Vermont Electronic Waste / E-Cycles Program

VT LEG 256468.1 No. 79. An act relating to the recycling and disposal of electronic waste. (S.77) It is hereby enacted by the General Assembly of the State of Vermont: Sec. 1. LEGISLATIVE FINDINGS The general assembly finds: (1) According to the U.S. Environmental Protection Agency, discarded computers, computer monitors, televisions, and other consumer electronics— collectively referred to as e-waste—are the fastest growing portion of the waste stream, growing by approximately eight percent from 2004 to 2005. (2) Televisions, computers, computer monitors, and printers are prevalent in modern society and contribute significantly to the waste generated in Vermont. (3) Televisions, computers, computer monitors, and printers contain lead, mercury, and other hazardous substances that pose a threat to human health and the environment if improperly disposed of at the end of the useful life of these products. (4) The state of Vermont has committed to providing its citizens with a safe and healthy environment and has actively undertaken efforts such as mercury reduction programs to reduce the potential for contamination. (5) The appropriate recycling of televisions, computers, computer monitors, and printers protects public health and the environment by reducing the potential for the release of heavy metals and mercury from landfills into the No. 79 Page 2 VT LEG 256468.1 environment, consistent with other state initiatives, and also conserving valuable landfill space. (6) The establishment of a system to provide for the collection and recycling of televisions, computers, computer monitors, and printers in Vermont is consistent with the state’s duty to protect the health, safety, and welfare of its citizens; maintain and enhance the quality of the environment; conserve natural resources; prevent pollution of air, water, and land; and stimulate economic growth. Sec. 2. 10 V.S.A. chapter 166 is added to read: CHAPTER 166. COLLECTION AND RECYCLING OF ELECTRONIC DEVICES § 7551. DEFINITIONS For the purposes of this chapter: (1) “Agency” means the agency of natural resources. (2) “Cathode-ray tube” means a vacuum tube or picture tube used to convert an electronic signal into a visual image. (3) “Collection” means the aggregation of electronic waste from covered entities and includes all the activities up to the time the electronic waste is delivered to a recycler. (4) “Collector” means a public or private entity that receives covered electronic devices from covered entities and arranges for the delivery of the devices to a recycler. No. 79 Page 3 VT LEG 256468.1 (5) “Computer” means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions, including a laptop computer, desktop computer, and central processing unit. “Computer” does not include an automated typewriter or typesetter or other similar device. (6) “Computer monitor” means a display device without a tuner that can display pictures and sound and is used with a computer. (7) “Computer peripheral” means a keyboard or any other device sold exclusively for external use with a computer that provides input or output into or from a computer. (8) “Covered electronic device” means a: computer; computer monitor; device containing a cathode ray tube; printer; or television sold to a covered entity. “Covered electronic device” does not include: any motor vehicle or any part thereof; a camera or video camera; a portable or stationary radio; a wireless telephone; a household appliance, such as a clothes washer, clothes dryer, water heater, refrigerator, freezer, microwave oven, oven, range, or dishwasher; equipment that is functionally or physically part of a larger piece of equipment intended for use in an industrial, research and development, or commercial setting; security or anti-terrorism equipment; monitoring and control instruments or systems; thermostats; hand-held transceivers; a telephone of any type; a portable digital assistant or similar device; a calculator; a global positioning system receiver or similar navigation device; No. 79 Page 4 VT LEG 256468.1 commercial medical equipment that contains a cathode ray tube, a cathode ray tube device, a flat panel display, or similar video display that is not separate from the larger piece of equipment; or other medical devices, as the term “device” is defined under 21 U.S.C. § 321(h) of the Federal Food, Drug, and Cosmetic Act, as that section is amended from time to time. (9) “Covered entity” means any household, charity, or school district in the state; or a business in the state that employs ten or fewer individuals. (10) “Electronic waste” means a: computer; computer monitor; computer peripheral; device containing a cathode ray tube; printer; or television sold to a covered entity. “Electronic waste” does not include: any motor vehicle or any part thereof; a camera or video camera; a portable or stationary radio; a wireless telephone; a household appliance, such as a clothes washer, clothes dryer, water heater, refrigerator, freezer, microwave oven, oven, range, or dishwasher; equipment that is functionally or physically part of a larger piece of equipment intended for use in an industrial, library, research and development, or commercial setting; security or antiterrorism equipment; monitoring and control instruments or systems; thermostats; handheld transceivers; a telephone of any type; a portable digital assistant or similar device; a calculator; a global positioning system receiver or similar navigation device; commercial medical equipment that contains a cathode ray tube, a cathode ray tube device, a flat panel display, or similar video display that is not separate from the larger piece of equipment; or other medical devices, as the No. 79 Page 5 VT LEG 256468.1 term “device” is defined under 21 U.S.C. § 321(h) of the Federal Food, Drug, and Cosmetic Act, as that section is amended from time to time. (11) “Manufacturer” means a person who: (A) Manufactures or manufactured a covered electronic device under its own brand or label for sale in the state; (B) Sells in the state under its own brand or label covered electronic devices produced by another supplier; (C) Owns a brand that it licenses or licensed to another person for use on a covered electronic device sold in the state; (D) Imports into the United States for sale in the state a covered electronic device manufactured by a person without a presence in the United States; (E) Manufactures covered electronic devices for sale in the state without affixing a brand name; or (F) Assumes the responsibilities, obligations, and liabilities of a manufacturer as defined under subdivisions (A) through (E) of this subdivision (11), provided that the secretary may enforce the requirements of this chapter against a manufacturer if a person who assumes the manufacturer’s responsibilities fails to comply with the requirements of this chapter. (12) “Market share” means a “manufacturer’s market share” which shall be the manufacturer’s percentage share of the total weight of covered electronic devices sold in the state as determined by the best available No. 79 Page 6 VT LEG 256468.1 information, which may include an estimate of the aggregate total weight of the manufacturer’s covered electronic devices sold in the state during the previous program year based on national sales data. (13) “Printer” means desktop printers, multifunction printer copiers, and printer fax combinations taken out of service that are designed to reside on a work surface, and include various print technologies, including without limitation laser and LED (electrographic), ink jet, dot matrix, thermal, and digital sublimation, and “multi-function” or “all-in-one” devices that perform different tasks, including copying, scanning, faxing, and printing. “Printer” does not include floor-standing printers, printers with an optional floor stand, point of sale (POS) receipt printers, household printers such as a calculator with printing capabilities or label makers, or nonstand-alone printers that are embedded into products that are not covered electronic products. (14) “Program year” means the period from July 1 through June 30. (15) “Recycler” means a person who accepts electronic waste from covered entities and collectors for the purpose of recycling. A person who takes products solely for reuse, refurbishment, or repair is not a recycler. (16) “Recycling” means the process of collecting and preparing electronic wastes for use in manufacturing processes or for recovery of useable materials followed by delivery of such materials for use. Recycling does not include destruction by incineration; waste-to-energy incineration, or other such processes; or land disposal. No. 79 Page 7 VT LEG 256468.1 (17) “Retailer” means a person who sells, rents, or leases covered electronic devices to a person in the state, through any means, including sales outlets, catalogues, the telephone, the Internet, or any electronic means. (18) “Sell” or “sale” means any transfer for consideration of title or of the right to use by lease or sales contract of a covered electronic device to a person in the state. “Sell” or “sale” does not include the sale, resale, lease, or transfer of used covered electronic devices or a manufacturer’s or a distributor’s wholesale transaction with a distributor or a retailer. (19) “Television” means any telecommunications system or device containing a cathode ray tube or other type of display system with a viewable area of greater than four inches when measured diagonally that can broadcast or receive moving pictures and sound over a distance and includes a television tuner or a display device peripheral to a computer that contains a television tuner. (20) “Transporter” means a person that moves electronic waste from a collector to a recycler. § 7552. STANDARD ELECTRONIC WASTE RECYCLING PLAN (a) Standard plan adoption. Beginning January 1, 2011, the secretary shall adopt a plan for the collection and recycling of all electronic waste in the state. In developing the plan, the secretary shall evaluate existing electronic waste collection opportunities and services in each county to determine whether such opportunities and services are adequate. In making an adequacy No. 79 Page 8 VT LEG 256468.1 determination, the secretary shall consider the geography, population, and population density of each county. If, after completion of an adequacy review, the secretary determines that the collection opportunities in a county are: (1) inadequate, the secretary may require additional collection activities in that county. Additional collection activities may include additional collection facilities, collection events, or other collection activities identified by the secretary as necessary to achieve the statewide recycling goal. If the secretary requires additional collection activities, the secretary shall consider, as one of the criteria reviewed in selecting additional collection activities, the cost effectiveness of the additional collection activities in achieving the objective of convenient service. (2) adequate, and that additional collection opportunities are not required. (b) Standard plan minimum requirements. The standard plan shall: (1) Site at least three permanent facilities in each county for the collection of electronic waste from covered entities, unless the secretary determines that existing or proposed collection opportunities are not required, but in no case shall the secretary reduce the number of permanent facilities below one. (2) Site at least one permanent facility in each city or town with a population of 10,000 or greater for the collection of electronic waste from covered entities. No. 79 Page 9 VT LEG 256468.1 (3) Require electronic waste collection facilities to accept electronic waste at no cost to covered entities. (4) Ensure that each recycler used in implementing the plan complies with the recycling standards established under section 7559 of this title. (5) Ensure that during plan implementation a public information and outreach effort takes place to inform consumers about how to recycle their electronic waste at the end of the product’s life. (6) Require electronic waste collection facilities to be staffed, open on an ongoing basis, and open to the public at a frequency needed to meet the needs of the area being served. (7) Prohibit a collection facility from refusing to accept electronic waste delivered to the facility for recycling from a covered entity. (c) Plan evaluation. The secretary shall annually review and analyze the standard plan to determine if implementation of the standard plan achieves the statewide collection and recycling goal set forth under section 7555 of this title. The secretary may modify the plan based upon the results of that review. (d) Plan term. The secretary shall revise and adopt the standard plan every five years. (e) Public review and consultation. Prior to the approval or modification of the standard plan, the agency shall make the proposed standard plan available for public review and comment for at least 30 days. The agency shall consult with interested persons, including manufacturers, recyclers, collectors, No. 79 Page 10 VT LEG 256468.1 retailers, solid waste districts, and environmental groups. (f) Applicability. A collector, transporter, or recycler not included in a plan approved under this section or under a plan approved under section 7554 of this title shall not be subject to the requirements of this section or section 7554. § 7553. SALE OF COVERED ELECTRONIC DEVICES; MANUFACTURER REGISTRATION (a) Sale prohibited. Beginning July 1, 2010, no manufacturer shall sell or offer for sale or deliver to a retailer for subsequent sale a covered electronic device unless: (1) the manufacturer has filed the registration required by this section; (2)(A) beginning July 1, 2010, and annually thereafter, the manufacturer has paid the fee required by subsection (g) of this section; and (B) beginning July 1, 2011, and annually thereafter, if the manufacturer is covered under the standard plan, the manufacturer has paid the fee required by subsection (h) of this section. (3) the covered electronic device is labeled with the manufacturer’s brand or registered trademark and the label or trademark is permanently affixed and readily visible. (b) Manufacturer registration requirements. (1) The manufacturer shall file a registration form with the secretary. The secretary shall provide the registration form to a manufacturer. The registration form shall include: No. 79 Page 11 VT LEG 256468.1 (A) a list of the manufacturer’s brands of covered electronic devices offered for sale by the manufacturer in this state; (B) the name, address, and contact information of a person responsible for ensuring the manufacturer’s compliance with this chapter; (C) beginning July 1, 2011 and annually thereafter, a certification that the manufacturer is seeking coverage under the standard plan set forth under subsection (a) of this section or, under a plan approved under section 7554 of this title, is opting out of the standard plan; and (D) an estimate of the aggregate total weight of the manufacturer’s covered electronic devices sold during the previous program year based on national sales data. A manufacturer shall submit with the report required under this subsection a description of how the estimate was calculated. The data submitted under this subdivision shall be considered a trade secret for the purposes of subdivision 317(c)(9) of Title 1. (2) A renewal of a registration without changes may be accomplished through notifying the agency of natural resources on a form provided by the agency. (c) Registration prior to sale. A manufacturer who begins to sell or offer for sale covered electronic devices and has not filed a registration under this section or section 7554 of this title shall submit a registration to the agency of natural resources within ten days of beginning to sell or offer for sale covered electronic devices. No. 79 Page 12 VT LEG 256468.1 (d) Amendments to registration. A registration shall be amended within ten days after a change to any information included in the registration submitted by the manufacturer under this section. (e) Effective date of registration. A registration is effective upon receipt by the agency of natural resources of a complete registration form and payment of fees required by this section. Registration under this chapter shall be renewed annually. (f) Agency review of registration application. The agency of natural resources shall notify the manufacturer of any required information that is omitted from the registration. Upon receipt of a notification from the agency, the manufacturer shall submit a revised registration providing the information noted by the agency. (g)(1) Registration fee. Each manufacturer of a covered electronic device registered under this section shall pay to the secretary a fee: (A) For the program year beginning July 1, 2010, for manufacturers who sell in Vermont no more than 100 covered electronic devices, the fee shall be $1,250.00 and for all other manufacturers, the fee shall be $5,000.00. (B) For the program year beginning July 1, 2011 and annually thereafter, the fee shall be determined by multiplying the manufacturer’s market share by the cost to the agency of administering the electronic waste collection program under this chapter. (2) The fees collected under this subsection shall be deposited into the No. 79 Page 13 VT LEG 256468.1 electronic waste collection and recycling account of the waste management assistance fund. (h) Implementation fee. (1) For the program year of July 1, 2011, through June 30, 2012, each manufacturer that seeks coverage under the standard plan shall pay to the secretary an implementation fee that shall be assessed on a quarterly basis and that shall be determined by multiplying the manufacturer’s market share by the prior quarter’s cost of implementing the electronic waste collection and recycling program adopted under the standard plan. For purposes of this section, the electronic waste and recycling program includes collection, transportation, recycling, and the reasonable cost of contract administration. (2) Beginning with the program year starting July 1, 2012, a proposed methodology for calculating the implementation fee for manufacturers seeking coverage under the standard plan shall be included in the executive branch fee report and approved by the general assembly according to the requirements of subchapter 6 of chapter 7 of Title 32. (3) The fee collected under this subsection shall be deposited into the electronic waste collection and recycling account of the waste management assistance fund. (4) For purposes of reimbursing the solid waste management account in full for all funds transferred to the electronic waste collection and recycling assistance account for implementation of the electronic waste collection and No. 79 Page 14 VT LEG 256468.1 recycling program, the secretary, under subdivision (1) or (2) of this subsection, may assess against a manufacturer registered and operating under the standard plan set forth in section 7552 of this title a charge in addition to the manufacturer’s prorated share of the costs of implementing the electronic waste collection and recycling program. (5) At the end of each program year, the secretary shall review the total costs of collection and recycling for the program year and shall reapportion the implementation fee assessed under this subsection to accurately reflect the actual cost of the program and the manufacturer’s market share of covered electronic devices sold in the state during the program year. (i) Exemption. A manufacturer who sells less than 20 covered electronic devices in Vermont in a program year is exempt from the requirements of this section. § 7554. MANUFACTURER OPT-OUT; INDIVIDUAL PLAN (a) Opt-out of standard plan. A manufacturer or group of manufacturers may elect not to seek coverage under the standard plan established under section 7552 of this title, provided that the manufacturer or group of manufacturers complies with the requirements of subdivisions 7553(a)(1)–(3) and submits an individual plan to the secretary for approval that: (1) Provides for each county the number of collection methods identified in the standard plan adopted under section 7552 of this title. No. 79 Page 15 VT LEG 256468.1 (2) Describes the collection, transportation, and recycling systems and service providers used, including a description of how the authority or authorized party will: (A) Seek to use businesses within the state, including retailers, charities, processors, and collection and transportation services, to fulfill its program goal under this section; (B) Fairly compensate collectors for providing collection services; and (C) Fairly compensate recyclers for providing recycling services. (3) Describes how the plan will provide service to covered entities. (4) Describes the processes and methods used to recycle electronic waste, including a description of the processing that will be used and the facility location. (5) Documents the audits of each recycler used in the plan and compliance with recycling standards established under section 7559 of this title. (6) Describes the accounting and reporting systems that will be employed to track progress toward the plan’s equivalent share. (7) Includes a time line describing start-up, implementation, and progress toward milestones with anticipated results. (8) Includes a public information campaign to inform consumers about how to recycle their electronic waste at the end of the product’s life. No. 79 Page 16 VT LEG 256468.1 (b) Manufacturer program goal. An individual plan submitted under this section shall be implemented to ensure satisfaction of the manufacturer’s electronic waste program goal. The electronic waste recycling program goal for a manufacturer that submits a plan under this section shall be the product of the relevant statewide recycling goal set forth in subsection 7555(a) of this title multiplied by the manufacturer’s market share of covered electronic devices. A manufacturer that submits a plan under this section may only count electronic waste received from covered entities toward the program goal set forth in this section. (c) Collection from covered entities. A manufacturer that submits a plan under this section or a collector operating on behalf of a manufacturer that submits a plan under this section shall not charge a fee to covered entities for the collection, transportation, or recycling of electronic waste. (d) Public review and consultation. Prior to approval of a plan under this section, the agency shall make the manufacturer’s proposed plan available for public review and comment for at least 30 days. (e) Collection facilities. If a manufacturer that submits a plan under this section is required to implement a collection facility, the collection facility shall be staffed, open on an ongoing basis, and open to the public at a frequency approved by the secretary in order to meet the needs of the area being served. A collection facility implemented under this section shall be prohibited from refusing or rejecting acceptance of electronic waste delivered No. 79 Page 17 VT LEG 256468.1 to the facility for recycling. (f) Annual report. Beginning August 1, 2012, a manufacturer that submits a plan under this section shall report by August 1, and annually thereafter, to the secretary the following: (1) the type of electronic waste collected; (2) the aggregate total weight of electronic waste the manufacturer recycled by type during the preceding program year; (3) a list of recyclers utilized by the manufacturer; (4) a description of the processes and methods used to recycle the electronic waste; and (5) a summary of the educational and outreach activities undertaken by the manufacturer. (g)(1) Parity surcharge. A manufacturer that submits a plan under this section shall be assessed a surcharge if the lesser of the following occurs: (A) the manufacturer accepts less than the program goal set forth in subsection (b) of this section; or (B) the manufacturer accepts less than its market share portion of the total of electronic waste collected in the state. (2) The surcharge shall be calculated by multiplying the average per pound of cost to the secretary for the current program year to implement the standard plan plus 20 percent by the number of additional pounds of electronic waste that should have been accepted by the manufacturer. The surcharges No. 79 Page 18 VT LEG 256468.1 collected under this section shall be deposited into the electronic waste collection and recycling account of the waste management assistance fund and used to offset the costs of program implementation. (h) Effective date of plan approval. A plan submitted under this section shall not be approved until the secretary determines that the plan will provide a functionally equivalent level of electronic waste collection and recycling as the standard plan and that all the requirements of this section have been met. (i) Amendments to plan. An amendment to an individual plan approved under this section shall not take effect until approved by the secretary. (j) Opt-in to standard plan. At the completion of any program year, a manufacturer approved under this section may seek coverage under the standard plan adopted under section 7552 of this title. § 7555. STATEWIDE RECYCLING GOAL (a) Statewide recycling goal. (1) For the program year of July 1, 2011, to June 30, 2012, the statewide recycling goal for electronic waste shall be the product of the U.S. Census Bureau’s 2010 population estimate for the state multiplied by 5.5 pounds. (2) For the program year of July 1, 2012, to June 30, 2013, the statewide recycling goal for electronic waste shall be the product of the U.S. Census Bureau’s 2010 population estimate for the state multiplied by 6.0 pounds. (3) For the program year of July 1, 2013, to June 30, 2014, and annually thereafter, the statewide recycling goal for all electronic waste shall be the No. 79 Page 19 VT LEG 256468.1 product of the base weight multiplied by the goal attainment percentage. (b) Base weight. For purposes of this section, “base weight” means the average weight of all electronic waste reported as collected under this chapter during the previous two program years. (c) Goal attainment percentage. For purposes of this section, “goal attainment percentage” means, for each type of product: (1) 90 percent if the base weight is less than 90 percent of the statewide recycling goal for the previous calendar year; (2) 95 percent if the base weight is 90 percent or greater, but not more than 95 percent of the statewide recycling goal for the previous calendar year; (3) 100 percent if the base weight is 95 percent or greater, but not more than 105 percent of the statewide recycling goal for the previous calendar year; (4) 105 percent if the base weight is 105 percent or greater, but not more than 110 percent of the statewide recycling goal for the previous calendar year; or (5) 110 percent if the base weight is 110 percent or greater of the statewide recycling goal. § 7556. RETAILER OBLIGATIONS (a) Sale prohibited. Beginning July 1, 2010, no retailer shall sell or offer for sale a covered electronic device unless the covered electronic device is labeled by the manufacturer as required by subdivision 7553(a)(3) of this title, and the retailer has reviewed the website required in subdivision 7559(6) of No. 79 Page 20 VT LEG 256468.1 this title to determine that the labeled manufacturers of all new covered electronic devices that the retailer is offering for sale are registered with the agency of natural resources. (b) Expiration or revocation of manufacturer registration. A retailer shall not be responsible for an unlawful sale under this subdivision if the manufacturer was not registered or the manufacturer’s registration expired or was revoked if the retailer took possession of the covered electronic device prior to July 1, 2010 or prior to the expiration or revocation of the manufacturer’s registration, and the unlawful sale occurred within six months after the expiration or revocation. (c) Customer information. Beginning July 1, 2011, a retailer who sells new covered electronic devices shall provide information to customers describing where and how they may recycle electronic waste and advising them of opportunities and locations for the convenient collection of electronic waste for the purpose of recycling. This requirement may be met by the posting of signs provided under the standard plan or a plan approved under section 7554 of this title that includes a warning that electronic waste shall not be disposed of in a solid waste facility and that provides a toll-free number or website address regarding proper disposal of covered electronic devices. § 7557. RECYCLER PROGRAM RESPONSIBILITY (a)(1) Recycler registration. Beginning July 1, 2011, no person may recycle electronic waste at a facility located within the state unless that person No. 79 Page 21 VT LEG 256468.1 has submitted a registration with the agency of natural resources on a form prescribed by the agency. A registration is effective upon receipt by the agency and is valid for a period not to exceed five years. An electronics recycling facility registered under this section is not required to obtain a solid waste certification pursuant to chapter 159 of this title. Registration information shall include: (A) the name, address, telephone number, and location of all recycling facilities under the direct control of the recycler that may receive electronic waste; (B) evidence that the financial assurance requirements of section 6611 of this title have been satisfied. (2) A registration shall be amended within ten days after a change to any information included in the registration submitted by the recycler under this section. (b) Recycler’s reporting requirements. Beginning August 1, 2012, a recycler of electronic waste shall report by August 1, and annually thereafter, to the agency of natural resources on a form provided by the agency: the type of electronic waste collected; the total weight of electronic waste recycled during the preceding program year; and whether electronic waste was collected under the standard or an approved individual plan. In the annual report, the recycler shall certify that the recycler has complied with the electronic management guidelines developed under subdivision 7559(7) of this title. No. 79 Page 22 VT LEG 256468.1 § 7558. COLLECTOR AND TRANSPORTER PROGRAM RESPONSIBILITY (a)(1) Collector and transporter registration. Beginning July 1, 2011, no person may operate as a collector or transporter of electronic waste unless that person has submitted a registration with the agency of natural resources on a form prescribed by the agency. A registration is effective upon receipt by the agency and is valid for a period not to exceed five years. An electronics collector or transporter registered under this section shall not be required to obtain a solid waste certification or a solid waste hauler permit pursuant to chapter 159 of this title. (2) A registration shall be amended within ten days after a change to any information included in the registration submitted by the collector under this section. (3) Beginning August 1, 2012, a collector of electronic waste shall report by August 1, and annually thereafter, to the agency of natural resources on a form provided by the agency: the type of electronic waste collected; the total weight of electronic waste recycled during the preceding program year; and whether electronic waste was collected under the standard or an approved individual plan. (b) Transporter reporting requirements. Beginning August 1, 2012, a transporter of electronic waste not destined for recycling in Vermont shall report annually by August 1 to the agency of natural resources the total pounds No. 79 Page 23 VT LEG 256468.1 of electronic waste collected and whether electronic waste was collected under the standard or an approved individual plan. § 7559. AGENCY OF NATURAL RESOURCES RESPONSIBILITIES The agency of natural resources shall: (1) Adopt and administer the standard plan required under section 7552 of this title. (2) Establish procedures for: (A) the registration and certifications required under this chapter; and (B) making the registrations and certifications required under this chapter easily available to manufacturers, retailers, and members of the public. (3) Collect the data submitted under this chapter. (4) Annually review data submitted under this chapter to determine whether any of the variables in the statewide recycling goal should be changed. The agency shall submit recommended changes to the senate and house committees on natural resources and energy. (5) Beginning February 15, 2012, annually report to the senate and house committees on natural resources and energy, the house committee on ways and means, the senate committee on finance, and the senate and house committees on appropriations regarding the implementation of this chapter. Prior to submitting this report, the secretary shall share it with interested persons. For each program year, the report shall provide the total weight of electronic waste recycled. The report shall also summarize the various No. 79 Page 24 VT LEG 256468.1 collection programs used to collect electronic waste; information regarding electronic waste that is being collected by persons outside a plan approved under this chapter; and information about electronic waste, if any, being disposed of in landfills in this state. The report shall include an accounting of the cost of the program, the governor’s estimated budget for the program for the next relevant fiscal year, and a summary of the funding sources for the program. The agency may include in its report other information regarding the implementation of this chapter and may recommend additional incentives to increase the rate of recycling. (6) Maintain a website that includes the names of manufacturers with current, valid registrations; the manufacturers’ brands listed in registrations filed with the agency. The agency shall update the website information within 10 days of receipt of a complete registration. (7) In consultation with interested parties, establish guidelines for the environmentally sound management of consumer electronics, including specific requirements for collectors, transporters, and recyclers. (8) Identify approved transporters, collectors, and recyclers. § 7560. ADMINISTRATION OF ELECTRONIC WASTE RECYCLING PROGRAM (a) The secretary of natural resources may contract for implementation and administration of the standard plan required under section 7552 of this title No. 79 Page 25 VT LEG 256468.1 and, in so doing, shall comply with the agency of administration’s current contracting procedures. (b) In contracting for implementation and administration of the standard plan, the secretary shall review the costs incurred by similar electronic waste collection and recycling programs in other states. The secretary in his or her discretion may reopen the standard plan if bids received in response to a request for proposal exceed the average cost of collection and recycling incurred by similar electronic waste collection and recycling programs in other states. § 7561. OTHER RECYCLING PROGRAMS A municipality or other public agency may not require covered entities to use public facilities to recycle their electronic waste to the exclusion of other lawful programs available. A municipality and other public agencies are encouraged to work with manufacturers to assist them in meeting their recycling obligations under this chapter. Nothing in this chapter prohibits or restricts the operation of any program recycling electronic waste in addition to those provided by manufacturers or prohibits or restricts any persons from receiving, collecting, transporting, or recycling electronic waste, provided that those persons are registered as required under this chapter. § 7562. MULTISTATE IMPLEMENTATION The agency of natural resources or a contracted entity under section 7560 of this title is authorized to participate in the establishment of a regional No. 79 Page 26 VT LEG 256468.1 multistate organization or compact to assist in carrying out the requirements of this chapter. § 7563. LIMITATIONS If a federal law or combination of federal laws takes effect that is applicable to all covered electronic devices sold in the United States and establishes a program for the collection and recycling or reuse of covered electronic devices that is applicable to all covered electronic devices, the agency shall evaluate whether the federal law provides a solution that is equal to or better than the program established under this chapter. The agency shall report its findings to the general assembly. § 7564. RULEMAKING The secretary of natural resources may adopt rules to implement the requirements of this chapter. Sec. 3. 10 V.S.A. § 6618 is amended to read: § 6618. WASTE MANAGEMENT ASSISTANCE FUND (a) There is hereby created in the state treasury a fund to be known as the waste management assistance fund, to be expended by the secretary of the agency of natural resources. The fund shall have two three accounts: one for solid waste management assistance and, one for hazardous waste management assistance, and one for electronic waste collection and recycling assistance. The hazardous waste management assistance account shall consist of a percentage of the tax on hazardous waste under the provisions of 32 V.S.A. No. 79 Page 27 VT LEG 256468.1 chapter 237, as established by the secretary, the toxics use reduction fees under subsection 6628(j) of this title, and appropriations of the general assembly. In no event shall the amount of the hazardous waste tax which is deposited to the hazardous waste management assistance account exceed 40 percent of the annual tax receipts. The solid waste management assistance account shall consist of the franchise tax on waste facilities assessed under the provisions of subchapter 13 of chapter 151 of Title 32, and appropriations of the general assembly. The electronic waste collection and recycling account shall consist of the program and implementation fees required under section 7553 of this title. All balances in the fund accounts at the end of any fiscal year shall be carried forward and remain a part of the fund accounts, except as provided in subsection (e) of this section. Interest earned by the fund shall be deposited into the appropriate fund account. Disbursements from the fund accounts shall be made by the state treasurer on warrants drawn by the commissioner of finance and management. * * * (d) The secretary shall annually allocate from the fund accounts the amounts to be disbursed for each of the functions described in subsections (b) and, (c), and (f) of this section. The secretary, in conformance with the priorities established in this chapter, shall establish a system of priorities within each function when the allocation is insufficient to provide funding for all eligible applicants. No. 79 Page 28 VT LEG 256468.1 * * * Sec. 4. 10 V.S.A. § 6621a(a) is amended to read: (a) In accordance with the following schedule, no person shall knowingly dispose of the following solid waste in landfills: * * * (8) Banned electronic devices. After January 1, 2011, computers; peripherals; computer monitors; cathode ray tubes; televisions; printers; personal electronics such as personal digital assistants and personal music players; electronic game consoles; printers; fax machines; wireless telephones; telephones; answering machines; videocassette recorders; digital versatile disc players; digital converter boxes; stereo equipment; and power supply cords (as used to charge electronic devices). Sec. 5. 10 V.S.A. § 8003(a) is amended to read: (a) The secretary may take action under this chapter to enforce the following statutes: * * * (18) 10 V.S.A. chapter 164, relating to comprehensive mercury management; and (19) 24 V.S.A. chapter 61, subchapter 10, relating to salvage yards; and (20) 10 V.S.A. chapter 166, relating to collection and recycling of electronic waste. No. 79 Page 29 VT LEG 256468.1 Sec. 6. 10 V.S.A. § 8503(a) is amended to read: (a) This chapter shall govern all appeals of an act or decision of the secretary, excluding enforcement actions under chapters 201 and 211 of this title and rulemaking, under the following authorities and under the rules adopted under those authorities: (1) The following provisions of this title: * * * (P) chapter 166 (collection and recycling of electronic waste). Sec. 6a. SUNSET 10 V.S.A. § 7559(5) (ANR annual report to general assembly regarding electronic waste collection and recycling program) shall be repealed February 16, 2014. Sec. 6b. ELECTRONIC WASTE COLLECTION AND RECYCLING PROGRAM FUNDING (a) Beginning in fiscal year 2012, the governor’s proposed budget for the agency of natural resources shall include a line item, including the source of the funds, for the electronic waste collection and recycling activities required under chapter 166 of Title 10. (b) The secretary of natural resources may transfer funds within the waste management assistance fund from the solid waste management assistance account to the electronic waste collection and recycling assistance account to pay the initial costs incurred by the agency of natural resources in the first No. 79 Page 30 VT LEG 256468.1 quarter of the program year beginning July 1, 2011, in implementing the electronic waste collection and recycling requirements of chapter 166 of Title 10. In no case shall the unencumbered balance of the solid waste management assistance account following a transfer under this subsection be less than $300,000.00. (c) On or before January 15, 2012, the secretary of natural resources shall reimburse the solid waste management account in full for all funds transferred from the solid waste management account to the environmental contingency fund under 10 V.S.A. § 6618(f) for implementation of the electronic waste collection and recycling program under chapter 166 of Title 10. (d) On or before February 15, 2011, the secretary of natural resources shall provide the house and senate committees on natural resources, the house committee on ways and means, the senate committee on finance, and the senate and house committees on appropriations with a summary of the status of the secretary’s development of the electronic waste collection and recycling standard plan under 10 V.S.A. § 7552 and of the status of any request for proposal to implement the standard plan. Sec. 6c. ANR DISBURSEMENTS; APPROPRIATIONS (a) In fiscal years 2011 and 2012, the secretary of natural resources may authorize disbursements from the electronic waste collection and recycling account within the waste management assistance fund for the purpose of No. 79 Page 31 VT LEG 256468.1 paying the costs of administering and implementing the electronic waste collection program set forth under chapter 166 of Title 10. (b) In addition to any other funds appropriated to the agency of natural resources in fiscal year 2011, there is appropriated from the general fund to the agency $50,000.00 in fiscal year 2011 for the purpose of administering and implementing the electronic waste collection and recycling program under chapter 166 of Title 10. Sec. 7. EFFECTIVE DATE This act shall take effect upon passage. Approved: April 19, 2010