Bill Text: OH HB447 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: On that date.
Spectrum: Strong Partisan Bill (Democrat 13-1)
Status: (Introduced - Dead) 2010-02-09 - To Environment & Brownfield Development [HB447 Detail]
Download: Ohio-2009-HB447-Introduced.html
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Representative Murray
Cosponsors:
Representatives Hagan, Foley, Domenick, Chandler, Skindell, Phillips, Harris, Williams, B., Okey, Winburn, Letson, Stewart, Fende
To enact sections 3734.92, 3734.921, 3734.922, | 1 |
3734.923, 3734.924, 3734.925, 3734.926, and | 2 |
3734.927 of the Revised Code to establish a | 3 |
recycling program for covered electronic devices, | 4 |
to create the Electronic Waste Advisory Council to | 5 |
evaluate and make recommendations and prepare a | 6 |
report concerning recycling of those devices, and | 7 |
to terminate the Electronic Waste Advisory Council | 8 |
on July 1, 2013, by repealing section 3734.927 of | 9 |
the Revised Code on that date. | 10 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3734.92, 3734.921, 3734.922, | 11 |
3734.923, 3734.924, 3734.925, 3734.926, and 3734.927 of the | 12 |
Revised Code be enacted to read as follows: | 13 |
Sec. 3734.92. As used in sections 3734.92 to 3734.927 of the | 14 |
Revised Code: | 15 |
(A) "Collector" means a person who receives covered | 16 |
electronic devices from consumers and arranges for the delivery of | 17 |
the covered electronic devices to a recycler. | 18 |
(B) "Computer" means a desktop personal computer, laptop | 19 |
computer, computer monitor, or printer. "Computer" does not | 20 |
include either of the following: | 21 |
(1) A personal digital assistant device or mobile telephone; | 22 |
(2) A computer peripheral device, including a mouse or other | 23 |
similar pointing device or a detachable or wireless keyboard. | 24 |
(C) "Computer take-back program" means a program that is | 25 |
required under section 3734.923 of the Revised Code. | 26 |
(D) "Consumer" means a person who purchases a covered | 27 |
electronic device primarily for personal or small business | 28 |
purposes in this state. | 29 |
(E) "Covered computer" means a computer that was or will be | 30 |
used primarily for personal or small business purposes in this | 31 |
state. "Covered computer" does not include device that is | 32 |
functionally or physically a part of, connected to, or integrated | 33 |
within a larger piece of equipment or system that is designed and | 34 |
intended for use in an industrial, governmental, commercial, | 35 |
research and development, or medical setting, including, but not | 36 |
limited to, diagnostic, monitoring, or control products, medical | 37 |
products approved under the "Federal Food, Drug, and Cosmetic | 38 |
Act," 59 Stat. 1040 (1938), 21 U.S.C. 301 et seq., as amended, | 39 |
equipment used for security, sensing, monitoring, antiterrorism, | 40 |
or emergency services purposes, or equipment designed and intended | 41 |
primarily for use by professional users. | 42 |
(F) "Covered electronic device" means a covered computer or | 43 |
covered video display device. | 44 |
(G) "Covered electronic device take-back program" means a | 45 |
computer take-back program or a video display device take-back | 46 |
program. | 47 |
(H) "Covered video display device" means a video display | 48 |
device that was or will be used primarily for personal or small | 49 |
business purposes in this state. "Covered video display device" | 50 |
does not include any of the following: | 51 |
(1) A video display device that is a part of a motor vehicle | 52 |
or any component part of a motor vehicle that is assembled by or | 53 |
for a vehicle manufacturer or a franchisee of a vehicle | 54 |
manufacturer, including replacement parts for use in a motor | 55 |
vehicle; | 56 |
(2) A video display device that is contained within a clothes | 57 |
washer, clothes dryer, refrigerator, refrigerator and freezer, | 58 |
microwave oven, conventional oven or range, dishwasher, room air | 59 |
conditioner, dehumidifier, air purifier, or other household | 60 |
appliance; | 61 |
(3) A video display device that is functionally or physically | 62 |
a part of, connected to, or integrated within a larger piece of | 63 |
equipment or system that is designed and intended for use in an | 64 |
industrial, governmental, commercial, research and development, or | 65 |
medical setting, including, but not limited to, diagnostic, | 66 |
monitoring, or control products, medical products approved under | 67 |
the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), | 68 |
21 U.S.C. 301 et seq., as amended, equipment used for security, | 69 |
sensing, monitoring, antiterrorism, or emergency services | 70 |
purposes, or equipment designed and intended primarily for use by | 71 |
professional users. | 72 |
(I) "Manufacturer" means any of the following: | 73 |
(1) A person who owns a brand with which a covered computer | 74 |
is labeled if the person sold more than fifty covered computers in | 75 |
the calendar year of the effective date of this section or a | 76 |
subsequent calendar year; | 77 |
(2) A person who owns or who is licensed to use a brand with | 78 |
which a covered video display device is labeled if the person sold | 79 |
more than fifty covered video display devices in a calendar year; | 80 |
(3) A person who imports into the United States a covered | 81 |
electronic device if the person who owns the brand does not do | 82 |
business in the United States, provided that the person who | 83 |
imports the covered electronic device sold or imported more than | 84 |
fifty covered computers in the calendar year of the effective date | 85 |
of this section or in a subsequent calendar year or sold or | 86 |
imported more than fifty covered video display devices in a | 87 |
calendar year; | 88 |
(4) A person who contractually assumes the responsibilities | 89 |
and obligations described in division (I)(1), (2), or (3) of this | 90 |
section. | 91 |
(J) "Printer" means a device that prints using a print | 92 |
technology such as laser, electrographic, ink jet, dot matrix, | 93 |
thermal, or digital sublimation and that is designed to be placed | 94 |
on a desk or other work surface. "Printer" includes a | 95 |
multifunction or all-in-one device that in addition to printing | 96 |
may perform copying, scanning, faxing, or a combination of part or | 97 |
all of those functions. "Printer" does not include a | 98 |
floor-standing device that prints or a device that prints that has | 99 |
an optional floor stand, a point of sale receipt printer, a | 100 |
calculator with printing capabilities, a label maker, or a device | 101 |
that prints that is embedded within a product that is not a | 102 |
covered computer. | 103 |
(K) "Recycler" means a person who as a principal component of | 104 |
business operations acquires covered electronic devices and sorts | 105 |
and processes the covered electronic devices in order to | 106 |
facilitate recycling or resource recovery techniques. "Recycler" | 107 |
does not include a collector, hauler, or electronics shop. | 108 |
(L) "Retailer" means a person who sells a covered electronic | 109 |
device to a consumer at a sales outlet, by mail order, via the | 110 |
internet, or by any other means regardless of whether the person | 111 |
has a physical presence in this state. | 112 |
(M) "Small business" means a business that has ten or fewer | 113 |
employees. | 114 |
(N) "Video display device" means an electronic device with a | 115 |
viewable screen size that is greater than four inches measured | 116 |
diagonally, that contains a tuner, and that is capable of | 117 |
receiving and displaying television or video programming via a | 118 |
broadcast, cable, or satellite. "Video display device" includes, | 119 |
but is not limited to, a direct view or projection television in | 120 |
which the display technology is a cathode ray tube, plasma, liquid | 121 |
crystal display, digital light processing, liquid crystal on | 122 |
silicon, silicon crystal reflective display, light emitting diode, | 123 |
or similar technology. | 124 |
(O) "Video display device take-back program" means a program | 125 |
that is required under section 3734.924 of the Revised Code. | 126 |
Sec. 3734.921. (A) Not later than thirty days after the end | 127 |
of the state's fiscal year, a manufacturer who sells or offers for | 128 |
sale in this state new covered electronic devices shall register | 129 |
with the director of environmental protection on a form prescribed | 130 |
and provided by the director. The registration form shall require | 131 |
a manufacturer to provide all of the following: | 132 |
(1) The name, address, and telephone number of the | 133 |
manufacturer; | 134 |
(2) Each brand name under which the manufacturer sells or | 135 |
offers for sale covered electronic devices in this state; | 136 |
(3) Information concerning the manufacturer's covered | 137 |
electronic device take-back program that includes all of the | 138 |
following: | 139 |
(a) Information that is provided to consumers that describes | 140 |
how and where to return covered electronic devices that are | 141 |
labeled with the manufacturer's name or brand label; | 142 |
(b) A detailed statement that describes the means by which | 143 |
the information required in division (A)(3)(a) of this section is | 144 |
provided to consumers, including any web site addresses that may | 145 |
be used; | 146 |
(c) Beginning with the submission of the first registration | 147 |
after the implementation of a covered electronic device take-back | 148 |
program, a report that describes the implementation of that | 149 |
program during the preceding fiscal year. The report shall include | 150 |
all of the following: | 151 |
(i) The total weight of the covered electronic devices | 152 |
received under the take-back program from consumers during the | 153 |
preceding fiscal year; | 154 |
(ii) The processes and methods used to recycle or reuse the | 155 |
covered electronic devices that are received from consumers; | 156 |
(iii) The identity of all collectors or recyclers with whom | 157 |
the manufacturer has entered into an agreement for the collection | 158 |
or recycling of covered electronic devices received from | 159 |
consumers. The identity of a recycler shall include the addresses | 160 |
of each of the recycler's recycling facilities that are located in | 161 |
this state, if applicable. | 162 |
(B) Until October 1, 2016, a manufacturer shall include with | 163 |
a registration submitted under this section an annual fee of five | 164 |
thousand dollars. However, if the balance of the electronic waste | 165 |
recycling fund created in section 3734.926 of the Revised Code is | 166 |
greater than one million dollars on December 31 of any year, the | 167 |
director shall not collect the annual fee for the subsequent | 168 |
fiscal year. The director shall transmit the money from the fees | 169 |
collected under this section to the treasurer of state who shall | 170 |
deposit the money in the state treasury to the credit of the | 171 |
electronic waste recycling fund. | 172 |
(C) A registration is effective on receipt by the director, | 173 |
provided that the registration is complete and includes the fee | 174 |
required in division (B) of this section. If a manufacturer's | 175 |
registration does not satisfy the requirements of this section, | 176 |
the director shall notify the manufacturer of the deficiency. If | 177 |
the manufacturer fails to correct a deficiency within sixty days | 178 |
after notice of the deficiency is sent by the director, the | 179 |
director may deny or revoke the manufacturer's registration. | 180 |
(D) The director shall maintain on the environmental | 181 |
protection agency's web site a list of registered manufacturers of | 182 |
covered computers and a list of registered manufacturers of | 183 |
covered video display devices together with the web site addresses | 184 |
at which each manufacturer provides information regarding | 185 |
recycling covered electronic devices, if any. | 186 |
(E) Information that is provided under division | 187 |
(A)(3)(c)(iii) of this section is not subject to section 149.43 of | 188 |
the Revised Code unless required by a court order. | 189 |
(F) Not later than October 1, 2011, and every two years after | 190 |
that date, the director shall submit a report to the speaker of | 191 |
the house of representatives and the president of the senate that | 192 |
provides an assessment of the adequacy of the fee that is | 193 |
established in this section and recommendations, if any, to modify | 194 |
the amount of the fee. | 195 |
Sec. 3734.922. (A) Beginning April 1, 2011, a manufacturer | 196 |
shall not sell or offer for sale at a sales outlet, by mail order, | 197 |
via the internet, or by any other means in this state a new | 198 |
covered electronic device unless all of the following are | 199 |
satisfied: | 200 |
(1) The covered electronic device is labeled with the | 201 |
manufacturer's name or a brand label that is owned by or that is | 202 |
licensed for use by the manufacturer. | 203 |
(2) The manufacturer's name is on the applicable registration | 204 |
list that is maintained by the director of environmental | 205 |
protection as required in section 3734.921 of the Revised Code. | 206 |
(3) If the covered electronic device is a covered computer, | 207 |
the manufacturer has established a computer take-back program. | 208 |
(4) If the covered electronic device is a covered video | 209 |
display device, the manufacturer has established a video display | 210 |
device take-back program. | 211 |
(B) A retailer shall not sell or offer for sale in this state | 212 |
a new covered electronic device that is purchased by the retailer | 213 |
from a manufacturer of the new covered electronic device on or | 214 |
after April 1, 2011, unless the manufacturer is on the applicable | 215 |
registration list that is maintained by the director as required | 216 |
in section 3734.921 of the Revised Code. | 217 |
Sec. 3734.923. (A) Beginning April 1, 2011, a manufacturer of | 218 |
a covered computer shall establish a computer take-back program | 219 |
that satisfies all of the following: | 220 |
(1) Through March 31, 2013, the manufacturer of a covered | 221 |
computer or the manufacturer's designee accepts from a consumer | 222 |
any type or brand of covered computer that has reached the end of | 223 |
its useful life for the consumer. After March 31, 2013, the | 224 |
manufacturer or the manufacturer's designee accepts from a | 225 |
consumer the manufacturer's covered computer that has reached the | 226 |
end of its useful life for the consumer. However, a manufacturer | 227 |
is not required to accept more than seven covered computers from a | 228 |
single consumer on a single day. Division (A)(1) of this section | 229 |
shall not be construed in a manner that impairs the obligation of | 230 |
a contract under which a person agrees to conduct a computer | 231 |
take-back program on behalf of a manufacturer. | 232 |
(2) Except as provided in this division or for data | 233 |
sanitization services provided in accordance with division (A)(5) | 234 |
of this section, the manufacturer or the manufacturer's designee | 235 |
does not charge a fee when a consumer returns a covered computer | 236 |
to the manufacturer. A manufacturer or a manufacturer's designee | 237 |
may offer to charge a fee when a consumer returns a covered | 238 |
computer to the manufacturer if in exchange for the fee the | 239 |
manufacturer or the manufacturer's designee provides goods or | 240 |
services in an amount equal to or greater than the amount of the | 241 |
fee that will be charged and the consumer has the option to accept | 242 |
or reject the offer. If the consumer accepts the offer, the | 243 |
manufacturer or the manufacturer's designee may charge the fee and | 244 |
provide to the consumer goods or services in an amount equal to or | 245 |
greater than the amount of the fee charged. However, if the | 246 |
consumer rejects the offer, the manufacturer or manufacturer's | 247 |
designee shall accept the return of the covered computer free of | 248 |
charge. | 249 |
(3) The collection of a covered computer is reasonably | 250 |
convenient for, available to, and designed to meet the needs of | 251 |
consumers in this state. Collection methods that alone or in | 252 |
combination satisfy division (A)(3) of this section include | 253 |
methods for a consumer to return a covered computer by one or more | 254 |
of the following means: | 255 |
(a) Mail or common carrier; | 256 |
(b) Deposit at a local physical collection site that is open | 257 |
and staffed on a continuing basis; | 258 |
(c) Deposit at a periodic local collection event; | 259 |
(d) Deposit at a retailer. | 260 |
(4) The manufacturer of a covered computer provides to | 261 |
consumers information on how and where to return a covered | 262 |
computer, including, but not limited to, information on the | 263 |
manufacturer's web site concerning the collection, recycling, and | 264 |
reuse of a covered computer. The manufacturer also may include | 265 |
information concerning the collection, recycling, and reuse of a | 266 |
covered computer via a toll-free telephone number or in the | 267 |
packaging for or with other materials that accompany the | 268 |
manufacturer's covered computers when the covered computers are | 269 |
sold. | 270 |
(5) The manufacturer of a covered computer provides to | 271 |
consumers information on how to effectively destroy or sanitize | 272 |
the data on the computer's hard drive and other memory storage | 273 |
devices associated with the covered computer prior to delivery of | 274 |
the covered computer to a computer take-back program. The | 275 |
information shall consist of standard data destruction or | 276 |
sanitization techniques of the computer industry, including, but | 277 |
not limited to, the use of free or low-cost data sanitization | 278 |
software available on the internet and the physical destruction of | 279 |
a hard drive and other memory storage devices for those purposes. | 280 |
As a part of a computer take-back program, a manufacturer may | 281 |
provide data destruction or sanitization services to a consumer | 282 |
for a fee not to exceed five dollars per hard drive or other | 283 |
memory storage device. | 284 |
(6) The manufacturer recycles or arranges for the recycling | 285 |
of the covered computers that are collected in accordance with | 286 |
division (A)(1) of this section. | 287 |
(B) For purposes of divisions (A)(1) and (6) of this section, | 288 |
a manufacturer may arrange for the collection and recycling of | 289 |
covered computers by another person. | 290 |
(C) For purposes of division (A) of this section, a | 291 |
manufacturer may implement a covered computer take-back program in | 292 |
conjunction with other manufacturers. | 293 |
Sec. 3734.924. (A) Beginning April 1, 2011, a manufacturer of | 294 |
a covered video display device shall establish a video display | 295 |
device take-back program that satisfies all of the following: | 296 |
(1) The manufacturer of a covered video display device or the | 297 |
manufacturer's designee accepts from a consumer any covered video | 298 |
display device that has reached the end of its useful life for the | 299 |
consumer regardless of the type or brand. However, a manufacturer | 300 |
is not required to accept more than seven covered video display | 301 |
devices from a single consumer on a single day. | 302 |
(2) Except as provided in this division, the manufacturer or | 303 |
the manufacturer's designee does not charge a fee when a consumer | 304 |
returns any covered video display device to the manufacturer. A | 305 |
manufacturer or a manufacturer's designee may offer to charge a | 306 |
fee when a consumer returns a covered video display device to the | 307 |
manufacturer if in exchange for the fee the manufacturer or the | 308 |
manufacturer's designee provides goods or services in an amount | 309 |
equal to or greater than the amount of the fee that will be | 310 |
charged and the consumer has the option to accept or reject the | 311 |
offer. If the consumer accepts the offer, the manufacturer or the | 312 |
manufacturer's designee may charge the fee and provide to the | 313 |
consumer goods or services in an amount equal to or greater than | 314 |
the amount of the fee charged. However, if the consumer rejects | 315 |
the offer, the manufacturer or manufacturer's designee shall | 316 |
accept the return of the covered video display device free of | 317 |
charge. | 318 |
(3) The collection of a covered video display device is | 319 |
reasonably convenient for, available to, and designed to meet the | 320 |
needs of consumers in this state. Collection methods that alone or | 321 |
in combination satisfy division (A)(3) of this section include | 322 |
methods for a consumer to return a covered video display device by | 323 |
one or more of the following means: | 324 |
(a) Mail or common carrier; | 325 |
(b) Deposit at a local physical collection site that is open | 326 |
and staffed on a continuing basis; | 327 |
(c) Deposit at a periodic local collection event; | 328 |
(d) Deposit at a retailer. | 329 |
(4) The manufacturer of a covered video display device | 330 |
provides to consumers information on how and where to return a | 331 |
covered video display device, including, but not limited to, | 332 |
information on the manufacturer's web site concerning the | 333 |
collection, recycling, and reuse of a covered video display | 334 |
device. The manufacturer also may include information concerning | 335 |
the collection, recycling, and reuse of a covered video display | 336 |
device via a toll-free telephone number or in the packaging for or | 337 |
with other materials that accompany the manufacturer's covered | 338 |
video display devices when the covered video display devices are | 339 |
sold. | 340 |
(5) The manufacturer recycles or arranges for the recycling | 341 |
of the covered video display devices that are collected in | 342 |
accordance with division (A)(1) of this section. As a nonbinding | 343 |
goal, a manufacturer who is required to conduct a video display | 344 |
device take-back program shall recycle annually sixty per cent of | 345 |
the total weight of covered video display devices sold by the | 346 |
manufacturer in this state during the previous state fiscal year. | 347 |
Information that is compiled for the purposes of division (A)(5) | 348 |
of this section is not subject to section 149.43 of the Revised | 349 |
Code unless required by a court order. | 350 |
(B) For purposes of divisions (A)(1) and (5) of this section, | 351 |
a manufacturer may arrange for the collection and recycling of | 352 |
covered video display devices by another person. | 353 |
(C) For purposes of division (A) of this section, a | 354 |
manufacturer may implement a covered video display device | 355 |
take-back program in conjunction with other manufacturers. | 356 |
Sec. 3734.925. (A) Not later than thirty days after the end | 357 |
of the state's fiscal year, a recycler who operates in this state | 358 |
shall register with the director of environmental protection on a | 359 |
form prescribed and provided by the director. The registration | 360 |
form shall require a recycler to provide all of the following: | 361 |
(1) The name, address, telephone number, and, if applicable, | 362 |
e-mail address of the recycler; | 363 |
(2) An identification of each location where the recycler | 364 |
accepts or processes covered electronic devices; | 365 |
(3) The types of covered electronic devices accepted at each | 366 |
location where the recycler accepts or processes covered | 367 |
electronic devices; | 368 |
(4) The name of each manufacturer, if any, from which the | 369 |
recycler receives covered electronic devices as part of a covered | 370 |
electronic device take-back program; | 371 |
(5) The total weight of covered electronic devices received | 372 |
for processing during the preceding fiscal year; | 373 |
(6) The name of each nationally recognized electronic | 374 |
recycling certification held by the recycler; | 375 |
(7) A certification that the recycler will comply with all | 376 |
applicable state and federal laws and rules adopted under them | 377 |
governing the storage, transportation, processing, and exportation | 378 |
of a covered electronic device. | 379 |
(B) Until October 1, 2016, a recycler shall include with a | 380 |
registration submitted under this section an annual fee of three | 381 |
hundred dollars. The director shall transmit the money from the | 382 |
fees collected under this section to the treasurer of state who | 383 |
shall deposit the money in the state treasury to the credit of the | 384 |
electronic waste recycling fund created in section 3734.926 of the | 385 |
Revised Code. | 386 |
(C) A registration is effective on receipt by the director, | 387 |
provided that the registration is complete and includes the fee | 388 |
required in division (B) of this section. If a recycler's | 389 |
registration does not satisfy the requirements of this section, | 390 |
the director shall notify the recycler of the deficiency. If the | 391 |
recycler fails to correct a deficiency within sixty days after | 392 |
notice of the deficiency is sent by the director, the director may | 393 |
deny or revoke the recycler's registration. | 394 |
(D) A recycler operating in this state shall do all of the | 395 |
following: | 396 |
(1) Comply with all applicable state and federal laws and | 397 |
rules adopted under them governing the storage, transportation, | 398 |
processing, and exportation of a covered electronic device; | 399 |
(2) Use procedures accepted by the computer industry for the | 400 |
destruction or sanitization of data on a hard drive or other | 401 |
memory storage device; | 402 |
(3) Advise a person who delivers a covered computer to the | 403 |
recycler that the person may destroy or sanitize the data on the | 404 |
computer's hard drive and other memory storage devices associated | 405 |
with the covered computer or that the person may pay the recycler | 406 |
a fee not to exceed five dollars per hard drive or other memory | 407 |
storage device for such destruction or sanitization; | 408 |
(4) Maintain for a minimum of three years records that do | 409 |
both of the following: | 410 |
(a) Identify the type and quantity of covered electronic | 411 |
devices received; | 412 |
(b) Identify the type, quantity, and destination of covered | 413 |
electronic devices that are transferred to a different location. | 414 |
(5) Make available for review records that are required under | 415 |
division (D)(4) of this section when requested by the director for | 416 |
purposes of determining the recycler's compliance with applicable | 417 |
state and federal laws and rules adopted under them. | 418 |
Sec. 3734.926. The electronic waste recycling fund is | 419 |
created in the state treasury. All fees collected under sections | 420 |
3734.92 to 3734.925 of the Revised Code shall be credited to the | 421 |
fund. Investment earnings of the fund shall be credited to the | 422 |
fund. Money in the fund shall be used by the director of | 423 |
environmental protection to administer and enforce sections | 424 |
3734.92 to 3734.927 of the Revised Code. | 425 |
Sec. 3734.927. (A) There is created the electronic waste | 426 |
advisory council consisting of the following members: | 427 |
(1) The director of environmental protection or the | 428 |
director's designee; | 429 |
(2) Four members appointed by the president of the senate as | 430 |
follows: | 431 |
(a) One member representing manufacturers of covered video | 432 |
display devices; | 433 |
(b) One member representing recyclers of covered computers or | 434 |
covered video display devices; | 435 |
(c) One member representing an association of computer | 436 |
manufacturers and video display device manufacturers; | 437 |
(d) One member who is a member of the senate. | 438 |
(3) Four members appointed by the speaker of the house of | 439 |
representatives as follows: | 440 |
(a) One member representing manufacturers of covered | 441 |
computers; | 442 |
(b) One member representing retailers of covered computers or | 443 |
covered video display devices; | 444 |
(c) One member representing a single county solid waste | 445 |
management district established under Chapter 3734. of the Revised | 446 |
Code; | 447 |
(d) One member who is a member of the house of | 448 |
representatives. | 449 |
(4) One member appointed by the governor who represents a | 450 |
statewide conservation organization. | 451 |
(B) Appointments to the council shall be made not later than | 452 |
thirty days after the effective date of this section. If a vacancy | 453 |
occurs on the council, the vacancy shall be filled in the same | 454 |
manner as the original appointment. A member of the council may be | 455 |
removed by the person who appointed the member for malfeasance, | 456 |
misfeasance, nonfeasance, or any other good cause. | 457 |
The council members who are members of the senate and of the | 458 |
house of representatives shall serve as co-chairpersons. The | 459 |
council shall elect from its members any other officers that it | 460 |
considers necessary or appropriate. A majority of the members of | 461 |
the council constitutes a quorum for any matter that is before the | 462 |
council. | 463 |
The co-chairpersons shall call the first meeting of the | 464 |
council. The council shall meet at least quarterly or more often | 465 |
at the call of the co-chairpersons or if requested by two or more | 466 |
members of the council. | 467 |
Members of the council shall serve without compensation. | 468 |
Serving as a member of the council does not constitute | 469 |
holding a public office or position of employment under the laws | 470 |
of this state and does not constitute grounds for removal of | 471 |
public officers or employees from their offices or positions of | 472 |
employment. | 473 |
(C) The council shall prepare a report that evaluates | 474 |
computer take-back programs and video display device take-back | 475 |
programs and make recommendations to improve the recycling of | 476 |
covered electronic devices. In addition, the report shall evaluate | 477 |
and make recommendations concerning all of the following: | 478 |
(1) Whether a manufacturer's market share should be used to | 479 |
determine the amount of video display devices that a manufacturer | 480 |
is required to recycle annually; | 481 |
(2) Whether a manufacturer that is implementing a take-back | 482 |
program and recycles electronic waste in an amount greater than an | 483 |
applicable amount that is provided for in sections 3734.92 to | 484 |
3734.924 of the Revised Code should be granted credits, and, if | 485 |
credits should be granted, a determination of the lifespan of a | 486 |
credit, a determination of the transferability of a credit, and a | 487 |
description of how a credit system will operate; | 488 |
(3) Whether the nonbinding annual recycling goal that is | 489 |
established in section 3734.924 of the Revised Code for | 490 |
manufacturers of covered video display devices should be changed | 491 |
and whether such a goal should be mandatory; | 492 |
(4) The items that should be included in a mandatory | 493 |
take-back program, and, if new items are recommended, the | 494 |
recycling rates or amounts for each of the new items; | 495 |
(5) Whether and how a manufacturer should be fined or | 496 |
sanctioned for a violation of sections 3734.92 to 3734.924 of the | 497 |
Revised Code; | 498 |
(6) Whether the funding for the administration of sections | 499 |
3734.92 to 3734.926 of the Revised Code is appropriate; | 500 |
(7) Whether a program should be established to recognize a | 501 |
manufacturer that implements a recycling program that recycles | 502 |
products in addition to covered electronic devices that are | 503 |
required to be recycled under sections 3734.92 to 3734.924 of the | 504 |
Revised Code or that recycles covered electronic devices in an | 505 |
amount greater than an amount that is established in those | 506 |
sections; | 507 |
(8) Whether a system should be developed to collect covered | 508 |
electronic devices that otherwise are not collected by a | 509 |
manufacturer; | 510 |
(9) Whether recycling data, such as the amount of covered | 511 |
electronic devices collected by collectors, the identification of | 512 |
the type and quantity of covered electronic devices received, and | 513 |
the type, quantity, and destination of covered electronic devices | 514 |
that are transferred to a different location, should be | 515 |
maintained; | 516 |
(10) Whether a grant program should be established to expand | 517 |
recycling and recovery programs for covered electronic devices and | 518 |
to provide consumer education for such recycling and recovery | 519 |
programs; | 520 |
(11) Whether a ban on the disposal of covered electronic | 521 |
devices in solid waste landfills in this state is appropriate. | 522 |
(D) Not later than April 1, 2013, the council shall submit | 523 |
the report to the governor, the president of the senate, and the | 524 |
speaker of the house of representatives. | 525 |
Section 2. That section 3734.927 of the Revised Code is | 526 |
hereby repealed, effective July 1, 2013. | 527 |