler person 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.person
becomes a recycler of CEDs
obtained by that person in this state.
(2) A registration under subsection (1) shall include all of
the following:
(a) The name, address, telephone number, and location of all
recycling
facilities that are under the person's
direct control, of
the
recycler are located in this state, that and may
receive
covered
electronic devices.CEDs.
(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 state fiscal 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.
(3) (4)
A recycler's registration is
effective upon receipt by
the department if the registration is administratively complete and
accompanied by any fee required under this section.
(4) (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.
(5) (6)
Until October 1, 2019, a recycler's
registration under
subsection (1) shall be accompanied by an annual fee of $1,000.00.
However, if the recycler does not meet the requirements of section
17319(1), the annual fee is $2,000.00.
(6) A registration under subsection (1) received by the
department 90 or more days late shall, in addition to the
registration fee, be accompanied by a late fee equal to 50% of the
registration fee.
(7)
Revenue from recyclers' registration and late fees
collected
under this section shall be deposited in the electronic
waste
recycling fund created in section 17327.fund.
(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.
(1) (b)
Maintain Except as provided
in subsection (2), a
recycler shall maintain a documented environmental, health, and
safety
management system that may be audited and is compliant with
or
equivalent to ISO 14001.is
certified under the e-Stewards
standard for Responsible Recycling and Reuse of Electronic
Equipment, adopted by the Basel Action Network, or the Responsible
Recycling ("R2") standard For Electronics Recyclers, adopted by
SERI, in effect on the enactment date of the 2016 act that amended
this section. The department may adopt by rule standards of an
accredited third-party certification body that are an alternative
to or an updated version of standards specified in this subsection
if the updated or alternative standards are reasonable and
consistent with the purposes of this part. The department may audit
the environmental, health, and safety management system.
(2) A recycler is exempt from the requirements of subsection
(1) if, in addition to meeting the requirements of subsection (3)
and section 17319a, the recycler does 1 of the following:
(a) Obtains from a third-party certification body under
subsection (1) an acknowledgment of receipt of a complete
application for certification by the following time and continues
to make significant progress toward certification under subsection
(1):
(i) If the recycler was established before the enactment date
of the 2016 act that amended this section, 1 year after that date.
(ii) If the recycler was not established before the enactment
date of the 2016 act that amended this section, 2 years after the
recycler is established.
(b) Complies with applicable industry standards found in ISO
14001:2004 by the International Organization for Standardization
and OHSAS 18001:2007 by the Occupational Health, Safety & Advisory
Services. The department may adopt by rule standards that are an
alternative to or an updated version of the standards specified in
this subdivision if the updated or alternative standards are
reasonable and consistent with the purposes of this part.
(3) To be exempt under subsection (2) from the requirements of
subsection (1), a recycler shall do all of the following:
(a) Maintain a written contingency plan for environmental
releases.
(b) Annually certify to the department on a form provided by
the department that the facility substantially complies with all
state, federal, and local requirements concerning storage,
transportation, processing, and exporting of covered electronic
devices and materials derived from CEDs.
(4) A recycler shall maintain for 5 years, and make available
to the department upon request, records relevant to compliance with
the requirements of this part and rules promulgated under this
part, including records of all of the following:
(a)
(c) Maintain records identifying The identity of all
persons
to whom the recycler provided electronic devices CEDs or
materials
derived from electronic devices CEDs
for the purpose of
conducting
additional recycling. and the
(b) The weight and volume of CEDs or material derived from
CEDs
provided to each of those the persons identified under
subdivision (a). Information required to be recorded under this
subdivision and subdivisions (c) to (e) 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.
(c) The total weight of CEDs recycled.
(d) The total weight of CEDs that were received under contract
directly with a manufacturer or through participation in a
manufacturer's takeback program.
(e) The total weight of CEDs received from consumers outside
of metropolitan statistical areas.
(f) The identity of any manufacturer with whom the recycler
contracts for the recycling of CEDs received from consumers.
(g) The identity of any collector with whom the recycler
contracts for the collection of CEDs to fulfill contractual
obligations described in subdivision (f).
(5) A recycler that is required to register under section
17317 for any fiscal year shall, before December 1 of the following
fiscal year, submit to the department on a form provided by the
department a report on all of the following:
(a) The total weight of CEDs recycled during the fiscal year
for which registration was required. Information required to be
reported under this subdivision 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.
(b) The information required under subsection (4)(f) and (g).
(6) (d)
Not use state or federal A
recycler shall not use
prison
labor to process covered electronic devices or transact with
a third party that uses or subcontracts for the use of prison
labor.
(7) The department shall maintain on its website a list of
recyclers registered under section 17317. The list shall identify
whether a recycler is certified under standards described in or
adopted by rule under subsection (1). The department shall update
the list at least annually.
Sec. 17319a. (1) To be exempt under section 17319(2) from the
requirements of section 17319(1), a recycler shall do all of the
following:
(a) Develop a written cost estimate, in current dollars, for
the department to contract with a third-party for closure of the
recycling site. The estimate shall include the costs to remove and
dispose offsite all covered electronic devices and associated
wastes accumulated at the recycling site, to decontaminate or
remove all contaminated equipment, structures, and soils, and to
conduct sampling and analysis to verify that closure is complete.
The cost estimate shall not incorporate any salvage value of
equipment.
(b) Provide to the department a bond to cover the cost of
closure of the recycling site. The amount of the bond shall not be
less than the amount of the cost estimate under subdivision (a).
(2) A recycler who elects to post cash as a bond shall accrue
interest on that bond quarterly at the annual rate of 6%, except
that the interest rate accrued shall not exceed the interest rate
on the state common cash fund for the quarter in which an accrual
is determined. Interest shall be paid to the recycler upon release
of the bond by the department. Any interest earnings greater than
6% shall be deposited in the fund.
(3) The recycler shall annually adjust the cost estimate under
subsection (1) and the corresponding amount of the bond for
inflation. The adjustment shall be made by 1 of the following
methods, at the recycler's option:
(a) Recalculating the cost estimate in current dollars.
(b) Multiplying the cost estimate by an inflation factor that
is derived from the most recent implicit price deflator for gross
domestic product published by the United States Department of
Commerce, Bureau of Economic Analysis, or a successor agency, in
its survey of current business.
(4) The department shall release the bond required by this
section under any of the following circumstances:
(a) The recycler replaces the bond with an acceptable
replacement bond.
(b) The recycler's environmental, health, and safety
management system is certified as required under section 17319(1)
and the certification is not dependent on the bond.
(c) The recycler is no longer required to register under
section 17317 and the recycling site has undergone closure.
(5) The department may utilize a bond to conduct closure of a
recycling site if the recycler fails to remove and dispose offsite
all CEDs and associated wastes accumulated at the recycling site,
to decontaminate or remove all contaminated equipment, structures,
and soils, and to conduct sampling and analysis to verify that
closure is complete, after recycling operations cease and the site
is no longer registered under section 17317.
(6) Under the terms of a surety bond or letter of credit, the
issuing institution shall notify both the department and the
recycler at least 120 days before the expiration date or any
cancellation of the bond. If the recycler does not extend the
effective date of the bond, or establish an acceptable replacement
bond within 90 days after receipt of an expiration or cancellation
notice from the issuing institution, the department may draw on the
bond.
Sec. 17320. (1) A person shall not operate as a collector of
covered electronic devices during a fiscal year unless, within the
first 30 days of the fiscal year, or, for the 2016-2017 fiscal
year, within 30 days after the effective date of this section, the
person registers with the department on a form provided by the
department. A person who has not already filed a registration under
this part shall submit a registration within 10 business days after
the person becomes a collector of CEDs unless a later registration
deadline is applicable under this subsection. A registration
expires 30 days after the end of the fiscal year.
(2) A collector's registration shall include the name,
address, telephone number, and location of all collection
facilities that are under the person's direct control, are located
in this state, and may receive CEDs.
(3) A collector's registration is effective upon receipt by
the department if the registration is administratively complete.
(4) If a collector's registration under subsection (1) does
not meet the requirements of this section, the department shall
notify the collector of the deficiency. If the collector fails to
correct the deficiency within 60 days after notice is sent by the
department, the department may deny or revoke the collector'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.
Sec. 17320a. A collector shall do all of the following:
(a) Comply with the Electronics Recycling Coordination
Clearinghouse document "ERCC Collection Site Best Practices" as in
effect on the enactment date of the amendatory act that added this
section.
(b) Maintain for 5 years and make available to the department
upon request records relevant to compliance with the requirements
of this part and rules promulgated under this part, including
records of the names and addresses of the vendors to which
shipments of covered electronic devices were made but not including
any records of the dates of shipments of covered electronic
devices. Information described under this subdivision 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.
(c) If required to register under section 17320 for any fiscal
year, before December 1 of the following fiscal year, submit to the
department on a form provided by the department a report on the
total number of shipments of CEDs by the collector to vendors made
during the fiscal year for which registration was required.
(d) If the collector participates in a manufacturer's takeback
program, do all of the following:
(i) Comply with the terms of the manufacturer stewardship
plan.
(ii) Make available to the takeback program all collected CEDs
unless the manufacturer agrees otherwise.
(iii) Keep collection sites staffed and open to the public at
a frequency adequate to meet the needs of the area being served,
and on an ongoing basis.
Sec. 17326. (1) The department may establish a program to
provide short-term grants to local units of government or nonprofit
entities for the purpose of collecting covered electronic devices.
(2) Annually, the department shall publicly recognize
manufacturers that meet the nonbinding goals of their stewardship
plans. The department may cooperate with a national organization of
manufacturers of CEDs for the purpose of this subsection.
(3) The department and manufacturers that own cellular
telephone brands shall jointly develop and, within 1 year after the
enactment date of the amendatory act that added this section,
implement a statewide program to inform consumers about entities
that accept cellular telephones for safe and secure collection.
Sec. 17327. (1) The electronic waste 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,
only for 1 or more of the following:
(a) The administrative expenses of the department in
implementing this part.
(b) Grants under section 17326. However, money in the fund
from manufacturer registration fees submitted under section 17303
after September 30, 2017, shall not be expended for these grants.
Sec. 17329. (1) A person who violates this part may be ordered
to
pay a civil fine of not more than $500.00 $1,000.00 for the
first
violation or not more than $2,500.00 $5,000.00 for a second
or subsequent violation.
(2) A person who knowingly violates this part 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.
$10,000.00. Each day on which a violation described in
this subsection 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 electronic waste recycling fund created in section
17327.fund.
Sec. 17333. (1) Not later than December 1, 2017 and every 2
years after that date, the department shall submit to the standing
committees of the senate and house of representatives with primary
responsibility for issues pertaining to natural resources and the
environment a report that includes all of the following information
for each of the preceding 2 fiscal years:
(a) An assessment of the adequacy of the fees under sections
17303 and 17317 and any departmental recommendation to modify those
fees.
(b) Expenditures from the fund.
(c) The total weight of covered electronic devices recycled
and a summary of information in the registration forms submitted by
manufacturers under section 17303 and recyclers under section
17317.
(d) A discussion of the various takeback programs used by
manufacturers.
(e) Available information about the collection and recycling
of CEDs by persons other than registered manufacturers, collectors,
and recyclers.
(f) The effectiveness of this part in encouraging the
recycling of CEDs and ensuring the safe collection and recycling of
CEDs.
(g) Recommendations for any changes to this part, including
the purposes for which money in the fund may be expended.
(2)
If Within 90 days after enactment or adoption of
a federal
law that 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.
Sec. 17335. (1) The electronic waste advisory council is
created within the department.
(2) Within 60 days after the effective date of this section,
the director of the department shall appoint the members of the
council. The council shall include, but need not be limited to, a
representative of each of the following:
(a) Manufacturers.
(b) Retailers.
(c) Recyclers.
(d) Collectors.
(e) Local units of government.
(f) Landfill owners or operators.
(g) A statewide environmental protection organization.
(h) A facilities-based wireless telecommunications service
provider.
(3) Members of the advisory council shall be appointed for 4-
year terms.
(4) The council shall advise the director on all of the
following:
(a) The implementation of this part.
(b) Whether this act should be amended, including, but not
limited to, amendments to do any of the following:
(i) Include schools in the definition of consumer.
(ii) Delete the exemption of certain wireless service
providers from the definition of collector or modify the exemption,
whether by revising the listed CEDs or otherwise.
(iii) Expand the definition of covered electronic device by
including smartphones or other devices.
(iv) Authorize money from manufacturer's registration fees
submitted under section 17303 after September 30, 2017 to be
expended for the grant program under section 17326.
(v) Expand the grant program under section 17326 to address
illegal disposal of CEDs, collection of televisions and computer
monitors with cathode ray tubes, or electronics recycling education
for consumers.
(vi) Ban some or all CEDs from landfill disposal and, if so,
when and under what conditions.
(vii) Replace the nonbinding goal under section 17311(1)(d)
for the weight of covered electronic devices to be recycled with a
binding requirement.
(c) The development of any electronic device recycling
programs that could replace the takeback program requirements of
this part.
(d) The illegal disposal of CEDs in this state.
(e) The effects of amending section 17311 to remove the former
requirement that a consumer not be required to pay a separate fee
for participation in a takeback program.
(f) Potential funding mechanisms to assist with the recycling
of electronic devices.
(g) How the department can engage in national collaboration
efforts for recycling electronic devices.
(5) By 2 years after the effective date of this section, the
council shall submit to the director a report on the topics listed
in subsection (4).
(6) The council is dissolved 4 years after the effective date
of this section.
Enacting section 1. This amendatory act takes effect January
1, 2017.