A817

An Act concerning electronic waste recycling, and supplementing Title 13 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. This act shall be known and may be cited as the “Electronic Waste Recycling Act.”

2. As used in this act:

”Brand” means symbols, words, or marks that identify a covered electronic device, rather than any of its components.

“Cathode ray tube” means a vacuum tube or picture tube used to convert an electronic signal into a visual image.

“Computer” means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage function, and may include both a computer central processing unit and a monitor, but the term shall not include an automated typewriter or typesetter, a portable handheld calculator, a portable digital assistant, or other similar device.

“Consumer” means an individual who purchases a covered electronic device in a transaction that is a retail sale.

“Covered electronic device” means a desktop or personal computer, computer monitor, portable computer, or television sold to a consumer. A “covered electronic device” shall not include any of the following: (1) an electronic device that is a part of a motor vehicle or any component part of a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle; (2) an electronic device that is functionally or physically a part of a larger piece of equipment designed and intended for use in an industrial, commercial, or medical setting, including diagnostic, monitoring, or control equipment; (3) an electronic device that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, or air purifier; or (4) a telephone of any type unless it contains a video display area greater than four inches measured diagonally.

“Department” means the Department of Environmental Protection.

“Manufacturer” means any person: (1) who manufactures or manufactured covered electronic devices under a brand that it owns or owned or is or was licensed to use, other than a license to manufacture covered electronic devices for delivery exclusively to or at the order of the licensor; (2) who sells or sold covered electronic devices manufactured by others under a brand that the seller owns or owned or is or was licensed to use, other than a license to manufacture covered electronic devices for delivery exclusively to or at the order of the licensor; (3) who manufactures or manufactured covered electronic devices without affixing a brand; (4) who manufactures or manufactured covered electronic devices to which it affixes or affixed a brand that it neither owns or owned nor is or was licensed to use; or (5) for whose account covered electronic devices manufactured outside the United States are or were imported into the United States, provided however, if, at the time such covered electronic devices are or were imported into the United States, another person has registered as the manufacturer of the brand of the covered electronic devices pursuant to subsection b. of section 5 of this act, then paragraph (5) of this definition shall not apply.

“Monitor” means a separate video display component of a computer, whether sold separately or together with a computer central processing unit and computer box, and includes a cathode ray tube, liquid crystal display, gas plasma, digital light processing, or other image projection technology, greater than four inches measured diagonally, and its case, interior wires and circuitry, cable to the central processing unit, and power cord.

“Obligation” means the return share in weight, identified for an individual manufacturer, as determined by the department pursuant to subsection a. of section 8 of this act.

“Orphan device” means a covered electronic device for which no manufacturer can be identified.

“Person” means an individual, trust firm, joint stock company, business concern, and corporation, including, but not limited to, a government department, partnership, limited liability company, or association.

“Portable computer” means a computer and video display greater than four inches in size that can be carried as one unit by an individual, including a laptop computer.

“Program year” means a full calendar year beginning on or after January 1, 2009.

“Purchase” means the taking, by sale, of title in exchange for consideration.

“Recycling” means any process by which materials which would otherwise become solid waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products. “Recycling” shall not include energy recovery or energy generation by means of incinerating electronic waste whether apart or in combination with other wastes.

“Registrant” means a manufacturer of covered electronic devices that is in full compliance with the requirements of this act.

“Retail sales” means the sale of covered electronic devices through sales outlets, via the Internet, mail order, or other means, whether or not the retailer has a physical presence in this State.

“Retailer” means a person who owns or operates a business that sells new covered electronic devices in this State by any means to a consumer.

“Return share” means the proportion of covered electronic devices for which an individual manufacturer is responsible to collect, transport, and recycle, as determined by the department pursuant to subsection a. of section 8 of this act. “Return share in weight” means the total weight of covered electronic devices for which an individual manufacturer is responsible to collect, transport, and recycle, as determined by the department pursuant to subsection a. of section 8 of this act.

“Sale” or “sell” means any transfer for consideration of title, including, but not limited to, transactions conducted through sales outlets, catalogs, or the Internet, or any other, similar electronic means, and excluding leases.

“Television” means a stand-alone display system containing a cathode ray tube or any other type of display primarily intended to receive video programming via broadcast, having a viewable area greater than four inches measured diagonally, able to adhere to standard consumer video formats and having the capability of selecting different broadcast channels and support sound capability.

“Video display” means an output surface having a viewable area greater than four inches when measured diagonally that displays moving graphical images or a visual representation of image sequences or pictures, showing a number of quickly changing images on a screen in fast succession to create the illusion of motion, including, if applicable, a device that is an integral part of the display and cannot be easily removed from the display by the consumer that produces the moving image on the screen. A “video display” typically uses a cathode ray tube, liquid crystal display, gas plasma, digital light processing, or other image projection technology.

3. a. Any manufacturer that is not in compliance with all financial and other requirements of this act shall be prohibited from selling or offering for sale in this State a covered electronic device.

b. Beginning on January 1, 2009, it shall be unlawful for any person to sell or offer for sale in this State a new covered electronic device from a manufacturer that is not in full compliance with the requirements of this act.

c. The department shall maintain a list of all manufacturers in compliance with the requirements of this act and shall post the list on the department’s Internet website.

d. Sellers of products in or into the State shall consult the list established by the department pursuant to subsection c. of this section prior to selling covered electronic devices in this State. A seller shall be considered to have complied with this responsibility if, on the date that the product was ordered from the manufacturer or its agent, the manufacturer was listed as being in compliance on the aforementioned website.

4. On and after the effective date of this act, a manufacturer or retailer may not sell or offer for sale a covered electronic device in this State unless the covered electronic device is labeled with the manufacturer's brand, and the label is permanently affixed and readily visible.

5. a. (1) By January 30, 2010, and by each January 30 thereafter, the department shall:

(a) have completed an auditable, statistically significant sampling of covered electronic devices collected from consumers in this State by the department during the previous program year. The sampling information collected shall consist of a list of brands of covered electronic devices and the weight of covered electronic devices that are identified for each brand. The department’s sampling shall be conducted in accordance with a procedure established by the department and may be conducted by a third-party organization including a recycler, to be determined by the department. The department may, at its discretion, be present at the sampling and may audit the methodology and the results of the third-party organization. The costs associated with the sampling shall be recovered from the fees paid by manufacturers to the department; and

(b) determine the total weight of covered electronic devices, including orphan devices, collected from consumers in this State by the department during the previous program year.

(2) If a manufacturer or group of manufacturers conducts its own collection, transportation, and recycling program for covered electronic devices, the manufacturer or group of manufacturers shall submit a report to the department annually by January 30, beginning the year after the program is initiated. The report shall include:

(a) the results of an auditable, statistically significant sampling of covered electronic devices collected from consumers in this State by the manufacturer or group of manufacturers during the previous program year. The sampling information reported shall consist of a list of brands of covered electronic devices and the weight of covered electronic devices that are identified for each brand; and

(b) the total weight of covered electronic devices, including orphan devices, collected from consumers in this State by the manufacturer or group of manufacturers during the previous program year and documentation verifying collection and recycling of such devices.

b. By January 1, 2008, and each January 1 thereafter, each manufacturer of covered electronic devices offered for sale for delivery in this State shall register with the department and pay a registration fee of $5,000. Any manufacturer to whom the department provides notification of a return share and return share in weight pursuant to subsection a. of section 8 of this act and who has not previously filed a registration shall file a registration with the department within 30 days of receiving such notification from the department. Each manufacturer’s registration and renewal shall include a list of all of the manufacturer’s brands of covered electronic devices.

6. a. By June 1, 2008, each manufacturer to whom the department provides, by April 2, 2008, a return share in weight that is greater than zero shall:

(1) submit an additional fee to the department based on its return share in weight of covered electronic devices. The fee shall be calculated using the following formula: the manufacturer’s return share in weight multiplied by no more than $0.50 per pound; or

(2) submit a plan to the department to collect, transport and recycle covered electronic devices.

b. Each manufacturer to whom the department provides, by February 15, 2010 or by February 15 of any year thereafter, a return share in weight that is greater than zero shall, by March 15 of that year, comply with the requirements of paragraphs (1) or (2) of subsection a. of this section.

c. An individual manufacturer submitting a plan in lieu of payment of the fee set forth in subsection a. of this section shall collect, transport, and recycle its return share in weight.

d. A group of manufacturers jointly submitting a plan in lieu of payment of the fee set forth in subsection a. of this section shall collect, transport, and recycle the sum of the obligations of each participating manufacturer.

e. Every plan shall be filed with a manufacturer's annual registration, and shall include:

(1) Methods that will be used to collect the covered electronic devices including the name and location of proposed collection services;

(2) The processes and methods that will be used to recycle recovered covered electronic devices including a description of the recycling processes that will be used, including the name and location of all recyclers to be directly utilized by the plan;

(3) Means that will be utilized to publicize the collection services, including specification of a website or toll-free telephone number that provides information about the manufacturer’s program in sufficient detail to allow consumers to learn how to return their covered electronic devices for recycling; and

(4) The intention of the registrant to fulfill its obligation through operation of its own plan, either individually or with other manufacturers.

f. Before the fee set forth in subsection a. of this section may be waived by the department, the plan shall be reviewed to determine its compliance with subsection e. of this section and approved by the department. Upon approval of the plan by the department, the payment of the annual fee set forth in subsection a. of this section shall be waived. The department may reject the plan, in whole or in part, and may impose additional requirements as a condition of approval.

g. If a manufacturer fails to comply with all the conditions and terms of an approved plan, the manufacturer shall be required to submit the following:

(1) A payment to the department to cover the cost of collecting, transporting, and recycling the unmet portion of its obligation. The payment shall be equal to the following formula: the quantity of the outstanding portion, in pounds, multiplied by no more than $0.50; and

(2) A penalty in the form of a payment equal to the cost of collecting, transporting, and recycling 10% of the manufacturer's total obligation.

h. Manufacturers that collect, transport, and recycle covered electronic devices in excess of their obligation may sell credits to another registrant or apply that excess to the following year's recycling obligation.

i. Whenever more than one person is within the definition of manufacturer of a brand of a covered electronic device pursuant to section 2 of this act, any one or more such persons may assume responsibility for and satisfy the obligations of a manufacturer under this act with respect to covered electronic devices bearing that brand. In the event that no person assumes responsibility for and satisfies the obligations of a manufacturer under this act with respect to covered electronic devices bearing that brand, the department may consider any one or more persons within such definition to be the manufacturer of that brand.

j. The obligations under this act for a manufacturer who manufactures or manufactured covered electronic devices, or who sells or sold covered electronic devices manufactured by others, under a brand that was previously used by a different person in the manufacture of covered electronic devices shall extend to all covered electronic devices bearing that brand.

k. Nothing in this act is intended to exempt any person from liability the person would otherwise have under applicable law.
7. a. A retailer shall clearly post and provide information provided by the department that describes where and how to recycle the covered electronic device and opportunities and locations for the collection or return of the device, through the use of a toll-free telephone number and website, information included in the packaging, or information provided accompanying the sale of the covered electronic device. This information shall be provided in clear written form in English and any other languages deemed to be primary languages by the State Department of Education.

b. Beginning January 1, 2009, a retailer shall only sell products from registrants. Retailers shall consult the list posted on the department’s Internet website pursuant to section 3 of this act prior to selling covered electronic devices in this State. A retailer shall be considered to have complied with this responsibility if on the date that the product was ordered from the manufacturer or its agent, the manufacturer was listed as being in compliance on the aforementioned website.

8. a. (1) The department shall determine the return share for each program year for each manufacturer by dividing the weight of covered electronic devices identified for each manufacturer by the total weight of covered electronic devices identified for all manufacturers. For the first program year, the return share of covered electronic devices identified for each manufacturer shall be based on the best available public return share data from the United States, including data from other states, for covered electronic devices from consumers. For the second and each subsequent program year, the return share of covered electronic devices identified for each manufacturer shall be based on the most recent samplings of covered electronic devices conducted in this State pursuant to subsection a. of section 5 of this act.

(2) The department shall determine the return share in weight for each program year for each manufacturer for whom a return share is determined pursuant to paragraph (1) of this subsection by multiplying the return share for each such manufacturer by the total weight in pounds of covered electronic devices, including orphan devices, collected from consumers the previous program year. For the first program year, the total weight in pounds of covered electronic devices shall be based on the best available public weight data from the United States, including data from other states, for covered electronic devices from consumers. For the second and each subsequent program year, the total weight in pounds of covered electronic devices shall be based on the total weight of covered electronic devices, including orphan devices, determined by the department pursuant to subsection a. of section 5 of this act.

(3) By April 2, 2008, the department shall provide each manufacturer for whom a return share is determined pursuant to paragraph (1) of this subsection with its return share and its return share in weight for the first program year. Annually thereafter, by February 15, beginning in 2010, the department shall provide each manufacturer for whom a return share is determined pursuant to paragraph (1) of this subsection with its return share and its return share in weight for the second and subsequent program years.

b. The department shall receive fees from manufacturers as provided in section 6 of this act.

c. (1) The department shall organize, administer, and ensure that at least one electronics collection opportunity is available at least five days a week in each county throughout the State and in such a manner as to be convenient, to the maximum extent practicable and feasible, to all consumers in the county.

(2) The department shall ensure that collection sites do not place limits on the number of covered electronic devices permitted for drop-off by consumers.

(3) The department shall encourage the use of existing collection and consolidation infrastructures for handling covered electronic devices to the extent that this infrastructure is accessible on a regular and ongoing basis to at least 85% of the population of the State, is cost effective, and meets the environmentally sound management requirements of section 11 of this act.

d. (1) Beginning April 1, 2008, the department shall maintain a list of registrants and the brands reported in each manufacturer’s registration, and post the list on the department’s Internet website that is updated at least once a month.

(2) The department shall organize and coordinate public education and outreach.

e. The department shall use the revenues received from registrants for the sole purpose of fulfilling its responsibilities under this act. In the event that expenses from administration, education, collection, transportation, and recycling activities exceed receipts, the department may borrow from outside sources up to 10% of the projected annual State revenues from fees submitted under this act. Borrowed funds shall be repaid within two years.

f. The department shall prepare a plan every three years that: (1) establishes per-capita collection and recycling goals; and (2) identifies any necessary State actions to expand collection opportunities to achieve the per-capita collection and recycling goals. The plan shall be posted on the department’s Internet website and submitted, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature.

g. The department shall prepare an annual report, which shall be posted on the department’s Internet website and submitted, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature.

The annual report shall include the following:

(1) A list of all parties that the department has designated as approved to receive payments for collection, transportation, or recycling, the amount of payments it has made to those parties, and the purpose of those payments;

(2) The total weight of covered electronic devices collected in the State the previous calendar year;

(3) Progress toward achieving the overall annual total recovery and recycling goals described in the plan prepared pursuant to subsection f. of this section;

(4) A complete listing of all collection sites operating in the State in the prior calendar year, the parties that operated them, and the amount of material by weight collected at each site;

(5) An evaluation of the effectiveness of the education and outreach program; and

(6) An evaluation of the existing collection and processing infrastructure.

h. The program implemented to effectuate the provisions of this act and its associated regulations shall be fully audited by an independent, certified public accountant at the end of each calendar year and the audit report shall be submitted, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature.

9. a. The department shall maintain a website and toll-free number complete with up-to-date listings of where consumers can bring covered electronic devices for recycling under the provisions of this act.

b. The department shall not be held financially liable or responsible for any violation of federal, State, or local law by any person to whom the department makes payment pursuant to section 10 of this act.

c. No more frequently than annually and no less frequently than biennially, the department shall review, at a public hearing, the covered electronic device recycling rate and registration fees. Recommended changes to the covered electronic device recycling rate and registration fees shall be included in the annual report required pursuant to subsection g. of section 8 of this act.

d. No fees or costs may be charged to consumers for the collection, transportation, or recycling of covered electronic devices.

10. The department shall engage in competitive bidding for the collection, transportation, and recycling of covered electronic devices in accordance with the procedures concerning the awarding of public contracts provided in P.L.1954, c.48 (C.52:34-6 et seq.).

a. The department shall make payments for the collection, transportation, and recycling of covered electronic devices to an authorized or approved person, pursuant to this section, upon receipt of a completed and verified invoice submitted to the department in the form and manner determined by the department.

b. In order to receive payment, proof will be required that:

(1) the covered electronic device was collected from a consumer who is a resident of the State or is otherwise located in the State, or who provides evidence that the device was purchased in this State after the effective date of this act;

(2) the collection, transportation, and recycling of the covered electronic devices was conducted in accordance with all federal, State, and local laws, including the requirements established under this act, and any rules or regulations adopted pursuant thereto; and

(3) no fees or costs were charged to the consumer.

11. a. Covered electronic devices collected through any program in this State, whether by manufacturers, retailers, for-profit or not-for profit corporations, or units of government, or organized by the department, shall be recycled in a manner that is in compliance with all applicable federal, State, and local laws, regulations, and ordinances, and shall not be exported for disposal in a manner that poses a significant risk to the public health or the environment.

b. The department shall establish performance requirements in order for collectors, transporters, and recyclers to be eligible to receive funds from the department. Every collector, transporter, and recycler shall, at a minimum, demonstrate compliance with the United States Environmental Protection Agency’s Plug-In to eCycling Guidelines for Materials Management as issued and available on the United States Environmental Protection Agency’s Internet website in addition to any other requirements mandated by federal or State law. The department shall maintain an Internet website that shall include a list of collectors, transporters, and recyclers that it has determined have met these performance requirements.

12. On and after January 1, 2009, no person shall knowingly dispose of a used covered electronic device, or any of the components or subassemblies thereof, as solid waste.

13. a. The State, including the Attorney General and the department, shall be authorized to initiate independent action to enforce any provision of this act, including failure by a manufacturer to remit the registration fee required pursuant to section 5 of this act, the fee required pursuant to section 6 of this act, or any fee required pursuant to subsection b. of section 14 of this act to the department. Any funds awarded by the court shall be used first to offset enforcement expenses. Money in excess of the enforcement expenses shall be deposited into a separate account, and shall be dedicated for use by the department solely for the purposes of administering and enforcing the provisions of this act and any rules or regulations adopted pursuant thereto.

b. Violations of the act include, but are not limited to:

(1) the sale of a new covered electronic device by any person that is not in full compliance with the provisions of this act;

(2) the application for compensation for the collection, transportation, and recycling of covered electronic devices not collected within the State, or region as provided in section 15 of this act;

(3) the use of a qualified collection program to recycle covered electronic devices not discarded within the State, or region as provided in section 15 of this act;

(4) the knowing failure to report or accurately report any data required to be reported to the department pursuant to this act; and

(5) the non-payment of any fee required pursuant to this act.

14. a. The department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B‑1 et seq.), rules and regulations as are necessary to effectuate the purposes of this act.

b. The department may, in accordance with a fee schedule adopted as a rule or regulation pursuant to the provisions of the "Administrative Procedure Act," establish and charge reasonable fees for any of the services to be performed in connection with this act, which shall cover the full costs incurred by the department for the review of plans and for other costs incurred by the department for implementation of this act.

15. The department is authorized to participate in the establishment and implementation of a regional, multi-state organization or compact to assist in carrying out the requirements of this act.

16. This act is intended to govern all aspects of the collection and recycling of covered electronic devices as those terms are defined herein. Upon a determination by the Department of Environmental Protection of an acceptable national program to collect or recycle covered electronic devices, the Commissioner of Environmental Protection shall notify, in writing, the Governor, the President of the Senate and the Speaker of the General Assembly, and the members of the Senate Environment Committee and the Assembly Environment and Solid Waste Committee, or their successors, of this determination.

The provisions of this act shall expire 60 days after the date of the notification required pursuant to this section or within the timeframe provided by federal law, as appropriate.

The department shall provide notice in the New Jersey Register of any determination made pursuant to this section, and shall take any administrative action necessary in order to implement the national program.

17. This act shall take effect on January 1, 2008.

STATEMENT

This bill, the “Electronic Waste Recycling Act,” establishes a recycling system for the safe and environmentally-sound management of electronic devices and components; encourages the design of electronic devices and components that are less toxic and more recyclable; and promotes the development of a Statewide infrastructure for collection and recycling of so-called end-of-life electronics.

This bill provides that any manufacturer of covered electronic devices that is not in full compliance with the requirements of this bill as enacted would be prohibited from selling or offering a covered electronic device for sale in the State. In addition, the bill provides that beginning on January 1, 2009 it would be unlawful for any person to sell or offer for sale in the State a new covered electronic device from a manufacturer that is not in full compliance with the requirements of this bill as enacted. The Department of Environmental Protection (DEP) would maintain a list of all manufacturers in compliance with these requirements and post the list on the DEP’s Internet website. Sellers of products in or into the State would be required to consult the list prior to selling covered electronic devices in the State. A seller would be considered to have complied with this responsibility if, on the date that the product was ordered from the manufacturer or its agent, the manufacturer was listed as being in compliance on the DEP’s website.

In addition, a manufacturer or retailer may not sell or offer for sale a covered electronic device in the State unless the device is labeled with the manufacturer's brand, and the label is permanently affixed and readily visible.

The bill imposes a ban on the disposal of used covered electronic devices, or any of their components or subassemblies, as solid waste beginning on January 1, 2009.

As used in the bill, “covered electronic device” means all desktop or personal computers, computer monitors, portable computers, and televisions sold to consumers. “Covered electronic device" does not include: (1) an electronic device that is a part of a motor vehicle or any component part of a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle; (2) an electronic device that is functionally or physically a part of a larger piece of equipment designed and intended for use in an industrial, commercial, or medical setting, including diagnostic, monitoring, or control equipment; (3) an electronic device that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, or air purifier; or (4) a telephone of any type unless it contains a video display area greater than four inches measured diagonally.

The bill would require the DEP, by January 30, 2010, and annually thereafter, to: complete an auditable, statistically significant sampling of covered electronic devices collected from consumers in the State by the DEP during the previous program year, including a list of brands of covered electronic devices and the weight of covered electronic devices that are identified for each brand; and determine the total weight of covered electronic devices, including orphan devices, collected from consumers in the State by the DEP during the previous program year. The bill provides that the costs associated with the sampling would be recovered from the fees paid by manufacturers to the DEP.

The bill provides that if a manufacturer or group of manufacturers conducts its own collection, transportation, and recycling program for covered electronic devices, the manufacturer or group of manufacturers would be required to submit a report to the DEP annually by January 30, beginning the year after the program is initiated. The report would include: the results of an auditable, statistically significant sampling of covered electronic devices collected from consumers in the State by the manufacturer or group of manufacturers during the previous program year, including a list of brands of covered electronic devices and the weight of covered electronic devices that are identified for each brand; and the total weight of covered electronic devices, including orphan devices, collected from consumers in the State by the manufacturer or group of manufacturers during the previous program year and documentation verifying collection and recycling of such devices.

By January 1, 2008 and each January 1 thereafter, every manufacturer of covered electronic devices offered for sale for delivery in the State would be required to register with the DEP and pay a registration fee of $5,000.

The bill would require, by June 1, 2008, each manufacturer to whom the DEP provides, by April 2, 2008, a return share in weight that is greater than zero to either submit an additional fee to the DEP based on its return share in weight of covered electronic devices or submit a plan to the DEP to collect, transport, and recycle covered electronic devices.

Each manufacturer to whom the DEP provides, by February 15, 2010 or by February 15 of any year thereafter, a return share in weight that is greater than zero would be required, by March 15 of that year, to submit an additional fee to the DEP based on its return share in weight of covered electronic devices, or submit a plan to the DEP to collect, transport, and recycle covered electronic devices.

The bill would require that a plan to collect, transport, and recycle covered electronic devices be filed with a manufacturer's annual registration. The plan would include, at a minimum:

(1) the methods that will be used to collect the covered electronic devices including the name and location of proposed collection services;

(2) the processes and methods that will be used to recycle recovered covered electronic devices including a description of the recycling processes that will be used, including the name and location of all recyclers to be directly utilized by the plan;

(3) the means that will be utilized to publicize the collection services; and

(4) the intention of the registrant to fulfill its obligation through operation of its own plan, either individually or with other manufacturers.

Upon approval of the plan by the DEP, the payment of the annual fees based upon return share in weight by the manufacturer would be waived. The bill provides that the DEP may reject the plan, in whole or in part, and may impose additional requirements as a condition of approval.

Any manufacturer that fails to comply with all the conditions and terms of an approved plan would be required to submit: a payment to the DEP to cover the cost of collecting, transporting, and recycling the unmet portion of its obligation calculated according to a formula prescribed in the bill; and a penalty in the form of a payment equal to the cost of collecting, transporting, and recycling 10% of the manufacturer's total obligation.

Manufacturers that collect, transport, and recycle covered electronic devices in excess of their obligation may sell credits to another registrant or apply that excess to the following year's recycling obligation.

The bill provides that every retailer must clearly post and provide information provided by the DEP that describes where and how to recycle the covered electronic device and opportunities and locations for the collection or return of the device. This would be accomplished through the use of a toll-free telephone number and website, information included in the packaging, or information provided accompanying the sale of the covered electronic device.

The bill provides that, beginning January 1, 2009, a retailer may only sell products from registrants. Retailers must consult the list posted on the DEP’s Internet website prior to selling covered electronic devices in the State. A retailer would be considered to have complied with this responsibility if on the date that the product was ordered from the manufacturer or its agent, the manufacturer was listed as being in compliance on the website.

The bill requires the DEP to determine the return share for each program year for each manufacturer by dividing the weight of covered electronic devices identified for each manufacturer by the total weight of covered electronic devices identified for all manufacturers. For the first program year, the return share of covered electronic devices identified for each manufacturer would be based on the best available public return share data from the United States, including data from other states, for covered electronic devices from consumers. For the second and each subsequent program year, the return share of covered electronic devices identified for each manufacturer would be based on the most recent samplings of covered electronic devices conducted in the State.

The bill would require the DEP to determine the return share in weight for each program year for each manufacturer for whom a return share is determined pursuant to the bill by multiplying the return share for each such manufacturer by the total weight in pounds of covered electronic devices, including orphan devices, collected from consumers the previous program year. The bill requires the DEP, by April 2, 2008, to provide each manufacturer for whom a return share is determined pursuant to the bill with its return share and its return share in weight for the first program year. Annually thereafter, by February 15, beginning in 2010, the DEP would be required to provide each manufacturer for whom a return share is determined pursuant to the bill with its return share and its return share in weight for the second and subsequent program years.

The DEP would be required to organize, administer, and ensure that at least one electronics collection opportunity is available at least five days a week in each county throughout the State and in such a manner as to be convenient, to the maximum extent practicable and feasible, to all consumers in the county. The DEP would also be required to ensure that collection sites do not place limits on the number of covered electronic devices permitted for drop-off by consumers.

In addition, the DEP would be required to encourage the use of existing collection and consolidation infrastructures for handling covered electronic devices to the extent that this infrastructure is accessible on a regular and ongoing basis to at least 85% of the population of the State, is cost effective, and meets the environmentally sound management requirements of the bill.

In addition, the bill would require the DEP to: maintain a list of registrants, including the brands reported in each manufacturer’s registration, and post the list on the DEP’s Internet website that is updated at least once a month; organize and coordinate public education and outreach; and use the revenues received from registrants for the sole purpose of fulfilling its responsibilities under the bill. In the event that expenses from administration, education, collection, transportation, and recycling activities exceed receipts, the DEP may borrow from outside sources up to 10% of the projected annual State revenues from fees submitted under the bill. Borrowed funds must be repaid within two years.

The DEP would be required to prepare a plan every three years that: establishes per-capita collection and recycling goals; and identifies any necessary State actions to expand collection opportunities to achieve the per-capita collection and recycling goals. The plan is to be posted on the DEP’s Internet website and submitted to the Legislature.

The DEP is also required to prepare an annual report to be posted on the DEP’s Internet website and submitted to the Legislature. The bill requires the annual report to include:

(1) a list of all parties that the DEP has designated as approved to receive payments for collection, transportation, or recycling, the amount of payments it has made to those parties, and the purpose of those payments;

(2) the total weight of covered electronic devices collected in the State the previous calendar year;

(3) the progress toward achieving the overall annual total recovery and recycling goals described in the three-year plan prepared by the DEP;

(4) a complete listing of all collection sites operating in the State in the prior calendar year, the parties that operated them, and the amount of material by weight collected at each site;

(5) an evaluation of the effectiveness of the education and outreach program; and

(6) an evaluation of the existing collection and processing infrastructure.

In addition, the DEP would be required to maintain a website and toll-free number complete with up-to-date listings of where consumers can bring covered electronic devices for recycling.

No more frequently than annually and no less frequently than biennially, the DEP is to review, at a public hearing, the covered electronic device recycling rate and registration fees. Any recommendations for changes to the covered electronic device recycling rate and registration fees are to be be included in the annual report.

The bill provides that no fees or costs may be charged to consumers for the collection, transportation, or recycling of covered electronic devices.

The DEP must engage in competitive bidding for the collection, transportation, and recycling of covered electronic devices in accordance with the procedures concerning the awarding of public contracts provided by law. The DEP would make payments for the collection, transportation, and recycling of covered electronic devices to an authorized or approved person upon receipt of a completed and verified invoice. In order to receive payment, proof will be required that:

(2) the collection, transportation, and recycling of the covered electronic devices was conducted in accordance with all federal, State, and local laws, including the requirements established under this bill, and any rules or regulations adopted pursuant thereto; and

(3) no fees or costs were charged to the consumer.

The bill requires the DEP to establish performance requirements in order for collectors, transporters, and recyclers to be eligible to receive funds. Every collector, transporter, and recycler must, at a minimum, demonstrate compliance with the United States Environmental Protection Agency's Plug-In to eCycling Guidelines for Materials Management in addition to any other requirements mandated by federal or State law. The DEP is to maintain an Internet website that includes a list of collectors, transporters, and recyclers that it has determined have met these performance requirements.

The bill authorizes the State, including the Attorney General and the DEP, to initiate independent action to enforce the bill’s provisions. Any funds awarded by the court are to be used first to offset enforcement expenses. The bill provides that any funds in excess of enforcement expenses are to be deposited into a separate account, and dedicated for use by the DEP solely for the purposes of administering and enforcing the provisions of the bill. The bill specifies that violations include but are not limited to:

(1) the sale of a new covered electronic device by any person that is not in full compliance with the bill’s provisions;

(2) the application for compensation for the collection, transportation, and recycling of covered electronic devices not collected within the State, or region as provided in section 15 of the bill;

(3) the use of a qualified collection program to recycle covered electronic devices not discarded within the State, or region as provided in section 15 of the bill;

(4) the knowing failure to report or accurately report any data required to be reported to the DEP; and

(5) the non-payment of fees required to be submitted to the DEP.

The bill authorizes the DEP to participate in the establishment and implementation of a regional, multi-state organization or compact to assist in carrying out the requirements of this bill.

Lastly, the bill provides that the DEP Commissioner would notify, in writing, the Governor, the President of the Senate and the Speaker of the General Assembly, and the members of the Senate Environment Committee and the Assembly Environment and Solid Waste Committee, or their successors, at such time as the DEP determines that there is an acceptable national program to collect or recycle covered electronic devices. The bill provides that the provisions of this legislation, if enacted, would expire 60 days after the date of the DEP’s notification or within the timeframe provided by federal law, as appropriate. The bill requires the DEP to provide notice in the New Jersey Register of this determination, and authorizes the DEP to take any administrative action necessary in order to implement the national program.