An Act to require producer responsibility for collection, reuse and recycling of discarded electronic products

1 of 1 HOUSE DOCKET, NO. 2145 FILED ON: 2/16/2021 HOUSE . . . . . . . . . . . . . . . No. 979 The Commonwealth of Massachusetts _________________ PRESENTED BY: Steven C. Owens and David M. Rogers _________________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act to require producer responsibility for collection, reuse and recycling of discarded electronic products. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: DATE ADDED: Steven C. Owens 29th Middlesex 2/16/2021 David M. Rogers 24th Middlesex 2/25/2021 Brian W. Murray 10th Worcester 2/24/2021 Tommy Vitolo 15th Norfolk 2/25/2021 Maria Duaime Robinson 6th Middlesex 2/25/2021 Jason M. Lewis Fifth Middlesex 2/25/2021 Lindsay N. Sabadosa 1st Hampshire 2/25/2021 Tricia Farley-Bouvier 3rd Berkshire 2/26/2021 James K. Hawkins 2nd Bristol 2/26/2021 David Allen Robertson 19th Middlesex 2/26/2021 Michelle L. Ciccolo 15th Middlesex 2/26/2021 Jessica Ann Giannino 16th Suffolk 2/26/2021 James B. Eldridge Middlesex and Worcester 2/26/2021 Joanne M. Comerford Hampshire, Franklin and Worcester 3/4/2021 Mindy Domb 3rd Hampshire 7/18/2021 Danillo A. Sena 37th Middlesex 1/25/2022 1 of 22 HOUSE DOCKET, NO. 2145 FILED ON: 2/16/2021 HOUSE . . . . . . . . . . . . . . . No. 979 By Messrs. Owens of Watertown and Rogers of Cambridge, a petition (accompanied by bill, House, No. 979) of Steven C. Owens, David M. Rogers and others for legislation to require producer responsibility for the collection, reuse and recycling of discarded electronic products. Environment, Natural Resources and Agriculture. [SIMILAR MATTER FILED IN PREVIOUS SESSION SEE HOUSE, NO. 797 OF 2019-2020.] The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Second General Court (2021-2022) _______________ An Act to require producer responsibility for collection, reuse and recycling of discarded electronic products. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 SECTION 1. The General Laws are hereby amended by inserting after chapter 21O the 2 following chapter:- 3 CHAPTER 21P. 4 RECYCLING OF DISCARDED ELECTRONIC PRODUCTS. 5 Section 1. As used in this chapter the following words shall, unless the context clearly 6 requires otherwise, have the following meanings: 7 "Additionally covered electronic product", any of the following electronic products taken 8 out of service from a person in this State regardless of purchase location: printers; stand-alone 2 of 22 9 facsimile machine; video game console, video cassette recorder/player, digital video disk player, 10 or similar video device; zip drive, external hard drive, or similar storage device; or scanner. To 11 the extent allowed under federal and state laws and regulations, an additionally covered eligible 12 electronic product that is being collected, recycled, or processed for reuse is not considered to be 13 hazardous waste, household waste, solid waste, or special waste. The term does not include a 14 covered television product or a covered computer product. 15 “Collection”, the aggregation of covered electronic products from households, 16 municipalities, the Commonwealth and any other political subdivision, and schools, including 17 the accumulation of covered electronic products at handling facilities, transfer stations, and solid 18 waste facilities, including all the activities up to the time the covered electronic products are 19 collected by a processor. 20 “Collector”, a person accepting covered electronic products from households, 21 municipalities, the Commonwealth and any other political subdivision, small businesses and 22 schools. 23 “Collector reimbursement”, the minimum per pound rate, as established by the 24 department, paid by a processor to a collector for all covered electronic products collected. 25 “Computer”, an electronic, magnetic, optical, electrochemical, or other high speed data 26 processing device performing logical, arithmetic, or storage functions, including a laptop or a 27 combined computer central processing unit and monitor; provided, however, that an automated 28 typewriter or typesetter, a portable handheld calculator, a portable digital assistant, or other 29 similar device shall not be considered a computer. 3 of 22 30 “Covered computer product”, a desktop or notebook computer, netbook, or computer 31 monitor, and printers, marketed and intended for use by a person, but does not include a covered 32 television device. 33 “Covered electronic product”, a covered computer product, a covered television product, 34 or additionally covered electronic product collected for reuse or recycling by collectors and 35 processors eligible for collector reimbursement and processor reimbursement through the 36 producer reimbursement system. “Covered electronic product,” “covered computer product”, 37 “covered television product,” or “additionally covered electronic product” do not include any of 38 the following: 39 (i) A covered electronic product that is a part of a motor vehicle or any component 40 part of a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, 41 including replacement parts for use in a motor vehicle. 42 (ii) A covered electronic product that is functionally or physically a part of, or 43 connected to, or integrated within equipment or a system designed and intended for use in an 44 industrial, governmental, commercial, research and development, or medical setting, including 45 but not limited to diagnostic, monitoring, control or medical products (as defined under the 46 Federal Food, Drug, and Cosmetic Act), or equipment used for security, sensing, monitoring, 47 anti-terrorism, emergency services purposes or equipment designed and intended primarily for 48 use by professional users. 49 (iii) A covered electronic product that is contained within a clothes washer, clothes 50 dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, 51 dishwasher, room air conditioner, dehumidifier, air purifier, or exercise equipment. 4 of 22 52 (iv) Telephones of any type, including mobile phones. 53 (v) A personal digital assistant (PDA). 54 (vi) Global positioning systems (GPS). 55 “Covered Television Product”, any electronic product that contains a tuner that locks on 56 to a selected carrier frequency and is capable of receiving and displaying television or video 57 programming via broadcast, cable, or satellite, including, without limitation, any direct view or 58 projection television with a viewable screen of 9 inches or larger whose display technology is 59 based on cathode ray tube (CRT), plasma, liquid crystal (LCD), digital light processing (DLP), 60 liquid crystal on silicon (LCOS), silicon crystal reflective display (SXRD), light emitting diode 61 (LED), or similar technology marketed and intended for use by a person primarily for personal 62 purposes. The term does not include a covered computer product or additionally covered 63 electronic product. 64 “Department”, the department of environmental protection. 65 “Desktop computer”, an electronic, magnetic, optical, electrochemical, or other high- 66 speed data processing device performing logical, arithmetic, and storage functions for general 67 purpose needs which are met through interaction with a number of software programs contained 68 therein, which is not designed to exclusively perform a specific type of limited or specialized 69 application. Human interface with a desktop computer is achieved through a standalone 70 keyboard, stand-alone monitor or other display unit, and a stand-alone mouse or other pointing 71 device, and is designed for a single user. A desktop computer has a main unit that is intended to 72 be persistently located in a single location, often on a desk or on the floor. 5 of 22 73 “Market share”, a television producer’s national sales of televisions expressed as a 74 percentage of the total of all television producers’ national sales based on the best available 75 public data. 76 “Monitor”, a video display device without a tuner that can display pictures and sound and 77 is used with a computer. 78 “Netbook”, an electronic, magnetic, optical, electrochemical, or other high-speed data 79 processing device performing logical, arithmetic, or storage functions for general purpose needs 80 which are met through interaction with a number of software programs contained therein, which 81 is not designed to exclusively perform a specific type of limited or specialized application. 82 Human interface with a netbook is achieved through a keyboard, video display greater than 4" in 83 size, and mouse or other pointing device, all of which are contained within the construction of 84 the unit which comprises the netbook, and can be carried as one unit by an individual. Netbook 85 can use external, internal, or batteries for a power source. Netbook does not include a portable 86 handheld calculator, or a portable digital assistant or similar specialized device. 87 “Notebook computer”, an electronic, magnetic, optical, electrochemical, or other high- 88 speed data processing device performing logical, arithmetic, or storage functions for general 89 purpose needs which are met through interaction with a number of software programs contained 90 therein, which is not designed to exclusively perform a specific type of limited or specialized 91 application. Human interface with a notebook computer is achieved through a keyboard, video 92 display greater than 4" in size, and mouse or other pointing device, all of which are contained 93 within the construction of the unit which comprises the notebook computer, and can be carried as 94 one unit by an individual. Supplemental standalone interface devices typically can also be 6 of 22 95 attached to the notebook computer. Notebook computers can use external, internal, or batteries 96 for a power source. Notebook computer does not include a portable handheld calculator, or a 97 portable digital assistant or similar specialized device. A notebook computer is sometimes 98 referred to as a laptop computer. 99 “Orphan waste”, a covered electronic product, the producer of which cannot be identified 100 or is no longer in business and has no successor in interest. 101 “Person”, a natural person, corporation, association, partnership, government body or 102 other legal entity. 103 “Printer”, desktop printers, multifunction printer copiers, and printer/fax combinations 104 taken out of service from a person that are designed to reside on a work surface, and include 105 various print technologies, including without limitation laser and LED (electrographic), ink jet, 106 dot matrix, thermal, and digital sublimation, and "multi-function" or "all-in-one" devices that 107 perform different tasks, including without limitation copying, scanning, faxing, and printing. 108 Printers do not include floor-standing printers, printers with optional floor stand, point of sale 109 (POS) receipt printers, household printers such as a calculator with printing capabilities or label 110 makers, or non-stand-alone printers that are embedded into products that are not CEDs. 111 “Processor”, a person registered with the department to receive electronic products from 112 collectors for the purpose of sorting, weighing and reusing or recycling or shipping offsite for 113 reuse or recycling in accordance with minimum performance requirements established by the 114 department. 7 of 22 115 “Processor reimbursement”, the minimum per pound rate, as established by the 116 department, paid by a producer to a processor for the producer’s covered electronic products and 117 the producer’s share of orphan waste as determined by the department. 118 “Producer”, any person who: (a) has a physical presence and legal assets in the United 119 States of America and (1) manufactures or manufactured a covered electronic product under its 120 own brand or label; (2) sells or sold under its own brand or label a covered electronic product 121 produced by other suppliers; or (3) owns a brand that it licenses or licensed to another person for 122 use on a covered electronic product; or (b) imports or imported a covered electronic product into 123 the United States that was manufactured by a person without a presence in the United States of 124 America; (c) sells at retail a covered electronic product acquired from an importer that is the 125 manufacturer as described in subsection (b) and elects to register in lieu of the importer; or (d) 126 assumes the responsibilities and obligations of a producer under this Act. 127 “Program year”, a full calendar year beginning on or after January 1, 2018. 128 “Recycling”, to recover materials or by-products which are: (a) reused; (b) used as an 129 ingredient or a feedstock in an industrial or manufacturing process to make a marketable product; 130 or (c) used in a particular function or application as an effective substitute for a commercial 131 product or commodity; provided, however, that recycle shall not mean to recover energy from 132 the combustion of a material. 133 “Retailer”, shall include, but shall not be limited to, a person or a producer that sells new 134 covered electronic products directly to a person through any means including, without limitation, 135 transactions conducted through sales outlets and catalogs, but not including wholesale 136 transactions with a distributor or other retailer. 8 of 22 137 “Return share”, a percentage of covered electronic products other than televisions 138 collected through processors as calculated by dividing the total weight of covered electronic 139 products other than televisions of that producer’s brands by the total weight of covered electronic 140 products other than televisions for all producers’ non-orphaned brands. 141 “Reuse”, any operation by which an electronic product or component of an electronic 142 product changes ownership but retains its form and function and is used for the same purpose for 143 which it was originally purchased. 144 “Sale” or “sell”, any transfer for valuable consideration of title including, but not limited 145 to, transactions conducted through sales outlets, or through catalogs, and excluding commercial 146 financing or leasing. 147 “Television”, any telecommunication system device that can broadcast or receive moving 148 pictures and sound over a distance and includes a television tuner or a display device peripheral 149 to a computer that contains a television tuner. 150 Section 2. No person shall engage in business as a producer unless he is registered with 151 the department pursuant to section 3. 152 Section 3. (a) Every producer seeking to engage in business in the commonwealth shall 153 file an application, accompanied by the producer registration fee, with the department requesting 154 registration as a producer. Said application shall be made on a form to be furnished by the 155 department, and shall include, without limitation, the following information: (1) the name and 156 contact information of the applicant; (2) the applicant's brand names of covered electronic 157 products, including all brand names sold in the commonwealth in the past, all brand names 158 currently being sold in the commonwealth, and all brand names for which the applicant is legally 9 of 22 159 responsible; (3) the method or methods of sale used in the commonwealth; (4) a baseline or a set 160 of baselines that describe any efforts to design covered electronic products for reuse or recycling 161 and goals and plans for further increasing design for reuse and recycling; and (5) a description of 162 any collection, consolidation or processing services utilized to recover, reuse, or recycle the 163 applicant's products. The department shall, within 60 days, review the application for 164 registration. If said application satisfies the requirements of this section, the department shall 165 register said applicant as a producer and shall forthwith mail to him a certificate to that effect. If 166 said application fails to satisfy the requirements of this section the producer shall, within 30 167 days, file with the department a revised application addressing the requirements noted by the 168 department. 169 (b) The department may keep information submitted pursuant to this section confidential 170 as provided by section 10 of chapter 66 of the General Laws. The department will publish on its 171 website the following information: (1) the name and contact information of the producer 172 submitting the application and (2) the producer's brand names of covered electronic products. 173 Section 4. (a) Registered producers shall register with the department for a specified 174 registration period. Such applications shall be submitted to the department by the date specified 175 by the department together with a renewal fee as shall be established by the department. After 176 verification of the facts stated on the application, the department shall issue a registration. Any 177 holder of a registration who fails to file a renewal application within 60 days after notification by 178 the department that his registration has expired shall, prior to engaging in business as a producer 179 within the commonwealth, be required to register anew and pay a late fee in addition to said 180 renewal fee. 10 of 22 181 (b) The department shall use twelve months as a specified registration period for the first 182 three registration periods. After three registration periods, the department may allow producers 183 to register for a period not to exceed thirty-six months. 184 Section 5. (a) Producers of electronic products shall reimburse collectors for their share 185 of product received at the processor. 186 (b) A producer who has sold or who sells covered electronic products other than 187 televisions in the commonwealth shall bear the financial responsibility for the collection, 188 transportation, and reuse or recycling of said covered electronic products received by processors, 189 including their return share of orphan waste as determined by the department. 190 (c) A producer of televisions shall have the financial responsibility for the collection, 191 transportation and reuse or recycling of televisions discarded in the commonwealth, based on the 192 television manufacturer’s market share. 193 (d) A producer may also collect its covered electronic products for reuse or recycling by 194 establishing a collection program, either individually or in cooperation with other producers, to 195 collect these discarded products as established in this chapter. A producer establishing an 196 independent collection program for reuse or recycling either individually or in cooperation with 197 other producers shall recover 1 or more electronic products. A producer establishing an 198 independent recycling program either individually or in cooperation with other producers shall 199 meet either of the following criteria to be able to continue the program. In order for an 200 independent recycling program to maintain good standing with the department, the program must 201 either of the following: 11 of 22 202 (i) include convenient, staffed collection sites in not less than eight counties in the 203 commonwealth, at least one collection site within every municipality within the commonwealth 204 with a population of at least 50,000, and be open for collections for no less than 160 hours per 205 year. A collection site for a county may be the same as a collection site for a city in the county. 206 (ii) collect no less than 100,000 pounds, or higher as determined by the 207 department, of covered electronic products cumulatively from all collections sites or collection 208 methods. 209 The department shall provide a report no later than December 31, 2021, to the Joint 210 Committee on Environment, Natural Resources, and Agriculture and the House and Senate 211 Committees on Ways and Means on independent collection programs. This report shall include, 212 but not be limited to, the effectiveness of the independent collection program requirements, 213 independent collection program compliance, and collection rates of independent programs. 214 A producer establishing an independent recycling program either individually or in 215 cooperation with other producers will register as a collector pursuant to section 7 of this chapter 216 or a processor pursuant to section 10 of this chapter; however, an additional registration fee will 217 not be required. 218 A producer establishing an independent recycling program either individually or in 219 cooperation with other producers shall provide information specified by the department 220 describing the locations for the collection or return of the producer’s product, including 221 information on opportunities and locations for donation of the product for reuse via, without 222 limitation: (1) a toll-free telephone number; (2) a website; (3) information included in or on the 223 packaging; or (4) written information provided at the point of sale. 12 of 22 224 A producer establishing an independent collection program shall submit an annual report 225 to the department that includes at a minimum the following information for the previous program 226 year as well as any additional information required by the department: 227 (1) distinguishing the total weight of each type of covered electronic product 228 collected for recycling; 229 (2) detailing the total number of items by each type of covered electronic product 230 collected for reuse or refurbishment; 231 (3) a description of the plan’s education, outreach, or other marketing efforts to 232 promote collection of covered electronic products; 233 (4) a description of management practices to transport and recycle discarded covered 234 electronic products; and 235 (5) any additional information deemed necessary by the department. 236 A producer establishing an independent collection program for reuse or recycling either 237 individually or in cooperation with other producers shall weigh the covered electronic products 238 collected and shall annually submit a statement certifying to the department the total weight of 239 electronic products received and the weight of orphan waste received in the preceding program 240 year. 241 The department, in determining the producer’s return share, shall take into account 242 electronic products voluntarily collected by the producer. 13 of 22 243 A producer establishing an independent collection program for reuse or recycling either 244 individually or in cooperation with other producers shall not charge a fee for collecting, 245 transporting or recycling electronic products. 246 A producer establishing an independent television recycling program either individually 247 or in cooperation with other producers that collects in excess of its market share or cumulative 248 market share allocation assigned by the Department will receive a one pound credit for each 249 pound by which they exceed the allocation. This credit may be used to count toward the market 250 share allocation during the following three program years or may be transferred for consideration 251 to another independent collection program for another producer to count toward its market share 252 allocation during the next three program years. The credits earned under this clause may only 253 be used toward no more than twenty-five percent of a producer’s market share allocation during 254 any given program year. The total number of pounds processed by each producer, including 255 credits that would be carried over, must be included in the report to the Department and used by 256 the Department in calculating the target for the following program year. 257 Section 6. No person shall engage in business as a collector unless he is registered with 258 the department pursuant to section 7. 259 Section 7. (a) Every collector seeking to engage in business in the commonwealth shall 260 file an application, accompanied by the collector registration fee, with the department requesting 261 registration as a collector. Said application shall be made on a form to be furnished by the 262 department, and shall include, without limitation, the following information: (1) the name; (2) 263 the address; (3) the telephone number; and (4) the location of the business. The department shall, 264 within 60 days, review the application for registration. If said application satisfies the 14 of 22 265 requirements of this section, the department shall register said applicant as a collector and shall 266 forthwith mail to him a certificate to that effect. If said application fails to satisfy the 267 requirements of this section the collector shall, within 30 days, file with the department a revised 268 application addressing the requirements noted by the department. 269 (b) If a municipality applies to be a collector under this statute, the statute will apply to 270 them except no registration or renewal fee will be required. Likewise no registration or renewal 271 fee will be required from collectors who send units primarily to reuse rather than recycling. 272 (c) A collector shall: (1) contract with a registered processor or processors to receive the 273 covered electronic products collected by the collector; (2) make information available to the 274 public that describes where and how to return covered electronic products for reuse or recycling, 275 and dispose of covered electronic products; (3) accept all covered electronic products and ensure 276 that said products are transported by or delivered to a registered processor; and (4) demonstrate 277 compliance with the department rules and regulations and the United States Environmental 278 Protection Agency’s Responsible Recycling Guidelines for Materials Management as issued and 279 available on the United States Environmental Protection Agency’s Internet website in addition to 280 any other requirements mandated by federal or state law. A collector may limit the number of 281 covered electronic products delivered at a given time by any customer to no more than 5. 282 (d) A collector shall not: (1) charge a fee to persons for the collection or recycling of 283 covered electronic products; or (2) knowingly accept covered electronic products imported into 284 the commonwealth for the purpose of recycling or discard. 285 (e) Only an entity registered as a collector with the department may act as a collector in a 286 plan. All covered electronic products received by a registered collector must be submitted to a 15 of 22 287 plan. Fully functioning computers that are received by a registered collector in working order 288 may be sold or donated as whole products by the collector for reuse. Computers that require 289 repair to make them a fully functioning unit may only be repaired on-site at the collector’s place 290 of business by the registered collector for reuse according to its original purpose. 291 (f) Registered collectors may use whole parts amassed from collected computers or new 292 parts for making repairs as long as there is a part-for-part exchange with nonfunctioning 293 computers submitted to a plan. 294 (g) Registered collectors may not include computers that are dispersed for reuse in the 295 weight totals for compensation by the plan. 296 (h) Registered collectors must maintain a record of computers sold or donated by the 297 collector for a period of three years. 298 (i) Registered collectors must display a notice at the point of collection that computers 299 received by the collector may be repaired and sold or donated as a fully functioning computer 300 rather than submitted to a processor for recycling 301 (j) The department may conduct site visits of all registered collectors that reuse or 302 refurbish computers and who have an agreement with the department, collector, or producer to 303 provide collection services. The department may, for cause, review records and conduct 304 investigations regarding a violation of this section, including but not limited to Section 14 (d) or 305 (e). 306 Section 8. Collectors shall register with the department every 3 years. Such applications 307 shall be submitted to the department by the date specified by the department together with a 16 of 22 308 renewal fee as shall be established by the department. After verification of the facts stated on the 309 application, the department shall issue a registration, which shall expire in 3 years. Any holder of 310 a registration who fails to file a renewal application within 60 days after notification by the 311 department that his registration has expired shall, prior to engaging in business as a collector 312 within the commonwealth, be required to register anew and pay a late fee in addition to said 313 renewal fee. 314 Section 9. No person shall engage in business as a processor unless he is registered with 315 the department pursuant to section 10. 316 Section 10. (a) Every processor seeking to engage in business in the commonwealth shall 317 file an application, accompanied by appropriate processor registration fee, with the department 318 requesting registration as a processor. Said application shall be made on a form to be furnished 319 by the department, and shall include, without limitation, the following information: (1) the name; 320 (2) the address; (3) the telephone number; and (4) the location of the business of the processor’s 321 business. The department shall, within 60 days, review the application for registration. If said 322 application satisfies the requirements of this section, the department shall register said applicant 323 as a processor and shall forthwith mail to him a certificate to that effect. If said application fails 324 to satisfy the requirements of this section the processor shall, within 30 days, file with the 325 department a revised application addressing the requirements noted by the department. 326 (b) A processor shall: (1) be responsible for sorting all covered electronic products 327 received from a participating collector with whom the processor has a contract; (2) weigh the 328 total amount of covered electronic products received from a participating collector and reimburse 329 said collector; provided, however, that said collector reimbursement shall be due within 30 days 17 of 22 330 of pick-up; (3) sort, by producer, and weigh all covered electronic products other than televisions 331 received from collectors; (4) weigh all televisions received from collectors; (5) either repair, 332 refurbish, remanufacture, or recycle on-site or ship covered electronic products offsite for reuse 333 or recycling in accordance with the minimum performance requirements established by the 334 department; (6) be certified to “e-Stewards Standard for Responsible Recycling and Reuse of 335 Electronics,” the U.S. Environmental Protection Agency’s “Responsible Recycling” (R2) 336 Standard, or other environmental performance and accountability certification standards as 337 determined to be at least equivalent to e-Stewards or R2 by the department; (7) submit an invoice 338 for producer reimbursement to each producers whose waste the processor has handled; and (8) 339 annually submit a report to the department which shall include without limitation: (i) the total 340 aggregate weight of covered electronic products processed pursuant to this chapter in the 341 previous program year; (ii) the weight, differentiated by producer, of covered electronic 342 products processed pursuant to this chapter in the previous program year; (iii) the total amount of 343 orphan waste processed pursuant to this chapter in the previous program year; and (iv) any other 344 information to help track, monitor and evaluate the management of covered electronic products, 345 as determined by the department. 346 (c) A processor shall not charge a fee for accepting, sorting, weighing, processing for 347 reuse or recycling a covered electronic product for which the processor receives compensation 348 under the provisions of this section. 349 Section 11. Processors shall register with the department every 3 years. Such application 350 shall be submitted to the department by the date specified by the department together with a 351 renewal fee as shall be established by the department. After verification of the facts stated on the 352 application, the department shall issue a registration, which shall expire in 3 years. Any holder of 18 of 22 353 a registration who fails to file a renewal application within 60 days after notification by the 354 department that his registration has expired shall, prior to engaging in business as a processor 355 within the commonwealth, be required to register anew and pay a late fee in addition to said 356 renewal fee. 357 Section 12. The fee for a collector registration, a processor registration and a producer 358 registration, or for any annual renewal thereof, shall be determined every three years by the 359 department, but in no case shall any registration or renewal fee exceed $5000. 360 Section 13. (a) The department shall annually: (1) determine the return share for each 361 program year for each producer of electronic products other than televisions by dividing the 362 weight of covered electronic products identified for each producer by the total weight of covered 363 electronic products identified for all producers; provided further, that said calculation shall be 364 based on the reports generated by processors of covered electronic products in the 365 commonwealth; provided further, that for the first program year, the return share of covered 366 electronic products identified for each producer shall be based on the best available public return 367 share data from the United States, including data from other states, for covered electronic 368 products from persons; provided further, that for the second and subsequent program years, the 369 return share of covered electronic products identified for each producer shall be based on the 370 previous year’s reported data as described herein; and provided further, that the department shall 371 use the return share for each producer to allocate financial responsibility for orphan waste; (2) 372 determine, based on each producer’s return share, each producer’s share of responsibility for the 373 orphan waste collected in the commonwealth; provided, however, that each producer’s return 374 share of orphan waste shall be equivalent to its percentage of return share for non-orphan 375 covered electronic products, multiplied by the total amount of orphan waste collected in the 19 of 22 376 program year; and provided further, that the department, in determining the producer’s orphan 377 waste share, may take into account electronic products, including orphan waste, voluntarily 378 collected by the producer; (3) determine the market share allocation for each television producer 379 by determining the total weight of televisions recycled in the previous year, multiplied by the 380 market share for that producer; provided, however, that in the first program year, the market 381 share identified for each television producer shall be based on the best available data regarding 382 the total number of televisions sold in the commonwealth for the previous calendar year; (4) 383 maintain a list of producers registered pursuant to this chapter; and (5) conduct periodic audits of 384 processors and collectors at a frequency determined by the department, to assure accuracy of 385 reporting and billing. 386 (b) The department shall adopt and may from time to time amend rules and regulations, 387 and the commissioner may issue orders, to enforce the provisions of this chapter. Said 388 regulations shall include, but not be limited to, establishing, as a maximum number not higher 389 than twelve, the number of times a year payment from producers to collectors and processors be 390 made, adjudicatory procedures for denied revised applications and minimum performance 391 requirements for collection and processing of covered electronic products. Any person, 392 including any political subdivision of the commonwealth who violates this chapter, or any order 393 issued pursuant thereto, or any rule or regulation promulgated hereunder shall be subject to a fine 394 of not more than twenty-five thousand dollars for each such violation. Each day each such 395 violation occurs or continues shall be deemed a separate offense. These penalties shall be in 396 addition to any other penalties that may be prescribed by law. 397 (c) Beginning one year after this act takes effect and annually thereafter, the department 398 shall submit a report to the House Committee on Ways and Means, the Senate Committee on 20 of 22 399 Ways and Means, and the Joint Committee on Environment, Natural Resources and Agriculture 400 that includes information regarding the previous program year. The information shall include, 401 but is not limited to, (1) the total administrative cost to the state government, (2) the total 402 administrative cost to local governments, (3) a description of the incentive for manufacturer 403 collection, and (4) a description of the education, outreach, or other marketing efforts conducted 404 by the state or local governments to promote collection of covered electronic products. 405 Section 14. (a) No person shall sell covered electronic products from producers not 406 registered pursuant to this chapter. A retailer shall not be in violation of this subsection if, at 407 time of purchase from producer, the producer was not in violation of this Chapter. This 408 subsection shall not apply to used electronic products that are reused. 409 (b) No person shall offer for sale an electronic product unless a visible, permanent label 410 clearly identifying the producer of that product is affixed to said electronic product. 411 (c) All retailers shall provide information describing where and how to recycle an 412 electronic product provided by the producer pursuant to this act. 413 (d) No person shall knowingly dispose of any electronic product except as provided in 414 this chapter. 415 (e) No person shall import a covered electronic product into the commonwealth with the 416 intent of recycling or discarding said product; provided further, that any covered electronic 417 product so imported shall not be eligible for reimbursement under the provisions of this chapter. 418 Section 15. The department shall be charged with the enforcement of sections 1 to 14, 419 inclusive. If any person refuses to obey a decision of the department the attorney general shall, 21 of 22 420 upon request of the department, file a petition for the enforcement of such decision in the 421 superior court for Suffolk County or for the county in which the defendant resides or has a place 422 of business. After hearing, the court shall order the enforcement of such decision or any part 423 thereof, if legally and properly made by the department. 424 Section 16. The department may participate in the establishment of a regional multistate 425 organization or compact to assist in carrying out the requirements of this chapter. 426 Section 17. (a) There shall be in the Department an advisory commission, chaired by the 427 Commissioner of the Department or his designee, for electronic waste. The commission shall 428 include the Senate chair of the Joint Committee on Environment, Natural Resources, and 429 Agriculture or his designee, the House chair of the Joint Committee on Environment, Natural 430 Resources, and Agriculture or his designee. The advisory commission shall also include the 431 following individuals to be appointed by the Secretary of Energy and Environmental Affairs: one 432 individual representing covered television product manufacturers, one individual representing 433 processors of covered electronic products, one individual representing a trade association of 434 covered computer product manufacturers or covered television product manufacturers , one 435 individual representing covered computer manufacturers, one individual representing retailers of 436 covered electronic products, one representative of the Massachusetts Municipal Association, one 437 representative of the Massachusetts Product Stewardship Council, and one individual 438 representing a statewide conservation organization. 439 (b) Appointments to the advisory commission shall be made not later than 30 days after 440 the effective date of this statute. If a vacancy occurs on the commission, the vacancy shall be 441 filled within 30 days. 22 of 22 442 (c) Said advisory commission shall have the following duties: (1) It shall advise the 443 Department on policy and program development under this section, specifically regarding 444 performance standards; (2) It shall review the registration and renewal fees for producers, 445 collectors and processors, and shall make recommendations to the commissioner relative thereto; 446 and (3) It shall make recommendations to the Joint Committee on Environment, Natural 447 Resources, and Agriculture on recommendations of amending the definition of electronic product 448 under this statute to cover other electronic products, including but not limited to medical 449 equipment. 450 (d) The advisory commission shall meet at least four times a year and shall convene 451 special meetings at the call of the Commissioner. A written record of all meetings of the 452 committee shall be maintained by the Department. Members of the commission shall serve 453 without compensation. The members of the commission representing the Department or the 454 General Court shall serve without additional compensation. 455 SECTION 2. Notwithstanding any general or special law to the contrary and unless 456 otherwise specified herein, this act shall take effect January 1, 2021.