Oklahoma Computer Equipment Recovery Act

BILL SUMMARY MEASURE: Committee Substitute for Engrossed SB 1631 AUTHORS: Representative Ron Peterson and Senator Paddack SUBJECT: The Oklahoma Computer Equipment Recovery Act PROVISIONS: Section 1. New Law. Specifies that the act will be named the “Oklahoma Computer Equipment Recovery Act.” Section 2. New Law. Provides legislative findings declaring that computers and computer monitors are indispensible to the state’s economy, but that the implementation of a statewide program to properly dispose of or recycle used computers and computer accessories is needed for the protection of the state’s environment. Section 3. New Law. Provides key definitions part icularly defining the devices subject to the Act. Also defines “department” as the Department of Environmental Quality and “covered device” as a desktop or notebook computer or a computer monitor no longer of use to a consumer. Section 4. New Law. Encourages manufacturers to offer collection and recovery services to address the collection, recycling and reuse of computers and other electronic equipment not covered by the Act. Section 5. New Law. Requires that manufacturers not sale any “covered device” which is not labeled with the manufacturer’s brand. Also requires that manufacturers establish a recovery plan providing for collection services that are reasonably convenient and available to the consumers of the state. Section 6. New Law. Provides that a retailer shall not sell covered devices unless the devices are labeled in accordance with Section 5 of the Act and the manufacturer of the covered devices are included on the state list of manufacturers with recovery plans. Section 7. New Law. Provides that the Department of Environmental Quality assist in educating consumers about collection and recovery services for covered devices and requires the Department to create a website providing consumers with information about recovery services. Also enables the Department to promulgate rules necessary for the implementation of the Act. Section 8. New Law. Provides that consumers are responsible for the data contained on a covered device that is recovered by the manufacturer. Section 9. New Law. Provides that the collection and recovery of covered devices occur in a manner that is in compliance with all applicable federal, state, and local laws. Section 10. New Law. Provides that no state agen cy shall contract for the purchase of covered electronic devices manufactured by an entity that is not on the Department of Environmental Quality’s list of registered manufacturers offering recovery services. Section 11. New Law. Provides that the Act is not intended to exempt any person or corporate entity from liability otherwise arising under applicable law. Section 12. Provides effective date. EFFECTIVE DATE: January 1, 2009. PREPARED BY: Dusty Darr, Research Analyst DATE: April 9, 2008