PA 08-35—sSB 582

Environment Committee

AN ACT CONCERNING THE RECYCLING OF COVERED ELECTRONIC DEVICES

SUMMARY: By law, television and computer manufacturers must participate in a program to implement and finance the collection, transportation, and recycling of their discarded products, known as covered electronic devices (CEDs). This act changes the way television manufacturers are billed for their share of recycled televisions from “return share” to “market share. ” It delays, by six months, implementation of the state's recycling program. It also makes conforming changes.

EFFECTIVE DATE: October 1, 2008, except for provisions delaying by six months requirements that (1) the Department of Environmental Protection (DEP) adopt regulations setting registration and other fees and (2) CED manufacturers pay annual registration renewal fees determined by regulation, which take effect July 1, 2008.

SWITCHING FROM “RETURN SHARE” TO “MARKET SHARE” FOR TELEVISION MANUFACTURERS

Under prior law, each television and computer manufacturer paid for its share of the recycling program based on a formula that compared its share of recycled CEDs to the total of recycled CEDs, a method known as “return share.

The act revises this formula for manufacturers of cathode ray tube (CRT) and other televisions to one based on “market share” in the state. It assigns the cost of the program among television manufacturers on a sliding scale based on the number of televisions each manufacturer sells, compared to all televisions sold. It leaves unchanged the method of calculating a computer manufacturer's financial obligation.

Prior law required electronics recyclers, when collecting CEDs, to keep a written log recording the brand and weight of each recycled CED generated by a Connecticut household beginning January 1, 2009. The act delays from January 1, 2009 to July 1, 2009 the start date of the requirement and eliminates the need to track recycled televisions by brand, requiring only that recyclers keep a written log of the total weight of the televisions they collect each month.

It specifies that recyclers must bill each television manufacturer according to its market share, multiplied by the total pounds of televisions recycled, and must use separate invoices for televisions and other CEDS. As under current law, television and computer manufacturers cannot be billed more than 50 cents per pound or an amount set in DEP regulation.

Prior law defined market share as a particular manufacturer's national sales of CEDs expressed as a percentage of the total of all manufacturers' national sales for a category of CEDs. Under the act, market share is a manufacturer's national sales of a particular product category of CEDs, compared to all manufacturers' national sales for that CED category. It requires market share information to be based on available national market share data, rather than publicly available data.

TELEVISIONS NO LONGER ORPHAN DEVICES

Under prior law, an orphan device was a recycled computer or television for which no manufacturer could be identified, or one made by a manufacturer that is no longer in business or has no successor in interest. Each computer and television manufacturer was billed for its pro rata share of orphan devices, determined by dividing its CED market share by the total market share of all manufacturers for a given year, multiplied by the total weight of recycled orphan devices. Under the act, televisions are no longer considered orphan devices, so television manufacturers will pay for all recycled televisions according to market share. Computers are still considered orphan devices.

DELAY IN IMPLEMENTING E-WASTE RECYCLING

The act delays, from October 1, 2008 to April 1, 2009, the deadline by which the DEP commissioner must adopt regulations establishing annual registration and reasonable fees to administer the recycling program.

It delays, from January 1, 2009 to July 1, 2009, the start date for:

1. manufacturers to take part in the recycling program;

2. each town to provide for recycling of CEDs generated within its boundaries;

3. each covered electronics recycler to cooperate with towns or regional authorities to provide for the collection and transportation of CEDs, reimburse them for certain transportation costs, recycle CEDs according to certain minimum standards, and meet certain other requirements;

4. each manufacturer to pay the reasonable costs of transportation and recycling that CED recyclers incur for the manufacturer's share of CEDs and orphan devices;

5. manufacturers to pay an annual registration renewal fee;

6. all collected CEDs to be recycled in compliance with federal, state, and local laws, regulations, and ordinances; and

7. the DEP commissioner to issue cease and desist orders for certain violations of the program.

It delays, from June 1, 2009 to January 1, 2010, the date by which DEP must post on its website a list of complying manufacturers. It extends, from December 1, 2009 to June 1, 2010, the deadline by which CED sellers must stop selling CEDs from non-complying manufacturers.

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