Bill Text: MI SB0922 | 2015-2016 | 98th Legislature | Introduced

---

Bill Title: Environmental protection; recycling; electronic waste; revise manufacturer, recycler, and collector program and reporting requirements. Amends secs. 17301, 17303, 17311, 17313, 17315, 17317, 17319, 17327, 17329 & 17333 of 1994 PA 451 (MCL 324.17301 et seq.) & adds secs. 17302, 17304, 17319a, 17320, 17320a, 17326 & 17335.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-04-28 - Referred To Committee On Natural Resources [SB0922 Detail]

Download: Michigan-2015-SB0922-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 922

 

 

April 28, 2016, Introduced by Senator EMMONS and referred to the Committee on Natural Resources.

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 17301, 17303, 17311, 17313, 17315, 17317,

 

17319, 17327, 17329, and 17333 (MCL 324.17301, 324.17303,

 

324.17311, 324.17313, 324.17315, 324.17317, 324.17319, 324.17327,

 

324.17329, and 324.17333), sections 17301, 17311, 17313, and 17327

 

as added by 2008 PA 394, sections 17303 and 17317 as amended by

 

2015 PA 82, sections 17315 and 17333 as added by 2008 PA 392,

 

section 17319 as added by 2008 PA 395, and section 17329 as added

 

by 2008 PA 393, and by adding sections 17302, 17304, 17319a, 17320,

 

17320a, 17326, and 17335.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 17301. (1) As used in this part:

 

     (a) "Bond" means a financial instrument executed on a form

 

approved by the department, including a surety bond, a certificate

of deposit, a cash bond, an irrevocable letter of credit, or a

 

trust fund, or any combination of these instruments, in favor of

 

the department.

 

     (b) (a) "Collector" means a person who receives covered

 

"Collect" means to receive covered electronic devices from

 

consumers and arranges arrange for the delivery of the covered

 

electronic devices CEDs to a recycler. "Collection" and "collector"

 

have equivalent meanings. The following are not collectors:

 

     (i) A person who owns or leases property where another person

 

engages in collection and who does not manage the collection.

 

     (ii) A facilities-based wireless telecommunications service

 

provider described in subdivision (m)(ii).

 

     (c) (b) "Computer" means a desktop personal computer, tablet,

 

or laptop computer. , a computer monitor, or beginning April 1,

 

2011, a printer. Computer does not include any of the following:

 

     (i) A personal digital assistant device or mobile telephone.

 

     (ii) A computer peripheral device, including a mouse or other

 

similar pointing device, or a detachable or wireless keyboard.

 

     (c) "Computer takeback program" means a program required under

 

section 17305(c).

 

     (d) "Computer monitor" means an electronic device that is a

 

cathode ray tube or flat panel display primarily intended to

 

display information from a computer or the Internet.

 

     (e) (d) "Consumer" means a person in this state who used or

 

will use a covered electronic device primarily for personal or

 

small business consumer purposes. in this state.

 

     (f) "Consumer purposes" means personal or small business

 

purposes.

 

     (g) (e) "Covered computer" means a computer electronic device"

 

or "CED", subject to subdivision (h), means any of the following

 

that was or will be used primarily for personal or small business

 

consumer purposes in this state: .

 

     (i) A computer.

 

     (ii) A computer monitor.

 

     (iii) A printer.

 

     (iv) A television.

 

     (h) Covered computer electronic device or CED does not include

 

a device that is functionally or physically a part of, or connected

 

to, or integrated within a larger piece of equipment or system

 

designed and intended for use in an industrial, governmental,

 

commercial, research and development, or medical setting,

 

including, but not limited to, diagnostic, monitoring, or control

 

products, medical products approved under the federal food, drug,

 

and cosmetic act, 21 USC 301 to 399, equipment used for security,

 

sensing, monitoring, antiterrorism, or emergency services purposes,

 

or equipment designed and intended primarily for use by

 

professional users.

 

     (f) "Covered electronic device" means a covered computer or

 

covered video display device.

 

     (g) "Covered video display device" means a video display

 

device that was or will be used primarily for personal or small

 

business purposes in this state. Covered video display device does

 

not include a device that is functionally or physically a part of,

 

or connected to, or integrated within a larger piece of equipment

 

or system designed and intended for transportation or use in an

 

industrial, governmental, commercial, research and development, or

 

medical setting, including, but not limited to, diagnostic,

 

monitoring, or control products, medical products approved under

 

the federal food, drug, and cosmetic act, 21 USC 301 to 399,

 

equipment used for security, sensing, monitoring, antiterrorism, or

 

emergency services purposes, or equipment designed and intended

 

primarily for use by professional users.

 

     (i) (h) "Department" means the department of environmental

 

quality.

 

     (i) "Electronic device takeback program" or "takeback program"

 

means a computer takeback program or a video display device

 

takeback program.

 

     (j) "Fiscal year" means the state fiscal year, the period from

 

October 1 to the following September 30.

 

     (k) "Fund" means the electronic waste recycling fund created

 

in section 17327.

 

     (l) (j) "Manufacturer", subject to subdivision (k), (m), means

 

any of the following:

 

     (i) The person who owns the brand with which a covered

 

computer is labeled.

 

     (i) (ii) The person who that owns or is licensed to use the

 

brand with which a covered video display electronic device is

 

labeled, if the person sold to consumers, whether directly or

 

through retailers, more than 50 new covered electronic devices in

 

the preceding fiscal year.

 

     (ii) (iii) If neither the brand owner nor licensee does not do

 

business in the United States, the person on whose account a

 

covered electronic device CED was imported into the United States,

 

if the person sold to consumers, whether directly or through

 

retailers, more than 50 new covered electronic devices in the

 

preceding fiscal year.

 

     (iii) (iv) A person who that contractually assumes the

 

responsibilities and obligations under this part of a person

 

described under subparagraph (i) , (ii), or (iii).or (ii).

 

     (m) (k) Manufacturer does not include a person unless the

 

person manufactured, sold, or imported more than 50 covered

 

computers in 2000 or any subsequent calendar year or more than 50

 

covered video display devices in the previous calendar year.any of

 

the following:

 

     (i) A wireless service provider or a telecommunications

 

carrier with whose brand a CED is labeled, if there is another

 

person that qualifies as a manufacturer of the CED under

 

subdivision (l).

 

     (ii) A facilities-based wireless telecommunications service

 

provider if the provider or the provider's designee does both of

 

the following:

 

     (A) Accepts from consumers all covered electronic devices that

 

are labeled with a brand which the wireless service provider owns

 

or is licensed to use and that have reached the end of their useful

 

life for the consumer.

 

     (B) Arranges for the recycling of the covered electronic

 

devices accepted under sub-subparagraph (A) by a recycler

 

registered under section 17317.

 

     (n) "Metropolitan statistical area" means a metropolitan

 

statistical area as defined by the federal Office of Management and

 

Budget.

 

     (o) (l) "Printer" means a printer or a multifunction or "all-

 

in-one" device that in addition to printing performs 1 or more

 

other operations such as copying, scanning, or faxing, that is

 

designed to be placed on a desk or other work surface, and that may

 

use any of various print technologies, such as laser and LED

 

(electrographic), ink jet, dot matrix, thermal, or digital

 

sublimation. Printer does not include a floor-standing printer, a

 

printer with an optional floor stand, a point of sale (POS) receipt

 

printer, a household printer such as a calculator with printing

 

capabilities or a label maker, or a non-stand-alone printer that is

 

embedded into a product other than a covered computer.any of the

 

following:

 

     (i) A desktop printer, including an inkjet or laser printer

 

designed to be placed on a work surface.

 

     (ii) A device that prints, that has other functions, such as

 

copying, scanning, or sending facsimiles, and that is designed to

 

be placed on a work surface.

 

     (p) (m) "Recycler" means a person who engaged in recycling as

 

a principal component of business operations. acquires covered

 

electronic devices and sorts and processes the covered electronic

 

devices to facilitate recycling or resource recovery techniques.

 

Recycler does not include a collector, hauler, retailer, or

 

electronics repair shop.

 

     (q) "Recycling" means and "recycle" refers to changing the

 

physical characteristics of a covered electronic device by

 

dismantling, treatment, or other methods that make the CED or its

 

components a usable resource. Recycling does not include any of the

 

following:

 

     (i) The removal of a hard drive for data security reasons.

 

     (ii) Destruction by incineration or other methods or land

 

disposal of recyclable materials.

 

     (iii) Reuse, repair, or any other activity through which CEDs

 

are returned to use in their original form.

 

     (r) (n) "Retailer" means a person that sells a covered

 

electronic device to a consumer by any means, including

 

transactions conducted through sales outlets, catalogs, mail order,

 

or the internet, Internet or other means of electronic commerce,

 

whether or not the person has a physical presence in this state.

 

     (s) (o) "Small business" means a business with 10 or fewer

 

employees.

 

     (t) "Stewardship plan" means a stewardship plan under section

 

17303.

 

     (u) "Tablet" means a general-purpose computer that is

 

contained in a touchscreen panel, that contains an internal central

 

processing unit, and that performs computing functions including

 

file storage, file manipulation, web browsing, and Internet access.

 

     (v) "Takeback program" means a manufacturer's covered

 

electronic device takeback program as required under section

 

17302(c).

 

     (w) (p) "Video display device" "Television" means an

 

electronic device with a viewable screen of 4 inches or larger 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. Video display

 

device Television includes, but is not limited to, a direct view or

 

projection television whose display technology is based on cathode

 

ray tube (CRT), plasma, liquid crystal (LCD), digital light

 

processing (DLP), liquid crystal on silicon (LCOS), silicon crystal

 

reflective display (SXRD), light emitting diode (LED), or similar

 

technology.

 

     (q) "Video display device takeback program" means a program

 

required under section 17305(d).

 

     (2) For the purposes of this part, a manufacturer may estimate

 

the number of new covered electronic devices sold to consumers by

 

multiplying national figures for the manufacturer by the percentage

 

of the national population residing in this state.

 

     Sec. 17302. A manufacturer shall not sell to any consumer a

 

new covered electronic device, whether directly or through a

 

retailer, and whether by use of a catalog, mail order, the

 

Internet, or any other means, unless all of the following

 

requirements are met:

 

     (a) The CED is labeled with a brand.

 

     (b) The manufacturer is registered under section 17303.

 

     (c) To conserve resources and prevent pollution, the

 

manufacturer has a CED takeback program as described in section

 

17311.

 

     Sec. 17303. (1) By 30 days after the end of each state fiscal

 

year, a manufacturer that sells or offers for sale to any person in

 

this state a new covered electronic device For the purposes of

 

section 17302(b), within the first 30 days of the fiscal year in

 

which a covered electronic device is to be sold to a consumer, the

 

manufacturer shall register with the department on a form provided

 

by the department. The registration expires 30 days after the end

 

of the following state fiscal year. A manufacturer who has not

 

already filed a registration under this part shall submit a

 

registration within 10 business days after the manufacturer begins

 

to sell or offer for sale new covered electronic devices in this

 

state.new CEDs to consumers, whether directly or through retailers.

 

     (2) A registration under subsection (1) shall include all of

 

the following for the fiscal year for which the registration is

 

filed:

 

     (a) The manufacturer's name, address, and telephone number.

 

     (b) Each brand name under which the manufacturer sells or

 

offers for sale covered electronic devices in this state.new CEDs

 

to consumers, whether directly or through retailers.

 

     (c) Information about the manufacturer's electronic device

 

takeback program, including A stewardship plan that covers all of

 

the following:

 

     (i) Information to be provided to consumers on how and where

 

to return covered electronic devices labeled with the

 

manufacturer's name or brand label.CEDs for recycling.

 

     (ii) The means by which information described in subparagraph

 

(i) is to be disseminated to consumers, including the relevant

 

website address if the internet Internet is used, and arrangements

 

with retailers to provide to consumers educational materials on

 

recycling opportunities at the time of sale.

 

     (iii) Beginning with the first registration submitted after

 

the implementation of the takeback program, a report on the

 

implementation of the takeback program during the prior state

 

fiscal year, including all of the following:

 

     (A) The total weight of the covered electronic devices

 

received by the takeback program from consumers during the prior

 

state fiscal year.

 

     (iii) Other recycling public education and promotional

 

initiatives to be undertaken by the manufacturer.

 

     (iv) (B) The processes and methods to be used to recycle or

 

reuse the covered electronic devices CEDs received from consumers.

 

     (v) (C) The Collection locations and the identity of any

 

collector or recycler with whom the manufacturer contracts for the

 

collection or recycling of covered electronic devices CEDs received

 

from consumers, . The identity of a recycler shall include the

 

addresses of that including contact information for the collector's

 

or recycler's recycling facilities in this state, if any. The

 

identity of a collector or recycler Information reported under this

 

subparagraph is exempt from disclosure under the freedom of

 

information act, 1976 PA 442, MCL 15.231 to 15.246, and shall not

 

be disclosed by the department unless required by court order.

 

     (vi) How the manufacturer's takeback program will serve

 

consumers outside of metropolitan statistical areas.

 

     (3) If any information included in a registration pursuant to

 

subsection (2)(a), (b), or (c)(v), other than contact information

 

for a collector's or recycler's facilities in this state, is or

 

becomes inaccurate, within 60 days after obtaining knowledge of the

 

inaccuracy, the manufacturer shall submit updated information to

 

the department in writing.

 

     (4) (3) A registration is effective upon receipt by the

 

department if the registration is administratively complete and

 

accompanied by any fee required under this section.

 

     (5) (4) If a manufacturer's registration does not meet the

 

requirements of this section and any rules promulgated under this

 

part, to implement this section, the department shall notify the

 

manufacturer of the deficiency. If the manufacturer fails to

 

correct the deficiency within 60 days after notice is sent by the

 

department, the department may deny or revoke the manufacturer's

 

registration, after providing an opportunity for a contested case

 

hearing under the administrative procedures act of 1969, 1969 PA

 

306, MCL 24.201 to 24.328.

 

     (5) A registration is valid until October 30 of each year. A

 

manufacturer of covered electronic devices shall update its

 

registration within 10 business days after a change in the brands

 

of covered electronic devices from that manufacturer sold or

 

offered for sale in this state.

 

     (6) Until October 1, 2019, a manufacturer's registration shall

 

be accompanied by an annual fee of $3,000.00. However, if the

 

amount of money in the fund on December 31 of any year is greater

 

than $600,000.00, the department shall not collect manufacturers'

 

registration fees for the following state fiscal year.

 

     (6) Subject to subsection (7), until October 1, 2021, a

 

manufacturer's registration shall be accompanied by a registration

 

fee as follows:

 

     (a) For a manufacturer of more than 250 CEDs, regardless of

 

brand, sold in this state during the prior fiscal year, the lowest

 

of the following amounts:

 

     (i) $5,000.00.

 

     (ii) If the total weight of CEDs recycled by the

 

manufacturer's takeback program during the prior fiscal year was

 

80% or more of the total weight of the manufacturer's CEDs sold in

 

this state in the fiscal year preceding that prior fiscal year,

 

$4,000.00.

 

     (iii) If the total weight of CEDs recycled by the

 

manufacturer's takeback program during the prior fiscal year was

 

100% or more of the total weight of the manufacturer's CEDs sold in

 

this state in the fiscal year preceding that prior fiscal year,

 

$3,000.00.

 

     (b) For a manufacturer of not more than 250 CEDs, regardless

 

of brand, sold in this state during the prior fiscal year, the

 

lowest of the following amounts:

 

     (i) $1,500.00.

 

     (ii) If the total weight of CEDs recycled by the

 

manufacturer's takeback program during the prior fiscal year was

 

80% or more of the total weight of the manufacturer's CEDs sold in

 

this state in the fiscal year preceding that prior fiscal year,

 

$1,250.00.

 

     (iii) If the total weight of CEDs recycled by the

 

manufacturer's takeback program during the prior fiscal year was

 

100% or more of the total weight of the manufacturer's CEDs sold in

 

this state in the fiscal year preceding that prior fiscal year,

 

$1,000.00.

 

     (7) The weight of CEDs received from consumers outside of a

 

metropolitan statistical area shall be multiplied by 1.5 when

 

determining the total weight of CEDs recycled for purposes of

 

subsection (6).

 

     (8) A registration received by the department 90 or more days

 

late shall, in addition to the registration fee, be accompanied by

 

a late fee equal to 50% of the registration fee.

 

     (9) (7) Revenue from manufacturers' registration and late fees

 

collected paid under this section shall be deposited in the

 

electronic waste recycling fund created in section 17327.fund.

 

     (10) (8) The department shall maintain on its website a list

 

of registered manufacturers, of computers and a list of registered

 

manufacturers of video display devices and the website addresses

 

address at which they provide each manufacturer provides

 

information on recycling covered electronic devices, and each

 

manufacturer's brands of CEDs. If requested in writing by a

 

facilities-based wireless telecommunications service provider that

 

is exempt from the definition of manufacturer under section

 

17301(1)(m)(ii), the department shall include on the list a CED

 

labeled with a brand the wireless service provider owns or is

 

licensed to use.

 

     (9) Not later than October 1, 2011 and every 2 years after

 

that date, the department shall submit a report to the secretary of

 

the senate and to the clerk of the house of representatives that

 

assesses the adequacy of the fees under this section and any

 

departmental recommendation to modify those fees.

 

     Sec. 17304. (1) A manufacturer required to register under

 

section 17303 for any fiscal year shall, by December 1 of the

 

following fiscal year, submit to the department on a form provided

 

by the department a report that includes all of the following:

 

     (a) The manufacturer's name, address, and telephone number.

 

     (b) A stewardship report that covers all of the following for

 

the fiscal year for which registration was required:

 

     (i) Information provided to consumers and retailers on how and

 

where to return CEDs.

 

     (ii) The means by which information described in subparagraph

 

(i) was disseminated to consumers, including the relevant website

 

address if the Internet was used, and arrangements with retailers

 

to provide to consumers educational materials on recycling

 

opportunities at the time of sale.

 

     (iii) Other recycling public education and promotional

 

initiatives undertaken by the manufacturer.

 

     (iv) The number, total weight, and types of the manufacturer's

 

CEDs sold in the United States. Data under this subparagraph are

 

exempt from disclosure under the freedom of information act, 1976

 

PA 442, MCL 15.231 to 15.246, and shall not be disclosed by the

 

department unless required by court order.

 

     (v) The weight of CEDs received by the takeback program from

 

consumers within metropolitan statistical areas, the weight of CEDs

 

received by the takeback program from consumers outside of

 

metropolitan statistical areas, and the total weight of CEDs

 

received by the takeback program.

 

     (vi) How the manufacturer's takeback program served consumers

 

outside of metropolitan statistical areas.

 

     (vii) The processes and methods used to recycle or reuse the

 

CEDs received from consumers.

 

     (viii) Collection locations and the identity of any collector

 

or recycler with whom the manufacturer contracted for the

 

collection or recycling of CEDs received from consumers, including

 

contact information for the collector's or recycler's facilities in

 

this state, if any. Information reported under this subparagraph is

 

exempt from disclosure under the freedom of information act, 1976

 

PA 442, MCL 15.231 to 15.246, and shall not be disclosed by the

 

department unless required by court order.

 

     (2) If any information included in a report under subsection

 

(1) is inaccurate, within 60 days after obtaining knowledge of the

 

inaccuracy, the manufacturer shall submit updated information to

 

the department in writing.

 

     (3) If a manufacturer's report does not meet the requirements

 

of this section and any rules promulgated to implement this

 

section, the department shall notify the manufacturer of the

 

deficiency. If the manufacturer fails to correct the deficiency

 

within 60 days after notice is sent by the department, the

 

department may deny or revoke the manufacturer's registration,

 

after providing an opportunity for a contested case hearing under

 

the administrative procedures act of 1969, 1969 PA 306, MCL 24.201

 

to 24.328.

 

     Sec. 17311. (1) Beginning April 1, 2010, each manufacturer of

 

covered video display devices shall implement a video display A

 

covered electronic device takeback program that meets required

 

under section 17302(c) shall meet all of the following criteria:

 

     (a) A Subject to subsection (2), a manufacturer of a CED or

 

the manufacturer's designee accepts from a consumer any covered

 

video display device CED that has reached the end of its useful

 

life for the consumer, regardless of the type or brand of covered

 

video display device.CED. However, if a manufacturer's CEDs do not

 

include televisions, the manufacturer's takeback program is not

 

required to accept televisions. If a manufacturer's CEDs are

 

limited to televisions, the manufacturer's takeback program may be

 

limited to televisions.

 

     (b) A consumer is not required to pay a separate fee when the

 

consumer returns a covered video display device through the

 

takeback program of any manufacturer of any covered video display

 

device.

 

     (c) The requirements of section 17309(1)(c), as applied to

 

covered video display devices.

 

     (b) The collection of CEDs is convenient and available to and

 

otherwise designed to meet the needs of consumers. A takeback

 

program that allows a consumer to return a CED by 1 or more of the

 

following means, for example, meets the requirements of this

 

subdivision:

 

     (i) For a CED weighing less than 70 pounds, mail or common

 

carrier shipper, if the takeback program also allows the consumer

 

to return the CED by 1 or more of the means listed in subparagraphs

 

(ii) to (iv).

 

     (ii) Deposit at a local physical collection site that is open

 

on a regular basis.

 

     (iii) Deposit during periodic local collection events.

 

     (iv) Deposit with a retailer.

 

     (c) (d) The manufacturer of a CED provides a consumer

 

information on how and where to return a covered video display

 

device, CED, including, but not limited to, collection, recycling,

 

and reuse information on the manufacturer's publicly available

 

website. The manufacturer may also include collection, recycling,

 

and reuse information in the packaging for or in other materials

 

that accompany the manufacturer's covered video display devices

 

CEDs, when the covered video display devices CEDs are sold or

 

provide that information via a toll-free telephone number.

 

     (d) (e) The manufacturer recycles or arranges for the

 

recycling of any covered video display electronic device collected

 

under subdivision (a). As a nonbinding target, goal, each

 

manufacturer required to conduct a video display device takeback

 

program should annually recycle through its takeback program CEDs

 

whose total weight is at least 60% of the total weight of covered

 

video display devices sold by the manufacturer the manufacturer's

 

CEDs sold in this state during the prior state fiscal year. The

 

weight of CEDs received from consumers outside of metropolitan

 

statistical areas shall be multiplied by 1.5 when credited toward

 

this nonbinding goal. Sales data under this subdivision are exempt

 

from disclosure under the freedom of information act, 1976 PA 442,

 

MCL 15.231 to 15.246, and shall not be disclosed by the department

 

unless required by court order.

 

     (2) A manufacturer's video display device takeback program is

 

not required to accept more than 7 covered video display devices

 

from a single consumer on a single day.A takeback program may limit

 

the number of covered electronic devices by product type accepted

 

per customer per day or per delivery at a collection site or

 

service as specified in the stewardship plan.

 

     (3) A manufacturer may conduct a video display device takeback

 

program alone or in conjunction with other manufacturers. A

 

manufacturer may arrange for the collection and recycling of

 

covered video display devices CEDs by another person to fulfill the

 

manufacturer's obligations under this section.

 

     Sec. 17313. (1) The electronic waste advisory council is

 

created within the legislative branch of state government. The

 

council shall consist of the following members:

 

     (a) Four individuals appointed by the senate majority leader

 

as follows:

 

     (i) One individual representing covered video display device

 

manufacturers.

 

     (ii) One individual representing recyclers of covered

 

computers or covered video display devices.

 

     (iii) One individual representing a trade association of

 

computer manufacturers and video display device manufacturers.

 

     (iv) One individual who is a member of the senate.

 

     (b) Four individuals appointed by the speaker of the house of

 

representatives as follows:

 

     (i) One individual representing covered computer

 

manufacturers.

 

     (ii) One individual representing retailers of covered

 

computers or covered video display devices.

 

     (iii) One individual representing an agency responsible for a

 

countywide recycling program.

 

     (iv) One individual who is a member of the house of

 

representatives.

 

     (c) Two individuals appointed by the governor as follows:

 

     (i) One individual representing a statewide conservation

 

organization.

 

     (ii) One individual representing the department.

 

     (2) The appointments to the council under subsection (1) shall

 

be made not later than 30 days after the effective date of the

 

amendatory act that added this section.

 

     (3) A member of the council shall serve for the life of the

 

council. If a vacancy occurs on the council, the vacancy shall be

 

filled for the unexpired term in the same manner as the original

 

appointment. The appointing official may remove a member of the

 

council for incompetence, dereliction of duty, malfeasance,

 

misfeasance, or nonfeasance in office, or any other good cause.

 

     (4) The council member who is a member of the senate and the

 

council member who is a member of the house of representatives

 

shall serve as co-chairs of the council. The first meeting of the

 

council shall be called by the co-chairs. At the first meeting, the

 

council shall elect from among its members any other officers that

 

it considers necessary or appropriate. After the first meeting, the

 

council shall meet at least quarterly, or more frequently at the

 

call of a co-chair or if requested by 2 or more members.

 

     (5) A majority of the members of the council constitute a

 

quorum for the transaction of business at a meeting of the council.

 

A majority of the members present and serving are required for

 

official action of the council.

 

     (6) The business that the council may perform shall be

 

conducted at a public meeting of the council held in compliance

 

with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. A

 

writing prepared, owned, used, in the possession of, or retained by

 

the council in the performance of an official function is subject

 

to the freedom of information act, 1976 PA 442, MCL 15.231 to

 

15.246.

 

     (7) Members of the council shall serve without compensation.

 

However, the member of the council representing the department

 

shall serve without additional compensation.

 

     (8) By April 1, 2012, the council shall submit a report to the

 

governor, the department, and the standing committees of the

 

legislature with jurisdiction over issues primarily pertaining to

 

natural resources and the environment. The report shall evaluate

 

the program under this part and make recommendations to improve the

 

recycling of covered electronic devices. The report shall evaluate

 

all of the following in light of the policies and objectives set

 

forth in section 11514:

 

     (a) Whether a manufacturer's market share should be used to

 

determine the amount of video display devices required to be

 

recycled annually by the manufacturer.

 

     (b) Whether a manufacturer with a takeback program that

 

recycles electronic waste at a higher rate than provided for in

 

this part should be granted credits and, if so, the life of the

 

credits, whether the credits would be transferable, and how the

 

credit system should otherwise operate.

 

     (c) Whether the nonbinding target for manufacturers recycling

 

covered video display devices under section 17311 should be

 

increased or decreased and whether the target should be made

 

mandatory.

 

     (d) What items should be included in a mandatory takeback

 

program and, if new items are recommended, what the recycling rates

 

should be for those new items.

 

     (e) Whether and how a manufacturer should be sanctioned for

 

failing to meet the requirements of this part.

 

     (f) Whether funding for the administration of this part is

 

appropriate or needs to be increased or decreased.

 

     (g) Whether a program should be developed to recognize

 

manufacturers that implement an expanded recycling program for

 

additional products such as printers or recycles electronic waste

 

at a higher rate than provided for in this part.

 

     (h) Whether a system should be developed to collect covered

 

electronic devices that are otherwise not collected by a

 

manufacturer.

 

     (i) Whether additional recycling data, such as the amount of

 

covered electronic devices collected by collectors, should be

 

collected and, if so, how.

 

     (j) Whether a program should be developed and funding should

 

be obtained for grants to expand recycling and recovery programs

 

for covered electronic devices and to provide consumer education

 

related to the programs.

 

     (k) Whether a disposal ban for covered electronic devices is

 

appropriate.

 

     (9) The council is dissolved effective July 1, 2012.

 

     (1) A retailer shall not sell or offer for sale to any person

 

in this state a new covered electronic device from a manufacturer,

 

as defined in section 17301, unless the manufacturer is included on

 

the list of registered manifacturers under section 17303.

 

     (2) A retailer shall provide consumers information on where

 

and how to recycle electronic devices, including collection

 

opportunities and locations. This requirement may be met by

 

providing to consumers the department's electronic takeback program

 

website address, a website address for a nationwide electronics

 

recycling directory, or information on the retailer's recycling

 

program if the retailer is a collector or participates in a

 

takeback program. This requirement may be met through 1 or more of

 

the following methods:

 

     (a) Providing the information on the retailer's website.

 

     (b) Including the information in the retailer's catalog.

 

     (c) Distributing department-generated or retailer-generated

 

materials in the store.

 

     (d) Displaying department-generated or retailer-generated

 

materials in the store.

 

     (3) The department may make materials available to retailers

 

for distribution or display in retail stores under subsection (2).

 

     Sec. 17315. (1) Covered electronic devices collected under

 

this part that are recycled shall be recycled in a manner that

 

complies with federal and state laws, including rules promulgated

 

by the department, and local ordinances.

 

     (2) Any rules promulgated by the department under section

 

17321 regulating the recycling of covered electronic devices CEDs

 

collected under this part shall be consistent with both of the

 

following:1 or more certification standards described in section

 

17319(1).

 

     (a) The United States environmental protection agency's "Plug-

 

in to eCycling Guidelines for Materials Management", as in effect

 

on the effective date of the amendatory act that added this

 

section.

 

     (b) The institute of scrap recycling industries, inc.

 

publication "Electronics Recycling Operating Practices", dated

 

April 25, 2006.

 

     Sec. 17317. (1) By 30 days after the end of each state fiscal

 

year, a person who engages in the business of recycling covered

 

electronic devices shall register A person that operates during a

 

fiscal year as a recycler of covered electronic devices that were

 

collected in this state shall, within the first 30 days of the

 

fiscal year, register with the department on a form provided by the

 

department. The registration expires 30 days after the end of the

 

following state fiscal year. A recycler person who has not already

 

filed a registration under this part shall submit a registration

 

within 10 business days after the recycler begins to recycle

 

covered electronic devices.person becomes a recycler of CEDs

 

obtained by that person in this state.

 

     (2) A registration under subsection (1) shall include all of

 

the following:

 

     (a) The name, address, telephone number, and location of all

 

recycling facilities that are under the person's direct control, of

 

the recycler are located in this state, that and may receive

 

covered electronic devices.CEDs.

 

     (b) A certification by the recycler that the recycler

 

substantially meets the requirements of section 17315.

 

     (3) Beginning October 30, 2010, a recycler of covered

 

electronic devices shall report the total weight of covered

 

electronic devices recycled during the previous state fiscal year.

 

The recycler shall keep a written log that records the weight of

 

covered video display devices and the total weight of covered

 

computers delivered to the recycler and identified as such on

 

receipt. The total weight reported in the registration shall be

 

based on this log.

 

     (3) (4) A recycler's registration is effective upon receipt by

 

the department if the registration is administratively complete and

 

accompanied by any fee required under this section.

 

     (4) (5) If a recycler's registration does not meet the

 

requirements of this section and any rules promulgated under this

 

part, the department shall notify the recycler of the deficiency.

 

If the recycler fails to correct the deficiency within 60 days

 

after notice is sent by the department, the department may deny or

 

revoke the recycler's registration, after providing an opportunity

 

for a contested case hearing under the administrative procedures

 

act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

 

     (5) (6) Until October 1, 2019, a recycler's registration under

 

subsection (1) shall be accompanied by an annual fee of $1,000.00.

 

However, if the recycler does not meet the requirements of section

 

17319(1), the annual fee is $2,000.00.

 

     (6) A registration under subsection (1) received by the

 

department 90 or more days late shall, in addition to the

 

registration fee, be accompanied by a late fee equal to 50% of the

 

registration fee.

 

     (7) Revenue from recyclers' registration and late fees

 

collected under this section shall be deposited in the electronic

 

waste recycling fund created in section 17327.fund.

 

     (8) Submitting a false registration under subsection (1) is a

 

violation of this part.

 

     (9) Not later than October 1, 2011 and every 2 years after

 

that date, the department shall submit a report to the secretary of

 

the senate and to the clerk of the house of representatives that

 

assesses the adequacy of the fees under this section and any

 

departmental recommendation to modify those fees.

 

     Sec. 17319. A recycler shall comply with all of the following:

 

     (a) Employ industry-accepted procedures substantially

 

equivalent to those specified by the United States department of

 

defense for the destruction or sanitization of data on hard drives

 

and other data storage devices.

 

     (1) (b) Maintain Except as provided in subsection (2), a

 

recycler shall maintain a documented environmental, health, and

 

safety management system that may be audited and is compliant with

 

or equivalent to ISO 14001.is certified under the e-Stewards

 

standard for Responsible Recycling and Reuse of Electronic

 

Equipment, adopted by the Basel Action Network, or the Responsible

 

Recycling ("R2") standard For Electronics Recyclers, adopted by

 

SERI, in effect on the enactment date of the 2016 act that amended

 

this section. The department may adopt by rule standards of an

 

accredited third-party certification body that are an alternative

 

to or an updated version of standards specified in this subsection

 

if the updated or alternative standards are reasonable and

 

consistent with the purposes of this part. The department may audit

 

the environmental, health, and safety management system.

 

     (2) A recycler is exempt from the requirements of subsection

 

(1) if, in addition to meeting the requirements of subsection (3)

 

and section 17319a, the recycler does 1 of the following:

 

     (a) Obtains from a third-party certification body under

 

subsection (1) an acknowledgment of receipt of a complete

 

application for certification by the following time and continues

 

to make significant progress toward certification under subsection

 

(1):

 

     (i) If the recycler was established before the enactment date

 

of the 2016 act that amended this section, 1 year after that date.

 

     (ii) If the recycler was not established before the enactment

 

date of the 2016 act that amended this section, 2 years after the

 

recycler is established.

 

     (b) Complies with applicable industry standards found in ISO

 

14001:2004 by the International Organization for Standardization

 

and OHSAS 18001:2007 by the Occupational Health, Safety & Advisory

 

Services. The department may adopt by rule standards that are an

 

alternative to or an updated version of the standards specified in

 

this subdivision if the updated or alternative standards are

 

reasonable and consistent with the purposes of this part.

 

     (3) To be exempt under subsection (2) from the requirements of

 

subsection (1), a recycler shall do all of the following:

 

     (a) Maintain a written contingency plan for environmental

 

releases.

 

     (b) Annually certify to the department on a form provided by

 

the department that the facility substantially complies with all

 

state, federal, and local requirements concerning storage,

 

transportation, processing, and exporting of covered electronic

 

devices and materials derived from CEDs.

 

     (4) A recycler shall maintain for 5 years, and make available

 

to the department upon request, records relevant to compliance with

 

the requirements of this part and rules promulgated under this

 

part, including records of all of the following:

 

     (a) (c) Maintain records identifying The identity of all

 

persons to whom the recycler provided electronic devices CEDs or

 

materials derived from electronic devices CEDs for the purpose of

 

conducting additional recycling. and the

 

     (b) The weight and volume of CEDs or material derived from

 

CEDs provided to each of those the persons identified under

 

subdivision (a). Information required to be recorded under this

 

subdivision and subdivisions (c) to (e) is exempt from disclosure

 

under the freedom of information act, 1976 PA 442, MCL 15.231 to

 

15.246, and shall not be disclosed by the department unless

 

required by court order.

 

     (c) The total weight of CEDs recycled.

 

     (d) The total weight of CEDs that were received under contract

 

directly with a manufacturer or through participation in a

 

manufacturer's takeback program.

 

     (e) The total weight of CEDs received from consumers outside

 

of metropolitan statistical areas.

 

     (f) The identity of any manufacturer with whom the recycler

 

contracts for the recycling of CEDs received from consumers.

 

     (g) The identity of any collector with whom the recycler

 

contracts for the collection of CEDs to fulfill contractual

 

obligations described in subdivision (f).

 

     (5) A recycler that is required to register under section

 

17317 for any fiscal year shall, before December 1 of the following

 

fiscal year, submit to the department on a form provided by the

 

department a report on all of the following:

 

     (a) The total weight of CEDs recycled during the fiscal year

 

for which registration was required. Information required to be

 

reported under this subdivision is exempt from disclosure under the

 

freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and

 

shall not be disclosed by the department unless required by court

 

order.

 

     (b) The information required under subsection (4)(f) and (g).

 

     (6) (d) Not use state or federal A recycler shall not use

 

prison labor to process covered electronic devices or transact with

 

a third party that uses or subcontracts for the use of prison

 

labor.

 

     (7) The department shall maintain on its website a list of

 

recyclers registered under section 17317. The list shall identify

 

whether a recycler is certified under standards described in or

 

adopted by rule under subsection (1). The department shall update

 

the list at least annually.

 

     Sec. 17319a. (1) To be exempt under section 17319(2) from the

 

requirements of section 17319(1), a recycler shall do all of the

 

following:

 

     (a) Develop a written cost estimate, in current dollars, for

 

the department to contract with a third-party for closure of the

 

recycling site. The estimate shall include the costs to remove and

 

dispose offsite all covered electronic devices and associated

 

wastes accumulated at the recycling site, to decontaminate or

 

remove all contaminated equipment, structures, and soils, and to

 

conduct sampling and analysis to verify that closure is complete.

 

The cost estimate shall not incorporate any salvage value of

 

equipment.

 

     (b) Provide to the department a bond to cover the cost of

 

closure of the recycling site. The amount of the bond shall not be

 

less than the amount of the cost estimate under subdivision (a).

 

     (2) A recycler who elects to post cash as a bond shall accrue

 

interest on that bond quarterly at the annual rate of 6%, except

 

that the interest rate accrued shall not exceed the interest rate

 

on the state common cash fund for the quarter in which an accrual

 

is determined. Interest shall be paid to the recycler upon release

 

of the bond by the department. Any interest earnings greater than

 

6% shall be deposited in the fund.

 

     (3) The recycler shall annually adjust the cost estimate under

 

subsection (1) and the corresponding amount of the bond for

 

inflation. The adjustment shall be made by 1 of the following

 

methods, at the recycler's option:

 

     (a) Recalculating the cost estimate in current dollars.

 

     (b) Multiplying the cost estimate by an inflation factor that

 

is derived from the most recent implicit price deflator for gross

 

domestic product published by the United States Department of

 

Commerce, Bureau of Economic Analysis, or a successor agency, in

 

its survey of current business.

 

     (4) The department shall release the bond required by this

 

section under any of the following circumstances:

 

     (a) The recycler replaces the bond with an acceptable

 

replacement bond.

 

     (b) The recycler's environmental, health, and safety

 

management system is certified as required under section 17319(1)

 

and the certification is not dependent on the bond.

 

     (c) The recycler is no longer required to register under

 

section 17317 and the recycling site has undergone closure.

 

     (5) The department may utilize a bond to conduct closure of a

 

recycling site if the recycler fails to remove and dispose offsite

 

all CEDs and associated wastes accumulated at the recycling site,

 

to decontaminate or remove all contaminated equipment, structures,

 

and soils, and to conduct sampling and analysis to verify that

 

closure is complete, after recycling operations cease and the site

 

is no longer registered under section 17317.

 

     (6) Under the terms of a surety bond or letter of credit, the

 

issuing institution shall notify both the department and the

 

recycler at least 120 days before the expiration date or any

 

cancellation of the bond. If the recycler does not extend the

 

effective date of the bond, or establish an acceptable replacement

 

bond within 90 days after receipt of an expiration or cancellation

 

notice from the issuing institution, the department may draw on the

 

bond.

 

     Sec. 17320. (1) A person shall not operate as a collector of

 

covered electronic devices during a fiscal year unless, within the

 

first 30 days of the fiscal year, or, for the 2016-2017 fiscal

 

year, within 30 days after the effective date of this section, the

 

person registers with the department on a form provided by the

 

department. A person who has not already filed a registration under

 

this part shall submit a registration within 10 business days after

 

the person becomes a collector of CEDs unless a later registration

 

deadline is applicable under this subsection. A registration

 

expires 30 days after the end of the fiscal year.

 

     (2) A collector's registration shall include the name,

 

address, telephone number, and location of all collection

 

facilities that are under the person's direct control, are located

 

in this state, and may receive CEDs.

 

     (3) A collector's registration is effective upon receipt by

 

the department if the registration is administratively complete.

 

     (4) If a collector's registration under subsection (1) does

 

not meet the requirements of this section, the department shall

 

notify the collector of the deficiency. If the collector fails to

 

correct the deficiency within 60 days after notice is sent by the

 

department, the department may deny or revoke the collector's

 

registration, after providing an opportunity for a contested case

 

hearing under the administrative procedures act of 1969, 1969 PA

 

306, MCL 24.201 to 24.328.

 

     Sec. 17320a. A collector shall do all of the following:

 

     (a) Comply with the Electronics Recycling Coordination

 

Clearinghouse document "ERCC Collection Site Best Practices" as in

 

effect on the enactment date of the amendatory act that added this

 

section.

 

     (b) Maintain for 5 years and make available to the department

 

upon request records relevant to compliance with the requirements

 

of this part and rules promulgated under this part, including

 

records of the names and addresses of the vendors to which

 

shipments of covered electronic devices were made but not including

 

any records of the dates of shipments of covered electronic

 

devices. Information described under this subdivision is exempt

 

from disclosure under the freedom of information act, 1976 PA 442,

 

MCL 15.231 to 15.246, and shall not be disclosed by the department

 

unless required by court order.

 

     (c) If required to register under section 17320 for any fiscal

 

year, before December 1 of the following fiscal year, submit to the

 

department on a form provided by the department a report on the

 

total number of shipments of CEDs by the collector to vendors made

 

during the fiscal year for which registration was required.

 

     (d) If the collector participates in a manufacturer's takeback

 

program, do all of the following:

 

     (i) Comply with the terms of the manufacturer stewardship

 

plan.

 

     (ii) Make available to the takeback program all collected CEDs

 

unless the manufacturer agrees otherwise.

 

     (iii) Keep collection sites staffed and open to the public at

 

a frequency adequate to meet the needs of the area being served,

 

and on an ongoing basis.

 

     Sec. 17326. (1) The department may establish a program to

 

provide short-term grants to local units of government or nonprofit

 

entities for the purpose of collecting covered electronic devices.

 

     (2) Annually, the department shall publicly recognize

 

manufacturers that meet the nonbinding goals of their stewardship

 

plans. The department may cooperate with a national organization of

 

manufacturers of CEDs for the purpose of this subsection.

 

     (3) The department and manufacturers that own cellular

 

telephone brands shall jointly develop and, within 1 year after the

 

enactment date of the amendatory act that added this section,

 

implement a statewide program to inform consumers about entities

 

that accept cellular telephones for safe and secure collection.

 

     Sec. 17327. (1) The electronic waste recycling fund is created

 

within the state treasury.

 

     (2) The state treasurer may receive money or other assets from

 

any source for deposit into the fund. The state treasurer shall

 

direct the investment of the fund. The state treasurer shall credit

 

to the fund interest and earnings from fund investments.

 

     (3) Money in the fund at the close of the fiscal year shall

 

remain in the fund and shall not lapse to the general fund.

 

     (4) The department of environmental quality shall be the

 

administrator of the fund for auditing purposes.

 

     (5) Money from the fund shall be expended, upon appropriation,

 

only for 1 or more of the following:

 

     (a) The administrative expenses of the department in

 

implementing this part.

 

     (b) Grants under section 17326. However, money in the fund

 

from manufacturer registration fees submitted under section 17303

 

after September 30, 2017, shall not be expended for these grants.

 

     Sec. 17329. (1) A person who violates this part may be ordered

 

to pay a civil fine of not more than $500.00 $1,000.00 for the

 

first violation or not more than $2,500.00 $5,000.00 for a second

 

or subsequent violation.

 

     (2) A person who knowingly violates this part or who knowingly

 

submits false information to the department under this part is

 

guilty of a misdemeanor punishable by a fine of not more than

 

$5,000.00. $10,000.00. Each day on which a violation described in

 

this subsection occurs represents a separate violation.

 

     (3) After a contested case hearing, the department may suspend

 

or revoke the registration of a recycler that violates this part a

 

third or subsequent time. The department shall provide notice of

 

the suspension or revocation on its website.

 

     (4) A civil fine collected under this section shall be

 

deposited in the electronic waste recycling fund created in section

 

17327.fund.

 

     Sec. 17333. (1) Not later than December 1, 2017 and every 2

 

years after that date, the department shall submit to the standing

 

committees of the senate and house of representatives with primary

 

responsibility for issues pertaining to natural resources and the

 

environment a report that includes all of the following information

 

for each of the preceding 2 fiscal years:

 

     (a) An assessment of the adequacy of the fees under sections

 

17303 and 17317 and any departmental recommendation to modify those

 

fees.

 

     (b) Expenditures from the fund.

 

     (c) The total weight of covered electronic devices recycled

 

and a summary of information in the registration forms submitted by

 

manufacturers under section 17303 and recyclers under section

 

17317.

 

     (d) A discussion of the various takeback programs used by

 

manufacturers.

 

     (e) Available information about the collection and recycling

 

of CEDs by persons other than registered manufacturers, collectors,

 

and recyclers.

 

     (f) The effectiveness of this part in encouraging the

 

recycling of CEDs and ensuring the safe collection and recycling of

 

CEDs.

 

     (g) Recommendations for any changes to this part, including

 

the purposes for which money in the fund may be expended.

 

     (2) If Within 90 days after enactment or adoption of a federal

 

law that establishes a national program for the collection and

 

recycling of computer equipment, the department shall , within 90

 

days, submit a report to the standing committees of the senate and

 

house of representatives with primary responsibility for recycling

 

and solid waste issues. The report shall describe the federal

 

program, discuss whether provisions of this part have been

 

preempted, and recommend whether this part should be amended or

 

repealed.

 

     Sec. 17335. (1) The electronic waste advisory council is

 

created within the department.

 

     (2) Within 60 days after the effective date of this section,

 

the director of the department shall appoint the members of the

 

council. The council shall include, but need not be limited to, a

 

representative of each of the following:

 

     (a) Manufacturers.

 

     (b) Retailers.

 

     (c) Recyclers.

 

     (d) Collectors.

 

     (e) Local units of government.

 

     (f) Landfill owners or operators.

 

     (g) A statewide environmental protection organization.

 

     (h) A facilities-based wireless telecommunications service

 

provider.

 

     (3) Members of the advisory council shall be appointed for 4-

 

year terms.

 

     (4) The council shall advise the director on all of the

 

following:

 

     (a) The implementation of this part.

 

     (b) Whether this act should be amended, including, but not

 

limited to, amendments to do any of the following:

 

     (i) Include schools in the definition of consumer.

 

     (ii) Delete the exemption of certain wireless service

 

providers from the definition of collector or modify the exemption,

 

whether by revising the listed CEDs or otherwise.

 

     (iii) Expand the definition of covered electronic device by

 

including smartphones or other devices.

 

     (iv) Authorize money from manufacturer's registration fees

 

submitted under section 17303 after September 30, 2017 to be

 

expended for the grant program under section 17326.

 

     (v) Expand the grant program under section 17326 to address

 

illegal disposal of CEDs, collection of televisions and computer

 

monitors with cathode ray tubes, or electronics recycling education

 

for consumers.

 

     (vi) Ban some or all CEDs from landfill disposal and, if so,

 

when and under what conditions.

 

     (vii) Replace the nonbinding goal under section 17311(1)(d)

 

for the weight of covered electronic devices to be recycled with a

 

binding requirement.

 

     (c) The development of any electronic device recycling

 

programs that could replace the takeback program requirements of

 

this part.

 

     (d) The illegal disposal of CEDs in this state.

 

     (e) The effects of amending section 17311 to remove the former

 

requirement that a consumer not be required to pay a separate fee

 

for participation in a takeback program.

 

     (f) Potential funding mechanisms to assist with the recycling

 

of electronic devices.

 

     (g) How the department can engage in national collaboration

 

efforts for recycling electronic devices.

 

     (5) By 2 years after the effective date of this section, the

 

council shall submit to the director a report on the topics listed

 

in subsection (4).

 

     (6) The council is dissolved 4 years after the effective date

 

of this section.

 

     Enacting section 1. This amendatory act takes effect January

 

1, 2017.