WVSB-746Enacted

West Virginia Covered Electronic Devices Takeback Program

Jurisdiction:
West Virginia
Type:
EPR
Last action:
Jan 1, 2008
Electronics
Next steps for producers

Register with West Virginia Department of Environmental Protection

West Virginia Department of Environmental Protection →
Manufacturer registration and takeback; covers computers, monitors, TVs.
Compliance Dimensions
Eco-ModulationModulated on: Whether the manufacturer has implemented a covered electronic device takeback or recycling program (reduces annual registration fee from $5,000 to $500 for subsequent years; reduces initial fee from $10,000 to $3,000)

“(c) The covered electronic device manufacturer registration fee is: (1) $10,000 for the initial registration by the manufacturer that has not implemented a takeback program and is due no later than January 1, 2009; (2) $3,000 for the initial registration by the manufacturer that has implemented a takeback program and is due no later than January 1, 2009; (3) $5,000 for each subsequent annual registration by a manufacturer that did not have an implemented covered electronic device takeback program in the prior year; and (4) $500 for each subsequent annual registration by a manufacturer that had implemented and maintained a covered electronic device takeback program in the prior year.”

Fees10000 USD Flat — Initial registration — manufacturer without takeback program; 3000 USD Flat — Initial registration — manufacturer with takeback program; 5000 USD Flat — Subsequent annual registration — manufacturer without takeback program in prior year

“(c) The covered electronic device manufacturer registration fee is: (1) $10,000 for the initial registration by the manufacturer that has not implemented a takeback program and is due no later than January 1, 2009; (2) $3,000 for the initial registration by the manufacturer that has implemented a takeback program and is due no later than January 1, 2009; (3) $5,000 for each subsequent annual registration by a manufacturer that did not have an implemented covered electronic device takeback program in the prior year; and (4) $500 for each subsequent annual registration by a manufacturer that had implemented and maintained a covered electronic device takeback program in the prior year.”

Bans & RestrictionsCovered electronic devices sold or leased by unregistered manufacturers (Sales Ban), 2009

“(a) Each manufacturer wishing to sell or lease covered electronic devices shall register with the secretary no later than January 1, 2009, and each year thereafter.”

Full bill text

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The secretary shall provide a registration form which at a minimum shall include: (1) The name, address and telephone number of the manufacturer; (2) The brand names under which the manufacturer sells or offers for sale covered electronic devices or televisions in the state; (3) Whether the manufacturer has implemented a takeback or recycling program for its covered electronic devices or televisions or both; (4) If the manufacturer has implemented a takeback or recycling program for its covered electronic devices, the manufacturer must provide a toll-free number and website address that provides information about the takeback or recycling program, including a detailed description of how a person may return a covered electronic device for recycling, refurbishing or reuse. (5) The secretary may request additional information necessary to further the goals of this program. (b) One year after the implementation of the program and each year thereafter, the manufacturer must submit a report to the secretary on the implementation of the program during the prior year, including: (1) The total weight of covered electronic devices received by the program from West Virginia during the prior year; (2) The total number of covered electronic devices from West Virginia recycled, refurbished and reused during the prior year either by actual count or by using average product weights; (3) The processes and methods used to recycle, refurbish or reuse the covered electronic devices received from West Virginia; and (4) If the manufacturer has implemented a covered electronic device or television takeback program, be updated prior to any significant change in the program. (c) The covered electronic device manufacturer registration fee is: (1) $10,000 for the initial registration by the manufacturer that has not implemented a takeback program and is due no later than January 1, 2009; (2) $3,000 for the initial registration by the manufacturer that has implemented a takeback program and is due no later than January 1, 2009; (3) $5,000 for each subsequent annual registration by a manufacturer that did not have an implemented covered electronic device takeback program in the prior year; and (4) $500 for each subsequent annual registration by a manufacturer that had implemented and maintained a covered electronic device takeback program in the prior year. (d) All registration fees collected shall be deposited in a special account in the state Treasury to be known as the Covered Electronic Devices Takeback Fund which is to be administered by the secretary. Expenditures from the fund shall be for recycling grants to counties and municipalities for recycling or other programs that divert covered electronic devices from the waste stream and for the secretary's administrative expense in administering the requirements of this section and sections twenty-four, twenty-six, twenty-seven and twenty-eight of this article. Expenditures are not authorized from collections but are to be made only in accordance with the appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon fulfillment of the provisions of article two, chapter eleven-b of this code: Provided, That for the fiscal year ending June 30, 2009, expenditures are authorized from collections rather than pursuant to appropriation by the Legislature. (e) The secretary shall review the registration submitted under this section. If the registration does not meet the requirements of this section and the rules adopted by the secretary, the secretary shall notify the manufacturer of the insufficiency. (f) Within sixty days after receipt of a notice of insufficiency, the manufacturer shall submit a revised registration that addresses the insufficiencies noted by the secretary. (g) The secretary shall maintain a list of registered covered electronic device manufacturers. (h) The secretary shall publish the list of registered covered electronic device manufacturers online to provide retailers easy access to the manufacturers authorized to sell their products in this state. Previous §22-15A-24. Covered manufacturers; prohibited sales; effective date. §22-15A-25. Manufacturer registration; registration fees; creating the Covered Electronic Devices Takeback Fund. Next §22-15A-26. Manufacturers' takeback programs. Loading Articles 0.0045578479766846 Bill History For §22-15A-25 2008 Regular Session SB746 Signed Bills For §22-15A-25 2008 Regular Session Enrolled Committee Substitute for Senate Bill 746 Search Search in all Chapters Search in Chapter 1 Search in Chapter 2 Search in Chapter 3 Search in Chapter 4 Search in Chapter 5 Search in Chapter 5A Search in Chapter 5B Search in Chapter 5C Search in Chapter 5D Search in Chapter 5E Search in Chapter 5F Search in Chapter 5G Search in Chapter 5H Search in Chapter 6 Search in Chapter 6A Search in Chapter 6B Search in Chapter 6C Search in Chapter 6D Search in Chapter 7 Search in Chapter 7A Search in Chapter 8 Search in Chapter 8A Search in Chapter 9 Search in Chapter 9A Search in Chapter 10 Search in Chapter 11 Search in Chapter 11A Search in Chapter 11B Search in Chapter 12 Search in Chapter 13 Search in Chapter 14 Search in Chapter 15 Search in Chapter 15A Search in Chapter 16 Search in Chapter 16A Search in Chapter 16B Search in Chapter 17 Search in Chapter 17A Search in Chapter 17B Search in Chapter 17C Search in Chapter 17D Search in Chapter 17E Search in Chapter 17F Search in Chapter 17G Search in Chapter 17H Search in Chapter 18 Search in Chapter 18A Search in Chapter 18B Search in Chapter 18C Search in Chapter 19 Search in Chapter 20 Search in Chapter 21 Search in Chapter 21A Search in Chapter 22 Search in Chapter 22A Search in Chapter 22B Search in Chapter 22C Search in Chapter 23 Search in Chapter 24 Search in Chapter 24A Search in Chapter 24B Search in Chapter 24C Search in Chapter 24D Search in Chapter 24E Search in Chapter 24F Search in Chapter 25 Search in Chapter 26 Search in Chapter 27 Search in Chapter 28 Search in Chapter 29 Search in Chapter 29A Search in Chapter 29B Search in Chapter 29C Search in Chapter 30 Search in Chapter 31 Search in Chapter 31A Search in Chapter 31B Search in Chapter 31C Search in Chapter 31D Search in Chapter 31E Search in Chapter 31F Search in Chapter 31G Search in Chapter 31H Search in Chapter 31I Search in Chapter 31J Search in Chapter 32 Search in Chapter 32A Search in Chapter 32B Search in Chapter 33 Search in Chapter 34 Search in Chapter 35 Search in Chapter 35A Search in Chapter 36 Search in Chapter 36A Search in Chapter 36B Search in Chapter 37 Search in Chapter 37A Search in Chapter 37B Search in Chapter 37C Search in Chapter 38 Search in Chapter 39 Search in Chapter 39A Search in Chapter 39B Search in Chapter 40 Search in Chapter 41 Search in Chapter 42 Search in Chapter 43 Search in Chapter 44 Search in Chapter 44A Search in Chapter 44B Search in Chapter 44C Search in Chapter 44D Search in Chapter 45 Search in Chapter 46 Search in Chapter 46A Search in Chapter 46B Search in Chapter 47 Search in Chapter 47A Search in Chapter 47B Search in Chapter 48 Search in Chapter 49 Search in Chapter 50 Search in Chapter 51 Search in Chapter 52 Search in Chapter 53 Search in Chapter 54 Search in Chapter 55 Search in Chapter 56 Search in Chapter 57 Search in Chapter 58 Search in Chapter 59 Search in Chapter 60 Search in Chapter 60A Search in Chapter 60B Search in Chapter 61 Search in Chapter 62 Search in Chapter 63 Search in Chapter 64 Searches are case insensitive. 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