Citations Affected: IC 4-23; IC 13-11; IC 13-13; IC 13-20.5.
Effective: July 1, 2009.
January 16, 2009, read first time and referred to Committee on Environmental Affairs.
February 16, 2009, amended, reported _ Do Pass.
February 19, 2009, read second time, ordered engrossed. Engrossed.
February 25, 2009, read third time, passed. Yeas 99, nays 0.
collector or as a recycler, requires that a person must submit to IDEM the registration currently required under rules of the solid waste management board and must otherwise comply with those rules. Allows IDEM to revoke the registration of a collector or recycler that violates those rules. Requires a recycler to annually certify that the recycler has complied with those rules and to annually report to IDEM the total weight in pounds of CEDs taken for final disposal during the immediately preceding year. Provides that a manufacturer must pay to IDEM a registration fee of $5,000 for the initial program year and $2,500 for each program year thereafter. For program years ending in 2013 or later imposes a variable recycling fee (VRF) on manufacturers that fail to meet the 60% goal. In the determination of the amount of the VRF: (1) allows the application of recycling credits in the amount of 25% of the amount by which a manufacturer exceeded the recycling goal in the preceding three years; (2) applies favorable weighting for CEDs recycled in Indiana or recycled from covered entities not located in a metropolitan statistical area; (3) adjusts for higher fees for manufacturers with lower recycling performance; (4) requires IDEM to bill the fee to a manufacturer not later than September 1; and (5) permits a manufacturer to petition the Indiana recycling market development board for relief from the fee upon showing of good cause. Establishes reporting requirements for IDEM, manufacturers, recyclers, and collectors. Prohibits governmental entities from requiring covered entities to use public facilities to recycle CEDs to the exclusion of other available recycling programs. Requires the department of administration to ensure that acquisitions of VDDs by state agencies comply with the electronic waste recycling program, and allows the department to void state contracts that violate the program in certain circumstances. Requires retailers to provide certain recycling information to households. Provides that the registration fee does not apply to a manufacturer that produces fewer than 100 VDDs for sale to households during a year. Requires the deposit of: (1) registration fee revenue in the electronic waste fund, which is established to implement the electronic waste recycling program; and (2) VRF revenue in the Indiana recycling promotion and assistance fund. Requires IDEM to provide refunds to manufacturers to the extent that registration fee revenue exceeds the amount needed to administer the program. Prohibits mixing by covered entities of certain electronic devices with municipal waste that is intended for disposal after 2010 at a landfill or by burning or incineration. Removes a definition that is never used. Provides that a covered entity that violates the electronic waste recycling law is not subject to criminal or civil action or penalty or any other sanction under state law. Requires the environmental quality service council to study in 2012 certain issues concerning the electronic waste recycling program.
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law.
from the fund must file an application with the board.
(h) The board shall establish criteria for awarding grants and loans
under this section.
(i) The board may transfer money in the fund to the state solid waste
management fund established by IC 13-20-22-2 for use by the
department of environmental management to make payments under
IC 13-20-17.7-6.
functions.
(b) The term does not include the following:
(1) An automated typewriter or typesetter.
(2) A portable handheld calculator or device.
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2009]: Sec. 116. (a) "Landfill", for purposes of IC 13-20-2,
and IC 13-20-24, and IC 13-20.5, means a solid waste disposal facility
at which solid waste is deposited on or beneath the surface of the
ground as an intended place of final location.
(b) "Landfill", for purposes of section 114.2 of this chapter and
IC 13-20-11, means a facility operated under a permit issued under
IC 13-15-3 or IC 13-7-10 (before its repeal) at which solid waste is
disposed of by placement on or under the surface of the ground.
(c) "Landfill", for purposes of section 82 of this chapter and
IC 13-21, means a solid waste disposal facility at which solid waste is
deposited on or in the ground as an intended place of final location.
The term does not include the following:
(1) A site that is devoted solely to receiving one (1) or more of the
following:
(A) Fill dirt.
(B) Vegetative matter subject to disposal as a result of:
(i) landscaping;
(ii) yard maintenance;
(iii) land clearing; or
(iv) any combination of activities referred to in this clause.
(2) A facility receiving waste that is regulated under the
following:
(A) IC 13-22-1 through IC 13-22-8.
(B) IC 13-22-13 through IC 13-22-14.
and IC 13-20.5, means the process of collecting and preparing
video display devices or covered electronic devices for use in
manufacturing processes or for recovery of useable materials
followed by delivery of the materials for use. The term does not
include the following:
(1) Destruction of recyclable materials by incineration or
another process.
(2) Land disposal of recyclable materials.
(3) Reuse, repair, or any other process through which video
display devices or covered electronic devices are returned to
use for covered entities in their original form.
a vehicle manufacturer or franchised dealer, including
replacement parts for use in a motor vehicle.
(2) A video display device, including a touch screen display,
that is functionally or physically part of or connected to a
system or equipment designed and intended for use in:
(A) an industrial;
(B) a commercial, including retail;
(C) a library checkout;
(D) a traffic control;
(E) a security, sensing, monitoring, or counterterrorism;
(F) a border control;
(G) a medical; or
(H) a governmental or research and development;
setting, including diagnostic, monitoring, or control
equipment.
(3) A video display device that is contained within any of the
following:
(A) Clothes washer or dryer.
(B) Refrigerator or refrigerator and freezer.
(C) Microwave oven or conventional oven or range.
(D) Dishwasher.
(E) Room air conditioner, dehumidifier, or air purifier.
(4) Either of the following that does not contain a video
display area greater than nine (9) inches measured
diagonally:
(A) A telephone.
(B) A device capable of using commercial mobile radio
service (as defined in 47 CFR 20.3).
council.
(3) Review the mission and goals of the department and evaluate
the implementation of the mission.
(4) Serve as a council of the general assembly to evaluate:
(A) resources and structural capabilities of the department to
meet the department's priorities; and
(B) program requirements and resource requirements for the
department.
(5) Serve as a forum for citizens, the regulated community, and
legislators to discuss broad policy directions.
(6) Submit a final report to the legislative council, in an electronic
format under IC 5-14-6, that contains at least the following:
(A) An outline of activities of the council.
(B) Recommendations for department action.
(C) Recommendations for legislative action.
sell or offer for sale the video display devices for the program
year in which the manufacturer begins to sell or offer for sale
the video display devices; and
(2) each immediately succeeding April 1 on which the
manufacturer continues as a manufacturer of video display
devices sold or offered for sale to households for the program
year that begins on that April 1.
(d) A registration submitted under this section must include the
following:
(1) A list of the brands of video display devices offered for sale
in Indiana by the manufacturer, regardless of whether the
manufacturer owns or licenses the brand.
(2) The name, address, and contact information of a person
responsible for ensuring compliance with this article. The
department shall post the contact information provided by
each manufacturer on an Internet web site.
(3) A certification that the manufacturer or the
manufacturer's agent has complied and will continue to
comply with the requirements of this article.
(4) An estimate based on national sales data of the total
weight in pounds of the manufacturer's video display devices
sold to households during the most recent twelve (12) months:
(A) that precede the date of registration; and
(B) for which that data is available.
(5) A demonstration of how the manufacturer plans in the
program year for which the registration is submitted to meet
the recycling goal stated in IC 13-20.5-4-1.
(6) A statement that discloses whether:
(A) any video display devices sold by the manufacturer to
households exceed the maximum concentration values
established:
(i) for lead, mercury, cadmium, hexavalent chromium,
polybrominated biphenyls (pbbs), and polybrominated
diphenyl ethers (pbdes); and
(ii) under the directive restricting the use of certain
hazardous substances in electrical and electronic
equipment (RoHS Directive) 2002/95/EC of the
European Parliament and Council, as amended; or
(B) the manufacturer has received an exemption from any
of the maximum concentration values under the RoHS
Directive that has been approved and published by the
European Commission.
(e) A manufacturer shall update the manufacturer's registration
under this section not more than ten (10) days after the date the
manufacturer changes the brand or brands of video display devices
the manufacturer sells or offers for sale to households.
Sec. 2. After 2009, a manufacturer may not sell, offer for sale,
or deliver to a retailer for subsequent sale a new video display
device unless:
(1) the video display device is labeled with the manufacturer's
brand that is permanently affixed and readily visible; and
(2) the manufacturer has submitted a registration to the
department under section 1 of this chapter.
Sec. 3. (a) A registration received from a manufacturer by the
department under this chapter is, except as provided in subsection
(b), effective for the program year for which the registration is
submitted under section 1 of this chapter.
(b) The department shall review each registration and notify a
manufacturer of any information required by this chapter that is
omitted from the manufacturer's registration. Not more than
thirty (30) days after the date a manufacturer receives notification
from the department concerning incomplete information in the
manufacturer's registration, the manufacturer shall submit a
revised registration that includes the information required by the
department. A registration received from a manufacturer by the
department under this subsection is, unless the manufacturer
receives a second or subsequent notification from the department
concerning incomplete information, effective for the program year
for which the registration is submitted under section 1 of this
chapter.
(c) The department shall maintain on an Internet web site the
names of manufacturers and the manufacturers' brands listed in
registrations submitted to the department. The department shall
update the Internet web site information promptly upon receipt of
a new or updated registration. The Internet web site must contain
prominent language stating that:
(1) this article is directed at video display devices used by
households; and
(2) the manufacturers' brands list is not a list of
manufacturers qualified to sell to industrial, commercial, or
other markets identified as exempt from the requirements of
this article.
Sec. 4. (a) After 2009, a person may not operate as a collector of
covered electronic devices from covered entities unless the person:
(1) has submitted to the department a completed registration
form as required by 329 IAC 16-5-1; and
(2) otherwise complies with 329 IAC 16.
(b) A registration submitted under this section is:
(1) effective upon receipt by the department; and
(2) valid for one (1) year from the date the registration is
submitted to the department.
Sec. 5. (a) After 2009, a person may not recycle covered
electronic devices generated by covered entities unless the person:
(1) has submitted to the department a completed registration
form as required by 329 IAC 16-5-1; and
(2) otherwise complies with 329 IAC 16.
(b) A registered recycler may conduct recycling activities that
are consistent with this article.
(c) A registration submitted under this section is:
(1) effective upon receipt by the department; and
(2) valid for one (1) year from the date the registration is
submitted to the department.
Sec. 6. The department may revoke the registration of a
collector or recycler that violates either or both of the following:
(1) This article.
(2) 329 IAC 16.
Chapter 2. Manufacturer's Registration Fee; Electronic Waste
Fund
Sec. 1. (a) Except as provided in subsection (g), a manufacturer
that registers under IC 13-20.5-1 shall pay to the department at the
time of registration an annual registration fee. The registration fee
applies for the program year for which the registration is
submitted to the department. The department shall deposit the fee
in the electronic waste fund established by section 3 of this chapter.
(b) The registration fee for the initial program year to which the
fee applies under subsection (a) is five thousand dollars ($5,000).
For each program year thereafter, the registration fee is equal to
two thousand five hundred dollars ($2,500).
(c) In addition to the registration fee under subsection (a), a
manufacturer that registers under IC 13-20.5-1 and fails to meet
the recycling goal under IC 13-20.5-4-1 is subject to a variable
recycling fee for each program year that ends on March 31 of 2013
or of a later year. Not later than September 1, the department shall
provide a statement to each manufacturer liable for the variable
recycling fee that states at least the following:
(1) The amount of the fee determined under subsection (d).
(2) The method of calculation of the fee.
(3) The due date of the fee.
(4) The opportunity to petition under section 2 of this chapter.
The department shall deposit the fee in the Indiana recycling
promotion and assistance fund established by IC 4-23-5.5-14.
(d) The amount of the variable recycling fee, if applicable, is the
amount determined in STEP FOUR of the following formula:
STEP ONE: Multiply the number of pounds of the
manufacturer's video display devices sold to households
during the immediately preceding program year, as reported
in the manufacturer's registration for the program year
under IC 13-20.5-1-1(d)(4), by the proportion of sales of video
display devices required to be recycled under IC 13-20.5-4-1.
STEP TWO: Subject to subsection (e), add the number of
pounds of covered electronic devices recycled by the
manufacturer from covered entities during the immediately
preceding program year, as reported to the department under
IC 13-20.5-3-1(b), to the number of recycling credits the
manufacturer elects to use to calculate the variable recycling
fee, as reported to the department under IC 13-20.5-3-1(c)(2).
STEP THREE: Subtract the number of pounds determined in
STEP TWO from the number of pounds determined in STEP
ONE.
STEP FOUR: Multiply the greater of zero (0) or the number
of pounds determined in STEP THREE by the per pound cost
of recycling established as follows:
(A) Forty cents ($0.40) per pound for manufacturers that
recycle less than fifty percent (50%) of the number of
pounds determined in STEP ONE.
(B) Thirty cents ($0.30) per pound for manufacturers that
recycle at least fifty percent (50%) but less than ninety
percent (90%) of the number of pounds determined in
STEP ONE.
(C) Twenty cents ($0.20) per pound for manufacturers that
recycle at least ninety percent (90%) of the number of
pounds determined in STEP ONE.
(e) The following apply to the number of pounds of covered
electronic devices recycled by the manufacturer from covered
entities during the immediately preceding program year for
purposes of subsection (d), STEP TWO:
(1) Except as provided in subdivision (3), the number is
multiplied by one and one-tenth (1.1) to the extent that the
covered electronic devices were recycled in Indiana.
(2) Except as provided in subdivision (3), the number is
multiplied by one and five-tenths (1.5) to the extent that the
covered electronic devices were recycled from covered entities
not located in a metropolitan statistical area, as defined by the
federal Office of Management and Budget.
(3) The number is multiplied by one and six-tenths (1.6) to the
extent that the covered electronic devices were:
(A) recycled from covered entities not located in a
metropolitan statistical area, as defined by the federal
Office of Management and Budget; and
(B) recycled in Indiana.
(f) A manufacturer may retain recycling credits to be added, in
whole or in part, to the actual number of pounds of covered
electronic devices recycled by the manufacturer from covered
entities during the immediately preceding program year, as
reported to the department under IC 13-20.5-3-1(b), during any of
the three (3) immediately succeeding program years. A
manufacturer may sell all or any part of its recycling credits to
another manufacturer, at a price negotiated by the parties, and the
other manufacturer may use the credits in the same manner. For
purposes of this subsection, the recycling credits for the program
year that begins April 1, 2010, are determined taking into account
covered electronic devices that the manufacturer recycled, or
arranged to have collected and recycled, both:
(1) in that program year; and
(2) after June 30, 2009, and before April 1, 2010.
(g) A manufacturer may not be charged a registration fee or a
variable recycling fee for any year in which the combined number
of video display devices produced by the manufacturer for sale to
households is less than one hundred (100).
Sec. 2. Not later than sixty (60) days after the date of the
statement provided to a manufacturer under section 1(c) of this
chapter, the manufacturer may petition the Indiana recycling
market development board created by IC 4-23-5.5-2 for relief from
the variable recycling fee imposed under section 1 of this chapter
upon showing of good cause. In determining whether to grant a
petition for relief under this section, the Indiana recycling market
development board shall determine whether the manufacturer has
made good faith progress to achieve substantial compliance with
this article. A determination by the Indiana recycling market
development board under this subsection is not subject to appeal
by the manufacturer.
Sec. 3. (a) The electronic waste fund is established to implement
this article. The fund shall be administered by the department.
(b) The expenses of administering the fund shall be paid from
money in the fund.
(c) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that
accrues from these investments shall be deposited in the fund.
(d) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(e) Beginning in 2011 and continuing each year thereafter, as of
the last day of the state fiscal year, the department shall determine
the total amount of the variable recycling fees that were collected
for that state fiscal year under section 1(c) of this chapter.
(f) Except as provided in subsection (g), if the total amount of
registration fees collected by the department for a state fiscal year
under section 1(a) of this chapter exceeds the amount the
department determines necessary to administer this article for the
next state fiscal year, the department shall refund on a pro rata
basis, to all manufacturers that paid any fees for the state fiscal
year that contributed to those collections, the amount of fees
collected by the department that exceeds the amount necessary to
administer this article for the next state fiscal year.
(g) The department is not required to refund amounts under
subsection (f) if either or both of the following apply:
(1) The refund amount determined under subsection (f) is less
than one hundred dollars ($100).
(2) The amount the manufacturer claiming the refund
recycled for the manufacturer's most recent program year
was less than fifty percent (50%) of the amount the
manufacturer was required to recycle for that program year
under IC 13-20.5-4-1.
Chapter 3. Reporting Requirements
Sec. 1. (a) Not later than June 1 of 2011 and of each immediately
succeeding year, a manufacturer shall report to the department an
estimate of the total weight in pounds of its video display devices
sold to households during the program year that ends on the
immediately preceding March 31 based on national sales data. A
manufacturer shall submit with an estimate under this subsection
a description of how the information or estimate was calculated.
(b) Not later than June 1 of 2011 and of each immediately
succeeding year, a manufacturer shall report to the department the
total weight in pounds of covered electronic devices the
manufacturer:
(1) collected from eligible entities and recycled; or
(2) arranged to have collected from eligible entities and
recycled;
during the program year that ends on the immediately preceding
March 31.
(c) Not later than June 1 of 2011 and of each immediately
succeeding year, a manufacturer shall report the following to the
department:
(1) The number of recycling credits the manufacturer has
purchased and sold during the program year that ends on the
immediately preceding March 31.
(2) The number of recycling credits possessed by the
manufacturer that the manufacturer intends to use in the
calculation of its variable recycling fee under IC 13-20.5-2-1.
(3) The number of recycling credits the manufacturer retains
at the beginning of the current program year.
(4) The amount in pounds of covered electronic devices the
manufacturer arranged for a recycler to collect and recycle
that were not converted to recycling credits.
Sec. 2. Before April 1, 2011, and before each April 1 thereafter,
a recycler of covered electronic devices shall do the following:
(1) Report to the department separately the total weight in
pounds of covered electronic devices:
(A) recycled by the recycler; and
(B) taken by the recycler for final disposal;
during the immediately preceding calendar year.
(2) Certify that the recycler has complied with IC 13-20.5-5
and 329 IAC 16.
Sec. 3. Before April 1, 2011, and before each April 1 thereafter,
a collector shall submit to the department a report that contains
for the immediately preceding calendar year:
(1) the total weight in pounds of covered electronic devices
collected in Indiana by the collector; and
(2) a list of all recyclers to whom the collector delivered
covered electronic devices.
Chapter 4. Manufacturer Responsibilities
Sec. 1. A manufacturer shall in each of the manufacturer's
program years recycle or arrange for the collection and recycling
from covered entities of an amount of covered electronic devices
equal to at least sixty percent (60%) of the total weight of the
manufacturer's video display devices sold to households as
reported in the manufacturer's registration for the program year
under IC 13-20.5-1-1(d)(4).
Sec. 2. (a) A manufacturer shall conduct and document due
diligence assessments of collectors and recyclers with which the
manufacturer contracts to allow the manufacturer to comply with
this chapter.
(b) A manufacturer shall maintain for three (3) years
documentation showing that all covered electronic devices
recycled, partially recycled, or sent to downstream recycling
operations by the manufacturer are recycled in compliance with
this article.
Sec. 3. A manufacturer shall provide the department with
contact information for an individual who can be contacted
regarding the manufacturer's activities under this article.
Chapter 5. Recycler Responsibilities
Sec. 1. Except to the extent otherwise required by law, a recycler
is not responsible for any data that may be contained in a covered
electronic device recycled by the recycler if an information storage
device is included in the covered electronic device.
Chapter 6. Retailer Responsibilities
Sec. 1. A retailer that sells new video display devices shall
provide information to households that:
(1) describes where and how households may recycle video
display devices; and
(2) advises households of opportunities and locations for the
convenient collection of video display devices for recycling.
Sec. 2. The requirement in section 1 of this chapter may be met
by retailers:
(1) by providing to households the department's contact
information or Internet web site address; and
(2) if the retailer sells through catalogs or the Internet, by
including the information in a prominent location in the
retailer's catalog or on the retailer's Internet web site.
Chapter 7. Department Duties
Sec. 1. (a) The department shall:
(1) subject to subsection (b), adopt forms for use by
manufacturers, collectors, and recyclers for all registration
statements, certifications, and reports required by this article;
and
(2) establish procedures for:
being collected by persons other than registered
manufacturers, collectors, and recyclers, and information
about covered electronic devices, if any, being disposed of in
landfills in Indiana;
(3) must include a description of enforcement actions under
this article during the state fiscal year; and
(4) may include other information received by the department
regarding the implementation of this article.
Sec. 5. The department shall promote public participation in the
activities implemented under this article through public education
and outreach efforts.
Sec. 6. (a) The department shall collect the data submitted to it
annually by each registered manufacturer on:
(1) the total weight in pounds of each specific model of video
display device sold to households, if provided;
(2) the total weight in pounds of video display devices sold to
households;
(3) the total weight in pounds of covered electronic devices
collected from covered entities that are recycled; and
(4) data on recycling credits, as required under
IC 13-20.5-3-1.
(b) The department shall use the data described in subsection (a)
to determine the manufacturer's variable recycling fee under the
formula in IC 13-20.5-2-1.
Sec. 7. The department shall estimate, for each registered
manufacturer, the sales of video display devices to households
during each calendar year, based on:
(1) data provided by a manufacturer on sales of video display
devices to households, including documentation describing
how that amount was calculated and certification that the
amount is accurate; or
(2) if a manufacturer does not provide the data specified in
subdivision (1), national data on sales of video display devices.
The department shall use the data specified in this section to review
the determination of each manufacturer's variable recycling fee to
ensure that the fee was calculated accurately according to the
formula in IC 13-20.5-2-1.
Sec. 8. The department may participate in or join a regional
multistate organization or compact to assist in implementing this
article.
Sec. 9. If a national electronic waste program is implemented
that is similar to the program established under this article, the
department shall review, evaluate, and compare the national
program, the program established under this article, and any
regional agreement the department has entered into under section
8 of this chapter.
Chapter 8. Other Recycling Programs
Sec. 1. A city, a county, or any other governmental entity may
not require a covered entity to use public facilities to recycle the
covered entity's covered electronic devices to the exclusion of other
lawful recycling programs available.
Sec. 2. This article does not prohibit or restrict:
(1) the operation of any program that recycles covered
electronic devices in addition to programs provided by
manufacturers;
(2) persons from receiving, collecting, transporting, or
recycling covered electronic devices, if those persons are
registered under IC 13-20.5-1; or
(3) a collector, recycler, or manufacturer from charging for
directly collecting any covered electronic devices directly
from covered entities, including charging for curbside
collection from covered entities.
Chapter 9. Requirements for Purchases by State Agencies
Sec. 1. The Indiana department of administration shall ensure
that acquisitions of video display devices by state agencies comply
with or are not subject to this article.
Sec. 2. State agency solicitation documents must specify that the
prospective responder is required to cooperate fully in providing
reasonable access to the prospective responder's records and
documents to demonstrate compliance with this article.
Sec. 3. A person awarded a contract by a state agency for
purchase or lease of video display devices that is found to be in
violation of this article is subject to the following sanctions:
(1) The contract is void if the Indiana department of
administration determines that the potential adverse effect to
the state from voiding the contract is exceeded by the benefit
obtained from voiding the contract.
(2) If the attorney general establishes that any money,
property, or benefit was obtained by a contractor as a result
of violating this article, a court may, in addition to any other
remedy, order the forfeiture of the unlawfully obtained
money, property, or benefit.
Chapter 10. Disposal Prohibitions
Sec. 1. After 2010, a covered entity may not knowingly do any
of the following:
(1) Mix or allow the mixing of a covered electronic device or
any other computer, computer monitor, printer, or television
with municipal waste that is intended for disposal at a landfill.
(2) Mix or allow the mixing of a covered electronic device or
any other computer, computer monitor, printer, or television
with any waste that is intended for disposal by burning or
incineration.
Sec. 2. (a) A covered entity that violates this chapter is not
subject to:
(1) a criminal or civil action or penalty; or
(2) any other sanction;
under this title or any other state law.
(b) A violation of this chapter does not create a cause of action.