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H. B. No. 447 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Hagan, Foley, Domenick, Chandler, Skindell, Phillips, Harris, Williams, B., Okey, Winburn, Letson, Stewart, Fende
A BILL
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
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.
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