THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HUTCHINSON, BEYER, CARROLL, CLYMER, CREIGHTON, EVERETT, FLECK, GEIST, GEORGE, GIBBONS, GINGRICH, GOODMAN, HALUSKA, HENNESSEY, HESS, MAJOR, McGEEHAN, MELIO, MILLER, RAPP, SCAVELLO, SIPTROTH, STERN, VULAKOVICH AND WALKO, FEBRUARY 13, 2009

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 13, 2009  

AN ACT

Establishing a program for the recycling of computer equipment

of consumers in this Commonwealth; providing for the powers

and duties of the Department of Environmental Protection; and

prescribing administrative penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Manufacturer

Responsibility and Consumer Convenience Computer Equipment

Collection and Recovery Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Brand."  The name, symbol, logo, trademark or other

information that identifies a product rather than the components

of the product.

"Computer equipment."  A desktop or notebook computer,

including a computer monitor or other display device that does

not contain a tuner.

"Department."  The Department of Environmental Protection of

the Commonwealth.

"Manufacturer."  A person:

(1)  who manufactures or manufactured computer equipment

under a brand that:

(i)  the person owns or owned; or

(ii)  the person is or was licensed to use, other

than under a license to manufacture computer equipment

for delivery exclusively to or at the order of the

licensor;

(2)  who sells or sold computer equipment manufactured by

others under a brand that:

(i)  the person owns or owned; or

(ii)  the person is or was licensed to use, other

than under a license to manufacture computer equipment

for delivery exclusively to or at the order of the

licensor;

(3)  who manufactures or manufactured computer equipment

without affixing a brand;

(4)  who manufactures or manufactured computer equipment

to which the person affixes or affixed a brand that:

(i)  the person does not or has not owned; or

(ii)  the person is not or was not licensed to use;

or

(5)  for whose account computer equipment manufactured

outside the United States is or was imported into the United

States if, at the time of importation, the computer equipment

was not included for collection under the recovery plan of

another person.

"Television."  A telecommunication system device 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.

Section 3.  Legislative findings and purpose.

The General Assembly finds and declares as follows:

(1)  Computers and related display devices are critical

elements to the strength and growth of this Commonwealth's

economic prosperity and quality of life.

(2)  Many computers and related display devices can be

refurbished and reused and many contain valuable components

that can be recycled.

(3)  The Commonwealth needs to establish a comprehensive,

convenient and environmentally sound program for the

collection, recycling and reuse of computer equipment that

has reached the end of its useful life.

(4)  The program should be based on individual

manufacturer responsibility and shared responsibility among

consumers, retailers and the government of the Commonwealth.

Section 4.  Applicability.

(a)  General rule.--The collection, recycling and reuse

provisions of this act shall apply to computer equipment used

and returned to a manufacturer by a consumer in this

Commonwealth.

(b)  Exceptions.--This act does not apply to:

(1)  A television, any part of a motor vehicle, a

personal digital assistant or a telephone.

(2)  A consumer's lease of computer equipment or a

consumer's use of computer equipment under a lease agreement.

(3)  The sale or lease of computer equipment to a

business.

Section 5.  Manufacturer responsibilities.

(a)  General rule.--Before a manufacturer may offer computer

equipment for sale in this Commonwealth, the manufacturer must:

(1)  Adopt and implement a recovery plan.

(2)  Affix a permanent, readily visible label to the

computer equipment which specifies the manufacturer's brand.

(b)  Contents of recovery plan.--The recovery plan shall

include, at no charge to the consumer, provisions for:

(1)  The manufacturer's collection from a consumer of any

computer equipment that has reached the end of its useful

life and is labeled with the manufacturer's brand.

(2)  Recycling or reuse of computer equipment collected

under paragraph (1).

(c)  Collection criteria.--The collection of computer

equipment provided under the recovery plan shall be:

(1)  Reasonably convenient and available to consumers in

this Commonwealth.

(2)  Designed to meet the collection needs of consumers

in this Commonwealth.

(d)  Collection methods.--Collection methods that meet the

convenience requirements of this section include:

(1)  A system by which the manufacturer or the

manufacturer's designee offers the consumer a system for

returning computer equipment by mail.

(2)  A system using a physical collection site that the

manufacturer or the manufacturer's designee keeps open and

staffed and to which the consumer may return computer

equipment.

(3)  A system using a collection event held by the

manufacturer or the manufacturer's designee at which the

consumer may return computer equipment.

(e)  Collection services.--Collection services under this

section may use existing collection and consolidation

infrastructure for handling computer equipment and may include

electronic recyclers and repair shops, recyclers of other

commodities, reuse organizations, not-for-profit corporations,

retailers, recyclers and other suitable operations.

(f)  Information to consumers.--The recovery plan shall

include information for the consumer on how and where to return

the manufacturer's computer equipment. The manufacturer:

(1)  Shall include collection, recycling and reuse

information on the manufacturer's publicly accessible

Internet website.

(2)  Shall provide collection, recycling and reuse

information to the department.

(3)  May include collection, recycling and reuse

information in the packaging for or in other materials that

accompany the manufacturer's computer equipment when the

equipment is sold.

(g)  Effect of published information.--Information about

collection, recycling and reuse on a manufacturer's publicly

accessible Internet website does not constitute a determination

by the department that the manufacturer's recovery plan or

actual practices are in compliance with this act or any other

law.

(h)  Manufacturer reporting to department.--A manufacturer

shall submit a report to the department no later than January 31

of each year that includes:

(1)  The weight of computer equipment collected, recycled

and reused during the preceding calendar year.

(2)  Documentation verifying the collection, recycling

and reuse of the computer equipment.

Section 6.  Environmental management.

(a)  Multiple manufacturers for single brand.--

(1)  If more than one person is a manufacturer of a

certain brand of computer equipment, any of those persons may

assume responsibility for and satisfy the obligations of a

manufacturer under this act for that brand.

(2)  If none of those persons assumes responsibility or

satisfies the obligations of a manufacturer for the computer

equipment of that brand, the department may consider any of

those persons to be the responsible manufacturer for purposes

of this act.

(b)  Date of manufacture irrelevant.--The obligations under

this act of a manufacturer who manufactures or manufactured

computer equipment, or sells or sold computer equipment

manufactured by others under a brand that was previously used by

a different person in the manufacture of the computer equipment,

extends to all computer equipment bearing that brand regardless

of its date of manufacture.

Section 7.  Retailer responsibility.

A person who is a retailer of computer equipment may not sell

or offer to sell computer equipment in this Commonwealth, unless

the equipment is labeled with the manufacturer's label and the

manufacturer is included on the department's list of

manufacturers that have recovery plans.

Section 8.  Liability.

(a)  General rule.--A manufacturer or retailer of computer

equipment shall not be liable for information in any form that a

consumer leaves on computer equipment that is collected,

recycled or reused under this act.

(b)  Construction.--Subsection (a) shall not be construed to

exempt a person from liability under any other law.

Section 9.  Consumer education.

(a)  Duty of department.--The department shall educate

consumers regarding the collection, recycling and reuse of

computer equipment.

(b)  Publication of information.--The department shall host

an Internet website providing consumers with information about

the recycling and reuse of computer equipment, including

information about and links to information on:

(1)  Manufacturers' collection, recycling and reuse

programs, including manufacturers' recovery plans.

(2)  Computer equipment collection events, collection

sites and community computer equipment recycling and reuse

programs.

(c)  Effect of published information.--Inclusion on the

department's Internet website under subsection (b) does not

constitute a determination by the department that the

manufacturer's recovery plan or practices are in compliance with

this act or any other law.

Section 10.  Enforcement.

(a)  General rule.--The department may conduct audits and

inspections to determine compliance with this act.

(b)  Enforcement action.--The department and the Attorney

General, as appropriate, shall enforce this act and take

enforcement action against any manufacturer, retailer or person

who recycles or reuses computer equipment in violation of this

act.

(c)  Administrative penalties.--

(1)  A manufacturer that does not label the new computer

equipment or adopt and implement a recovery plan as required

by the department may be assessed an administrative penalty,

in addition to any other penalty under this act, of not more

than $10,000 for the first violation and not more than

$25,000 for each subsequent violation.

(2)  A person who violates this act may be assessed an

administrative penalty, in addition to any other penalty

under this act, of not more than $1,000 for the first

violation and not more than $2,000 for each subsequent

violation.

(d)  Deposit of penalties.--A penalty assessed under this

section shall be paid to the department and deposited into the

Recycling Fund.

Section 11.  Financial and proprietary information.

Financial or proprietary information submitted to the

department under this act is exempt from public disclosure under

the act of February 14, 2008 (P.L.6, No.3), known as the Right-

to-Know Law.

Section 12.  Annual report to General Assembly.

The department shall compile information from manufacturers

and issue an electronic report to the committee in the Senate

and the House of Representatives having primary jurisdiction

over environmental matters no later than March 1 of each year.

Section 13.  Fees not authorized.

This act does not authorize the department to impose a fee,

including a recycling fee or registration fee, on a consumer,

manufacturer, retailer or person who recycles or reuses computer

equipment.

Section 14.  Consumer responsibility.

A consumer is responsible for any information in any form

left on the consumer's computer equipment that is collected,

recycled or reused.

Section 15.  Environmental management.

(a)  General rule.--All computer equipment collected under

this act shall be recycled or reused in a manner that complies

with Federal, State and local law.

(b)  Standards to be adopted.--The department shall adopt as

standards for recycling or reuse of computer equipment in this

Commonwealth the standards provided by "Electronics Recycling

Operating Practices" as approved by the board of directors of

the Institute of Scrap Recycling Industries, Inc., April 25,

2006, or other standards from a comparable nationally recognized

organization.

Section 16.  State procurement requirements.

(a)  General rule.--A person who submits a bid for a contract

with a State agency for the purchase or lease of computer

equipment must be in compliance with this act.

(b)  Prospective bidder certification.--A State agency that

purchases or leases computer equipment shall require each

prospective bidder to certify the bidder's compliance with this

act. Failure to provide this certification shall render the

prospective bidder ineligible to participate in the bidding.

(c)  Preferences.--In considering bids for a contract for

computer equipment, in addition to any other preference provided

under other laws of this Commonwealth, a State agency shall give

special preference to a manufacturer that has a program to

recycle or reuse the computer equipment of other manufacturers,

including collection events, recycling grants and manufacturer

initiatives to accept computer equipment labeled with another

manufacturer's brand.

(d)  Duty of Department of General Services.--The Department

of General Services shall adopt rules to implement this section.

(e)  Definition.--For purposes of this section, "State

agency" shall have the same meaning as "Commonwealth agency"

under 62 Pa.C.S. § 103 (relating to definitions).

Section 17.  Federal preemption.

If Federal law establishes a national program for the

collection and recycling of computer equipment and the

department determines that the Federal law substantially meets

the purposes of this act, the department may publish a notice in

the Pennsylvania Bulletin stating that the Federal law is

preemptive of this act.

Section 18.  Expiration.

This act shall expire on the date the department publishes

the notice under section 17.

Section 19.  Regulations.

The department shall adopt any rules or regulations necessary

to implement this act.

Section 20.  Effective date.

This act shall take effect in 60 days.