Maryland Statewide Computer Recycling Pilot Program / Electronics Recycling

UNOFFICIAL COPY OF HOUSE BILL 575 M3 5lr1689 ____________________________________________________________________________________ By: Delegates Morhaim, Bobo, McIntosh, and Montgomery Introduced and read first time: February 4, 2005 Assigned to: Environmental Matters _____________________________________________________________________________________ Committee Report: Favorable with amendments House action: Adopted Read second time: M arch 25, 2005 _____________________________________________________________________________________ CHAPTER_______ 1 AN ACT concerning 2 Environment - Statewide Computer Recycling Pilot Program 3 FOR the purpose of authorizing a count y to address methods for the separate 4 collection and recycling of computers in a certain recycling plan; requiring 5 certain reductions in a county's solid waste stream attributable to the 6 implementation of certain methods to count towar ds certain required 7 reductions; establishing the Statewide Computer Recycling Pilot Program in the 8 Department of the Environment; requiring the Office of Recycling in the 9 Department of the Environment to administer the Program; autho rizing 10 requiring , on or after a certain date, dates, certain computer manufacturers to 11 submit to the Department a certain environmental compliance plan; requiring 12 the Department, upon certain determinations, to certify and renew the 13 certification of a manufacturer's plan; establishing a State Computer Recycling 14 fee; requiring, on or before a certain date, the Department to establish the fee in 15 regulation; requiring, on or after a certain date, retailers to collect t he fee on the 16 sale of certain computers; providing for the administration of the fee; 17 establishing the Statewide Computer Recycling Fund to support the 18 development of computer recycling systems throughout the State registration 19 and fee; establishing a computer manufacturer registration fee; requiring the 20 fee to be deposited into the State Recycling Trust Fund; providing for the 21 administration of the Fund; requiring certain balances in the Fund to revert to 22 th e General Fund; authorizing certain expenditures from the Fund; requiring, 23 on or before a certain date, the Department to conduct a certain study regarding 24 the disposal and recycling of cathode ray tubes and review the effectiveness of 25 the Program established by this Act and submit a certain report to certain 26 committees; providing for the termination of certain provisions of this Act ; 27 requiring the Department to adopt certain regulations; defining certain terms; 28 and generally relating to the Statewide Computer Recycling Pilot Program. 2 UNOFFICIAL COPY OF HOUSE BILL 575 1 BY repealing and reenacting, with amendments, 2 Article - Environment 3 Section 9-1701, 9 -1702(d) , 9 -1703, and 9 -1707(f) 4 Annotated Code of Maryland 5 (1996 Replacement Volume and 2004 Supplement) 6 BY adding to 7 Article - Environment 8 Section 9 -1727 through 9-1731 9-1730, inclusive, to be under the new part 9 "Part IV. Statewide Computer Recycling Pilot Program" 10 Annotated Code of Maryland 11 (1996 Replacement Volume and 2004 Supplement) 12 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF 13 MARYLAND, That the Laws of Maryland read as follo ws: 14 Article - Environment 15 9-1701. 16 (a) In this subtitle the following words have the meanings indicated. 17 (b) "Compost" means the product of composting in accordance with the 18 standards established by the Secretary of Agriculture under § 6 -221 of the 19 Agriculture Article. 20 (c) "Composting" means the controlled biological decomposition of organic 21 waste material in accordance with the standards established by the Secretary under 22 this title. 23 (D) (1) "COMPUTER" MEANS A DESKTOP PERSONAL COMPUTER OR LAPTOP 24 COMPUTER, INCLUDING THE COMPUTER MONITOR. 25 (2) "COMPUTER" DOES NOT INCLUDE: 26 (I) A PERSONAL DIGITAL ASSISTANT DEVICE; 27 (II) A COMPUTER PERIPHERAL DEVICE, INCLUDING: 28 1. A MOUSE OR OTHER SIMILAR POINTING DEVICE; 29 2. A PRINTER; OR 30 3. A DETACHABLE KEYBOARD. 31 (E) "COMPUTER TAKEBACK PROGRAM" MEANS A PROGRAM, ESTABLISHED BY 32 A COMPUTER MANUF ACTURER, FOR THE COLLECTION AND RECYCLING, 33 REFURBISHING, OR REUSE OF A COMPUTER LABELED WITH THE NAME OF THE 34 MANUFACTURER OR THE MANUFACTURER'S BRAND LABEL, INCLUDING: 3 UNOFFICIAL COPY OF HOUSE BILL 575 1 (1) PROVIDING, AT NO COST TO THE RETURNER, A METHOD OF 2 RETURNING A COMPUTER TO THE MANUFACTURER, INCLUDING POSTAGE PAID 3 MAILING PACKAGES OR DESIGNATED COLLECTION POINTS THROUGHOUT THE 4 STATE; 5 (2) CONTRACTING WITH A RECYCLER, LOCAL GOVERNMENT, OTHER 6 MANUFACTURER, OR ANY OTHER PERSON; OR 7 (3) ANY OTHER PROGRAM APPROVED BY THE DEPARTMENT. 8 [(d)] (F) "Director" means the Director of the Office of Recycling. 9 (G) "MANUFACTURER" MEANS THE CORPORATION OR OTHER LEGAL ENTITY 10 THAT IS THE BRAND OWNER OR IMPORTER OF A COMPUTER SOLD IN THE STATE. 11 [(e)] (H) (1) "Natural wood waste" means tree and other natural vegetative 12 refuse. 13 (2) "Natural wood waste" includes tree stumps, brush and limbs, root 14 mats, logs, and other natural vegetative material. 15 [(f)] (I) (1) "Natural wood waste recycling facility" means a facility where 16 recycling services for natural wood waste are provided. 17 (2) "Natural wood waste recycling facility" does not include a collection 18 or processing facility operated by: 19 (i) A nonprofit or governmental organization located in the State; 20 or 21 (ii) A single individual or business that provides recycling services 22 for its own emplo yees or for its own recyclable materials generated on its own 23 premises. 24 [(g)] (J) "Office" means the Office of Recycling within the Department. 25 [(h)] (K) "Recyclable materials" means those materials that: 26 (1) Would otherwise become solid waste for disposal in a refuse disposal 27 system; and 28 (2) May be collected, separated, or processed and returned to the 29 marketplace in the form of raw materials or products. 30 [(i)] (L) (1) "Recycling" means any process in which materials that would 31 otherwise become solid waste are collected, separated, or processed and returned to 32 the marketplace in the form of raw materials or products. 33 (2) "Recycling" includes composti ng. 4 UNOFFICIAL COPY OF HOUSE BILL 575 1 [(j)] (M) "Recycling services" means the services provided by persons engaged 2 in the business of recycling, including the collection, processing, storage, purchase, 3 sale, or disposition of re cyclable materials. 4 [(k)] (N) "Resource recovery facility" means a facility in existence as of 5 January 1, 1988 that: 6 (1) Processes solid waste to produce valuable resources, including steam, 7 electricity, metals, or refuse -deriv ed fuel; and 8 (2) Achieves a volume reduction of at least 50 percent of its solid waste 9 stream. 10 [(l)] (O) (1) "Solid waste stream" means garbage or refuse that would, 11 unless recycled, be disposed of in a refuse disposal system located in this State. 12 (2) "Solid waste stream" does not include: 13 (i) Hospital waste; 14 (ii) Rubble; 15 (iii) Scrap material; 16 (iv) Land clearing debris; 17 (v) Sewage sludge; or 18 (vi) Waste generated by a single individual or business and disposed 19 of in a facility dedicated solely for that entity's waste. 20 [(m)] (P) "White goods" includes: 21 (1) Refrigerators; 22 (2) Stoves; 23 (3) Washing machines; 24 (4) Dryers; 25 (5) Water heaters; and 26 (6) Air conditioners. 27 [(n)] (Q) (1) "Yard waste" means organic plant waste derived from 28 gardening, landscaping, and tree trimming activities. 29 (2) "Yard waste" includes leaves, garden waste, lawn cuttings, weeds, 30 and prunings. 5 UNOFFICIAL COPY OF HOUSE BILL 575 1 9 -1702. 2 (d) The Office shall: 3 (1) Assi st the counties in developing an acceptable recycling plan 4 required under § 9 -1703 of this subtitle and § 9 -505 of this title, including technical 5 assistance to the local governments; 6 (2) Coordinate the efforts of the State to facilita te the implementation of 7 the recycling goals at the county level; [and] 8 (3) Review all recycling plans submitted as part of a county plan as 9 required under § 9 -505 of this title and advise the Secretary on the adequacy of the 10 rec ycling plan; AND 11 (4) ADMINISTER THE STATEWIDE COMPUTER RECYCLING PROGRAM 12 UNDER PART IV OF THIS SUBTITLE. 13 9-1703. 14 (a) Each county shall submit a recycling plan to the Secretary for approval 15 when the county submits its county plan to the Secretary in accordance with the 16 provisions of § 9 -505 of this title. 17 (b) In preparing the recycling plan as required in § 9 -505 of this title, the 18 county shall address: 19 (1) Methods to meet the solid waste stream reduction; 20 (2) The feasibility of source separation of the solid waste stream 21 generated within the county; 22 (3) The recyclable materials to be separated; 23 (4) The strategy for the collec tion, processing, marketing, and disposition 24 of recyclable materials, including the cost -effective use of recycling centers; 25 (5) Methods of financing the recycling efforts proposed by the county; 26 (6) Methods for the separate collect ion and composting of yard waste; 27 (7) The feasibility of a system for the composting of mixed solid wastes; 28 (8) The feasibility of a system for the collection and recycling of white 29 goods; 30 (9) The separate collection of oth er recyclable materials; and 31 (10) Any other alternative methods of recycling that will attain or exceed 32 the solid waste stream reduction goals determined by the county. 6 UNOFFICIAL COPY OF HOUSE BILL 575 1 (C) (1) IN PREPARING THE RECYCLING PLAN AS REQUIRED UNDER § 9 -505 2 OF THIS TITLE, THE COUNTY MAY ADDRESS METHODS FOR THE SEPARATE 3 COLLECTION AND RECYCLING OF COMPUTERS, INCLUDING EFFORTS BY THE 4 COUNTY TO ESTABLISH PARTNERSHIPS WITH COMPUTER MANUFA CTURERS, 5 RECYCLERS, RETAILERS, OR OTHER LOCAL GOVERNMENTS FOR THE COLLECTION 6 AND RECYCLING OF COMPUTERS. 7 (2) IF A COUNTY ELECTS TO ADDRESS METHODS FOR THE SEPARATE 8 COLLECTION AND RECYCLING OF COMPUTERS IN ITS RECYCLING PLAN, ANY 9 REDUCTION IN THE COUNTY'S SOLID WASTE STREAM ATTRIBUTABLE TO THE 10 IMPLEMENTATION OF THE METHODS SHALL COUNT TOWARDS THE COUNTY'S 11 REQUIRED REDUCTION THROUGH RECYCLING OF THE SOLID WASTE STREAM UNDER 12 § 9 -505 OF THIS TITLE. 13 [(c) ] (D) A county that achieves a reduction of at least 5 percent in the volume 14 of its waste through the utilization of 1 or more resource recovery facilities in 15 operation as of January 1, 1988 shall be considered to have achieved a reduction by 16 recycling of 5 percent of its solid waste stream. 17 [(d)] (E) In preparing a recycling plan, a county may not calculate a tax or 18 mandatory deposit on any beverage container that is enacted by a county or 19 municipality to achieve the recycling goals required under § 9 -505 of this title. 20 [(e)] (F) For the purpose of determining weight, the Department may not 21 preclude the use of portable weigh scales. 22 9-1707. 23 (f) (1) There is a State Recycling Trust Fund. 24 (2) The Fund shall consist of [net proceeds from the]: 25 (i) [Newsprint] THE NEWSPRINT recycling incentive fee; [and] 26 (ii) [Telephone] THE TELEPHONE directory recycling incentive fee 27 collected under § 9 -1709 of this subtitle ; 28 (III) THE COMPUTER MANUFACTURER REGISTRATION FEE 29 COLLECTED UNDER § 9 -1728 OF THIS SUBTITLE; 30 (IV) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 31 AND 32 (V) ANY OTHER MONEY FROM ANY OTHER SOURCE ACCEPTED FOR 33 THE BENEFIT OF THE FUND. 34 (3) THE SECRETARY SHALL ADMINISTER THE FUND. 35 (4) THE TREASURER SHALL HOLD THE FUND SEPARATELY AND THE 36 COMPTROLLER SHALL ACCOUNT FOR THE FUND. 7 UNOFFICIAL COPY OF HOUSE BILL 575 1 (5) AT THE EN D OF EACH FISCAL YEAR, ANY UNSPENT OR 2 UNENCUMBERED BALANCE IN THE FUND SHALL REVERT TO THE GENERAL FUND OF 3 THE STATE IN ACCORDANCE WITH § 7 -302 OF THE STATE FINANCE AND 4 PROCUREMENT ARTICLE. 5 [(4)] (6) [The] IN ACCORDANCE WITH THE STATE BUDGET, THE Fund 6 shall be used only: 7 (i) To provide grants to the counties to be used by the counties to 8 develop and implement local recycling plans; [and] 9 (II) TO PROVIDE GRANTS TO COUNTIES THAT HAVE ADDRESSED 10 METHODS FOR THE SEPARATE COLLECTION AND RECYCLING OF COMPUTERS IN 11 ACCORDANCE WITH § 9 -1703(C)(1) OF THIS SUBTITLE; 12 (III) TO PROVIDE GRANTS TO MUNICIPALITIES TO BE USED BY THE 13 MUN ICIPALITIES TO IMPLEMENT LOCAL COMPUTER RECYCLING PROGRAMS; AND 14 [(ii)] (IV) To carry out the purposes of the Office of Recycling under 15 this subtitle. 16 (7) (I) THE TREASURER SHALL INVEST THE MONEY IN THE FUND IN 17 THE SAME MANNER AS OTHER STATE MONEY MAY BE INVESTED. 18 (II) ANY INVESTMENT EARNINGS OF THE FUND SHALL BE 19 CREDITED TO THE GENERAL FUND OF THE STATE. 20 9 -1725. RESERVED. 21 9 -1726. RESERVED. 22 PART IV. STATEWIDE COMPUTER RECYCLING PILOT PRO GRAM. 23 9-1727. 24 (A) THIS SECTION APPLIES TO A MANUFACTURER THAT MANUFACTURED AN 25 AVERAGE OF MORE THAN 1,000 COMPUTERS PER YEAR IN THE IMMEDIATELY 26 PRECEDING 3 -YEAR PERIOD. 27 (B) ON OR AFTER JANUARY 1, 2006 , A MANUFACTURER MAY NOT SELL OR 28 OFFER FOR SALE TO ANY PERSON IN THE STATE A NEW COMPUTER UNLESS: 29 (1) THE COMPUTER IS LABELED WITH THE NAME OF THE 30 MANUFACTURER OR THE MANUFACTURER'S BRAND LABEL; AND 31 (2) THE MANUFACTURER HAS RE GISTERED WITH AND SUBMITTED A 32 REGISTRATION FEE TO THE DEPARTMENT AS PROVIDED UNDER THIS PART. 33 9-1728. 34 (A) A COMPUTER MANUFACTURER'S REGISTRATION SHALL INCLUDE: 8 UNOFFICIAL COPY OF HOUSE BILL 575 1 (1) THE BRAND NAMES UNDER WHICH THE MANUFACTURER SELLS OR 2 OFFERS FOR SALE COMPUTERS IN THE STATE; 3 (2) WHETHER THE MANUFACTURER HAS IMPLEMENTED A COMPUTER 4 TAKEBACK PROGRAM; 5 (3) IF THE MANUFACTURER HAS IMPLEMENTED A COMPUTER 6 TAKEBACK PROGRAM: 7 (I) A TOLL -FREE NUMBER OR WEBSITE ADDRESS THAT PROVIDES 8 INFORMATION ABOUT THE TAKEBACK PROGRAM, INCLUDING A DETAILED 9 DESCRIPTION OF HOW A PERSON MAY RETURN A COMPUTER FOR RECYCLING, 10 REFURBISHING, OR REUSE; AND 11 (II) ONE YEAR AFTER THE IMPLEMENTATION OF THE PROGRAM 12 AND EACH YEAR THEREAFTER, A REPORT ON THE IMPLEMENTATION OF THE 13 PROGRAM DURING THE PRIOR YEAR, INCLUDING: 14 1. THE TOTAL WEIGHT OF THE COMPUTERS RECEIVED BY 15 THE PROGRAM FROM MARYLA ND DURING THE PRIOR YEAR; 16 2. THE TOTAL NUMBER OF COMPUTERS FROM MARYLAND 17 RECYCLED, REFURBISHED, AND REUSED DURING THE PRIOR YEAR; AND 18 3. THE PROCESSES AND METHODS USED TO RECYCLE, 19 REFURBISH, OR REUSE THE COMPUTERS RECEIVED FROM MARYLAND; AND 20 (4) ANY ADDITIONAL INFORMATION REQUIRED BY THE DEPARTMENT IN 21 REGULATION. 22 (B) THE REGISTRATION SHALL: 23 (1) BE SUBMITTED TO THE DEPARTMENT BY JANUARY 1 OF EACH YEAR; 24 AND 25 (2) IF THE MANUFACTURE R HAS IMPLEMENTED A COMPUTER 26 TAKEBACK PROGRAM, BE UPDATED PRIOR TO ANY SIGNIFICANT CHANGE IN THE 27 PROGRAM. 28 (C) THE COMPUTER MANUFACTURER REGISTRATION FEE IS: 29 (1) $5,000 FOR THE INITIAL REGISTRATION BY THE MANUFACTURER; 30 (2) (I) $5,000 FOR EACH SUBSEQUENT ANNUAL REGISTRATION BY A 31 MANUFACTURER THAT DID NOT HAVE AN IMPLEMENTED COMPUTER TAKEBACK 32 PROGRAM IN THE PRIOR YEAR; OR 33 (II) $500 FOR EACH SUBSEQUENT ANNUAL REGISTRATION BY A 34 MANUFACTURER THAT H AD AN IMPLEMENTED COMPUTER TAKEBACK PROGRAM IN 35 THE PRIOR YEAR; 9 UNOFFICIAL COPY OF HOUSE BILL 575 1 (3) SUBMITTED TO THE DEPARTMENT BY JANUARY 1 OF EACH YEAR; 2 AND 3 (4) PAID INTO THE STATE RECYCLING TRUST FUND. 4 (D) (1) THE DEPARTMENT SHALL: 5 (I) REVIEW THE REGISTRATION SUBMITTED UNDER THIS 6 SECTION; AND 7 (II) IF THE REGISTRATION DOES NOT MEET THE REQUIREMENTS 8 OF THIS SECTION AND THE REGULATIONS ADOPTED BY THE DEPARTMENT UNDER 9 THI S SUBTITLE, NOTIFY THE MANUFACTURER OF THE INSUFFICIENCY. 10 (2) WITHIN 60 DAYS AFTER RECEIPT OF A NOTICE OF INSUFFICIENCY, 11 THE MANUFACTURER SHALL SUBMIT A REVISED REGISTRATION THAT ADDRESSES 12 THE INSUFFICIENCIES NOTED BY THE DEPARTMENT. 13 9-1729. 14 THE DEPARTMENT MAY ADOPT REGULATIONS NECESSARY TO IMPLEMENT THE 15 PROVISIONS OF THIS SUBTITLE, INCLUDING THE REQUIRED COMPONENTS OF A 16 COMPUTER TAKEBACK PROGRAM. 17 9-1730. 18 THE PROVISIONS AND PENALTIES OF § 9 -342 OF THIS TITLE SHALL BE USED 19 AND SHALL APPLY TO ENFORCE VIOLATIONS OF THIS PART. 20 PART IV. STATEWIDE COMPUTER RECYCLING PROGRAM. 21 9-1727. 22 (A) IN THIS PART THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED. 23 (B) (1) "COMPUT ER" MEANS A DESKTOP COMPUTER, PERSONAL COMPUTER, 24 OR LAPTOP COMPUTER. 25 (2) "COMPUTER" DOES NOT INCLUDE: 26 (I) A PERSONAL DIGITAL ASSISTANT DEVICE; OR 27 (II) A COMPUTER PERIPHERAL DEVICE, INCLUDING: 28 1. A MOUSE OR OTHER SIMILAR POINTING DEVICE; 29 2. A PRINTER; OR 30 3. A DETACHABLE KEYBOARD. 10 UNOFFICIAL COPY OF HOUSE BILL 575 1 (C) "MANUFACTURER" MEANS THE CORPORATION OR OTHER LEGAL ENTITY 2 THAT IS THE BRAND OWNER OR IMP ORTER OF A COMPUTER SOLD IN THE STATE. 3 (D) "RECYCLING SYSTEM" MEANS THE COLLECTION, PACKAGING, 4 TRANSPORTATION, AND RECYCLING OF A COMPUTER THAT HAS BEEN DISCARDED. 5 9-1728. 6 (A) ON OR AFTER JANUARY 1, 2006, A MANUFACTURER MAY SUB MIT AN 7 ENVIRONMENTAL COMPLIANCE PLAN FOR COMPUTERS TO THE DEPARTMENT. 8 (B) THE ENVIRONMENTAL COMPLIANCE PLAN SHALL INCLUDE: 9 (1) A DESCRIPTION OF THE ACTIONS TAKEN AND PLANNED BY THE 10 MANUFACTURER TO DESIGN ITS COMPUTERS SO THAT THE COMPUTER IS: 11 (I) EASILY BROKEN DOWN INTO RECYCLABLE COMPONENTS; AND 12 (II) CONTAINS THE LEAST ACHIEVABLE AMOUNT OF HAZARDOUS 13 MATERIALS; 14 (2) A DESCRIPTION OF ANY COMPUTER RECYCLING OR REUSE EFFORTS 15 CONDUCTED OR SUPPORTED BY THE MANUFACTURER, INCLUDING RECYCLING 16 CONTRACTS WITH BUSINESSES LOCATED IN THE STATE; AND 17 (3) ANY INFORMATION REQUIRED BY THE DEPARTMENT IN 18 REGULA TION. 19 (C) (1) AFTER REVIEW OF THE MANUFACTURER'S ENVIRONMENTAL 20 COMPLIANCE PLAN, IF THE DEPARTMENT DETERMINES THAT IMPLEMENTATION BY 21 THE MANUFACTURER OF THE PLAN WILL SIGNIFICANTLY REDUCE THE AMOUNT OF 22 COMPUTER WASTE ENTERING THE S OLID WASTE STREAM, THE DEPARTMENT SHALL 23 CERTIFY THE MANUFACTURER'S PLAN. 24 (2) A CERTIFICATION GRANTED OR RENEWED UNDER THIS SECTION IS 25 VALID FOR 2 YEARS. 26 (3) (I) PRIOR TO THE EXPIRATION OF THE CERTIFICATION, A 27 MANUFACTURE R MAY APPLY TO THE DEPARTMENT FOR A CERTIFICATION 28 RENEWAL. 29 (II) THE APPLICATION FOR RENEWAL SHALL INCLUDE: 30 1. DETAILS OF THE MANUFACTURER'S IMPLEMENTATION OF 31 THE ORIGINAL ENVIRONMENTAL COMPLIANCE PLAN; AND 32 2. ANY INFORMATION REQUIRED BY THE DEPARTMENT IN 33 REGULATION. 11 UNOFFICIAL COPY OF HOUSE BILL 575 1 9-1729. 2 (A) THERE IS A STATE COMPUTER RECYCLING FEE. 3 (B) THE FEE SHALL BE: 4 (1) ON OR BEFORE JULY 1, 2006, ESTABLISHED IN REGULATION BY THE 5 DEPARTMENT AT A LEVEL THAT ENSURES FUNDING SUFFICIENT TO IMPLEMENT 6 AND OPERATE THE STATEWIDE COMPUTER RECYCLING PROGRAM ESTABLISHED 7 UNDER THIS PART; 8 (2) ON OR AFTER JULY 1, 2006, IF THE COMPUTER'S MANUFACTURER 9 DOES NOT HAVE A CERTIFIED ENVIRONMENTAL COMPLIANCE PLAN FOR 10 COMPUTERS, IMPOSED ON THE FIRST SALE OF A NEW COMPUTER BY A RETAILER TO 11 A CONSUMER IN THE STATE; AND 12 (3) COLLECT ED BY THE RETAILER AT THE TIME OF THE SALE. 13 (C) ON OR BEFORE THE 21ST DAY OF THE MONTH THAT FOLLOWS THE MONTH 14 IN WHICH THE SALE WAS MADE, THE RETAILER SHALL SUBMIT TO THE 15 COMPTROLLER OF THE TREASURY: 16 (1) AN ACCOUNTING, UNDER PE NALTIES OF PERJURY, OF ANY FEES 17 COLLECTED UNDER THIS SECTION; AND 18 (2) ANY FEES COLLECTED, LESS THE ADMINISTRATIVE COSTS 19 AUTHORIZED UNDER SUBSECTION (D) OF THIS SECTION. 20 (D) A RETAILER WHO TIMELY SUBMITS AN ACCOUNTING OF THE FEES 21 COLLECTED AND PAID IS ALLOWED, FOR THE EXPENSE OF ADMINISTERING THE 22 COLLECTION AND PAYMENT OF THE FEES, A CREDIT EQUAL TO 1.2% OF THE GROSS 23 AMOUNT OF THE STATE COMPUTER RECYCLING FEE S THAT THE RETAILER IS TO PAY 24 TO THE COMPTROLLER. 25 (E) IF THE AMOUNT OF THE STATE COMPUTER RECYCLING FEE IS 26 SEPARATELY STATED IN A RETAIL SALE, THE FEE IS NOT SUBJECT TO ANY TAX 27 UNDER TITLE 11 OF THE TAX - GENERAL ARTICLE. 28 (F) AT THE END OF EACH QUARTER, THE COMPTROLLER SHALL FORWARD 29 ALL STATE COMPUTER RECYCLING FEES TO THE STATEWIDE COMPUTER RECYCLING 30 FUND, LESS THE COSTS OF ADMINISTRATION. 31 9-1730. 32 (A) THERE IS A STATEWIDE COMPUTER RECYCLING FUND. 33 (B) THE PURPOSE OF THE FUND IS TO SUPPORT THE DEVELOPMENT OF 34 COMPUTER RECYCLING SYSTEMS THROUGHOUT THE STATE. 35 (C) THE DEPARTMENT SHALL ADMINISTER THE FUND. 12 UNOFFICIAL COPY OF HOUSE BILL 575 1 (D) (1) THE FUND IS A SPECI AL, NONLAPSING FUND THAT IS NOT SUBJECT 2 TO § 7 -302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 3 (2) THE TREASURER SHALL HOLD THE FUND SEPARATELY AND THE 4 COMPTROLLER SHALL ACCOUNT FOR THE FUND. 5 (E) THE FUND CONSISTS OF: 6 (1) REVENUES DISTRIBUTED TO THE FUND UNDER § 9 -1729 OF THIS 7 PART; 8 (2) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; AND 9 (3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACCEPTED FOR THE 10 BENEFIT OF THE FUND. 11 (F) IN ACC ORDANCE WITH THE STATE BUDGET, THE FUND MAY BE USED 12 ONLY FOR: 13 (1) COSTS INCURRED IN CONDUCTING PUBLIC OUTREACH TO EDUCATE 14 THE PUBLIC ON: 15 (I) THE IMPORTANCE OF RECYCLING COMPUTERS; AND 16 (II) SITES WHERE COMPUTERS MAY BE RECYCLED; 17 (2) FOR ACTIVITIES RELATED TO COMPUTER RECYCLING PROGRAMS, 18 INCLUDING RESEARCH, PLANNING, MONITORING, PUBLIC EDUCATION, AND MARKET 19 DEVELOPMENT, AND FOR ASSOCIATED ADMINISTRATIVE COSTS; AND 20 (3) TO PROVIDE GRANTS TO LOCAL GOVERNMENTS FOR COSTS RELATED 21 TO THE IMPLEMENTATION OF COUNTY OR REGIONAL COMPUTER RECYCLING 22 SYSTEMS. 23 (G) (1) THE TREASURER SHALL INVEST THE MONEY IN THE FUND IN THE 24 SAME MANNER AS OTHER STATE MONEY MAY BE INVESTED. 25 (2) ANY INVESTMENT EARNINGS OF THE FUND SHALL BE CREDITED TO 26 THE GENERAL FUND OF THE STATE. 27 (H) (1) SUBJECT TO § 2 -1246 OF THE STATE GOVERNMENT ARTICLE, THE 28 DEPARTMENT SHALL PROVIDE THE STANDING COMMITTEES OF THE M ARYLAND 29 GENERAL ASSEMBLY WITH PRIMARY JURISDICTION OVER THE PROVISIONS OF THIS 30 PART WITH A STATUS REPORT ON THE FUND ON OR BEFORE NOVEMBER 1 OF EACH 31 YEAR. 32 (2) THE REPORT SHALL INCLUDE AN ACCOUNTING OF ALL MONEY 33 EXPENDED FOR EACH OF THE PURPOSES SPECIFIED IN SUBSECTION (F) OF THIS 34 SECTION. 13 UNOFFICIAL COPY OF HOUSE BILL 575 1 9-1731. 2 THE SECRETARY SHALL ADOPT REGULATIONS THAT: 3 (1) ESTABLISH PROCEDURES FOR THE SUBMISSION AND CRITERIA FOR 4 THE CERTIFICATION OF A MANUFACTURER'S ENVIRONMENTAL COMPLIANCE PLAN 5 SUBMITTED UNDER § 9 -1728 OF THIS SUBTITLE; 6 (2) ESTABLISH PROCEDURES FOR THE APPLICATION FOR AND CRITERIA 7 FOR THE AWARDING OF GRANTS UNDER § 9 -1730 OF THIS SUBTITLE; AND 8 (3) CARRY OUT THE PROVISIONS OF THIS PART. 9 SECTION 2. AND BE IT FURTHER ENACTED, That the Department of the 10 Environment shall study and compare the environmental and public health impacts 11 of dispo sing of and recycling cathode ray tubes and review the effectiveness of the 12 Program established under Part IV of Subtitle 9 of the Environment Article in 13 diverting computers and computer monitors from disposal in landfills in the State 14 an d, on or before December 1, 2008, report the findings to the Senate Education, 15 Health, and Environmental Affairs Committee and the House Environmental Matters 16 Committee in accordance with § 2 -1246 of the State Government Article. 17 SECTIO N 3. AND BE IT FURTHER ENACTED, That this Act shall take 18 effect July 1, 2005. Section 1 of this Act shall remain effective for a period of 5 years 19 and 6 months and, at the end of December 31, 2010, with no further action required 20 by the General Assembly, Section 1 of this Act shall be abrogated and of no further 21 force and effect. 22 SECTION 2. 4. AND BE IT FURTHER ENACTED, That this Act shall take 23 effect July 1, 2005.