November 8, 2007, Introduced by Senators GARCIA, BIRKHOLZ, RICHARDVILLE, PAPPAGEORGE, KAHN, GILBERT, BROWN, GLEASON and JANSEN and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding part 173.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 173 ELECTRONICS
Sec. 17301. As used in this part:
(a) "Computer" means a desktop personal computer or laptop
computer, including a computer monitor. Computer does not include
any of the following:
(i) A personal digital assistant device.
(ii) A computer peripheral device, including a mouse or other
similar pointing device, a printer, or a detachable keyboard.
(b) "Department" means the department of environmental
quality.
(c) "Electronic device" means a computer or video display
device.
(d) "Electronic waste" means waste consisting of electronic
devices.
(e) "Household electronic device" means an electronic device
that has primarily been used for personal or home business purposes
in a dwelling in this state.
(f) "Household electronic device takeback program" or
"takeback program" means a program that meets all of the following
requirements:
(i) A manufacturer or the manufacturer's designee accepts from
a consumer any household electronic device labeled with the
manufacturer's name brand label that has reached the end of its
useful life for the consumer.
(ii) A consumer is not required to pay a separate fee when the
consumer returns the household electronic device to the
manufacturer or the manufacturer's designee.
(iii) The collection of household electronic devices is
reasonably convenient and available to and otherwise designed to
meet the needs of consumers in this state. Examples of collection
methods that alone or combined meet the convenience requirements of
this subparagraph include systems for the consumer to return
household electronic devices by 1 or more of the following means:
(A) Mail.
(B) Deposit at a local physical collection site that is kept
open and staffed on a continuing basis.
(C) Deposit during periodic local collection events.
(iv) The manufacturer provides a consumer information on how
and where to return a household electronic device labeled with the
manufacturer's name or brand label, including, but not limited to,
collection, recycling, and reuse information on the manufacturer's
publicly available internet site. The manufacturer may also include
collection, recycling, and reuse information in the packaging for
or in other materials that accompany the manufacturer's electronic
devices when the electronic devices are sold or provide that
information via a toll-free telephone number.
(g) "Household electronic waste" means waste consisting of
household electronic devices.
(h) "Manufacturer" means a person who meets both of the
following requirements:
(i) Is the brand owner of an electronic device brand sold or
offered for sale in this state, by any means, including
transactions conducted through sales outlets, catalogs, or the
internet.
(ii) Manufactured an average of more than 1,000 electronic
devices per year in the immediately preceding 3–year period.
(i) "Manufacturer's registration" means a registration as
required under section 17303.
(j) "Recycler" includes a handler, broker, refurbisher,
demanufacturer, or processor who is engaged in the business of
acquiring electronic waste and sorting and processing the
electronic waste to facilitate recycling or resource recovery
techniques. Recycler does not include a collector, hauler, or
electronics shop.
(k) "Recycler's registration" means a registration as required
under section 17309.
(l) "Retailer" means any person that sells an electronic device
to a consumer.
(m) "Video display device" means an electronic device with an
output surface consisting of a screen that is greater than 4 inches
measured diagonally and that displays or is capable of displaying
moving graphical images or a quickly changing sequence of images
that creates the illusion of motion. Video display device includes
a device that is an integral part of the display, that cannot
easily be removed from the display by the consumer, and that
produces the moving image on the screen. A video display device may
use a cathode–ray tube, liquid crystal display, gas plasma, digital
light processing, or other image–projection technology. Video
display device does not include a device that is part of a motor
vehicle or that is contained within a household appliance or within
commercial, industrial, or medical equipment.
Sec. 17303. Beginning December 1, 2008, a manufacturer shall
not sell or offer for sale to any person in this state a new
electronic device unless all of the following requirements are met:
(a) The electronic device is labeled with the manufacturer's
name or brand label.
(b) The manufacturer has registered with the department and
paid the registration fee under section 17305.
Sec. 17305. (1) A manufacturer's registration shall be
submitted on a form provided by the department and shall include
all of the following:
(a) The manufacturer's name, address, and telephone number.
(b) Each brand name under which the manufacturer sells or
offers for sale electronic devices in this state.
(c) Whether the manufacturer has implemented a household
electronic device takeback program.
(d) If the manufacturer has implemented a household electronic
device takeback program, all of the following:
(i) Information provided to consumers on how and where to
return household electronic devices labeled with the manufacturer's
name or brand label.
(ii) The means by which information described in subparagraph
(i) is disseminated to consumers.
(iii) Beginning with the first registration submitted more than
1 year after the implementation of the takeback program, a report
on the implementation of the takeback program during the prior
year, including all of the following:
(A) The total weight of the electronic devices received by the
takeback program from persons in this state during the prior year.
(B) The total number of electronic devices received from
persons in this state and recycled or reused during the prior year.
(C) The processes and methods used to recycle or reuse the
electronic devices received from persons in this state.
(D) The identity of any recycler with whom the manufacturer
contracts for the recycling of electronic devices received from
persons in this state. Information submitted under this subdivision
is exempt from disclosure under the freedom of information act,
1976 PA 442, MCL 15.231 to 15.246, and shall not be disclosed by
the department unless otherwise required by law or court order.
(2) A manufacturer's registration shall be submitted to the
department by January 1 of each year. If the manufacturer has
implemented a household electronic device takeback program, the
manufacturer shall update the manufacturer's registration before
making any significant change in the takeback program.
(3) A manufacturer's registration shall be accompanied by a
fee as follows:
(a) $10,000.00 for the initial manufacturer's registration.
(b) $5,000.00 for each subsequent annual manufacturer's
registration if the manufacturer did not conduct a household
electronic device takeback program in the prior year.
(c) $500.00 for each subsequent annual manufacturer's
registration if the manufacturer conducted a takeback program in
the prior year.
(4) Revenue from manufacturer's registration fees collected
under this section shall be deposited in the recycling trust fund
created in section 17503. The revenue shall be expended, pursuant
to section 17503, for both of the following purposes:
(a) To reimburse the department for the expenses of
administering this part.
(b) For grants for recycling or other waste diversion programs
for household electronic waste.
(5) If a manufacturer's registration does not meet the
requirements of this section and rules promulgated under this part,
the department shall notify the manufacturer of the insufficiency.
Within 60 days after receipt of a notice of insufficiency, the
manufacturer shall submit a revised manufacturer's registration
that addresses the insufficiencies identified by the department.
(6) The department shall maintain on its website a list of
registered manufacturers.
Sec. 17307. A retailer shall not sell or offer for sale to any
person in this state a new electronic device from a manufacturer,
unless the manufacturer appears on the list under section 17305(6).
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 899
of the 94th Legislature is enacted into law.