Bill Text: WV HB2211 | 2013 | Regular Session | Introduced
Bill Title: Imposing advanced recovery fees on consumers for the purchase of electronic devices
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-02-13 - To House Judiciary [HB2211 Detail]
Download: West_Virginia-2013-HB2211-Introduced.html
(By Delegate Manypenny)
[Introduced February 13, 2013; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-15B-1, §22-15B-2, §22-15B-3, §22-15B-4, §22-15B-5, §22-15B-6, §22-15B-7, §22- 15B-8, §22-15B-9, §22-15B-10, §22-15B-11, §22-15B-12, §22-15B- 13, §22-15B-14, §22-15B-15, §22-15B-16, §22-15B-17 and §22- 15B-18, all relating to the imposition of advanced recovery fees on consumers for the purchase of electronic devices; definitions; administration by the Department of Environmental Protection; the creation of an E-Cycle Fund account; fee schedules for authorized collectors and recyclers and disbursements to authorized collectors, recyclers and manufacturers; manufacturer responsibilities; establishment of electronic device drop off centers in each county; civil penalties and sanctions; requirements when exporting covered electronic devices; and rule-making authority.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §22-15B-1, §22-15B-2, §22-15B-3, §22-15B-4, §22-15B-5, §22-15B-6, §22-15B-7, §22-15B-8, §22-15B-9, §22-15B-10, §22-15B-11, §22-15B-12, §22-15B-13, §22-15B- 14, §22-15B-15, §22-15B-16, §22-15B-17 and §22-15B-18, all to read as follows:
ARTICLE 15B. ADVANCED RECOVERY FEES AND COVERED ELECTRONIC DEVICE RECYCLING.
§22-15B-1. Legislative findings and purpose.
_____The Legislature finds and declares all of the following:
_____(a) Electronic waste represents one of the fastest growing and hazardous components of West Virginia's waste streams.
_____(b) According to the United States Environmental Protection Agency, in 2009, an estimated four hundred thirty-eight million new electronic products were sold in the United States; five million short tons of electronic products were in storage; two million three hundred seventy thousand short tons of electronic products were ready for end-of-life management; and only twenty-five percent of these tons were collected for recycling.
_____(c) Due to the presence of toxic lead, mercury and other hazardous or potentially hazardous materials in electronic waste, this waste poses a particular threat to public health and the environment when improperly discarded.
_____(d) Electronic waste recovered for recycling has been found to have been illegally handled and discarded in developing countries, posing a significant threat to public health, worker safety and the environment in those countries.
_____(e) The collection, handling and management of electronic waste that is currently recovered represents a growing problem for government and nonprofit organizations, including Goodwill Industries and the Salvation Army.
_____(f) The high technology sector represents a vital and important part of West Virginia's economy.
_____(g) The purpose of this article is to enact a comprehensive and innovative system for the reuse, recycling and proper and legal disposal of covered electronic devices.
_____(h) It is the further purpose of this article to enact a law that establishes a program that is cost free and convenient for consumers and the public to return, recycle and ensure the safe and environmentally-sound disposal of covered electronic devices.
_____(i) It is the intent of the Legislature that the cost associated with the handling, recycling and disposal of covered electronic devices is the responsibility of the producers and consumers of covered electronic devices and not local government or their service providers, state government or taxpayers.
_____(j) In order to reduce the likelihood of illegal disposal of these hazardous materials, it is the intent of this article to ensure that the cost associated with the proper management of covered electronic devices be internalized by the producers and consumers of covered electronic devices at or before the point of purchase and not at the point of discard.
_____(k) The purpose of this article is to provide sufficient funding for the safe, cost-free and convenient collection and recycling of one hundred percent of the covered electronic waste discarded or offered for recycling in the state, to eliminate electronic waste stockpiles by December 31, 2016, and to end the illegal disposal of covered electronic devices.___
§22-15B-2. Definitions.
_____"Account" means the E-Cycle Fund Account administered by the Department of Environmental Protection.
_____"Authorized collector" means any of the following:
_____(1) A city or county that collects covered electronic devices;
_____(2) A person or entity that is required or authorized by a city or county to collect covered electronic devices pursuant to the terms of a contract, license, permit or other written authorization;
_____(3) A nonprofit organization that collects or accepts covered electronic devices;
_____(4) A manufacturer or agent of the manufacturer that collects, consolidates and transports covered electronic devices for recycling from consumers, businesses, institutions and other generators; and
_____(5) Any other entity that collects, handles, consolidates and transports covered electronic equipment and has filed all applicable documents with the secretary.
_____"Consumer" means a person who purchases a new or refurbished covered electronic device in a transaction that is a retail sale.
_____"Department" means the West Virginia Department of Environmental Protection.
_____"Covered electronic device", except as hereinafter provided, means a video display device containing a screen greater than four inches, measured diagonally. "Covered electronic device" does not include any of the following:
_____(1) A video display device that is a part of a motor vehicle or any component part of a motor vehicle assembled by, or for, a vehicle manufacturer or franchise dealer, including replacement parts for use in a motor vehicle.
_____(2) A video display device that is contained within, or a part of, a piece of industrial, commercial or medical equipment, including monitoring or control equipment.
_____(3) A video display device that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier or air purifier.
_____"Covered electronic waste" or "covered e-waste" means a covered electronic device that is discarded.
_____"Covered electronic waste recycling fee" or "covered e-waste recycling fee" or "advanced recycling fee" means the fee imposed under this article.
_____"Covered electronic waste recycler" or "covered e-waste recycler" is a person who has been certified by an accredited company that certifies recyclers of electronic equipment under the Responsible Recycling (R2) Practices for Use in Accredited Certification Programs for Electronics Recyclers and means any of the following:
_____(1) A person who engages in the manual or mechanical separation of covered electronic devices to recover components and commodities therein for the purpose of reuse or recycling;
_____(2) A person who changes the physical or chemical composition of a covered electronic devise by deconstructing, size reduction, crushing, cutting, sawing, compacting, shredding or refining for purposes of segregating components, for purposes of recovering or recycling those components and who arranges for the transport of those components to an end user;
_____(3) A manufacturer who meets the conditions established by this article.
_____"Electronic waste recovery payment" means an amount established and paid by the department under this article.
_____"Electronic waste recycling payment" means an amount established and paid by the department under this article.
_____"Manufacturer" means either of the following:
_____(1) A person who manufacturers a covered electronic device sold in this state; or
_____(2) A person who sells a covered electronic device in this state under that person's brand name.
_____"Person" means an individual, trust firm, joint stock company, business concern and corporation including, but not limited to, a government corporation, partnership, limited liability company and association. "Person" also includes a city, county, city and county, county commission, the state, or a department, agency, or political subdivision thereof, an interstate body and the United States and its agencies and instrumentalities to the extent permitted by law.
_____"Recycling" means using, reusing or reclaiming a recyclable material. "Recycling" also means, for purposes of this article, the collecting, transporting, storing, transferring, handling, segregating, processing, using or reusing or reclaiming of recyclable material to produce recycled material.
_____"Refurbished" when used to describe a covered electronic device means a device that the manufacturer has tested and returned to a condition that meets factory specifications for the device, has repackaged and has labeled as refurbished.
_____"Retailer" means a person who makes a retail sale of a new or refurbished covered electronic device. "Retailer" includes a manufacturer of a covered electronic device who sells that covered electronic device directly to a consumer through any means including, but not limited to, a transaction conducted through a sales outlet, catalog, the Internet or any other similar electronic means.
_____"Retail sale" or "sale at retail" means a sale for any purpose other than resale in the regular course of business in the form of tangible personal property. "Retail sale" does not include the sale of a covered electronic device that is temporarily stored or used in West Virginia for the sole purpose of preparing the covered electronic device for use thereafter solely outside the state and that is subsequently transported outside the state and thereafter used solely outside the state.
_____"Secretary" means the cabinet secretary of the West Virginia Department of Environmental Protection.
_____"Vendor" means a person that makes a sale of a covered electronic device for the purpose of resale to a retailer who is the lessor of the covered electronic device to a consumer under a lease that is a continuing sale and purchase.
_____"Video display device" means an electronic device with an output surface that displays, or is capable of displaying, moving graphical images or a visual representation of image sequences or pictures, showing a number of quickly changing images on a screen in fast succession to create the illusion of motion, including, if applicable, a device that is an integral part of the display, in that it cannot be easily removed from the display by the consumer, that produces the moving image on the screen. A video display device may use, but is not limited to, a cathode ray tube (CRT), liquid crystal display (LCD), gas plasma, digital light processing or other image projection technology.
§22-15B-3. Administration of article; rule-making authority; __dissemination of information; expertise.
_____(a) The department shall administer and enforce this article.
_____(b) The department shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement this article.
_____(c) The department shall adopt regulations that ensure the protection of any proprietary information submitted to the department by a manufacturer of covered electronic devices.
_____(d) The department may prepare, publish or issue any materials that it determines to be necessary for the dissemination of information concerning the activities of the department under this article.
_____(e) In carrying out this article, the department may solicit and use any and all expertise available in other state agencies.
§22-15B-4. Covered electronic waste recycling fee imposed on ___purchase of new or refurbished covered electronic __devise; amount; transmittal to secretary; and __statement of fee.
_____(a) On September 1, 2013, a consumer shall pay a covered electronic waste recycling fee upon the purchase of a new or refurbished covered electronic device, in the following amounts:
_____(1) Eight dollars for each covered electronic device with a screen size of less than fifteen inches measured diagonally;
_____(2) Sixteen dollars for each covered electronic device with a screen size greater than or equal to fifteen but less than thirty- five inches measured diagonally; and
_____(3) Twenty-five dollars for each covered electronic device with a screen size greater than or equal to thirty-five inches measured diagonally.
_____(b) Except as provided in subdivision (d) of this section, a retailer shall collect from the consumer a covered electronic waste recycling fee at the time of the retail sale of a covered electronic device.
_____(c) (1) A retailer may retain three percent of the covered electronic waste recycling fee as reimbursement for all costs associated with the collection of the fee and transmit the remainder of the fee to the secretary for deposit in the account.
_____(2) If a retailer makes an election pursuant to subdivision (2), subsection (d) of this section, and the conditions of paragraphs (A), (B) and (C), subdivision (2), subsection (d) of this section are met, the vendor, in lieu of the retailer, may retain three percent of the covered electronic waste recycling fee as reimbursement for all costs associated with the collection of the fee and the vendor shall transmit the remainder of the fee to the department.
_____(d) (1) If a retailer elects to pay the covered electronic waste recycling fee on behalf of the consumer, the retailer shall provide an express statement to that effect on the receipt given to the consumer at the time of sale. If a retailer elects to pay the covered electronic waste recycling fee on behalf of the consumer, the fee is a debt owed by the retailer to the state and the consumer is not liable for the fee.
_____(2) A retailer may elect to pay the covered electronic waste recycling fee on behalf of the consumer by paying the covered electronic waste recycling fee to the retailer's vendor but only if all of the following conditions are met:
_____(A) The vendor is registered with the department to collect and remit the covered electronic waste recycling fee pursuant to this article;
_____(B) The vendor holds a valid seller's permit;
_____(C) The retailer pays the covered electronic waste recycling fee to the vendor that is separately stated on the vendor's invoice to the retailer; and
_____(D) The retailer provides an express statement on the invoice, contract or other record documenting the sale that is given to the consumer, that the covered electronic waste recycling fee has been paid on behalf of the consumer.
_____(3) For the purpose of making the election in subdivision (2) of this subsection, if the conditions set forth in paragraphs (A), (B), (C) and (D) of subdivision (2) of this subsection are met, the covered electronic waste recycling fee is a debt owed by the vendor to the state and the retailer is not liable for the fee.
__(e) The retailer shall separately state the covered electronic waste recycling fee on the receipt given to the consumer at the time of sale.
__(f) On and after September 1, 2013, a person may not sell a new or refurbished covered electronic device to a consumer in this state if the department determines that the manufacturer of that covered electronic device is not in compliance with this article.
__(g) On and after September 1, 2013, a person may not sell or offer for sale in this state a new or refurbished covered electronic device unless the device is labeled with the name of the manufacturer or the manufacturer's brand label so that it is readily visible.
§22-15B-5. Collection of fee by the Department of Environmental _____Protection.___________________
_____(a) The Department of Environmental Protection shall collect the electronic waste recycling fee and maintain these fees in a separate fund called the E-Cycle Fund.
_____(b) The covered electronic waste recycling fee is due and payable quarterly on or before the last day of the month following each calendar quarter. The payments shall be accompanied by a return in the form as prescribed by the department.
_____(c) The department may require the payment of the fee and the filing of returns for other than quarterly periods.
_____(d) On or before September 1, 2015, and, thereafter, biennially, the department shall review, at a public hearing, the covered electronic waste recycling fee and make any adjustments to the fee to ensure that there are sufficient revenues in the account to fund the covered electronic waste recycling program established pursuant to this article. Adjustments to the fee that are made on or before September 1, shall apply to the calendar year beginning the following January 1. The department shall base an adjustment of the covered electronic waste recycling fee on both of the following factors:
_____(1) The sufficiency, and any surplus, of revenues in the account to fund the collection, consolidation and recycling of covered electronic waste that is projected to be recycled in the state; and
_____(2) The sufficiency of revenues in the account for the department to administer, enforce and promote the program plus a prudent reserve not to exceed five percent of the amount in the account.
§22-15B-6. Duties of manufacturer; information and report; and __protection of information.
_____(a) On or before September 1, 2014, and at least once annually thereafter as determined by the department, each manufacturer of a covered electronic device sold in this state shall do all of the following:
_____(1) Submit to the department a report that includes all of the following information:
_____(A) An estimate of the number of covered electronic devices sold by the manufacturer in the state during the previous year;
_____(B) A baseline or set of baselines that show the total estimated amounts of mercury, cadmium, lead, hexavalent, chromium and PBB's used in covered electronic devices manufactured by the manufacturer in that year and the reduction in the use of those hazardous materials from the previous year;
_____(C) A baseline or set of baselines that show the total estimated amount of recyclable materials contained in covered electronic devices sold by the manufacturer in that year and the increase in the use of those recyclable materials from the previous year;
_____(D) A baseline or a set of baselines that describe any efforts to design covered electronic devices for recycling and goals and plans for further increasing design for recycling;
_____(E) A list of those retailers including, but not limited to, Internet and catalog retailers, to which the manufacturer provided a notice covering any electronic device manufactured by that manufacturer that is identified in the rules adopted by the department and that identify the electronic devices that the department determines are presumed to be, when discarded, a hazardous waste;
_____(2) Make information available to consumers that describes where and how to return, recycle and dispose of the covered electronic device and opportunities and locations for the collection or return of the device, through the use of a toll-free telephone number, Internet Website, information labeled on the device, information included in the packaging or information accompanying the sale of covered electronic device.
_____(b) Any information submitted to the department pursuant to subsection (a) of this section that is proprietary in nature or a trade secret is subject to protection under state laws and rules governing that information.
_____(c) A manufacturer of a covered electronic device shall comply with the notification requirements set forth in paragraph (E), subdivision (1), subsection (a) of this section.
§22-15B-7. Statewide applicability of fee; local collection or __recycling programs.
_____(a) The imposition of a covered electronic waste recycling fee is a matter of statewide interest and concern and is applicable uniformly throughout the state. A city, county, city and county or other public agency may not adopt, implement or enforce an ordinance, resolution, regulation or rule requiring a consumer, manufacturer or retailer to recycle covered electronic devices or imposing a covered electronic waste recycling fee upon a manufacturer, retailer or consumer unless expressly authorized under this article.
_____(b) Nothing in the section prohibits the adoption, implementation or enforcement of any local ordinance, resolution, regulation or rule governing curbside or drop off recycling programs operated by or pursuant to a contract with a city, county, city and county or other public agency including any action relating to fees for these programs. Nothing in this section affects any contract, franchise, permit, license or other arrangement regarding the collection or recycling of solid waste or household hazardous waste.
§22-15B-8. Fee declared not to be a tax.
_____The Legislature declares that the imposition of a covered electronic waste recycling fee would not result in the imposition of a tax within the meaning of article X of the West Virginia Constitution because the amount and nature of the fee has a fair and reasonable relationship to the adverse environmental burdens imposed by the disposal of covered electronic devices and there is a sufficient nexus between the fee imposed and the use of those fees to support the recycling and reuse of these devices.
§22-15B-9. Civil penalties.
_____(a) Civil liability in an amount of up to $2,500 per offense may be administratively imposed by the department for each sale of a covered electronic device for which a covered electronic waste recycling fee has not been paid pursuant to section four of this article.
_____(b) A civil penalty in an amount of up to $5,000 per offense may be imposed by a circuit court for each sale of a covered electronic device for which a covered electronic waste recycling fee has not been paid pursuant to section four of this article.
_____(c) Civil liability in an amount of up to $25,000 may be administratively imposed by the department against manufacturers for failure to comply with this article except as otherwise provided in subsection (a) of this section.
§22-15B-10. Electronic waste working group.
_____The department shall convene a covered electronic waste work group comprised of representatives from manufacturers of covered electronic devices and other interested parties to develop and, by September 1, 2014, advise the department on environmental purchasing criteria that may be used by state agencies to identify covered electronic devices with reduced environmental impacts. In defining criteria, the group shall consider the environmental impacts of products over their entire life cycle as well as tradeoffs in other product attributes such as safety, product functionality and cost. The group shall also consider any federal product evaluation or rating system or market based system to promote the development and sale of environmentally conscious products.
§22-15B-11. Annual statewide recycling goals for covered _____electronic waste; implementation.
_____(a) The department shall annually establish, and update as necessary, statewide recycling goals for covered electronic waste. In implementing this section, the department shall do all of the following:
_____(1) Post on its website information on the amount of covered electronic devices sold in the state in the previous year as reported to the department;
_____(2) Post on its website information on the amount of covered electronic waste recycled in the state in the previous year as reported to the department; and
_____(3) Develop and adopt recycling goals with input from manufacturers, retailers, covered electronic waste recyclers and collectors, that reflect projections of covered electronic device sales, rates of obsolescence and stockpiles.
_____(b) Nothing in this section authorizes the department to establish any recycling rates or dates by which a manufacturer of covered electronic devices shall comply with this article, or to impose any other recycling goal or target on a manufacturer of those devices.
§22-15B-12. E-Cycle Fund created; deposit and expenditure of __funds; interest; cancellation methods; conditions __for payment; state as market participant.
_____(a) The E-Cycle Fund is hereby established in the Department of Environmental Protection. All fees collected pursuant to this article shall be deposited in the account. Notwithstanding any other code provision to the contrary, the funds in the account are hereby continuously appropriated, without regard to fiscal year, for the following purposes:
_____(1) To make electronic waste recovery payments to an authorized collector of covered electronic waste pursuant to section fourteen of this article;
_____(2) To make electronic waste recycling payments to covered electronic waste recyclers pursuant to section fifteen of this article; and
_____(3) To make payments to manufacturers pursuant to subsection (g) of this section.
_____(b) (1) The money in the account may be expended for the following purposes only upon appropriation by the Legislature in the annual budget:
_____(A) For the administration of the article by the department;
_____(B) To reimburse the department for its administrative costs of registering, collecting, making refunds and auditing retailers and consumers in connection with the covered electronic waste recycling fee imposed under section four of this article;
_____(C) To establish the public information program specified in subsection (d) of this section.
_____(2) Any fines or penalties collected pursuant to this article shall be deposited in the E-Cycle Penalty Subaccount which is hereby established in the account. The funds in the E-Cycle Penalty Subaccount may be expended by the department only upon appropriation by the Legislature.
_____(c) Notwithstanding any other code provisions to the contrary, any interest earned upon funds in the E-Cycle Fund Account shall be deposited in that account for expenditure under this article.
_____(d) Not more than one percent of the funds annually deposited in the account may be expended for the purposes of establishing the public information program to educate the public in the hazards of improper covered electronic device storage and disposal and on the opportunities to recycle covered electronic devices.
_____(e) The department shall adopt rules specifying cancellations methods for the recovery, processing or recycling or covered electronic waste consistent with Responsible Recycling (R2) Practices for Use in Accredited Certification Programs for Electronic Recyclers.
_____(f) The department may pay an electronic waste recycling payment or electronic waste recovery payment for covered electronic waste only if all of the following conditions are met:
_____(1) The covered electronic waste, including any residuals from the processing of the waste, is handled in compliance with all applicable statutes and regulations;
_____(2) The entity performing the recycling has been certified by an accredited company for certifying recyclers of electronic equipment under the Responsible Recycling (R2) Practices for Use in Accredited Certification Programs for Electronics Recyclers;
_____(3) The manufacturer or the authorized collector or recycler of the electronic waste provides a cost free and convenient opportunity to recycle electronic waste which will include, at a minimum, one electronic device drop off center in each county and, in addition, a minimum of one drop off center in cities with populations of fifteen thousand or greater. The drop off center required in a county when there is also a drop off center in one or more of the county's cities, shall be strategically located so that it serves the rural consumers of the county; and
_____(4) If the covered electronic waste is processed, the covered electronic waste is processed in this state according to cancellation methods approved by Responsible Recycling (R2) Practices for Use in Accredited Certification Programs for Electronics Recyclers and authorized by the department.
_____(g) The department declares that the state is a market participant in the business of the recycling of covered electronic waste for all of the following reasons:
_____(1) The fee is collected from the state's consumers for covered electronic devices sold for use in the state;
_____(2) The purpose of the fee and subsequent payments is to prevent damage to the public health and the environment from waste generated in the state; and
_____(3) The recycling system funded by the fee ensures that economically viable and sustainable markets are developed and supported for recovered materials and components in order to conserve resources and maximize business and employment opportunities within the state.
_____(h) (1) The department may make a payment to a manufacturer that takes back a covered electronic device from a consumer in this state for purposes of recycling the device at a processing facility. The amount of the payment made by the department shall equal the value of the covered electronic waste recycling fee paid for that device. To qualify for a payment under this subsection, the manufacturer shall demonstrate the following to the department:
_____(A) The covered electronic device for which payment is claimed was used in this state;
_____(B) The covered electronic waste for which a payment is claimed, including any residuals from the processing the waste, has been and will be handled in compliance will all applicable statutes and regulations; and
_____(C) The manufacturer has a certification, or contracts with a recycler that has a certification, from an accredited company for certifying recyclers under the Responsible Recycling (R2) Practice for Use in Accredited Certification Programs for Electronic Recyclers.
§22-15B-13. Duties of person exporting covered electronic waste.
_____(a) A person who exports covered electronic waste, or a covered electronic device intended for recycling or disposal, to a foreign country, or to another state for ultimate export to a foreign country, shall do all of the following at least sixty days prior to export:
_____(b) Notify the department of the destination, disposition, contents and volume of waste, or device intended for recycling or disposal to be exported, and include with the notification the following demonstrations:
_____(1) Demonstrate that the waste or device is being exported for the purposes of recycling or disposal;
_____(2) Demonstrate that the importation of the waste or device is not prohibited by an applicable law in the state or country of destination and that any import will be conducted in accordance with all applicable laws. As part of this demonstration, required import and operating licenses, permits or other appropriate authorization documents shall be forwarded to the department;
_____(3) Demonstrate that the exportation of the waste or device is conducted in accordance with applicable United States or applicable international law; and
_____(4) Demonstrate that the waste or device will be managed within the country of destination only at facilities whose operations meet or exceed the binding decisions and implementing guidelines of the Organization for Economic Cooperation and Development for the environmentally sound management of the waste or device being exported, notwithstanding that the destination country is not a member of the Organization for Economic Cooperation and Development.
_____(c) This section does not apply to a component part of a covered electronic device that is exported to an authorized collector or recycler and that is reused or recycled into a new electronic component.
§22-15B-14. Electronic waste recovery payment schedule; coverage __of net cost for authorized collector to collect, __consolidate and transport covered electronic waste.
_____(a) On September 1, 2014, and on September 1 every two years thereafter, the department shall establish an electronic waste recovery payment schedule for covered electronic wastes generated in this state to cover the net cost for an authorized collector to operate a free and convenient system for collecting, consolidating and transporting covered electronic wastes generated in the state.
_____(b) The department shall make the electronic waste recovery payments either directly to an authorized collector or to a covered electronic waste recycler for payment to an authorized collector pursuant to this article.
§22-15B-15. Covered electronic waste recycling payment schedule; __coverage of net cost for recycler to receive, __process and recycle each major category or covered __electronic waste from authorized collector.
_____(a) Except as provided in subsection (b) of this section, on September 1, 2014, and on September 1 every two years thereafter, the department shall establish a covered electronic waste recycling payment schedule for covered electronic wastes generated in this state to cover the average net cost for an electronic waste recycler to receive, process and recycle each major category, as determined by the department, of covered electronic waste received from an authorized collector. The department shall make the electronic waste recycling payments to a covered electronic waste recycler pursuant to this article.
_____(b) Until the department adopts a payment schedule that covers the average net cost for an electronic waste recycler to receive, process and recycle each major category, as determined by the department, of covered electronic waste received from an authorized collector, the amount of the covered electronic waste recycling payment shall be equal to $.16 per pound of the total weight of covered electronic waste received from an authorized collector and subsequently processed for recycling.
§22-15B-16. Payment process; eligibility for payment.
_____(a) (1) For covered electronic waste collected for recycling on and after September 1, 2014, the department shall make electronic waste recovery payments and electronic waste recycling payments for the collection and recycling of covered electronic waste to an authorized collector or covered electronic waste recycler, respectively, upon receipt of a completed and verified invoice submitted to the department by an authorized collector or recycler in the form and manner determined by the department.
_____(2) To the extent authorized by section fourteen of this article, a covered electronic waste recycler shall make the electronic waste recovery payments to an authorized collector upon receipt of a completed and verified invoice submitted to the recycler by the authorized collector in the form and manner determined by the department.
_____(b) An e-waste recycler is eligible for a payment pursuant to this section only if the e-waste recycler demonstrates to the department that any facility used by the e-waste recycler for the handling, processing, refurbishment or recycling of covered electronic devices meets all of the following standards:
_____(1) The facility has been inspected by the department within the past twelve months and found to be operating in conformance with all applicable laws, rules and ordinances;
_____(2) The facility has a valid certification issued by an accredited company for certifying recyclers under the Responsible Recycling (R2) Practice for Use in Accredited Certification Programs for Electronic Recyclers;
_____(3) The facility is accessible during normal business hours for unannounced inspections by state or local agencies; and
_____(4) The facility has health and safety, employee training and environmental compliance plans and certifies compliance with the plans.
§22-15B-17. Compliance with chapter by prospective bidders; __violations.
_____(a) (1) A state agency that purchases or leases covered electronic devices shall require each prospective bidder to certify that it, and its agents, subsidiaries, partners, joint venturer and subcontractors for the procurement, have complied with this article and rules adopted pursuant to this article or to demonstrate that this article is inapplicable to all lines of business engaged in by the bidder, its agents, subsidiaries, partners, joint venturers or subcontractors.
_____(2) The certification requirement set forth in subdivision (1) of this subsection does not apply to credit card purchases of goods of $2,500 or less. The total amount of exemption authorized herein shall not exceed $7,500 per year for each company from which a state agency is purchasing goods by credit card. It is the responsibility of each state agency to monitor the use of this exemption and adhere to these restrictions on these purchases.
_____(b) Failure to provide certification pursuant to this section shall render the prospective bidder and its agents, subsidiaries, partners, joint venturers and subcontractors ineligible to bid on the procurement of covered electronic devices.
_____(c) The bid solicitation documents shall specify that the prospective bidder is required to cooperate fully in providing reasonable access to its records and documents that evidence compliance with this article.
_____(d) Any person awarded a contract by a state agency that is found to be in violation of this section is subject to all or any of the following sanctions:
_____(1) The contract shall be voided by the state agency to which the equipment, materials or supplies were provided;
_____(2) The contractor is ineligible to bid on any state contract for a period of three years; or
_____(3) If the Attorney General establishes in the name of the people of the State of West Virginia that any money, property or benefit was obtained by a contractor as a result of violating this section, the court may, in addition to any other remedy, order the forfeiture of the unlawfully obtained money, property or benefit in the interest of justice.
§22-15B-18. Article not to be implemented under certain _____circumstances.
_____(a) Except as provided in section nineteen of this article, the department may not implement this article if either of the following occur:
_____(1) A federal law or a combination of federal laws, takes effect and does all of the following:
_____(A) Establishes a program for the collection, recycling and proper disposal of covered electronic waste that is applicable to all covered electronic devices sold in the United States;
_____(B) Provides revenues to the state to support the collection, recycling and proper disposal of covered electronic waste in an amount that is equal to or greater than the revenues that would be generated by the fees imposed under this article; and
_____(C) Requires covered electronic device manufacturers, retailers, handlers, processors and recyclers to dispose of those devices in a manner that is in compliance with all applicable federal, state and local laws and prohibits the devices from being exported for disposal in a manner that poses a significant risk to the public health or the environment; or
_____(2) A trial court issues a judgment which is not appealed or an appellate court issues an order affirming a judgment of a trial court, holding that out-of-state manufacturers or retailers, or both, may not be required to collect the fee authorized by this article. The out-of-state manufacturers or retailers, or both, shall continue to collect the fee during the appellate process.
_____(b) Except as provided in subsection (c) of this section, the provisions of this article become inoperative on the date that either of the events described in subsection (a) of this section occurs and, if both occur, the earlier date.
_____(c) On the date specified in subsection (b) of this section, the provisions of this article remain operative only for the collection of fees, the liability for which accrues prior to that date, making refunds, effecting credits, the disposition of moneys collected and commencing an action or proceeding pursuant to this article.
_____NOTE: The purpose of this bill is to create a comprehensive recycling program for electronic devices which is funded by consumer fees on electronic devices at time of purchase and administered by the Department of Environmental Protection with rule-making authority.
This article is new; therefore, it has been completely underscored.
