Arizona 2022 Regular Session

Arizona Senate Bill SB1100 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	PREFILED JAN 07 2022 REFERENCE TITLE: large electronics; recycling State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022 SB 1100 Introduced by Senator Mendez: Representative Salman AN ACT amending title 49, chapter 4, ARIZONA revised statutes, by adding article 11; relating to electronic devices. (TEXT OF BILL BEGINS ON NEXT PAGE)
2	2
3	3
4	4
5	5
6	6
7	7	PREFILED JAN 07 2022
8	8
9	9	REFERENCE TITLE: large electronics; recycling
10	10	State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
11	11	SB 1100
12	12	Introduced by Senator Mendez: Representative Salman
13	13
14	14	REFERENCE TITLE: large electronics; recycling
15	15
16	16
17	17
18	18
19	19
20	20
21	21
22	22
23	23
24	24	State of Arizona
25	25
26	26	Senate
27	27
28	28	Fifty-fifth Legislature
29	29
30	30	Second Regular Session
31	31
32	32	2022
33	33
34	34
35	35
36	36
37	37
38	38
39	39
40	40	SB 1100
41	41
42	42
43	43
44	44	Introduced by
45	45
46	46	Senator Mendez: Representative Salman
47	47
48	48
49	49
50	50
51	51
52	52	AN ACT
53	53
54	54
55	55
56	56	amending title 49, chapter 4, ARIZONA revised statutes, by adding article 11; relating to electronic devices.
57	57
58	58
59	59
60	60
61	61
62	62	(TEXT OF BILL BEGINS ON NEXT PAGE)
63	63
64	64
65	65
66	66	Be it enacted by the Legislature of the State of Arizona: Section 1. Title 49, chapter 4, Arizona Revised Statutes, is amended by adding article 11, to read: ARTICLE 11. LARGE ELECTRONICS RECYCLING PROGRAM START_STATUTE49-891. Definitions In this article, unless the context otherwise requires: 1. "Collector" means an entity that collects covered electronic devices as part of a manufacturer program. 2. "Covered electronic device": (a) Means: (i) a computer monitor of any type that has a viewable area greater than four inches measured diagonally. (ii) a desktop computer or portable computer. (iii) a television of any type that has a viewable area greater than four inches measured diagonally. (b) Does not include: (i) any part of a motor vehicle. (ii) any part of a larger piece of equipment designed and intended for use in an industrial, commercial or medical setting, such as diagnostic, monitoring or control equipment. (iii) telephones or personal digital assistants of any type unless the telephone or personal digital assistant contains a viewable area greater than four inches measured diagonally. (iv) any part of a clothes washer, clothes dryer, refrigerator, freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier or air purifier. 3. "Covered entity" means any household or business. 4. "Household" means an occupant of a single detached dwelling unit or a single unit of a multiple dwelling unit located in this state who has used a covered electronic device at a dwelling unit primarily for personal use. 5. "Manufacturer": (a) Means any person that either: (i) Manufactures covered electronic devices under a brand that the person owns or is licensed to use. (ii) Sells covered electronic devices manufactured by others under a brand that the seller owns. (iii) Manufactures covered electronic devices without affixing a brand. (iv) Manufactures covered electronic devices to which the person affixes a brand that the person does not own. (v) Imports or causes to be imported into the United States covered electronic devices manufactured outside the United States. (b) Does not include: (i) A person with a license to manufacture covered electronic devices for delivery exclusively to or at the order of the licensor. (ii) A small business as defined in section 41-1001. 6. "Manufacturer program" means a statewide plan for collecting, transporting and recycling covered electronic devices that is provided by a manufacturer or manufacturers pursuant to section 49-891.02. 7. "Portable computer" means any of the following that has a viewable area greater than four inches measured diagonally and that can be carried as one unit by an individual: (a) A laptop computer. (b) A notebook computer. (c) A notepad computer. 8. "Recycling": (a) Means either of the following: (i) Processing through disassembling, dismantling, shredding, transforming or remanufacturing covered electronic devices, components and by-products into usable or marketable raw materials or products in a manner such that the original products may lose their identity. (ii) Smelting materials from components removed from covered electronic devices to recover metals for reuse in conformance with applicable laws and rules. (b) Does not include landfill disposal or incineration of covered electronic devices or energy recovery or energy generation by means of combusting covered electronic devices, components and by-products with or without other waste. 9. "Retailer" means a person that sells, rents or leases through sales outlets, catalogs or the internet covered electronic devices to a household and not for resale in any form. 10. "Sale" or "sell" means any transfer for consideration of title or of the right to use, by lease or sales contract, including transactions conducted through sales outlets, catalogs or the internet or any other similar electronic means either inside or outside of this state, by a person that conducts the transaction and controls delivery of a covered electronic device to a consumer in this state, but does not include a manufacturer's or distributor's wholesale transaction with a distributor or retailer. END_STATUTE START_STATUTE49-891.01. Prohibition on sale; registration with department; fees A. Beginning January 1, 2023, a manufacturer or retailer may not sell or offer for sale any covered electronic device in or for delivery in this state unless both of the following apply: 1. The covered electronic device is labeled with a brand and the label is permanently affixed and readily visible. 2. The brand is included in the plan that is filed with the department pursuant to section 49-891.02. B. On or before January 1, 2023 and each year thereafter, a manufacturer of covered electronic devices sold or offered for sale in this state shall register with the department, for a period to cover the upcoming calendar year, on a form provided by the department. C. A manufacturer of covered electronic devices sold or offered for sale in this state shall pay to the department an annual registration fee determined by the department by rule. D. If a manufacturer ceases to manufacture, sell or import covered electronic devices and covered electronic devices manufactured, sold or imported by the manufacturer are collected for recycling under a manufacturer program, the manufacturer shall register with the department and pay a registration fee determined by the department by rule. E. A manufacturer that begins to sell or offer for sale covered electronic devices to households after January 1, 2023 and that has not filed a registration pursuant to this section shall submit a registration to the department within ten days after beginning to sell or offering for sale covered electronic devices to households. F. A manufacturer shall update its registration within ten days after a change in the manufacturer's brands of covered electronic devices sold or offered for sale to households. END_STATUTE START_STATUTE49-891.02. Manufacturer program; plan A. A manufacturer shall submit a plan to the department at the time of payment of the annual registration fee required under section 49-891.01. The manufacturer's plan must describe how the manufacturer will: 1. Finance, manage and conduct a statewide manufacturer program to collect covered electronic devices from covered entities in this state. 2. Provide for environmentally sound management practices to collect, transport and recycle covered electronic devices. 3. Provide for advertising and promotion of collection opportunities statewide and on a regular basis. 4. Include convenient service in every county in this state and at least one collection site for any city with a population of at least fifty thousand persons. Convenient service may include one or more periodic opportunities to drop off covered electronic devices at one or more locations. Convenient service does not require household pickup of covered electronic devices. A collection site for a county may be the same as a collection site for a city in the county. Collection sites shall be staffed and open to the public at a frequency adequate to meet the needs of the area being served. A manufacturer program may provide collection service jointly with another program. B. The plan must include information on how and where to return the manufacturer's covered electronic devices. The manufacturer: 1. Shall include collection, recycling and reuse information on the manufacturer's publicly available 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 covered electronic devices when the device is sold. C. Information regarding collection, recycling and reuse that is on a manufacturer's publicly available website does not constitute a determination by the department that the manufacturer's recovery plan or actual practices are in compliance with this article or any other law. D. A manufacturer shall: 1. Meet or exceed the requirements for collection sites described in subsection A of this section. 2. Provide for collection, transportation and recycling of covered electronic devices for covered entities free of charge, except that a manufacturer that provides premium service for a covered entity may charge for the additional cost of that premium service. Premium service may include pickup service at individually scheduled times and locations and may include minimum requirements for the quantity of covered electronic devices to be picked up. 3. Implement the plan required under this section. E. A group of manufacturers may choose to implement a manufacturer program as one entity. END_STATUTE START_STATUTE49-891.03. Prohibition on consumer fees; exception A. Except as authorized in subsection B of this section, a manufacturer program or a collector participating in a manufacturer program may not charge a fee to covered entities for the collection, transportation or recycling of covered electronic devices. B. A collector that provides a premium service to a covered entity may charge for the additional cost of providing the premium service. END_STATUTE START_STATUTE49-891.04. Duties of department; report; rules The department shall: 1. Maintain and make available on its website A list of registered manufacturers and their brands that identifies which manufacturers are in compliance with this article. The department shall update the list on or before the first day of each calendar quarter after July 1, 2023. 2. Review and approve manufacturer plans that comply with section 49-891.02 and that are submitted annually by manufacturers. 3. Advertise and promote collection opportunities statewide and on a regular basis. 4. Review each registration and notify the manufacturer of any information required by this section that is omitted from the registration. within thirty days after receiving a notification from the department, the manufacturer shall submit a revised registration providing the information noted by the department. 5. Maintain and update the website registration information at least each calendar quarter. The website shall contain prominent language stating that the law requiring registration is directed at household equipment and the manufacturers' brands list is not a list of manufacturers that are qualified to sell to industrial, commercial or other markets that are identified as exempt from the requirements. 6. Maintain on its website information on collection opportunities for covered electronic devices, including collection site locations and hours. The information must be made available in a printable format for retailers. 7. Beginning December 31, 2023 and once every two years thereafter, compile information from manufacturers and issue a report to the legislature regarding the program established pursuant to this article. 8. Adopt rules as necessary to implement this article. END_STATUTE START_STATUTE49-891.05. Covered electronic devices fund A. The covered electronic devices fund is established. The director shall administer the fund. The fund consists of monies from the following sources: 1. Fees collected by the department pursuant to this article. 2. Gifts, grants and donations. 3. Legislative appropriations. 4. Until July 1, 2024, monies from the recycling fund established by section 49-837, except that not more than $500,000 from the recycling fund may be transferred to the covered electronic devices fund in any fiscal year. B. On notice from the department, the state treasurer shall invest and divest monies in the fund as provided in section 35-313, and monies earned from investment shall be credited to the fund. C. Monies in the fund are continuously appropriated to the department and may be used only to pay the costs of implementing and enforcing this article. D. Monies in the fund shall be used for the following purposes: 1. All reasonable and necessary costs to implement this article. 2. The reasonable and necessary costs of administering the fund. END_STATUTE START_STATUTE49-891.06. Enforcement A manufacturer or retailer that fails to comply with this article is subject to enforcement under article 5 of this chapter. END_STATUTE
67	67
68	68	Be it enacted by the Legislature of the State of Arizona:
69	69
70	70	Section 1. Title 49, chapter 4, Arizona Revised Statutes, is amended by adding article 11, to read:
71	71
72	72	ARTICLE 11. LARGE ELECTRONICS RECYCLING PROGRAM
73	73
74	74	START_STATUTE49-891. Definitions
75	75
76	76	In this article, unless the context otherwise requires:
77	77
78	78	1. "Collector" means an entity that collects covered electronic devices as part of a manufacturer program.
79	79
80	80	2. "Covered electronic device":
81	81
82	82	(a) Means:
83	83
84	84	(i) a computer monitor of any type that has a viewable area greater than four inches measured diagonally.
85	85
86	86	(ii) a desktop computer or portable computer.
87	87
88	88	(iii) a television of any type that has a viewable area greater than four inches measured diagonally.
89	89
90	90	(b) Does not include:
91	91
92	92	(i) any part of a motor vehicle.
93	93
94	94	(ii) any part of a larger piece of equipment designed and intended for use in an industrial, commercial or medical setting, such as diagnostic, monitoring or control equipment.
95	95
96	96	(iii) telephones or personal digital assistants of any type unless the telephone or personal digital assistant contains a viewable area greater than four inches measured diagonally.
97	97
98	98	(iv) any part of a clothes washer, clothes dryer, refrigerator, freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier or air purifier.
99	99
100	100	3. "Covered entity" means any household or business.
101	101
102	102	4. "Household" means an occupant of a single detached dwelling unit or a single unit of a multiple dwelling unit located in this state who has used a covered electronic device at a dwelling unit primarily for personal use.
103	103
104	104	5. "Manufacturer":
105	105
106	106	(a) Means any person that either:
107	107
108	108	(i) Manufactures covered electronic devices under a brand that the person owns or is licensed to use.
109	109
110	110	(ii) Sells covered electronic devices manufactured by others under a brand that the seller owns.
111	111
112	112	(iii) Manufactures covered electronic devices without affixing a brand.
113	113
114	114	(iv) Manufactures covered electronic devices to which the person affixes a brand that the person does not own.
115	115
116	116	(v) Imports or causes to be imported into the United States covered electronic devices manufactured outside the United States.
117	117
118	118	(b) Does not include:
119	119
120	120	(i) A person with a license to manufacture covered electronic devices for delivery exclusively to or at the order of the licensor.
121	121
122	122	(ii) A small business as defined in section 41-1001.
123	123
124	124	6. "Manufacturer program" means a statewide plan for collecting, transporting and recycling covered electronic devices that is provided by a manufacturer or manufacturers pursuant to section 49-891.02.
125	125
126	126	7. "Portable computer" means any of the following that has a viewable area greater than four inches measured diagonally and that can be carried as one unit by an individual:
127	127
128	128	(a) A laptop computer.
129	129
130	130	(b) A notebook computer.
131	131
132	132	(c) A notepad computer.
133	133
134	134	8. "Recycling":
135	135
136	136	(a) Means either of the following:
137	137
138	138	(i) Processing through disassembling, dismantling, shredding, transforming or remanufacturing covered electronic devices, components and by-products into usable or marketable raw materials or products in a manner such that the original products may lose their identity.
139	139
140	140	(ii) Smelting materials from components removed from covered electronic devices to recover metals for reuse in conformance with applicable laws and rules.
141	141
142	142	(b) Does not include landfill disposal or incineration of covered electronic devices or energy recovery or energy generation by means of combusting covered electronic devices, components and by-products with or without other waste.
143	143
144	144	9. "Retailer" means a person that sells, rents or leases through sales outlets, catalogs or the internet covered electronic devices to a household and not for resale in any form.
145	145
146	146	10. "Sale" or "sell" means any transfer for consideration of title or of the right to use, by lease or sales contract, including transactions conducted through sales outlets, catalogs or the internet or any other similar electronic means either inside or outside of this state, by a person that conducts the transaction and controls delivery of a covered electronic device to a consumer in this state, but does not include a manufacturer's or distributor's wholesale transaction with a distributor or retailer. END_STATUTE
147	147
148	148	START_STATUTE49-891.01. Prohibition on sale; registration with department; fees
149	149
150	150	A. Beginning January 1, 2023, a manufacturer or retailer may not sell or offer for sale any covered electronic device in or for delivery in this state unless both of the following apply:
151	151
152	152	1. The covered electronic device is labeled with a brand and the label is permanently affixed and readily visible.
153	153
154	154	2. The brand is included in the plan that is filed with the department pursuant to section 49-891.02.
155	155
156	156	B. On or before January 1, 2023 and each year thereafter, a manufacturer of covered electronic devices sold or offered for sale in this state shall register with the department, for a period to cover the upcoming calendar year, on a form provided by the department.
157	157
158	158	C. A manufacturer of covered electronic devices sold or offered for sale in this state shall pay to the department an annual registration fee determined by the department by rule.
159	159
160	160	D. If a manufacturer ceases to manufacture, sell or import covered electronic devices and covered electronic devices manufactured, sold or imported by the manufacturer are collected for recycling under a manufacturer program, the manufacturer shall register with the department and pay a registration fee determined by the department by rule.
161	161
162	162	E. A manufacturer that begins to sell or offer for sale covered electronic devices to households after January 1, 2023 and that has not filed a registration pursuant to this section shall submit a registration to the department within ten days after beginning to sell or offering for sale covered electronic devices to households.
163	163
164	164	F. A manufacturer shall update its registration within ten days after a change in the manufacturer's brands of covered electronic devices sold or offered for sale to households. END_STATUTE
165	165
166	166	START_STATUTE49-891.02. Manufacturer program; plan
167	167
168	168	A. A manufacturer shall submit a plan to the department at the time of payment of the annual registration fee required under section 49-891.01. The manufacturer's plan must describe how the manufacturer will:
169	169
170	170	1. Finance, manage and conduct a statewide manufacturer program to collect covered electronic devices from covered entities in this state.
171	171
172	172	2. Provide for environmentally sound management practices to collect, transport and recycle covered electronic devices.
173	173
174	174	3. Provide for advertising and promotion of collection opportunities statewide and on a regular basis.
175	175
176	176	4. Include convenient service in every county in this state and at least one collection site for any city with a population of at least fifty thousand persons. Convenient service may include one or more periodic opportunities to drop off covered electronic devices at one or more locations. Convenient service does not require household pickup of covered electronic devices. A collection site for a county may be the same as a collection site for a city in the county. Collection sites shall be staffed and open to the public at a frequency adequate to meet the needs of the area being served. A manufacturer program may provide collection service jointly with another program.
177	177
178	178	B. The plan must include information on how and where to return the manufacturer's covered electronic devices. The manufacturer:
179	179
180	180	1. Shall include collection, recycling and reuse information on the manufacturer's publicly available website.
181	181
182	182	2. Shall provide collection, recycling and reuse information to the department.
183	183
184	184	3. May include collection, recycling and reuse information in the packaging for or in other materials that accompany the manufacturer's covered electronic devices when the device is sold.
185	185
186	186	C. Information regarding collection, recycling and reuse that is on a manufacturer's publicly available website does not constitute a determination by the department that the manufacturer's recovery plan or actual practices are in compliance with this article or any other law.
187	187
188	188	D. A manufacturer shall:
189	189
190	190	1. Meet or exceed the requirements for collection sites described in subsection A of this section.
191	191
192	192	2. Provide for collection, transportation and recycling of covered electronic devices for covered entities free of charge, except that a manufacturer that provides premium service for a covered entity may charge for the additional cost of that premium service. Premium service may include pickup service at individually scheduled times and locations and may include minimum requirements for the quantity of covered electronic devices to be picked up.
193	193
194	194	3. Implement the plan required under this section.
195	195
196	196	E. A group of manufacturers may choose to implement a manufacturer program as one entity. END_STATUTE
197	197
198	198	START_STATUTE49-891.03. Prohibition on consumer fees; exception
199	199
200	200	A. Except as authorized in subsection B of this section, a manufacturer program or a collector participating in a manufacturer program may not charge a fee to covered entities for the collection, transportation or recycling of covered electronic devices.
201	201
202	202	B. A collector that provides a premium service to a covered entity may charge for the additional cost of providing the premium service. END_STATUTE
203	203
204	204	START_STATUTE49-891.04. Duties of department; report; rules
205	205
206	206	The department shall:
207	207
208	208	1. Maintain and make available on its website A list of registered manufacturers and their brands that identifies which manufacturers are in compliance with this article. The department shall update the list on or before the first day of each calendar quarter after July 1, 2023.
209	209
210	210	2. Review and approve manufacturer plans that comply with section 49-891.02 and that are submitted annually by manufacturers.
211	211
212	212	3. Advertise and promote collection opportunities statewide and on a regular basis.
213	213
214	214	4. Review each registration and notify the manufacturer of any information required by this section that is omitted from the registration. within thirty days after receiving a notification from the department, the manufacturer shall submit a revised registration providing the information noted by the department.
215	215
216	216	5. Maintain and update the website registration information at least each calendar quarter. The website shall contain prominent language stating that the law requiring registration is directed at household equipment and the manufacturers' brands list is not a list of manufacturers that are qualified to sell to industrial, commercial or other markets that are identified as exempt from the requirements.
217	217
218	218	6. Maintain on its website information on collection opportunities for covered electronic devices, including collection site locations and hours. The information must be made available in a printable format for retailers.
219	219
220	220	7. Beginning December 31, 2023 and once every two years thereafter, compile information from manufacturers and issue a report to the legislature regarding the program established pursuant to this article.
221	221
222	222	8. Adopt rules as necessary to implement this article. END_STATUTE
223	223
224	224	START_STATUTE49-891.05. Covered electronic devices fund
225	225
226	226	A. The covered electronic devices fund is established. The director shall administer the fund. The fund consists of monies from the following sources:
227	227
228	228	1. Fees collected by the department pursuant to this article.
229	229
230	230	2. Gifts, grants and donations.
231	231
232	232	3. Legislative appropriations.
233	233
234	234	4. Until July 1, 2024, monies from the recycling fund established by section 49-837, except that not more than $500,000 from the recycling fund may be transferred to the covered electronic devices fund in any fiscal year.
235	235
236	236	B. On notice from the department, the state treasurer shall invest and divest monies in the fund as provided in section 35-313, and monies earned from investment shall be credited to the fund.
237	237
238	238	C. Monies in the fund are continuously appropriated to the department and may be used only to pay the costs of implementing and enforcing this article.
239	239
240	240	D. Monies in the fund shall be used for the following purposes:
241	241
242	242	1. All reasonable and necessary costs to implement this article.
243	243
244	244	2. The reasonable and necessary costs of administering the fund. END_STATUTE
245	245
246	246	START_STATUTE49-891.06. Enforcement
247	247
248	248	A manufacturer or retailer that fails to comply with this article is subject to enforcement under article 5 of this chapter. END_STATUTE