Bill Text: MO HB2212 | 2014 | Regular Session | Introduced
Bill Title: Establishes the Electronic Products Recycling and Reuse Act and repeals the provisions regarding the Manufacturer Responsibility and Consumer Convenience Equipment Collection and Recovery Act
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-05-16 - Referred: Tourism and Natural Resources(H) [HB2212 Detail]
Download: Missouri-2014-HB2212-Introduced.html
SECOND REGULAR SESSION
97TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES NICHOLS (Sponsor) AND MCNEIL (Co-sponsor).
6146L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 260.1050, 260.1053, 260.1059, 260.1062, 260.1065, 260.1068, 260.1071, 260.1074, 260.1077, 260.1080, 260.1083, 260.1089, 260.1092, and 260.1101, RSMo, and to enact in lieu thereof eighteen new sections relating to the electronic products recycling and reuse act, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 260.1050, 260.1053, 260.1059, 260.1062, 260.1065, 260.1068, 260.1071, 260.1074, 260.1077, 260.1080, 260.1083, 260.1089, 260.1092, and 260.1101, RSMo, are repealed and eighteen new sections enacted in lieu thereof, to be known as sections 260.1200, 260.1202, 260.1204, 260.1206, 260.1208, 260.1210, 260.1212, 260.1214, 260.1216, 260.1218, 260.1220, 260.1222, 260.1224, 260.1226, 260.1228, 260.1230, 260.1232, and 260.1234, to read as follows:
260.1200. Sections 260.1200 to 260.1234 shall be known and may be cited as the "Electronic Products Recycling and Reuse Act".
260.1202. As used in sections 260.1200 to 260.1234, the following terms shall mean:
(1) "Cathode-ray tube", a vacuum tube or picture tube used to convert an electronic signal into a visual image, such as a television or computer monitor;
(2) "Collector", a person who receives covered electronic devices or eligible electronic devices directly from a residence or small business for recycling or processing for reuse. Collector includes, but is not limited to original equipment manufacturers, (OEMs) and processors who receive covered electronic devices (CEDs) or eligible electronic devices (EEDs) directly from the public;
(3) "Covered electronic device" or "CED", any computer, laptop, notebook, desktop computer, computer monitor, television, or computer printer that is taken out of service from a residence or a small business in this state regardless of purchase location. Covered electronic device does not include:
(a) An electronic device that is functionally or physically part of a larger piece of equipment or that is taken out of service from an industrial, commercial (including retail), library checkout, traffic control, kiosk, security (other than household security), governmental, agricultural, or medical setting, including but not limited to diagnostic, monitoring, or control equipment;
(b) An electronic 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, water pump, sump pump, or air purifier; or
(c) An electronic device that is a part of a motor vehicle or any component part of a motor vehicle assembled by or for a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle.
To the extent allowed under federal and state laws and regulations, a CED that is being collected, recycled, or processed for reuse is not considered to be hazardous waste, household waste, solid waste, or special waste;
(4) "Department", the Missouri department of natural resources;
(5) "Dismantling", breaking down CEDs to component level;
(6) "Eligible electronic device" or "EED", any of the following electronic products taken out of service from a residence or small business in this state regardless of purchase location: mobile telephone; computer cable, mouse, or keyboard; stand-alone facsimile machine; MP3 player; portable digital assistant (PDA); video game console, video cassette recorder/player, digital video disk player, or similar video device; zip drive; or scanner. To the extent allowed under federal and state laws and regulations, an EED that is being collected, recycled, or processed for reuse is not considered to be hazardous waste, household waste, solid waste, or special waste;
(7) "Original equipment manufacturer" or "OEM", a person, or a successor in interest to a person, under whose brand or label a CED is or was sold at retail. For CEDs sold at retail under a brand or label that is licensed from a person who is a mere brand owner and who does not sell or produce the CED, the person who produced the CED or his or her successor in interest is the OEM. For CEDs sold that were at retail under the brand or label of both the retail seller and the person that produced the CED, the person that produced the CED, or his or her successor in interest, is the OEM. A retail seller of CEDs may elect to be the OEM of one or more CEDs if the retail seller provides written notice to the department that it is accepting responsibility as the OEM of the CED under sections 260.1200 to 260.1234 and identifies the CEDs for which it is electing to be the OEM;
(8) "Person", any individual, partnership, copartnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, state agency, or any other legal entity, or a legal representative, agent, or assign of that entity;
(9) "Processing for reuse", any method, technique, or process by which CEDs or EEDs that would otherwise be disposed of or discarded are instead separated, processed, and returned to their original intended purposes or to other useful purposes as electronic devices;
(10) "Processor", an organization or person who receives covered electronic devices or eligible electronic devices directly from a residence, small business, or from a collector for the purpose of recycling as described in section 260.1210;
(11) "Program year", a calendar year. The first program year is 2016;
(12) "Recycling", any method, technique, or process by which CEDs or EEDs that would otherwise be disposed of or discarded are instead collected, separated, or processed;
(13) "Residence", a dwelling place or home in which one or more individuals live;
(14) "Small business", a business with fewer than one hundred full- or part-time employees;
(15) "Solid waste management district" or "SWMD", as set forth in section 260.305;
(16) "Television", an electronic device:
(a) Containing a cathode-ray tube or flat panel screen the size of which is greater than four inches when measured diagonally;
(b) That is intended to receive video programming via broadcast, cable, or satellite transmission or to receive video
from surveillance or other similar cameras; and
(c) That is used only in a residence or small business.
260.1204. 1. The OEM's recovery goals shall be as follows:
(1) For program year 2016, forty percent of the CED units sold in the state in 2015;
(2) For program year 2017, fifty percent of the CED units sold in the state in 2016;
(3) For program year 2018, sixty percent of the CED units sold in the state in 2017;
(4) For program year 2019 and every year thereafter, seventy-five percent of the CED units sold in the state the previous calendar year.
2. If the goals in this section are not reached, a fine of fifteen thousand dollars may be assessed.
260.1206. 1. The department has the authority to monitor compliance with sections 260.1200 to 260.1234 and to refer violations of sections 260.1200 to 260.1234 to the attorney general.
2. No later than October first of each program year, the department shall post on its website a list of underserved solid waste management districts in the state for the next program year. The list of underserved solid waste management districts for the first program year is set forth in section 260.1216.
3. By September 1, 2015, the department shall implement a solid waste management district and municipal government education campaign to inform those entities about sections 260.1200 to 260.1234 and the implications on solid waste collection in their localities.
4. By September 1, 2016, for the first program year, and byApril first for all subsequent program years, the department shall report to the governor and to the general assembly annually on the previous program year's performance. The report shall be posted on the department's website. The report shall include, but not be limited to, the following:
(1) The total units of CEDs that were recycled or processed for reuse in the state during the program year, as reported by OEMs and collectors under sections 260.1208 and 260.1214;
(2) A listing of all permanent collection sites as set forth under subsection 5 of section 260.1214;
(3) A statement of the OEMs' progress toward achieving the statewide recycling goal set forth in section 260.1204 (calculated from the OEM reports under section 260.1208 and the collector reports under section 260.1214) and any identified state actions that may help expand collection opportunities to help OEMs achieve the statewide recycling goal;
(4) A listing of any OEMs whom the department referred to the attorney general's office for enforcement as a result of a violation of sections 260.1200 to 260.1234;
(5) A discussion of the department's education and outreach activities; and
(6) A discussion of the penalties, if any, incurred by OEMs for failure to achieve recycling goals, and a recommendation to the general assembly of any necessary or appropriate changes to the statewide recycling goals, OEM's recycling goals, or penalty provisions included in sections 260.1200 to 260.1234.
5. The department shall post on its website:
(1) A list of OEMs that have paid the current year's registration fee as set forth in subsection 2 of section 260.1208; and
(2) A list of registered collectors to whom Missouri residents can bring CEDs for recycling or processing for reuse, including links to the collectors' websites and the collectors' phone numbers.
6. No later than October first of each program year, the department shall post on its website the following information for the next program year:
(1) The overall statewide recycling and reuse goal for CEDs; and
(2) The individual recycling goals for each OEM, as set forth in section 260.1204.
7. By March 1, 2016, and by March first of each subsequent year, the department shall post on its website a list of registered OEMs that have not met their annual recycling and reuse goal for the previous program year.
8. (1) By July 1, 2017, the department shall solicit written comments regarding all aspects of the program codified in sections 260.1200 to 260.1234, for the purpose of determining if the program requires any modifications.
(2) Issues to be reviewed by the department are, but not limited to, the following:
(a) Sufficiency of the annual statewide recycling goals;
(b) Fairness of the formulas used to determine individual OEM goals;
(c) Any temporary recisions of solid waste management district landfill bans granted in this state under subsection 5 of section 260.1228;
(e) Adequacy of, or the need for, the penalties listed in section 260.1222, which are scheduled to take effect on January 1, 2016;
(f) Adequacy of the collection systems that have been implemented as a result of sections 260.1200 to 260.1234, with a particular focus on promoting the most cost-effective and convenient collection system possible for Missouri residents.
(3) By July 1, 2018, the department shall complete its review of the written comments received, as well as its own reports on program years 2016 and 2017. By August 1, 2018, the department shall hold a public hearing to present its findings and solicit additional comments. All additional comments shall be submitted to the department in writing no later than October 1, 2018.
(4) The department's final report, which shall be issued no later than February 1, 2019, shall be submitted to the governor and the general assembly and shall include specific recommendations for any necessary or appropriate modifications to the program.
260.1208. 1. Prior to April 1, 2016, for the first program year, and by October first for program year 2017 and thereafter, OEMs whose CEDs are sold in this state shall register with the department. The registration shall be submitted in the form and manner required by the department. The registration shall include, without limitation, a list of all of the OEM's brands of CEDs.
2. Prior to September 1, 2016, for the first program year, and by the November first preceding program years 2017 and later, all OEMs whose CEDs are sold in the state shall submit to the department, at an address prescribed by the department, the registration fee for the next program year. The registration fee for program year 2016 and all subsequent years is ten thousand dollars.
3. An OEM whose CEDs are first sold or offered for sale in this state on or after January first of a program year shall register with the department in accordance with subsection 1 of this section and submit the registration fee required under subsection 2 of this section prior to the OEM's CEDs are sold or offered for sale.
4. Each OEM shall recover and recycle CEDs whose total units equal or exceed the OEM's individual recycling goal set forth in section 260.1204. Collectors and/or processors may assess a fee to individual consumers and small businesses for the collection and recovery of CRT monitors and CRT televisions. Collectors may charge a fee for premium services such as curbside collection, home pick-up, or a similar method of collection.
5. OEMs shall ensure that only collectors and processors that have registered with the department are used to meet the individual recycling goals set forth in sections 260.1200 to 260.1234.
6. OEMs shall ensure that the processors used to meet the individual recycling goals set forth in sections 260.1200 to 260.1234 shall, at a minimum, comply with the standards set forth under subsection 4 of section 260.1210.
7. By August 15, 2016, OEMs shall submit to the department, on forms and in a format prescribed by the department, a report for the period January 1, 2016, to June 30, 2016, that contains the total number of CED units.
8. No later than April first of program years 2017 and thereafter, CED OEMs shall submit to the department, in the form and manner required by the department, a report that contains the following information for the previous program year:
(1) The total number of CED units sold under each of the OEM's brands to individuals or small businesses within the state;
(2) A list of each processor and collector used by the OEM to fulfill the OEM's individual recycling goal set forth in section 260.1204.
9. Beginning January 1, 2016, no OEM shall sell a CED in this state unless the OEM is registered with the state as required under sections 260.1200 to 260.1234, has paid the required registration fee, and is otherwise in compliance with the provisions of sections 260.1200 to 260.1234.
10. Beginning January 1, 2016, no OEM shall sell a CED in this state unless the OEM's brand name is permanently affixed to, and is readily visible on the CED.
260.1210. 1. Prior to January first of each program year, each processor and/or collector shall register with the department and submit a registration fee under subsection 2 of this section for that program year. Registration shall be on forms and in a format prescribed by the department and shall include, but not be limited to, the address of each location where the processor and/or collector manages CEDs and identification of each location at which the processor and/or collector accepts CEDs from a residence or small business.
2. The annual registration fee is five hundred dollars for processors.
3. No person shall act as a processor of CEDs for a OEM obligated to meet goals under sections 260.1200 to 260.1234 unless the processor is registered and has paid the registration fee as required under this section.
4. Processors shall, at a minimum, comply with all of the following:
(1) Processors shall comply with federal, state, and local laws and regulations, including federal and state minimum wage laws, specifically relevant to the handling, processing, collecting, and recycling of residential and small business CEDs and shall have proper authorization by all appropriate governing authorities to perform the handling, processing, collecting, and recycling;
(2) Processors shall implement the appropriate measures to safeguard occupational and environmental health and safety, through the following:
(a) Environmental health and safety training of personnel, including training with regard to material and equipment handling, worker exposure, controlling releases, and safety and emergency procedures;
(b) An up-to-date, written plan for the identification and management of hazardous materials; and
(c) An up-to-date, written plan for reporting and responding to exceptional pollutant releases, including emergencies such as accidents, spills, fires, and explosions;
(3) Processors shall maintain:
(a) Commercial general liability insurance or the equivalent corporate guarantee for accidents and other emergencies with limits of not less than one million dollars per occurrence and one million dollars aggregate; and
(b) Pollution legal liability insurance with limits not less than one million dollars per occurrence for companies engaged solely in the dismantling activities;
(4) Processors shall maintain on file documentation that demonstrates the completion of an environmental health and safety audit completed and certified by a competent internal and external auditor annually. A competent auditor is an individual who, through professional training or work experience, is appropriately qualified to evaluate the environmental health and safety conditions, practices, and procedures of the facility. Documentation of auditors' qualifications shall be available for inspection by department officials and third-party auditors;
(5) Processors shall maintain on file proof of workers' compensation and employers' liability insurance;
(6) Processors shall provide adequate assurance (such as bonds or corporate guarantee) to cover environmental and other costs of the closure of the processor's facility, including cleanup of stockpiled equipment and materials;
(7) Processors shall apply due diligence principles to the selection of facilities to which components and materials (such as plastics, metals, and circuit boards) from CEDs are sent for reuse and recycling;
(8) Processors shall establish a documented environmental management system that is appropriate in level of detail and documentation to the scale and function of the facility, including documented regular self-audits or inspections of the processor's environmental compliance at the facility;
(9) Processors shall establish a system for identifying and properly managing components (such as circuit boards, batteries, CRTs, and mercury phosphor lamps) that are removed from CEDs during disassembly. Processors shall properly manage all hazardous and other components requiring special handling from CEDs consistent with federal, state, and local laws and regulations. Processors shall provide visible tracking (such as hazardous waste manifests or bills of lading) of hazardous components and materials from the facility to the destination facilities and documentation (such as contracts) stating how the destination facility processes the materials received. No processor may send, either directly or through intermediaries, hazardous wastes to solid waste (nonhazardous waste) landfills or to nonhazardous waste incinerators for disposal or energy recovery. For the purpose of these guidelines, smelting of hazardous wastes to recover metals for reuse in conformance with all applicable laws and regulations is not considered disposal or energy recovery;
(10) Processors shall use a regularly implemented and documented monitoring and record-keeping program that tracks inbound CED material units (total) and subsequent outbound units (total to each destination), injury and illness rates, and compliance with applicable permit parameters including monitoring of effluents and emissions. Processors shall maintain contracts or other documents, such as sales receipts, suitable to demonstrate:
(a) The reasonable expectation that there is a downstream market or uses for designated electronics (which may include recycling or reclamation processes such as smelting to recover metals for reuse); and
(b) That any residuals from recycling or reclamation processes, or both, are properly handled and managed to maximize reuse and recycling of materials to the extent practical;
(11) Processors shall comply with federal and international law and agreements regarding the export of used products or materials. In the case of exports of CEDs, processors shall comply with applicable requirements of the United States and of the import and transit countries and shall maintain proper business records documenting its compliance. No processor shall establish or use intermediaries for the purpose of circumventing these United States import and transit country requirements;
(12) Processors that conduct transactions involving the transboundary shipment of used CEDs shall use contracts (or the equivalent commercial arrangements) made in advance that detail the quantity and nature of the materials to be shipped. For the export of materials to a foreign country (directly or indirectly through downstream market contractors):
(a) The shipment of intact CEDs destined for reuse shall include only whole products that are tested and certified as being in working order or requiring only minor repair (e.g. not requiring the replacement of circuit boards or CRTs), shall be destined for reuse with respect to the original purpose, and the recipient shall have verified a market for the sale or donation of such product for reuse;
(b) The shipments of CEDs for material recovery shall be prepared in a manner for recycling, including, without limitation, smelting where metals will be recovered, plastics recovery and glass-to-glass recycling; or
(c) The shipment of CEDs are being exported to companies or facilities that are owned or controlled by the OEM;
(13) Processors shall maintain the following export records for each shipment on file for a minimum of three years:
(a) The facility name and the address to which shipment is exported;
(b) The shipment contents and volumes;
(c) The intended use of contents by the destination facility;
(d) Any specification required by the destination facility in relation to shipment contents;
(e) An assurance that all shipments for export, as applicable to the CED manufacturer, are legal and satisfy all applicable laws of the destination country;
(14) Processors shall employ industry-accepted procedures for the destruction or sanitization of data on hard drives and other data storage devices. Acceptable guidelines for the destruction or sanitization of data are contained in the National Institute of Standards and Technology's Guidelines for Media Sanitation or those guidelines certified by the National Association for Information Destruction;
(15) No processor shall employ prison labor in any operation related to the collection, transportation, recycling, and refurbishment of CEDs. No processor may employ any third party that uses or subcontracts for the use of prison labor.
260.1212. 1. Sheltered workshops, as defined in section 178.900, shall be exempt from any fees or certification requirements under sections 260.1200 to 260.1234.
2. All sheltered workshops shall have a contractual relationship with a processor.
260.1214. 1. No later than January first of each program year, collectors that collect or receive CEDs for one or more OEMs and processors shall register with the department. Registration shall be in the form and manner required by the department and shall include, without limitation, the address of each location where CEDs are received and the identification of each location at which the collector accepts CEDs from a residence or small business.
2. OEMs and processors also acting as collectors shall so indicate on their registration under section 260.1208 or 260.1210 and not register separately as collectors.
3. No later than August 15, 2015, collectors shall submit to the department, on forms and in a format prescribed by the department, a report for the period from January 1, 2015, to June 30, 2015, that contains the following information: the total number of CEDs collected or received for each OEM.
4. No later than May first of each program year, collectors shall submit to the department, on forms and in a format prescribed by the department, a report that contains the following information for the previous program year:
(1) The total number of CEDs collected or received for each OEM during the program year;
(2) A list of each processor that received CEDs from the collector and the total number of units each processor received;
(3) The address of each collector's facility where the CEDs were collected or received. Each facility address shall include the solid waste management district in which the facility is located.
5. Collectors shall provide no fewer than fifteen days' notice to the Missouri department of natural resources of collection events.
6. All collection events must be hosted by or in conjunction with a collector or processor registered with the department.
260.1216. For program year 2016 and later, underserved solid waste management districts shall be solid waste management districts in this state that, during the program year two years prior, were not served by a minimum of one collection site that:
(1) Accepted all types of CEDs; and
(2) Was open for a minimum of eight hours on at least one day per month of that program year.
260.1218. 1. The office of administration and the division of purchasing and materials management shall ensure that all bid specifications and contracts for the purchase or lease of CEDs by state agencies under a statewide master contract require that the electronic products have a bronze performance tier or higher registration under the Electronic Product Environmental Assessment Tool (EPEAT) operated by the Green Electronics Council.
2. This section applies to bid specifications issued, and contracts entered into, on or after January 1, 2016.
260.1220. Following the adoption of a federal law or regulation that establishes mandated recycling goals for CEDs that equal or exceed the goals set forth in sections 260.1200 to 260.1234, the department shall notify the general assembly of the federal law or regulation and recommend the repeal of sections 260.1200 to 260.1234.
260.1222. 1. Except as otherwise provided in sections 260.1200 to 260.1234, any person who violates any provision of sections 260.1200 to 260.1234 or fails to perform any duty under sections 260.1200 to 260.1234 is liable for a civil penalty not to exceed one thousand dollars for the violation and an additional civil penalty not to exceed one thousand dollars for each day the violation continues and is liable for a civil penalty not to exceed five thousand dollars for a second or subsequent violation and an additional civil penalty not to exceed one thousand dollars for each day the second or subsequent violation continues.
2. An OEM that is not registered with the department as required under sections 260.1200 to 260.1234, or that has not paid the registration fee as required under sections 260.1200 to 260.1234, is liable for a civil penalty not to exceed ten thousand dollars for the violation and an additional civil penalty not to exceed ten thousand dollars for each day the violation continues.
3. An OEM in violation of subsection 4 of section 260.1208 in program year 2016 or thereafter is liable for a civil penalty equal to the following: in program year 2018 and thereafter, if the total number of CEDs recycled or processed for reuse by the OEM is less than sixty percent of the OEM's individual recycling goal set forth in section 260.1204, the OEM shall pay a penalty equal to the product of: five dollars per unit, multiplied by the difference between the OEM's individual recycling goal and the total number of CEDs recycled or processed by the OEM during the program year.
4. Beginning January 1, 2016, an OEM in violation of section 260.1208 is liable for a civil penalty not to exceed five thousand dollars for the violation.
5. Any processor or collector in violation of section 260.1210 is liable for a civil penalty not to exceed five thousand dollars for the violation.
6. A knowing violation of subsections 1 and 3 of section 260.1228 is a petty offense punishable by a fine of one hundred dollars.
7. The penalties provided for in sections 260.1200 to 260.1234 may be recovered in a civil action brought by the attorney general in the name of the people of the state of Missouri.
8. The attorney general, at the request of the department or on his or her own motion, may institute a civil action for an injunction, prohibitory or mandatory, to restrain violations of sections 260.1200 to 260.1234 or to require such actions as may be necessary to address violations of sections 260.1200 to 260.1234.
9. The penalties and injunctions provided in sections 260.1200 to 260.1234 are in addition to any penalties, injunctions, or other relief provided under any other law. Nothing in sections 260.1200 to 260.1234 bars a cause of action by the state for any other penalty, injunction, or relief provided by any other law.
260.1224. 1. The registration fees established in sections 260.1200 to 260.1234 shall be transmitted to the department in a form and manner as shall be prescribed by the department for deposit into the solid waste management fund created in section 260.330. The provisions of section 33.080 to the contrary notwithstanding, moneys in the account shall not lapse to general revenue at the end of each biennium.
2. (1) Such registration fees deposited into the solid waste management fund shall be allocated as follows:
(a) Thirty-nine percent of the revenues shall be dedicated, upon appropriation, to support the duties of the department under sections 260.1200 to 260.1234; and
(b) Sixty-one percent of the revenues shall be allocated through grants, upon appropriation, to participating solid waste management districts. Revenues to be allocated under this subdivision shall be equally divided between participating solid waste management districts.
(2) Any moneys remaining unencumbered in any fiscal year due to insufficient or inadequate applications may be reallocated under this subsection in the subsequent fiscal year.
3. Such moneys shall be used by the solid waste management districts for grants or programs to support public education about use, recovery, and the effect of improper disposal of CEDs on the environment, to stimulate recovery and recycling of CEDs through funding of collection events and its associated costs and grants for equipment used in the business of recycling and/or recovery of CEDs.
260.1226. Nothing in sections 260.1200 to 260.1234 affects the validity or application of any other law of this state, or regulations adopted thereunder.
260.1228. 1. Except as may be provided under subsection 5 of this section, and beginning January 1, 2016, no person shall knowingly cause or allow the mixing of a CED with municipal waste that is intended for disposal at a landfill.
2. Except as may be provided under subsection 5 of this section, and beginning January 1, 2016, no person may knowingly cause or allow the disposal of a CED in a sanitary landfill.
3. Beginning January 1, 2016, no person may knowingly cause or allow the mixing of a CED with waste that is intended for disposal by burning or incineration.
4. Beginning January 1, 2016, no person may knowingly cause or allow the burning or incineration of a CED.
5. (1) Beginning April 1, 2016, but no later than December 31, 2017, the department is authorized to review temporary CED landfill ban waiver petitions by solid waste management districts and determine whether the respective solid waste management district's or action department's jurisdiction may be granted a temporary CED landfill ban waiver due to a lack of funds and a lack of collection opportunities to collect CEDs within the solid waste management district's or action department's jurisdiction. If the department grants a waiver under this subsection, subsections 1 and 2 of this section shall not apply to CEDs that are taken out of service from residences or small businesses within the jurisdiction of the solid waste management district or action department receiving the waiver and disposed of during the remainder of the program year in which the petition is filed.
(2) The petition from the solid waste management district or action department shall include the following:
(a) Documentation of the solid waste management district's or action department's attempts to gain funding, as well as the total funding obtained, for the collection of CEDs in its jurisdiction from OEMs or other units of government in the state; and
(b) An assessment of other collection opportunities in the solid waste management district's or action department's jurisdiction demonstrating insufficient capacity for the anticipated volume of CEDs for the remainder of the program year in which the petition is being filed.
(3) In addition to the criteria listed in subdivision (2) of this subsection, the department shall consider the following additional criteria when reviewing a petition:
(a) Total units of CEDs collected in the solid waste management district's or action department's jurisdiction during all preceding program years;
(b) Total units of CEDs collected in the solid waste management district's or action department's jurisdiction during the year in which the petition is filed; and
(c) The projected difference in CED units between prior program years and the year in which the petition is filed.
(4) Within sixty days after the filing of the petition with the department, the department shall determine, based on the criteria in subdivisions (2) and (3) of this subsection, whether a temporary CED landfill ban waiver shall be granted to the respective solid waste management district or action department for the remainder of the program year in which the petition is filed. The department's decision to grant such a waiver shall be based upon a showing by clear and convincing evidence that a solid waste management district or action department has a lack of funds and its respective jurisdiction lacks sufficient collection opportunities to collect CEDs. If the department denies the petition for a landfill ban waiver, the department's order shall be final and immediately appealable to the circuit court having jurisdiction over the petitioner.
(5) Within five days after granting a temporary CED landfill ban waiver, the department shall provide written notice of the department's decision. The notice shall be provided at least fifteen days prior to the waiver taking effect.
(6) Any solid waste management district or action department granted a temporary CED landfill ban waiver shall, within seven days after receiving the waiver, inform all solid waste haulers and landfill operators used by the solid waste management district or action department for solid waste disposal that a waiver has been granted for the remainder of the program year. The notification shall be provided to the solid waste haulers and landfill operators at least fifteen days prior to the waiver taking effect.
(7) Between April 1, 2018, and December 31, 2019, if a temporary CED landfill ban waiver has been granted to a petitioner, no person disposing of a CED shall be subject to any enforcement proceeding unless he or she disposes of the CED with knowledge that the CED is from a solid waste management district or action department that has not received a temporary CED landfill ban waiver.
(8) Once the department grants a temporary CED landfill ban waiver to a solid waste management district, such district is no longer required to file any additional petitions to the department for temporary CED landfill ban waivers.
260.1230. Financial or proprietary information submitted to the department under sections 260.1200 to 260.1234 shall not be considered a public record under chapter 610.
260.1232. All equipment collected under sections 260.1200 to 260.1234 shall be recycled or reused in a manner that complies with federal, state, and local law.
260.1234. The department shall promulgate rules to implement the provisions of sections 260.1200 to 260.1234. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2014, shall be invalid and void.
[260.1050. Sections 260.1050 to 260.1101 may be cited as the "Manufacturer Responsibility and Consumer Convenience Equipment Collection and Recovery Act".]
[260.1053. As used in sections 260.1050 to 260.1101, the following terms mean:
(1) "Brand", the name, symbol, logo, trademark, or other information that identifies a product rather than the components of the product;
(2) "Computer materials", a desktop or notebook computer and includes a computer monitor or other display device that does not contain a tuner;
(3) "Consumer", an individual who uses equipment that is purchased primarily for personal or home business use;
(4) "Department", department of natural resources;
(5) "Equipment", computer materials;
(6) "Manufacturer", a person:
(a) Who manufactures or manufactured equipment under a brand that:
a. The person owns or owned; or
b. The person is or was licensed to use, other than under a license to manufacture equipment for delivery exclusively to or at the order of the licensor;
(b) Who sells or sold equipment manufactured by others under a brand that:
a. The person owns or owned; or
b. The person is or was licensed to use, other than under a license to manufacture equipment for delivery exclusively to or at the order of the licensor;
(c) Who manufactures or manufactured equipment without affixing a brand;
(d) Who manufactures or manufactured equipment to which the person affixes or affixed a brand that:
a. The person does not or has not owned; or
b. The person is not or was not licensed to use; or
(e) Who imports or imported equipment manufactured outside the United States into the United States unless at the time of importation the company or licensee that sells or sold the equipment to the importer has or had assets or a presence in the United States sufficient to be considered the manufacturer.]
[260.1059. 1. The collection, recycling, and reuse provisions of sections 260.1050 to 260.1101 apply to equipment used and returned to the manufacturer by a consumer in this state and do not impose any obligation on an owner or operator of a solid waste facility.
2. Sections 260.1050 to 260.1101 do not apply to:
(1) Any computer material that is an electronic device that is a part of a motor vehicle or any part of a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle;
(2) Any electronic device that is functionally or physically a part of, connected to or integrated within a larger piece of equipment designed and intended for use in an industrial, governmental, commercial, research and development, or medical setting, including diagnostic, monitoring, or other medical products as that term is defined under the federal Food, Drug, and Cosmetic Act or equipment used for security, sensing, monitoring, or antiterrorism purposes;
(3) A covered electronic device that is contained within a clothes washer, clothes dryer, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, or air purifier;
(4) Telephone of any type, including mobile telephones and wireless devices;
(5) A personal digital assistant or P.D.A.;
(6) A consumer's lease of equipment or a consumer's use of equipment under a lease agreement; or
(7) The sale or lease of equipment to an entity when the manufacturer and the entity enter into a contract that effectively addresses the collection, recycling, and reuse of equipment that has reached the end of its useful life.]
[260.1062. 1. Before a manufacturer may offer equipment for sale in this state, the manufacturer shall:
(1) Adopt and implement a recovery plan;
(2) Submit a written copy of the recovery plan to the department; and
(3) Affix a permanent, readily visible label to the equipment with the manufacturer's brand.
2. The recovery plan shall enable a consumer to recycle equipment without paying a separate fee at the time of recycling and shall include provisions for:
(1) The manufacturer's collection from a consumer of any equipment that has reached the end of its useful life and is labeled with the manufacturer's brand; and
(2) Recycling or reuse of equipment collected under subdivision (1) of this subsection.
3. The collection of equipment provided under the recovery plan shall be:
(1) Reasonably convenient and available to consumers in this state; and
(2) Designed to meet the collection needs of consumers in this state.
4. Examples of collection methods that alone or combined meet the convenience requirements of this section include a system:
(1) By which the manufacturer or the manufacturer's designee offers the consumer an option for returning equipment by mail at no charge to the consumer;
(2) Using a physical collection site that the manufacturer or the manufacturer's designee keeps open and staffed and to which the consumer may return equipment; and
(3) Using a collection event held by the manufacturer or the manufacturer's designee at which the consumer may return equipment.
5. Collection services under this section may use existing collection and consolidation infrastructure for handling equipment and may include systems jointly managed by a group of manufacturers, electronic recyclers and repair shops, recyclers of other commodities, reuse organizations, not-for-profit corporations, retailers, recyclers, and other suitable operations. If a manufacturer or its designee offers a mail-back system as described in subsection 4 of this section, either individually or by working together with a group of manufacturers or by working with others, it shall be deemed to meet the convenience requirements of this section.
6. The recovery plan shall include information for the consumer on how and where to return the manufacturer's equipment. The manufacturer:
(1) Shall include collection, recycling, and reuse information on the manufacturer's publicly available internet site;
(2) Shall provide collection, recycling, and reuse information to the department; and
(3) May include collection, recycling, and reuse information in the packaging for or in other materials that accompany the manufacturer's equipment when the equipment is sold.
7. Information about collection, recycling, and reuse on a manufacturer's publicly available internet site does not constitute a determination by the department that the manufacturer's recovery plan or actual practices are in compliance with sections 260.1050 to 260.1101 or other state or federal law.
8. Each manufacturer shall submit a report to the department not later than January thirty-first of each year that includes:
(1) The weight of equipment collected, recycled, and reused during the preceding calendar year; and
(2) Documentation certifying that the collection, recycling, and reuse of equipment during the preceding calendar year was conducted in a manner that complies with section 260.1089 regarding sound environmental management.
9. If more than one person is a manufacturer of a certain brand of equipment as defined by section 260.1053, any of those persons may assume responsibility for and satisfy the obligations of a manufacturer under sections 260.1050 to 260.1101 for that brand. If none of those persons assumes responsibility or satisfies the obligations of a manufacturer for the equipment of that brand, the department may consider any of those persons to be the responsible manufacturer for purposes of sections 260.1050 to 260.1101.
10. The obligations under sections 260.1050 to 260.1101 of a manufacturer who manufactures or manufactured equipment, or sells or sold equipment manufactured by others, under a brand that was previously used by a different person in the manufacture of the equipment extends to all equipment bearing that brand regardless of its date of manufacture.]
[260.1065. 1. A person who is a retailer of equipment shall not sell or offer to sell new equipment in this state unless the equipment is labeled with the manufacturer's label and the manufacturer is included on the department's list of manufacturers that have recovery plans.
2. Retailers can go to the department's internet site as outlined in section 260.1071 and view all manufacturers that are listed as having registered a collection program. Covered electronic products from manufacturers on that list may be sold in or into this state.
3. A retailer is not required to collect equipment for recycling or reuse under sections 260.1050 to 260.1101.]
[260.1068. 1. A manufacturer or retailer of equipment is not liable in any way for information in any form that a consumer leaves on computer materials that are collected, recycled, or reused under sections 260.1050 to 260.1101.
2. The consumer is responsible for any information in any form left on the consumer's computer materials that are collected, recycled, or reused.
3. Compliance with sections 260.1050 to 260.1101 does not exempt a person from liability under other law.]
[260.1071. 1. The department shall educate consumers regarding the collection, recycling, and reuse of equipment.
2. The department shall host or designate another person to host an internet site providing consumers with information about the recycling and reuse of equipment, including best management practices and information about and links to information on:
(1) Manufacturers' collection, recycling, and reuse programs, including manufacturers' recovery plans; and
(2) Equipment collection events, collection sites, and community equipment recycling and reuse programs.]
[260.1074. 1. The department may conduct audits and inspections to determine compliance with sections 260.1050 to 260.1101.
2. The department and the attorney general, as appropriate, shall enforce sections 260.1050 to 260.1101 and, except as provided by subsections 4 and 5 of this section, take enforcement action against any manufacturer, retailer, or person who recycles or reuses equipment for failure to comply with sections 260.1050 to 260.1101.
3. The attorney general may file suit to enjoin an activity related to the sale of equipment in violation of sections 260.1050 to 260.1101.
4. The department shall issue a written warning notice to a person upon the person's first violation of sections 260.1050 to 260.1101. The person shall comply with sections 260.1050 to 260.1101 not later than the sixtieth day after the date the warning notice is issued.
5. A retailer who receives a warning notice from the department that the retailer's inventory violates sections 260.1050 to 260.1101 because it includes equipment from a manufacturer that has not submitted the recovery plan required by section 260.1062 shall bring the inventory into compliance with sections 260.1050 to 260.1101 not later than the sixtieth day after the date the warning notice is issued.
6. (1) The department may assess a penalty against a manufacturer that does not label its equipment or adopt, implement, or submit a recovery plan as required by section 260.1062. No penalty shall be assessed for a first violation and the amount of the penalty shall not exceed ten thousand dollars for the second violation or twenty-five thousand dollars for each subsequent violation.
(2) Any penalty collected under this section shall be credited to the "Equipment Recycling Subaccount", which is hereby created, in the hazardous waste fund. Moneys in the subaccount shall be used for the purpose of administering the provisions of sections 260.1050 to 260.1101. The state treasurer shall be custodian of the subaccount and may approve disbursements from the fund in accordance with sections 30.170 and 30.180. Upon appropriation, money in the subaccount shall be used solely for the administration of sections 260.1050 to 260.1101. Any moneys remaining in the subaccount at the end of the biennium shall revert to the credit of the general revenue fund. The state treasurer shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the subaccount.]
[260.1077. Financial or proprietary information submitted to the department under sections 260.1050 to 260.1101 shall not be considered a public record under chapter 610.]
[260.1080. The department shall compile information from manufacturers and issue an electronic report to the committee in each house of the general assembly having primary jurisdiction over environmental matters not later than March first of each year.]
[260.1083. Sections 260.1050 to 260.1101 do not authorize the department to impose a fee, including a recycling fee or registration fee, on a consumer, manufacturer, retailer, or person who recycles or reuses equipment.]
[260.1089. 1. All equipment collected under sections 260.1050 to 260.1101 shall be recycled or reused in a manner that complies with federal, state, and local law.
2. The department shall, by rule, adopt as mandatory standards for recycling or reuse of equipment in this state the standards provided by Electronics Recycling Operating Practices as approved by the board of directors of the Institute of Scrap Recycling Industries, Inc., April 25, 2006, or other standards issued from the U.S. Environmental Protection Agency, if available.]
[260.1092. 1. If federal law establishes a national program for the collection and recycling of equipment and the department determines that the federal law substantially meets the purposes of sections 260.1050 to 260.1101, the department may adopt an agency statement that interprets the federal law as preemptive of sections 260.1050 to 260.1101.
2. Sections 260.1050 to 260.1101 shall expire on the date the department issues a statement under this section.]
[260.1101. 1. The department shall adopt any rules required to implement sections 260.1050 to 260.1101 not later than July 1, 2009. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2008, shall be invalid and void.
2. Sections 260.1050 to 260.1101 shall not be enforced before rules developed under this section are promulgated.
3. It shall not be considered a violation of sections 260.1050 to 260.1101 for a retailer to sell any inventory accrued before August 28, 2008.]
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