Bill Text: GA HB657 | 2011-2012 | Regular Session | Introduced

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Bill Title: Georgia Manufacturer Responsibility and Consumer Convenience Information Technology Equipment Collection and Recovery Act; enact

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-09 - House Second Readers [HB657 Detail]

Download: Georgia-2011-HB657-Introduced.html

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11 LC 25 5921ER

House Bill 657

By: Representative Holcomb of the 82nd

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, so as to enact the "Georgia Manufacturer Responsibility and Consumer Convenience Information Technology Equipment Collection and Recovery Act"; to provide for findings by the General Assembly; to provide definitions; to require a certain label on a television or computer device sold by a manufacturer; to provide that a computer manufacturer may not sell or offer to sell a covered computer device unless the manufacturer offers a certain recovery program; to describe requirements for such program; to provide that a television manufacturer shall not sell or offer to sell a covered television unless the manufacturer offers a certain recovery program; to describe requirements for such program; to provide that a television or computer manufacturer shall not be liable for damages arising from information stored on a covered device collected from a consumer under the manufacturer's recovery program; to provide that a retailer shall only sell a covered device that meets certain requirements; to provide after a date certain that a consumer may not dispose of a covered device in a certain manner; to provide that an owner or operator of a solid waste landfill shall not knowingly accept covered devices; to require the Department of Natural Resources to provide certain information about the disposal of covered devices; to provide the department may conduct audits and inspections of a television or computer manufacturer, retailer, or recoverer to determine compliance with this Act; to exempt financial and proprietary information submitted to the department pursuant to this Act from open records laws; to require the department include in its annual solid waste report information provided by manufacturers on recovery programs; to provide that covered devices shall be recovered in a manner that complies with all applicable federal, state, and local requirements and certain responsible recycling practices; to provide that the Board of Natural Resources shall promulgate certain rules and regulations; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to waste management, is amended by adding a new article to read as follows:

"ARTICLE 10

12-8-220.

This article shall be known and may be cited as the 'Georgia Manufacturer Responsibility and Consumer Convenience Information Technology Equipment Collection and Recovery Act'.

12-8-221.

The General Assembly finds:

(1) Televisions, computers, and printers are critical to the development of this state's economy and the promotion of the quality of life of the citizens of this state;

(2) Many of these televisions, computers, and printers can be refurbished and reused or recycled;

(3) Developing and implementing a system for recovering televisions, computers, and printers promotes resource conservation, public health, public safety, and economic prosperity; and

(4) In order to carry out these purposes, the state must establish a comprehensive and convenient recovery program for televisions and computer devices based on individual manufacturer responsibility and shared responsibility among consumers, retailers, and government. The program must ensure that end-of-life televisions and computer devices are disposed of in a manner that promotes resource conservation through the development of an effective and efficient system for collection and recycling and encourage manufacturers to offer convenient collection and recycling service to consumers at no charge.

12-8-222.

As used in this chapter:

(1) 'Collect' or 'collection' means to facilitate the delivery of a covered device to a collection site included in the manufacturer's program and to transport the covered device for recovery.

(2) 'Computer manufacturer' means a person who:

(A) Manufactures a covered computer device under its own brand for sale or without affixing a brand;

(B) Sells in this state a covered computer device produced by another supplier under its own brand or label;

(C) Imports covered computer devices; if a company from which an importer purchases a covered device has a presence or assets in the United States, that company shall be considered the manufacturer; or

(D) Manufactures a covered computer device, supplies a covered device to a person within a distribution network that includes wholesalers or retailers in this state, and benefits from the sale of a covered device through that distribution network.

(3) 'Consumer' means an occupant of a single detached dwelling unit or a single unit of a multiple dwelling unit who has used a covered device primarily for personal or home business use.

(4) 'Covered computer device' means a desktop or notebook computer, computer monitor, or printing device marketed and intended for use by a consumer, but does not include a covered television.

(5) 'Covered devices' means a covered computer device and a covered television marketed and intended for use by a consumer. 'Covered device,' 'covered computer device,' and 'covered television' do not include any of the following:

(A) A covered 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;

(B) A covered device that is functionally or physically a part of, or connected to, or integrated within equipment or a system designed and intended for use in an industrial, governmental, commercial, research and development, or medical setting, including, but not limited to, diagnostic, monitoring, control or medical products as defined under the federal Food, Drug, and Cosmetic Act, or equipment used for security, sensing, monitoring, antiterrorism, or emergency services purposes or equipment designed and intended primarily for use by professional users;

(C) A covered 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, water heater, or exercise equipment; or

(D) Telephones of any type, including mobile telephones, personal digital assistants, global positioning systems, or hand-held gaming devices.

(6) 'Covered television' means any electronic device that contains a tuner that locks on to a selected carrier frequency and is capable of receiving and displaying television or video programming via broadcast, cable, or satellite, including, without limitation, any direct view or projection television with a viewable screen of nine inches or larger whose display technology is based on cathode ray tube, plasma, liquid crystal display, digital light processing, liquid crystal on silicon, silicon crystal reflective display, light emitting diode, or similar technology marketed and intended for use by a consumer primarily for personal purposes. The term does not include a covered computer device.

(7) 'Manufacturer's brands' means a manufacturer's name, brand name either owned or licensed by the manufacturer, or brand logo for which the manufacturer has legal responsibility.

(8) 'Person' means an individual, business entity, partnership, limited liability company, corporation, not for profit corporation, association, government entity, public benefit corporation, or public authority.

(9) 'Recover' means to reuse or recycle.

(10) 'Recoverer' means a person that reuses or recycles a covered device.

(11) 'Retail sale' means the sale of a new product through a sales outlet, the Internet, mail order, or otherwise, whether or not the seller has a physical presence in this state. A retail sale includes the sale of new products.

(12) 'Retailer' means a person engaged in retail sales.

(13) 'Sale' or 'sell' means any transfer of title for consideration including, but not limited to, transactions conducted through sales outlets, catalogs, or the Internet or any other similar electronic means, but does not mean leases.

(14) 'Television manufacturer' means a person who:

(A) Manufactures covered televisions under a brand that it licenses or owns for sale in this state;

(B) Manufactures covered televisions without affixing a brand for sale in this state;

(C) Resells into this state a covered television under a brand it owns or licenses produced by other suppliers, including retail establishments that sell covered televisions under a brand the retailer owns or licenses;

(D) Imports covered televisions; if a company from which an importer purchases a covered device has a presence or assets in the United States, that company shall be considered the manufacturer;

(E) Manufactures covered televisions, supplies them to any person or persons within a distribution network that includes wholesalers or retailers in this state, and benefits from the sale in this state of those covered televisions through the distribution network; or

(F) Assumes the responsibilities and obligations of a television manufacturer under this article. In the event the television manufacturer is one who manufactures, sells, or resells under a brand it licenses, the licensor or brand owner of the brand shall not be included in the definition of television manufacturer under subparagraph (A) or (C) of this paragraph.

12-8-223.

A computer or television manufacturer may not sell or offer to sell a covered device unless a label indicating the computer or television manufacturer's brand is permanently affixed to the covered device in a readily visible location.

12-8-224.

(a) A computer manufacturer shall not sell or offer to sell in this state a covered computer device unless the computer manufacturer provides a recovery program at no charge or provides a financial incentive of equal or greater value, such as a coupon. A recovery program shall:

(1) Require a computer manufacturer to offer to collect from a consumer a covered computer device bearing a label as provided in Code Section 12-8-223; and

(2) Make the collection service as convenient to a consumer as the purchase of a covered computer device from a computer manufacturer as follows:

(A) A computer manufacturer may utilize a mail-back system in which a consumer can return an end-of-life covered device by mail, including a system in which a consumer can go online, print a prepaid shipping label, package the product, and affix the prepaid label to the package for deposit with the United States Postal Service or other carrier selected by the computer manufacturer; or

(B) If the computer manufacturer does not provide a mail-back system, the computer manufacturer shall provide collection sites or collection events, or both, that are centrally located in a county, region, or other locations based on population. Computer manufacturers shall work in coordination with the department to determine an appropriate number of collection sites or collection events, or both.

(b) A recovery program may use existing collection and consolidation infrastructure for collecting covered devices, including retailers, recyclers, and reuse organizations.

(c) Computer manufacturers may work collectively and cooperatively to offer collection services to consumers.

(d) A recovery program shall be described on a computer manufacturer's Internet website if a manufacturer maintains an Internet website.

(e) Collection events under this Code section must accept any covered computer device.

12-8-225.

(a) No television manufacturer shall sell or offer for sale a covered television in this state unless the television manufacturer provides a recovery program at no charge or provides a financial incentive of equal or greater value, such as a coupon.

(b)(1) Beginning January 1, 2013, through June 30, 2014, a television manufacturer annually must recycle or arrange for the recycling of covered televisions.

(2) Beginning program year 2014, a television manufacturer annually must recycle or arrange for the recycling of its market share of covered televisions pursuant to this article. As used in this Code section, the term 'market share' means the total weight of the manufacturer's televisions that were sold at retail in the United States to individuals during the previous program year, multiplied by the population fraction of Georgia to the United States population, divided by the total weight of all of the televisions that were sold at retail to individuals in Georgia during the previous program year. The individual recycling obligation for each television manufacturer is the total pounds of televisions recycled by all television manufacturers during the previous program year multiplied by the manufacturer's market share as calculated above. The population fraction is determined by using the most recent United States census data for the total population of Georgia divided by the total population of the United States.

(3) The department shall notify each television manufacturer of its market share recycling obligation. A television manufacturer shall provide the department information necessary for the department to calculate market share and to determine each television manufacturer's recycling obligation.

(4) A television manufacturer shall report to the department the total weight of the manufacturer's televisions sold at retail in the United States, state specific television sales data annually calculated using the population fraction of Georgia to the United States population, and the total weight of televisions collected and recycled in this state during the previous program year.

(5) The program year for a recovery program under this Code section is the state's fiscal year.

(c) A television manufacturer may fulfill the requirements of this Code section either individually or in participation with other television manufacturers. A recovery program may use existing collection and consolidation infrastructure for collecting covered televisions, including retailers, recyclers, and reuse organizations.

(d) A television manufacturer shall provide the department with contact information for the manufacturer's designated agent or employee whom the department may contact for information related to the manufacturer's compliance with the requirements of this Code section.

12-8-226.

A computer or television manufacturer shall not be liable for damages arising from information stored on a covered device collected from a consumer under the manufacturer's recovery programs of this article.

12-8-227.

(a) A retailer shall only sell or offer to sell a covered device that:

(1) Bears a manufacturer label as provided in Code Section 12-8-223; and

(2) Is manufactured by a manufacturer that offers a recovery program as provided in Code Sections 12-8-224 and 12-8-225.

(b) The requirements of this Code section shall not apply to a television sold by a retailer for less than $100.00.

12-8-228.

A retailer shall not be liable for damages arising from information stored on any covered device collected from a consumer under the manufacturer's recovery program.

12-8-229.

(a) After July 1, 2013, a consumer shall not knowingly place or discard a covered device or any of the components or subassemblies of a covered device in any waste stream that is to be disposed of in a solid waste landfill.

(b) An owner or operator of a solid waste landfill shall not, at the gate, knowingly accept for disposal loads containing more than an incidental amount of covered devices.

(c) The owner or operator of a solid waste landfill shall post, in a conspicuous location at the landfill, a sign stating that covered devices or any components of covered devices are not accepted for disposal at the landfill.

(d) The owner or operator of a solid waste landfill shall notify, in writing, all haulers delivering solid waste to the landfill that covered devices or any components of covered devices are not accepted for disposal at the landfill.

12-8-230.

The department shall provide information to the public on its Internet website regarding the provisions of this article and the prohibition on disposing covered devices in a solid waste landfill. The department also shall provide information about recovery programs available in this state on the department's Internet website. The website shall include information about collection options available, the definition of covered devices, the proper methods for disposing of covered devices, the proper methods for disposing noncovered devices, and links to relevant portions of computer or television manufacturers' Internet websites.

12-8-231.

The department may conduct audits and inspections of a computer or television manufacturer, retailer, or recoverer to determine compliance with this atricle's provisions and may establish by regulation administrative fines for violations of this article.

12-8-232.

Financial and proprietary information submitted to the department pursuant to this article shall be exempt from public disclosure.

12-8-233.

The department shall annually report information provided by manufacturers on recovery programs offered pursuant to this article.

12-8-234.

(a) Covered devices shall be recovered in a manner that complies with all applicable federal, state, and local requirements.

(b) Recoverers shall at a minimum comply with the responsible recycling practices developed by the Institute of Scrap Recycling Industries as of January 1, 2013, or other comparable industry or governmental standards adopted by rule or regulation of the Board of Natural Resources.

12-8-235.

The Board of Natural Resources shall promulgate rules and regulations needed to implement this article's provisions including, but not limited to, reporting requirements, manufacturers' plans, manufacturers' annual reports, and standards for operations of recovery facilities. The board may propose by rule or regulation an initial registration fee or annual fee, or both, on computer or television manufacturers in such amounts as are reasonable and necessary to offset the costs of implementing the provisions of this article. Any fee proposed by the board shall be graduated based on the computer manufacturer's volume of sales in this state. Any registration fee or annual fee for television manufacturers shall be based on market share as defined in Code Section 12-8-225. A manufacturer that sells one thousand or fewer covered devices per year shall be exempt from any fee.

12-8-236

A retailer shall be allowed until July 1, 2013, to sell any inventory purchased prior to January 1, 2013, before having to comply with the applicable provisions of this article."

SECTION 2.

This Act shall become effective on January 1, 2013.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.