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

1 of 1 HOUSE DOCKET, NO. 1037 FILED ON: 1/14/2025 HOUSE . . . . . . . . . . . . . . . No. 1015 The Commonwealth of Massachusetts _________________ PRESENTED BY: Steven 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 Owens 29th Middlesex 1/14/2025 Jacob R. Oliveira Hampden, Hampshire and Worcester 2/7/2025 1 of 25 HOUSE DOCKET, NO. 1037 FILED ON: 1/14/2025 HOUSE . . . . . . . . . . . . . . . No. 1015 By Representatives Owens of Watertown and Rogers of Cambridge, a petition (accompanied by bill, House, No. 1015) of Steven Owens and Jacob R. Oliveira relative to producer responsibility for the collection, reuse and recycling of discarded electronic products. Environment and Natural Resources. [SIMILAR MATTER FILED IN PREVIOUS SESSION SEE HOUSE, NO. 871 OF 2023-2024.] The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ 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 25 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 producer 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 25 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 Entity”, any Massachusetts household, business that employs 10 or fewer 34 individuals, nonprofit organization that employs 10 or fewer individuals, school, or any person 35 giving seven of fewer covered electronic devices to a collector at at any one time. 36 "Covered electronic device" or “CED”, any computer, computer monitor, television, 37 printer, electronic keyboard, facsimile machine, videocassette recorder, portable digital music 38 player that has memory capability and is battery powered, digital video disc player, video game 39 console, electronic mouse, scanner, digital converter box, cable receiver, satellite receiver, digital 40 video disc recorder, keyboard, computer mouse, device sold for external use with a CED, or 41 small-scale server sold at retail and taken out of service from a residence in this State. CEDs do 42 not include any of the following: 43 (i) A covered electronic product that is a part of a motor vehicle or any component part of 44 a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including 45 replacement parts for use in a motor vehicle. 46 (ii) A covered electronic product that is functionally or physically a part of, or connected 47 to, or integrated within equipment or a system designed and intended for use in an industrial, 48 governmental, commercial, research and development, or medical setting, including but not 49 limited to diagnostic, monitoring, control or medical products (as defined under the Federal 50 Food, Drug, and Cosmetic Act), or equipment used for security, sensing, monitoring, anti- 4 of 25 51 terrorism, emergency services purposes or equipment designed and intended primarily for use by 52 professional users. 53 (iii) A covered electronic product that is contained within a clothes washer, clothes dryer, 54 refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, 55 room air conditioner, dehumidifier, air purifier, or exercise equipment. 56 (iv) Telephones of any type, including mobile phones. 57 (v) A personal digital assistant (PDA). 58 (vi) Global positioning systems (GPS). 59 “Covered Television Product”, any electronic product that contains a tuner that locks 60 onto a selected carrier frequency and is capable of receiving and displaying television or video 61 programming via broadcast, cable, or satellite, including, without limitation, any direct view or 62 projection television with a viewable screen of 9 inches or larger whose display technology is 63 based on cathode ray tube (CRT), plasma, liquid crystal (LCD), digital light processing (DLP), 64 liquid crystal on silicon (LCOS), silicon crystal reflective display (SXRD), light emitting diode 65 (LED), or similar technology marketed and intended for use by a person primarily for personal 66 purposes. The term does not include a covered computer product or additionally covered 67 electronic product. 68 “Department”, the department of environmental protection. 69 “Desktop computer”, an electronic, magnetic, optical, electrochemical, or other high- 70 speed data processing device performing logical, arithmetic, and storage functions for general 71 purpose needs which are met through interaction with a number of software programs contained 5 of 25 72 therein, which is not designed to exclusively perform a specific type of limited or specialized 73 application. Human interface with a desktop computer is achieved through a standalone 74 keyboard, stand-alone monitor or other display unit, and a stand-alone mouse or other pointing 75 device, and is designed for a single user. A desktop computer has a main unit that is intended to 76 be persistently located in a single location, often on a desk or on the floor. 77 “Market share”, a television producer’s national sales of televisions expressed as a 78 percentage of the total of all television producers’ national sales based on the best available 79 public data. 80 “Monitor”, a video display device without a tuner that can display pictures and sound and 81 is used with a computer. 82 “Netbook”, an electronic, magnetic, optical, electrochemical, or other high-speed data 83 processing device performing logical, arithmetic, or storage functions for general purpose needs 84 which are met through interaction with a number of software programs contained therein, which 85 is not designed to exclusively perform a specific type of limited or specialized application. 86 Human interface with a netbook is achieved through a keyboard, video display greater than 4" in 87 size, and mouse or other pointing device, all of which are contained within the construction of 88 the unit which comprises the netbook, and can be carried as one unit by an individual. Netbook 89 can use external, internal, or batteries for a power source. Netbook does not include a portable 90 handheld calculator, or a portable digital assistant or similar specialized device. 91 “Notebook computer”, an electronic, magnetic, optical, electrochemical, or other high- 92 speed data processing device performing logical, arithmetic, or storage functions for general 93 purpose needs which are met through interaction with a number of software programs contained 6 of 25 94 therein, which is not designed to exclusively perform a specific type of limited or specialized 95 application. Human interface with a notebook computer is achieved through a keyboard, video 96 display greater than 4" in size, and mouse or other pointing device, all of which are contained 97 within the construction of the unit which comprises the notebook computer, and can be carried as 98 one unit by an individual. Supplemental standalone interface devices typically can also be 99 attached to the notebook computer. Notebook computers can use external, internal, or batteries 100 for a power source. Notebook computer does not include a portable handheld calculator, or a 101 portable digital assistant or similar specialized device. A notebook computer is sometimes 102 referred to as a laptop computer. 103 “Orphan waste”, a covered electronic product, the producer of which cannot be identified 104 or is no longer in business and has no successor in interest. 105 “Person”, a natural person, corporation, association, partnership, government body or 106 other legal entity. 107 “Printer”, desktop printers, multifunction printer copiers, and printer/fax combinations 108 taken out of service from a person that are designed to reside on a work surface, and include 109 various print technologies, including without limitation laser and LED (electrographic), ink jet, 110 dot matrix, thermal, and digital sublimation, and "multi-function" or "all-in-one" devices that 111 perform different tasks, including without limitation copying, scanning, faxing, and printing. 112 Printers do not include floor-standing printers, printers with optional floor stand, point of sale 113 (POS) receipt printers, household printers such as a calculator with printing capabilities or label 114 makers, or non-stand-alone printers that are embedded into products that are not CEDs. 7 of 25 115 “Processor”, a person registered with the department to receive electronic products from 116 collectors for the purpose of sorting, weighing and reusing or recycling or shipping offsite for 117 reuse or recycling in accordance with minimum performance requirements established by the 118 department. 119 “Processor reimbursement”, the minimum per pound rate, as established by the 120 department, paid by a producer to a processor for the producer’s covered electronic products and 121 the producer’s share of orphan waste as determined by the department. 122 “Producer”, any person who: (a) has a physical presence and legal assets in the United 123 States of America and (1) manufactures or manufactured a covered electronic product under its 124 own brand or label; (2) sells or sold under its own brand or label a covered electronic product 125 produced by other suppliers; or (3) owns a brand that it licenses or licensed to another person for 126 use on a covered electronic product; or (b) imports or imported a covered electronic product into 127 the United States that was manufactured by a person without a presence in the United States of 128 America; (c) sells at retail a covered electronic product acquired from an importer that is the 129 manufacturer as described in subsection (b) and elects to register in lieu of the importer; or (d) 130 assumes the responsibilities and obligations of a producer under this Act. 131 “Producer Responsibility Organization”, a nonprofit organization designated by a 132 manufacturer or group of manufacturers to act as an agent of the manufacturer or group of 133 manufacturers for the purpose of developing and implementing an electronics producer 134 responsibility program on behalf of the manufacturer or group of manufacturers. 135 “Program year”, a full calendar year beginning on or after January 1, 2025. 8 of 25 136 “Recycling”, to recover materials or by-products which are: (a) reused; (b) used as an 137 ingredient or a feedstock in an industrial or manufacturing process to make a marketable product; 138 or (c) used in a particular function or application as an effective substitute for a commercial 139 product or commodity; provided, however, that recycle shall not mean to recover energy from 140 the combustion of a material. 141 “Retailer”, shall include, but shall not be limited to, a person or a producer that sells new 142 covered electronic products directly to a person through any means including, without limitation, 143 transactions conducted through sales outlets and catalogs, but not including wholesale 144 transactions with a distributor or other retailer. 145 “Return share”, a percentage of covered electronic products other than televisions 146 collected through processors as calculated by dividing the total weight of covered electronic 147 products other than televisions of that producer’s brands by the total weight of covered electronic 148 products other than televisions for all producers’ non-orphaned brands. 149 “Reuse”, any operation by which an electronic product or component of an electronic 150 product changes ownership but retains its form and function and is used for the same purpose for 151 which it was originally purchased. 152 “Sale” or “sell”, any transfer for valuable consideration of title including, but not limited 153 to, transactions conducted through sales outlets, or through catalogs, and excluding commercial 154 financing or leasing. 155 “Television”, any telecommunication system device that can broadcast or receive moving 156 pictures and sound over a distance and includes a television tuner or a display device peripheral 157 to a computer that contains a television tuner. 9 of 25 158 Section 2. No person shall engage in business as a producer unless he is registered with 159 the department pursuant to section 3. 160 Section 3. (a) Every producer seeking to engage in business in the commonwealth shall 161 file an application, accompanied by the producer registration fee, with the department requesting 162 registration as a producer. Said application shall be made on a form to be furnished by the 163 department, and shall include, without limitation, the following information: (1) the name and 164 contact information of the applicant; (2) the applicant's brand names of covered electronic 165 products, including all brand names sold in the commonwealth in the past, all brand names 166 currently being sold in the commonwealth, and all brand names for which the applicant is legally 167 responsible; (3) the method or methods of sale used in the commonwealth; (4) a baseline or a set 168 of baselines that describe any efforts to design covered electronic products for reuse or recycling 169 and goals and plans for further increasing design for reuse and recycling; and (5) a description of 170 any collection, consolidation or processing services utilized to recover, reuse, or recycle the 171 applicant's products. The department shall, within 60 days, review the application for 172 registration. If said application satisfies the requirements of this section, the department shall 173 register said applicant as a producer and shall forthwith mail to him a certificate to that effect. If 174 said application fails to satisfy the requirements of this section the producer shall, within 30 175 days, file with the department a revised application addressing the requirements noted by the 176 department. 177 (b) The department may keep information submitted pursuant to this section confidential 178 as provided by section 10 of chapter 66 of the General Laws. The department will publish on its 179 website the following information: (1) the name and contact information of the producer 180 submitting the application and (2) the producer's brand names of covered electronic products. 10 of 25 181 Section 4. (a) Registered producers shall register with the department for a specified 182 registration period. Such applications shall be submitted to the department by the date specified 183 by the department together with a renewal fee as shall be established by the department. After 184 verification of the facts stated on the application, the department shall issue a registration. Any 185 holder of a registration who fails to file a renewal application within 60 days after notification by 186 the department that his registration has expired shall, prior to engaging in business as a producer 187 within the commonwealth, be required to register anew and pay a late fee in addition to said 188 renewal fee. 189 (b) The department shall use twelve months as a specified registration period for the first 190 three registration periods. After three registration periods, the department may allow producers to 191 register for a period not to exceed thirty-six months. 192 Section 5. (a) Producers of electronic products shall reimburse collectors for their share 193 of product received at the processor. 194 (b) A producer who has sold or who sells covered electronic products other than 195 televisions in the commonwealth shall bear the financial responsibility for the collection, 196 transportation, and reuse or recycling of said covered electronic products received by processors, 197 including their return share of orphan waste as determined by the department. 198 (c) A producer of televisions shall have the financial responsibility for the collection, 199 transportation and reuse or recycling of televisions discarded in the commonwealth, based on the 200 television manufacturer’s market share. 201 (d) A producer may also collect its covered electronic products for reuse or recycling by 202 establishing a collection program, either individually or in cooperation with other producers, to 11 of 25 203 collect these discarded products as established in this chapter. A producer establishing an 204 independent collection program for reuse or recycling either individually or in cooperation with 205 other producers shall recover 1 or more electronic products. A producer establishing an 206 independent recycling program either individually or in cooperation with other producers shall 207 meet either of the following criteria to be able to continue the program. In order for an 208 independent recycling program to maintain good standing with the department, the program must 209 either of the following: 210 (i) A program must provide collection services for covered electronic products of all 211 product types and produced by any manufacturer that are reasonably convenient and available to 212 all citizens of the state residing within its geographic boundaries, including both rural and urban 213 areas. Each program must provide a collection service in every county of the state. A program 214 may provide collection services jointly with another plan or plans. 215 (a) For any city or town with a population of greater than ten thousand, each program 216 shall provide a minimum of one collection site or alternate collection service described in 217 subsection (3) of this section or a combination of sites and alternate service that together provide 218 at least one collection opportunity for all product types. A collection site for a county may be the 219 same as a collection site for a city or town in the county. 220 (b) Collection sites may include electronics recyclers and repair shops, recyclers of other 221 commodities, reuse organizations, charities, retailers, government recycling sites, or other 222 suitable locations. 223 (c) Collection sites must be staffed, open to the public at a frequency adequate to meet 224 the needs of the area being served, and on an ongoing basis. 12 of 25 225 (2) A program may limit the number of covered electronic products or covered electronic 226 products by product type accepted per customer per day or per delivery at a collection site or 227 service. All covered entities may use a collection site as long as the covered entities adhere to 228 any restrictions established in the plans. 229 (3) A program may provide collection services in forms different than collection sites, 230 such as curbside services, if those alternate services provide equal or better convenience to 231 citizens and equal or increased recovery of unwanted covered electronic products. 232 (4) For rural areas without commercial centers or areas with widely dispersed population, 233 a program may provide collection at the nearest commercial centers or solid waste sites, 234 collection events, mail-back systems, or a combination of these options. 235 (5) For small businesses, small governments, charities, and school districts that may have 236 large quantities of covered electronic products that cannot be handled at collection sites or 237 curbside services, a program may provide alternate services. At a minimum, a program must 238 provide for processing of these large quantities of covered electronic products at no charge to the 239 small businesses, small governments, charities, and school districts. 240 The department shall provide a report no later than December 31, 2021, to the Joint 241 Committee on Environment, Natural Resources, and Agriculture and the House and Senate 242 Committees on Ways and Means on independent collection programs. This report shall include, 243 but not be limited to, the effectiveness of the independent collection program requirements, 244 independent collection program compliance, and collection rates of independent programs. 245 A producer establishing an independent recycling program either individually or in 246 cooperation with other producers will register as a collector pursuant to section 7 of this chapter 13 of 25 247 or a processor pursuant to section 10 of this chapter; however, an additional registration fee will 248 not be required. 249 A producer establishing an independent recycling program either individually or in 250 corporation with other producers shall provide the following information to the department: 251 (a) Contact information for the responsible party and a comprehensive list of all 252 manufacturers participating in the plan and their contact information; 253 (b) A description of the collection, transportation, and recycling systems and service 254 providers used, including a description of how the PRO or responsible party will: 255 (i) Seek to use businesses within the state, including retailers, charities, processors, and 256 collection and transportation services; 257 (ii) Fairly compensate collectors for providing collection services; and 258 (iii) Fairly compensate processors for providing processing services; 259 (c) The method or methods for the reasonably convenient collection of all product types 260 of covered electronic products in rural and urban areas throughout the state, including how the 261 plan will provide for collection services in each county of the state and for a minimum of one 262 collection site or alternate collection service for each city or town with a population greater than 263 ten thousand. A collection site for a county may be the same as a collection site for a city or town 264 in the county; 265 (d) A description of how the plan will provide service to small businesses, small 266 governments, charities, and school districts in the state; 14 of 25 267 (e) The processes and methods used to recycle covered electronic products including a 268 description of the processing that will be used and the facility location; 269 (f) Documentation of audits of each processor used in the plan and compliance with 270 processing standards established under MGL; 271 (g) A description of the accounting and reporting systems that will be employed to track 272 progress toward the plan's equivalent share; 273 (h) A timeline describing start-up, implementation, and progress towards milestones with 274 anticipated results; 275 (i) A public information campaign to inform consumers about how to recycle their 276 covered electronic products at the end of the product's life; and 277 (j) A description of how manufacturers participating in the plan will communicate and 278 work with processors utilized by that plan to promote and encourage design of electronic 279 products and their components for recycling.The plan shall address how it will incorporate and 280 fairly compensate registered collectors providing curbside or premium services such that they are 281 not compensated at a lower rate for collection costs than the compensation offered other 282 collectors providing drop-off collection sites in that geographic area. 283 All transporters, collectors, and processors used to fulfill the requirements of this section 284 must be registered as described in this law. 285 A producer establishing an independent collection program shall submit an annual report 286 to the department that includes at a minimum the following information for the previous program 287 year as well as any additional information required by the department: 15 of 25 288 (1) distinguishing the total weight of each type of covered electronic product collected for 289 recycling; 290 (2) detailing the total number of items by each type of covered electronic product 291 collected for reuse or refurbishment; 292 (3) a description of the plan’s education, outreach, or other marketing efforts to promote 293 collection of covered electronic products; 294 (4) a description of management practices to transport and recycle discarded covered 295 electronic products; and 296 (5) any additional information deemed necessary by the department. 297 The department shall review each report within ninety days of its submission and shall 298 notify the PRO or responsible party of any need for additional information or documentation, or 299 any deficiency in its program. All reports submitted to the department must be available to the 300 general public through the internet. Proprietary information submitted to the department under 301 this chapter is exempt from public disclosure 302 A producer establishing an independent collection program for reuse or recycling either 303 individually or in cooperation with other producers shall weigh the covered electronic products 304 collected and shall annually submit a statement certifying to the department the total weight of 305 electronic products received and the weight of orphan waste received in the preceding program 306 year. 307 The department, in determining the producer’s return share, shall take into account 308 electronic products voluntarily collected by the producer. 16 of 25 309 A producer establishing an independent collection program for reuse or recycling either 310 individually or in cooperation with other producers shall not charge a fee for collecting, 311 transporting or recycling electronic products. 312 Section 6. No person shall engage in business as a collector unless he is registered with 313 the department pursuant to section 7. 314 Section 7. (a) Every collector seeking to engage in business in the commonwealth shall 315 file an application, accompanied by the collector registration fee, with the department 316 requesting registration as a collector. Said application shall be made on a form to be furnished by 317 the department, and shall include, without limitation, the following information: (1) the name; 318 (2) the address; (3) the telephone number; and (4) the location of the business. The department 319 shall, within 60 days, review the application for registration. If said application satisfies the 320 requirements of this section, the department shall register said applicant as a collector and shall 321 forthwith mail to him a certificate to that effect. If said application fails to satisfy the 322 requirements of this section the collector shall, within 30 days, file with the department a revised 323 application addressing the requirements noted by the department. 324 (b) If a municipality applies to be a collector under this statute, the statute will apply to 325 them except no registration or renewal fee will be required. Likewise no registration or renewal 326 fee will be required from collectors who send units primarily to reuse rather than recycling. 327 (c) A collector shall: (1) contract with a registered processor or processors to receive the 328 covered electronic products collected by the collector; (2) make information available to the 329 public that describes where and how to return covered electronic products for reuse or recycling, 330 and dispose of covered electronic products; (3) accept all covered electronic products and ensure 17 of 25 331 that said products are transported by or delivered to a registered processor; and (4) demonstrate 332 compliance with the department rules and regulations and the United States Environmental 333 Protection Agency’s Responsible Recycling Guidelines for Materials Management as issued and 334 available on the United States Environmental Protection Agency’s Internet website in addition to 335 any other requirements mandated by federal or state law. A collector may limit the number of 336 covered electronic products delivered at a given time by any customer to no more than 5. 337 (d) A collector shall not: (1) charge a fee to persons for the collection or recycling of 338 covered electronic products; or (2) knowingly accept covered electronic products imported into 339 the commonwealth for the purpose of recycling or discard. 340 (e) Only an entity registered as a collector with the department may act as a collector in a 341 plan. All covered electronic products received by a registered collector must be submitted to a 342 plan. Fully functioning computers that are received by a registered collector in working order 343 may be sold or donated as whole products by the collector for reuse. Computers that require 344 repair to make them a fully functioning unit may only be repaired on-site at the collector’s place 345 of business by the registered collector for reuse according to its original purpose. 346 (f) Registered collectors may use whole parts amassed from collected computers or new 347 parts for making repairs as long as there is a part-for-part exchange with nonfunctioning 348 computers submitted to a plan. 349 (g) Registered collectors may not include computers that are dispersed for reuse in the 350 weight totals for compensation by the plan. 351 (h) Registered collectors must maintain a record of computers sold or donated by the 352 collector for a period of three years. 18 of 25 353 (i) Registered collectors must display a notice at the point of collection that computers 354 received by the collector may be repaired and sold or donated as a fully functioning computer 355 rather than submitted to a processor for recycling 356 (j) The department may conduct site visits of all registered collectors that reuse or 357 refurbish computers and who have an agreement with the department, collector, or producer to 358 provide collection services. The department may, for cause, review records and conduct 359 investigations regarding a violation of this section, including but not limited to Section 14 (d) or 360 (e). 361 Section 8. Collectors shall register with the department every 3 years. Such applications 362 shall be submitted to the department by the date specified by the department together with a 363 renewal fee as shall be established by the department. After verification of the facts stated on the 364 application, the department shall issue a registration, which shall expire in 3 years. Any holder of 365 a registration who fails to file a renewal application within 60 days after notification by the 366 department that his registration has expired shall, prior to engaging in business as a collector 367 within the commonwealth, be required to register anew and pay a late fee in addition to said 368 renewal fee. 369 Section 9. No person shall engage in business as a processor unless he is registered with 370 the department pursuant to section 10. 371 Section 10. (a) Every processor seeking to engage in business in the commonwealth shall 372 file an application, accompanied by appropriate processor registration fee, with the department 373 requesting registration as a processor. Said application shall be made on a form to be furnished 374 by the department, and shall include, without limitation, the following information: (1) the name; 19 of 25 375 (2) the address; (3) the telephone number; and (4) the location of the business of the processor’s 376 business. The department shall, within 60 days, review the application for registration. If said 377 application satisfies the requirements of this section, the department shall register said applicant 378 as a processor and shall forthwith mail to him a certificate to that effect. If said application fails 379 to satisfy the requirements of this section the processor shall, within 30 days, file with the 380 department a revised application addressing the requirements noted by the department. 381 (b) A processor shall: (1) be responsible for sorting all covered electronic products 382 received from a participating collector with whom the processor has a contract; (2) weigh the 383 total amount of covered electronic products received from a participating collector and reimburse 384 said collector; provided, however, that said collector reimbursement shall be due within 30 days 385 of pick-up; (3) sort, by producer, and weigh all covered electronic products other than televisions 386 received from collectors; (4) weigh all televisions received from collectors; (5) either repair, 387 refurbish, remanufacture, or recycle on-site or ship covered electronic products offsite for reuse 388 or recycling in accordance with the minimum performance requirements established by the 389 department; (6) be certified to “e-Stewards Standard for Responsible Recycling and Reuse of 390 Electronics,” the U.S. Environmental Protection Agency’s “Responsible Recycling” (R2) 391 Standard, or other environmental performance and accountability certification standards as 392 determined to be at least equivalent to e-Stewards or R2 by the department; (7) submit an invoice 393 for producer reimbursement to each producers whose waste the processor has handled; and (8) 394 annually submit a report to the department which shall include without limitation: (i) the total 395 aggregate weight of covered electronic products processed pursuant to this chapter in the 396 previous program year; (ii) the weight, differentiated by producer, of covered electronic products 397 processed pursuant to this chapter in the previous program year; (iii) the total amount of orphan 20 of 25 398 waste processed pursuant to this chapter in the previous program year; and (iv) any other 399 information to help track, monitor and evaluate the management of covered electronic products, 400 as determined by the department. 401 (c) A processor shall not charge a fee for accepting, sorting, weighing, processing for 402 reuse or recycling a covered electronic product for which the processor receives compensation 403 under the provisions of this section. 404 Section 11. Processors shall register with the department every 3 years. Such application 405 shall be submitted to the department by the date specified by the department together with a 406 renewal fee as shall be established by the department. After verification of the facts stated on the 407 application, the department shall issue a registration, which shall expire in 3 years. Any holder of 408 a registration who fails to file a renewal application within 60 days after notification by the 409 department that his registration has expired shall, prior to engaging in business as a processor 410 within the commonwealth, be required to register anew and pay a late fee in addition to said 411 renewal fee. 412 Section 12. The fee for a collector registration, a processor registration and a producer 413 registration, or for any annual renewal thereof, shall be determined every three years by the 414 department, but in no case shall any registration or renewal fee exceed $5000. 415 Section 13. (a) The department shall annually: (1) determine the return share for each 416 program year for each producer of electronic products other than televisions by dividing the 417 weight of covered electronic products identified for each producer by the total weight of covered 418 electronic products identified for all producers; provided further, that said calculation shall be 419 based on the reports generated by processors of covered electronic products in the 21 of 25 420 commonwealth; provided further, that for the first program year, the return share of covered 421 electronic products identified for each producer shall be based on the best available public return 422 share data from the United States, including data from other states, for covered electronic 423 products from persons; provided further, that for the second and subsequent program years, the 424 return share of covered electronic products identified for each producer shall be based on the 425 previous year’s reported data as described herein; and provided further, that the department shall 426 use the return share for each producer to allocate financial responsibility for orphan waste; (2) 427 determine, based on each producer’s return share, each producer’s share of responsibility for the 428 orphan waste collected in the commonwealth; provided, however, that each producer’s return 429 share of orphan waste shall be equivalent to its percentage of return share for non-orphan 430 covered electronic products, multiplied by the total amount of orphan waste collected in the 431 program year; and provided further, that the department, in determining the producer’s orphan 432 waste share, may take into account electronic products, including orphan waste, voluntarily 433 collected by the producer; (3) determine the market share allocation for each television producer 434 by determining the total weight of televisions recycled in the previous year, multiplied by the 435 market share for that producer; provided, however, that in the first program year, the market 436 share identified for each television producer shall be based on the best available data regarding 437 the total number of televisions sold in the commonwealth for the previous calendar year; (4) 438 maintain a list of producers registered pursuant to this chapter; and (5) conduct periodic audits of 439 processors and collectors at a frequency determined by the department, to assure accuracy of 440 reporting and billing. 441 (b) The department shall adopt and may from time to time amend rules and regulations, 442 and the commissioner may issue orders, to enforce the provisions of this chapter. Said 22 of 25 443 regulations shall include, but not be limited to, establishing, as a maximum number not higher 444 than twelve, the number of times a year payment from producers to collectors and processors be 445 made, adjudicatory procedures for denied revised applications and minimum performance 446 requirements for collection and processing of covered electronic products. Any person, including 447 any political subdivision of the commonwealth who violates this chapter, or any order issued 448 pursuant thereto, or any rule or regulation promulgated hereunder shall be subject to a fine of not 449 more than twenty-five thousand dollars for each such violation. Each day each such violation 450 occurs or continues shall be deemed a separate offense. These penalties shall be in addition to 451 any other penalties that may be prescribed by law. 452 (c) Beginning one year after this act takes effect and annually thereafter, the department 453 shall submit a report to the House Committee on Ways and Means, the Senate Committee on 454 Ways and Means, and the Joint Committee on Environment, Natural Resources and Agriculture 455 that includes information regarding the previous program year. The information shall include, 456 but is not limited to, (1) the total administrative cost to the state government, (2) the total 457 administrative cost to local governments, (3) a description of the incentive for manufacturer 458 collection, and (4) a description of the education, outreach, or other marketing efforts conducted 459 by the state or local governments to promote collection of covered electronic products. 460 Section 14. (a) No person shall sell covered electronic products from producers not 461 registered pursuant to this chapter. A retailer shall not be in violation of this subsection if, at time 462 of purchase from producer, the producer was not in violation of this Chapter. This subsection 463 shall not apply to used electronic products that are reused. 23 of 25 464 (b) No person shall offer for sale an electronic product unless a visible, permanent label 465 clearly identifying the producer of that product is affixed to said electronic product. 466 (c) All retailers shall provide information describing where and how to recycle an 467 electronic product provided by the producer pursuant to this act. 468 (d) No person shall knowingly dispose of any electronic product except as provided in 469 this chapter. 470 (e) No person shall import a covered electronic product into the commonwealth with the 471 intent of recycling or discarding said product; provided further, that any covered electronic 472 product so imported shall not be eligible for reimbursement under the provisions of this chapter. 473 Section 15. The department shall be charged with the enforcement of sections 1 to 14, 474 inclusive. If any person refuses to obey a decision of the department the attorney general shall, 475 upon request of the department, file a petition for the enforcement of such decision in the 476 superior court for Suffolk County or for the county in which the defendant resides or has a place 477 of business. After hearing, the court shall order the enforcement 478 of such decision or any part thereof, if legally and properly made by the department. 479 Section 16. The department may participate in the establishment of a regional multistate 480 organization or compact to assist in carrying out the requirements of this chapter. 481 Section 17. (a) There shall be in the Department an advisory commission, chaired by the 482 Commissioner of the Department or his designee, for electronic waste. The commission shall 483 include the Senate chair of the Joint Committee on Environment, Natural Resources, and 484 Agriculture or his designee, the House chair of the Joint Committee on Environment, Natural 24 of 25 485 Resources, and Agriculture or his designee. The advisory commission shall also include the 486 following individuals to be appointed by the Secretary of Energy and Environmental Affairs: one 487 individual representing covered television product manufacturers, one individual representing 488 processors of covered electronic products, one individual representing a trade association of 489 covered computer product manufacturers or covered television product manufacturers , one 490 individual representing covered computer manufacturers, one individual representing retailers of 491 covered electronic products, one representative of the Massachusetts Municipal Association, one 492 representative of the Massachusetts Product Stewardship Council, and one individual 493 representing a statewide conservation organization. 494 (b) Appointments to the advisory commission shall be made not later than 30 days after 495 the effective date of this statute. If a vacancy occurs on the commission, the vacancy shall be 496 filled within 30 days. 497 (c) Said advisory commission shall have the following duties: (1) It shall advise the 498 Department on policy and program development under this section, specifically regarding 499 performance standards; (2) It shall review the registration and renewal fees for producers, 500 collectors and processors, and shall make recommendations to the commissioner relative thereto; 501 and (3) It shall make recommendations to the Joint Committee on Environment, Natural 502 Resources, and Agriculture on recommendations of amending the definition of electronic product 503 under this statute to cover other electronic products, including but not limited to medical 504 equipment. 505 (d) The advisory commission shall meet at least four times a year and shall convene 506 special meetings at the call of the Commissioner. A written record of all meetings of the 25 of 25 507 committee shall be maintained by the Department. Members of the commission shall serve 508 without compensation. The members of the commission representing the Department or the 509 General Court shall serve without additional compensation. 510 SECTION 2. Notwithstanding any general or special law to the contrary and unless 511 otherwise specified herein, this act shall take effect January 1, 2025.