To enact sections 3734.92, 3734.921, 3734.922, 3734.923, 3734.924, 3734.925, 3734.926, and 3734.927 of the Revised Code to establish a recycling program for covered electronic devices, to create the Electronic Waste Advisory Council to evaluate and make recommendations and prepare a report concerning recycling of those devices, and to terminate the Electronic Waste Advisory Council on July 1, 2013, by repealing section 3734.927 of the Revised Code on that date.

Section 1. That sections 3734.92, 3734.921, 3734.922, 3734.923, 3734.924, 3734.925, 3734.926, and 3734.927 of the Revised Code be enacted to read as follows:

Sec. 3734.92. As used in sections 3734.92 to 3734.927 of the Revised Code:

(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, laptop computer, computer monitor, or printer. "Computer" does not include either of the following:

(1) A personal digital assistant device or mobile telephone;

(2) A computer peripheral device, including a mouse or other similar pointing device or a detachable or wireless keyboard.

(C) "Computer take-back program" means a program that is required under section 3734.923 of the Revised Code.

(D) "Consumer" means a person who purchases 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 device that is functionally or physically a part of, connected to, or integrated within a larger piece of equipment or system that is 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," 59 Stat. 1040 (1938), 21 U.S.C. 301 et seq., as amended, 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 electronic device take-back program" means a computer take-back program or a video display device take-back program.

(H) "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 any of the following:

(1) A video display device that is a part of a motor vehicle or any component part of a motor vehicle that is assembled by or for a vehicle manufacturer or a franchisee of a vehicle manufacturer, including replacement parts for use in a motor vehicle;

(2) A video display device that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, air purifier, or other household appliance;

(3) A video display device that is functionally or physically a part of, connected to, or integrated within a larger piece of equipment or system that is 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," 52 Stat. 1040 (1938), 21 U.S.C. 301 et seq., as amended, equipment used for security, sensing, monitoring, antiterrorism, or emergency services purposes, or equipment designed and intended primarily for use by professional users.

(I) "Manufacturer" means any of the following:

(1) A person who owns a brand with which a covered computer is labeled if the person sold more than fifty covered computers in the calendar year of the effective date of this section or a subsequent calendar year;

(2) A person who owns or who is licensed to use a brand with which a covered video display device is labeled if the person sold more than fifty covered video display devices in a calendar year;

(3) A person who imports into the United States a covered electronic device if the person who owns the brand does not do business in the United States, provided that the person who imports the covered electronic device sold or imported more than fifty covered computers in the calendar year of the effective date of this section or in a subsequent calendar year or sold or imported more than fifty covered video display devices in a calendar year;

(4) A person who contractually assumes the responsibilities and obligations described in division (I)(1), (2), or (3) of this section.

(J) "Printer" means a device that prints using a print technology such as laser, electrographic, ink jet, dot matrix, thermal, or digital sublimation and that is designed to be placed on a desk or other work surface. "Printer" includes a multifunction or all-in-one device that in addition to printing may perform copying, scanning, faxing, or a combination of part or all of those functions. "Printer" does not include a floor-standing device that prints or a device that prints that has an optional floor stand, a point of sale receipt printer, a calculator with printing capabilities, a label maker, or a device that prints that is embedded within a product that is not a covered computer.

(K) "Recycler" means a person who as a principal component of business operations acquires covered electronic devices and sorts and processes the covered electronic devices in order to facilitate recycling or resource recovery techniques. "Recycler" does not include a collector, hauler, or electronics shop.

(L) "Retailer" means a person who sells a covered electronic device to a consumer at a sales outlet, by mail order, via the internet, or by any other means regardless of whether the person has a physical presence in this state.

(M) "Small business" means a business that has ten or fewer employees.

(N) "Video display device" means an electronic device with a viewable screen size that is greater than four inches measured diagonally, that contains a tuner, and that is capable of receiving and displaying television or video programming via a broadcast, cable, or satellite. "Video display device" includes, but is not limited to, a direct view or projection television in which the display technology is a cathode ray tube, plasma, liquid crystal display, digital light processing, liquid crystal on silicon, silicon crystal reflective display, light emitting diode, or similar technology.

(O) "Video display device take-back program" means a program that is required under section 3734.924 of the Revised Code.

Sec. 3734.921. (A) Not later than thirty days after the end of the state's fiscal year, a manufacturer who sells or offers for sale in this state new covered electronic devices shall register with the director of environmental protection on a form prescribed and provided by the director. The registration form shall require a manufacturer to provide all of the following:

(1) The name, address, and telephone number of the manufacturer;

(2) Each brand name under which the manufacturer sells or offers for sale covered electronic devices in this state;

(3) Information concerning the manufacturer's covered electronic device take-back program that includes all of the following:

(a) Information that is provided to consumers that describes how and where to return covered electronic devices that are labeled with the manufacturer's name or brand label;

(b) A detailed statement that describes the means by which the information required in division (A)(3)(a) of this section is provided to consumers, including any web site addresses that may be used;

(c) Beginning with the submission of the first registration after the implementation of a covered electronic device take-back program, a report that describes the implementation of that program during the preceding fiscal year. The report shall include all of the following:

(i) The total weight of the covered electronic devices received under the take-back program from consumers during the preceding fiscal year;

(ii) The processes and methods used to recycle or reuse the covered electronic devices that are received from consumers;

(iii) The identity of all collectors or recyclers with whom the manufacturer has entered into an agreement for the collection or recycling of covered electronic devices received from consumers. The identity of a recycler shall include the addresses of each of the recycler's recycling facilities that are located in this state, if applicable.

(B) Until October 1, 2016, a manufacturer shall include with a registration submitted under this section an annual fee of five thousand dollars. However, if the balance of the electronic waste recycling fund created in section 3734.926 of the Revised Code is greater than one million dollars on December 31 of any year, the director shall not collect the annual fee for the subsequent fiscal year. The director shall transmit the money from the fees collected under this section to the treasurer of state who shall deposit the money in the state treasury to the credit of the electronic waste recycling fund.

(C) A registration is effective on receipt by the director, provided that the registration is complete and includes the fee required in division (B) of this section. If a manufacturer's registration does not satisfy the requirements of this section, the director shall notify the manufacturer of the deficiency. If the manufacturer fails to correct a deficiency within sixty days after notice of the deficiency is sent by the director, the director may deny or revoke the manufacturer's registration.

(D) The director shall maintain on the environmental protection agency's web site a list of registered manufacturers of covered computers and a list of registered manufacturers of covered video display devices together with the web site addresses at which each manufacturer provides information regarding recycling covered electronic devices, if any.

(E) Information that is provided under division (A)(3)(c)(iii) of this section is not subject to section 149.43 of the Revised Code unless required by a court order.

(F) Not later than October 1, 2011, and every two years after that date, the director shall submit a report to the speaker of the house of representatives and the president of the senate that provides an assessment of the adequacy of the fee that is established in this section and recommendations, if any, to modify the amount of the fee.

Sec. 3734.922. (A) Beginning April 1, 2011, a manufacturer shall not sell or offer for sale at a sales outlet, by mail order, via the internet, or by any other means in this state a new covered electronic device unless all of the following are satisfied:

(1) The covered electronic device is labeled with the manufacturer's name or a brand label that is owned by or that is licensed for use by the manufacturer.

(2) The manufacturer's name is on the applicable registration list that is maintained by the director of environmental protection as required in section 3734.921 of the Revised Code.

(3) If the covered electronic device is a covered computer, the manufacturer has established a computer take-back program.

(4) If the covered electronic device is a covered video display device, the manufacturer has established a video display device take-back program.

(B) A retailer shall not sell or offer for sale in this state a new covered electronic device that is purchased by the retailer from a manufacturer of the new covered electronic device on or after April 1, 2011, unless the manufacturer is on the applicable registration list that is maintained by the director as required in section 3734.921 of the Revised Code.

Sec. 3734.923. (A) Beginning April 1, 2011, a manufacturer of a covered computer shall establish a computer take-back program that satisfies all of the following:

(1) Through March 31, 2013, the manufacturer of a covered computer or the manufacturer's designee accepts from a consumer any type or brand of covered computer that has reached the end of its useful life for the consumer. After March 31, 2013, the manufacturer or the manufacturer's designee accepts from a consumer the manufacturer's covered computer that has reached the end of its useful life for the consumer. However, a manufacturer is not required to accept more than seven covered computers from a single consumer on a single day. Division (A)(1) of this section shall not be construed in a manner that impairs the obligation of a contract under which a person agrees to conduct a computer take-back program on behalf of a manufacturer.

(2) Except as provided in this division or for data sanitization services provided in accordance with division (A)(5) of this section, the manufacturer or the manufacturer's designee does not charge a fee when a consumer returns a covered computer to the manufacturer. A manufacturer or a manufacturer's designee may offer to charge a fee when a consumer returns a covered computer to the manufacturer if in exchange for the fee the manufacturer or the manufacturer's designee provides goods or services in an amount equal to or greater than the amount of the fee that will be charged and the consumer has the option to accept or reject the offer. If the consumer accepts the offer, the manufacturer or the manufacturer's designee may charge the fee and provide to the consumer goods or services in an amount equal to or greater than the amount of the fee charged. However, if the consumer rejects the offer, the manufacturer or manufacturer's designee shall accept the return of the covered computer free of charge.

(3) The collection of a covered computer is reasonably convenient for, available to, and designed to meet the needs of consumers in this state. Collection methods that alone or in combination satisfy division (A)(3) of this section include methods for a consumer to return a covered computer by one or more of the following means:

(a) Mail or common carrier;

(b) Deposit at a local physical collection site that is open and staffed on a continuing basis;

(c) Deposit at a periodic local collection event;

(d) Deposit at a retailer.

(4) The manufacturer of a covered computer provides to consumers information on how and where to return a covered computer, including, but not limited to, information on the manufacturer's web site concerning the collection, recycling, and reuse of a covered computer. The manufacturer also may include information concerning the collection, recycling, and reuse of a covered computer via a toll-free telephone number or in the packaging for or with other materials that accompany the manufacturer's covered computers when the covered computers are sold.

(5) The manufacturer of a covered computer provides to consumers information on how to effectively destroy or sanitize the data on the computer's hard drive and other memory storage devices associated with the covered computer prior to delivery of the covered computer to a computer take-back program. The information shall consist of standard data destruction or sanitization techniques of the computer industry, including, but not limited to, the use of free or low-cost data sanitization software available on the internet and the physical destruction of a hard drive and other memory storage devices for those purposes. As a part of a computer take-back program, a manufacturer may provide data destruction or sanitization services to a consumer for a fee not to exceed five dollars per hard drive or other memory storage device.

(6) The manufacturer recycles or arranges for the recycling of the covered computers that are collected in accordance with division (A)(1) of this section.

(B) For purposes of divisions (A)(1) and (6) of this section, a manufacturer may arrange for the collection and recycling of covered computers by another person.

(C) For purposes of division (A) of this section, a manufacturer may implement a covered computer take-back program in conjunction with other manufacturers.

Sec. 3734.924. (A) Beginning April 1, 2011, a manufacturer of a covered video display device shall establish a video display device take-back program that satisfies all of the following:

(1) The manufacturer of a covered video display device 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. However, a manufacturer is not required to accept more than seven covered video display devices from a single consumer on a single day.

(2) Except as provided in this division, the manufacturer or the manufacturer's designee does not charge a fee when a consumer returns any covered video display device to the manufacturer. A manufacturer or a manufacturer's designee may offer to charge a fee when a consumer returns a covered video display device to the manufacturer if in exchange for the fee the manufacturer or the manufacturer's designee provides goods or services in an amount equal to or greater than the amount of the fee that will be charged and the consumer has the option to accept or reject the offer. If the consumer accepts the offer, the manufacturer or the manufacturer's designee may charge the fee and provide to the consumer goods or services in an amount equal to or greater than the amount of the fee charged. However, if the consumer rejects the offer, the manufacturer or manufacturer's designee shall accept the return of the covered video display device free of charge.

(3) The collection of a covered video display device is reasonably convenient for, available to, and designed to meet the needs of consumers in this state. Collection methods that alone or in combination satisfy division (A)(3) of this section include methods for a consumer to return a covered video display device by one or more of the following means:

(a) Mail or common carrier;

(b) Deposit at a local physical collection site that is open and staffed on a continuing basis;

(c) Deposit at a periodic local collection event;

(d) Deposit at a retailer.

(4) The manufacturer of a covered video display device provides to consumers information on how and where to return a covered video display device, including, but not limited to, information on the manufacturer's web site concerning the collection, recycling, and reuse of a covered video display device. The manufacturer also may include information concerning the collection, recycling, and reuse of a covered video display device via a toll-free telephone number or in the packaging for or with other materials that accompany the manufacturer's covered video display devices when the covered video display devices are sold.

(5) The manufacturer recycles or arranges for the recycling of the covered video display devices that are collected in accordance with division (A)(1) of this section. As a nonbinding goal, a manufacturer who is required to conduct a video display device take-back program shall recycle annually sixty per cent of the total weight of covered video display devices sold by the manufacturer in this state during the previous state fiscal year. Information that is compiled for the purposes of division (A)(5) of this section is not subject to section 149.43 of the Revised Code unless required by a court order.

(B) For purposes of divisions (A)(1) and (5) of this section, a manufacturer may arrange for the collection and recycling of covered video display devices by another person.

(C) For purposes of division (A) of this section, a manufacturer may implement a covered video display device take-back program in conjunction with other manufacturers.

Sec. 3734.925.  (A) Not later than thirty days after the end of the state's fiscal year, a recycler who operates in this state shall register with the director of environmental protection on a form prescribed and provided by the director. The registration form shall require a recycler to provide all of the following:

(1) The name, address, telephone number, and, if applicable, e-mail address of the recycler;

(2) An identification of each location where the recycler accepts or processes covered electronic devices;

(3) The types of covered electronic devices accepted at each location where the recycler accepts or processes covered electronic devices;

(4) The name of each manufacturer, if any, from which the recycler receives covered electronic devices as part of a covered electronic device take-back program;

(5) The total weight of covered electronic devices received for processing during the preceding fiscal year;

(6) The name of each nationally recognized electronic recycling certification held by the recycler;

(7) A certification that the recycler will comply with all applicable state and federal laws and rules adopted under them governing the storage, transportation, processing, and exportation of a covered electronic device.

(B) Until October 1, 2016, a recycler shall include with a registration submitted under this section an annual fee of three hundred dollars. The director shall transmit the money from the fees collected under this section to the treasurer of state who shall deposit the money in the state treasury to the credit of the electronic waste recycling fund created in section 3734.926 of the Revised Code.

(C) A registration is effective on receipt by the director, provided that the registration is complete and includes the fee required in division (B) of this section. If a recycler's registration does not satisfy the requirements of this section, the director shall notify the recycler of the deficiency. If the recycler fails to correct a deficiency within sixty days after notice of the deficiency is sent by the director, the director may deny or revoke the recycler's registration.

(D) A recycler operating in this state shall do all of the following:

(1) Comply with all applicable state and federal laws and rules adopted under them governing the storage, transportation, processing, and exportation of a covered electronic device;

(2) Use procedures accepted by the computer industry for the destruction or sanitization of data on a hard drive or other memory storage device;

(3) Advise a person who delivers a covered computer to the recycler that the person may destroy or sanitize the data on the computer's hard drive and other memory storage devices associated with the covered computer or that the person may pay the recycler a fee not to exceed five dollars per hard drive or other memory storage device for such destruction or sanitization;

(4) Maintain for a minimum of three years records that do both of the following:

(a) Identify the type and quantity of covered electronic devices received;

(b) Identify the type, quantity, and destination of covered electronic devices that are transferred to a different location.

(5) Make available for review records that are required under division (D)(4) of this section when requested by the director for purposes of determining the recycler's compliance with applicable state and federal laws and rules adopted under them.

Sec. 3734.926.  The electronic waste recycling fund is created in the state treasury. All fees collected under sections 3734.92 to 3734.925 of the Revised Code shall be credited to the fund. Investment earnings of the fund shall be credited to the fund. Money in the fund shall be used by the director of environmental protection to administer and enforce sections 3734.92 to 3734.927 of the Revised Code.

Sec. 3734.927. (A) There is created the electronic waste advisory council consisting of the following members:

(1) The director of environmental protection or the director's designee;

(2) Four members appointed by the president of the senate as follows:

(a) One member representing manufacturers of covered video display devices;

(b) One member representing recyclers of covered computers or covered video display devices;

(c) One member representing an association of computer manufacturers and video display device manufacturers;

(d) One member who is a member of the senate.

(3) Four members appointed by the speaker of the house of representatives as follows:

(a) One member representing manufacturers of covered computers;

(b) One member representing retailers of covered computers or covered video display devices;

(c) One member representing a single county solid waste management district established under Chapter 3734. of the Revised Code;

(d) One member who is a member of the house of representatives.

(4) One member appointed by the governor who represents a statewide conservation organization.

(B) Appointments to the council shall be made not later than thirty days after the effective date of this section. If a vacancy occurs on the council, the vacancy shall be filled in the same manner as the original appointment. A member of the council may be removed by the person who appointed the member for malfeasance, misfeasance, nonfeasance, or any other good cause.

The council members who are members of the senate and of the house of representatives shall serve as co-chairpersons. The council shall elect from its members any other officers that it considers necessary or appropriate. A majority of the members of the council constitutes a quorum for any matter that is before the council.

The co-chairpersons shall call the first meeting of the council. The council shall meet at least quarterly or more often at the call of the co-chairpersons or if requested by two or more members of the council.

Members of the council shall serve without compensation.

Serving as a member of the council does not constitute holding a public office or position of employment under the laws of this state and does not constitute grounds for removal of public officers or employees from their offices or positions of employment.

(C) The council shall prepare a report that evaluates computer take-back programs and video display device take-back programs and make recommendations to improve the recycling of covered electronic devices. In addition, the report shall evaluate and make recommendations concerning all of the following:

(1) Whether a manufacturer's market share should be used to determine the amount of video display devices that a manufacturer is required to recycle annually;

(2) Whether a manufacturer that is implementing a take-back program and recycles electronic waste in an amount greater than an applicable amount that is provided for in sections 3734.92 to 3734.924 of the Revised Code should be granted credits, and, if credits should be granted, a determination of the lifespan of a credit, a determination of the transferability of a credit, and a description of how a credit system will operate;

(3) Whether the nonbinding annual recycling goal that is established in section 3734.924 of the Revised Code for manufacturers of covered video display devices should be changed and whether such a goal should be mandatory;

(4) The items that should be included in a mandatory take-back program, and, if new items are recommended, the recycling rates or amounts for each of the new items;

(5) Whether and how a manufacturer should be fined or sanctioned for a violation of sections 3734.92 to 3734.924 of the Revised Code;

(6) Whether the funding for the administration of sections 3734.92 to 3734.926 of the Revised Code is appropriate;

(7) Whether a program should be established to recognize a manufacturer that implements a recycling program that recycles products in addition to covered electronic devices that are required to be recycled under sections 3734.92 to 3734.924 of the Revised Code or that recycles covered electronic devices in an amount greater than an amount that is established in those sections;

(8) Whether a system should be developed to collect covered electronic devices that otherwise are not collected by a manufacturer;

(9) Whether recycling data, such as the amount of covered electronic devices collected by collectors, the identification of the type and quantity of covered electronic devices received, and the type, quantity, and destination of covered electronic devices that are transferred to a different location, should be maintained;

(10) Whether a grant program should be established to expand recycling and recovery programs for covered electronic devices and to provide consumer education for such recycling and recovery programs;

(11) Whether a ban on the disposal of covered electronic devices in solid waste landfills in this state is appropriate.

(D) Not later than April 1, 2013, the council shall submit the report to the governor, the president of the senate, and the speaker of the house of representatives.

Section 2.  That section 3734.927 of the Revised Code is hereby repealed, effective July 1, 2013.