Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H871 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2731 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 871
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Steven Owens and David M. Rogers
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to require producer responsibility for collection, reuse and recycling of discarded
13	13	electronic products.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Steven Owens29th Middlesex1/18/2023David M. Rogers24th Middlesex1/19/2023Sally P. Kerans13th Essex1/30/2023Lindsay N. Sabadosa1st Hampshire2/1/2023James K. Hawkins2nd Bristol2/7/2023Michelle M. DuBois10th Plymouth2/7/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/13/2023Tricia Farley-Bouvier2nd Berkshire2/14/2023Paul McMurtry11th Norfolk2/15/2023 1 of 25
17	17	HOUSE DOCKET, NO. 2731 FILED ON: 1/19/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 871
19	19	By Representatives Owens of Watertown and Rogers of Cambridge, a petition (accompanied by
20	20	bill, House, No. 871) of Steven Owens, David M. Rogers and others relative to producer
21	21	responsibility for the collection, reuse and recycling of discarded electronic products.
22	22	Environment and Natural Resources.
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act to require producer responsibility for collection, reuse and recycling of discarded
29	29	electronic products.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. The General Laws are hereby amended by inserting after chapter 21O the
33	33	2following chapter:-
34	34	3 CHAPTER 21P.
35	35	4 RECYCLING OF DISCARDED ELECTRONIC PRODUCTS.
36	36	5 Section 1. As used in this chapter the following words shall, unless the context clearly
37	37	6requires otherwise, have the following meanings:
38	38	7 "Additionally covered electronic product", any of the following electronic products taken
39	39	8out of service from a person in this State regardless of purchase location: printers; stand-alone
40	40	9facsimile machine; video game console, video cassette recorder/player, digital video disk player,
41	41	10or similar video device; zip drive, external hard drive, or similar storage device; or scanner. To 2 of 25
42	42	11the extent allowed under federal and state laws and regulations, an additionally covered eligible
43	43	12electronic product that is being collected, recycled, or processed for reuse is not considered to be
44	44	13hazardous waste, household waste, solid waste, or special waste. The term does not include a
45	45	14covered television product or a covered computer product.
46	46	15 “Collection”, the aggregation of covered electronic products from households,
47	47	16municipalities, the Commonwealth and any other political subdivision, and schools, including
48	48	17the accumulation of covered electronic products at handling facilities, transfer stations, and solid
49	49	18waste facilities, including all the activities up to the time the covered electronic products are
50	50	19collected by a processor.
51	51	20 “Collector”, a person accepting covered electronic products from households,
52	52	21municipalities, the Commonwealth and any other political subdivision, small businesses and
53	53	22schools.
54	54	23 “Collector reimbursement”, the minimum per pound rate, as established by the
55	55	24department, paid by a producer to a collector for all covered electronic products collected.
56	56	25 “Computer”, an electronic, magnetic, optical, electrochemical, or other high speed data
57	57	26processing device performing logical, arithmetic, or storage functions, including a laptop or a
58	58	27combined computer central processing unit and monitor; provided, however, that an automated
59	59	28typewriter or typesetter, a portable handheld calculator, a portable digital assistant, or other
60	60	29similar device shall not be considered a computer.
61	61	30 “Covered computer product”, a desktop or notebook computer, netbook, or computer
62	62	31monitor, and printers, marketed and intended for use by a person, but does not include a covered
63	63	32television device. 3 of 25
64	64	33 “Covered Entity”, any Massachusetts household, business that employs 10 or fewer
65	65	34individuals, nonprofit organization that employs 10 or fewer individuals, school, or any person
66	66	35giving seven of fewer covered electronic devices to a collector at at any one time.
67	67	36 "Covered electronic device" or “CED”, any computer, computer monitor, television,
68	68	37printer, electronic keyboard, facsimile machine, videocassette recorder, portable digital music
69	69	38player that has memory capability and is battery powered, digital video disc player, video game
70	70	39console, electronic mouse, scanner, digital converter box, cable receiver, satellite receiver, digital
71	71	40video disc recorder, keyboard, computer mouse, device sold for external use with a CED, or
72	72	41small-scale server sold at retail and taken out of service from a residence in this State. CEDs do
73	73	42not include any of the following:
74	74	43 (i) A covered electronic product that is a part of a motor vehicle or any component part of
75	75	44a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including
76	76	45replacement parts for use in a motor vehicle.
77	77	46 (ii) A covered electronic product that is functionally or physically a part of, or connected
78	78	47to, or integrated within equipment or a system designed and intended for use in an industrial,
79	79	48governmental, commercial, research and development, or medical setting, including but not
80	80	49limited to diagnostic, monitoring, control or medical products (as defined under the Federal
81	81	50Food, Drug, and Cosmetic Act), or equipment used for security, sensing, monitoring, anti-
82	82	51terrorism, emergency services purposes or equipment designed and intended primarily for use by
83	83	52professional users. 4 of 25
84	84	53 (iii) A covered electronic product that is contained within a clothes washer, clothes dryer,
85	85	54refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher,
86	86	55room air conditioner, dehumidifier, air purifier, or exercise equipment.
87	87	56 (iv) Telephones of any type, including mobile phones.
88	88	57 (v) A personal digital assistant (PDA).
89	89	58 (vi) Global positioning systems (GPS).
90	90	59 “Covered Television Product”, any electronic product that contains a tuner that locks
91	91	60onto a selected carrier frequency and is capable of receiving and displaying television or video
92	92	61programming via broadcast, cable, or satellite, including, without limitation, any direct view or
93	93	62projection television with a viewable screen of 9 inches or larger whose display technology is
94	94	63based on cathode ray tube (CRT), plasma, liquid crystal (LCD), digital light processing (DLP),
95	95	64liquid crystal on silicon (LCOS), silicon crystal reflective display (SXRD), light emitting diode
96	96	65(LED), or similar technology marketed and intended for use by a person primarily for personal
97	97	66purposes. The term does not include a covered computer product or additionally covered
98	98	67electronic product.
99	99	68 “Department”, the department of environmental protection.
100	100	69 “Desktop computer”, an electronic, magnetic, optical, electrochemical, or other high-
101	101	70speed data processing device performing logical, arithmetic, and storage functions for general
102	102	71purpose needs which are met through interaction with a number of software programs contained
103	103	72therein, which is not designed to exclusively perform a specific type of limited or specialized
104	104	73application. Human interface with a desktop computer is achieved through a standalone 5 of 25
105	105	74keyboard, stand-alone monitor or other display unit, and a stand-alone mouse or other pointing
106	106	75device, and is designed for a single user. A desktop computer has a main unit that is intended to
107	107	76be persistently located in a single location, often on a desk or on the floor.
108	108	77 “Market share”, a television producer’s national sales of televisions expressed as a
109	109	78percentage of the total of all television producers’ national sales based on the best available
110	110	79public data.
111	111	80 “Monitor”, a video display device without a tuner that can display pictures and sound and
112	112	81is used with a computer.
113	113	82 “Netbook”, an electronic, magnetic, optical, electrochemical, or other high-speed data
114	114	83processing device performing logical, arithmetic, or storage functions for general purpose needs
115	115	84which are met through interaction with a number of software programs contained therein, which
116	116	85is not designed to exclusively perform a specific type of limited or specialized application.
117	117	86Human interface with a netbook is achieved through a keyboard, video display greater than 4" in
118	118	87size, and mouse or other pointing device, all of which are contained within the construction of
119	119	88the unit which comprises the netbook, and can be carried as one unit by an individual. Netbook
120	120	89can use external, internal, or batteries for a power source. Netbook does not include a portable
121	121	90handheld calculator, or a portable digital assistant or similar specialized device.
122	122	91 “Notebook computer”, an electronic, magnetic, optical, electrochemical, or other high-
123	123	92speed data processing device performing logical, arithmetic, or storage functions for general
124	124	93purpose needs which are met through interaction with a number of software programs contained
125	125	94therein, which is not designed to exclusively perform a specific type of limited or specialized
126	126	95application. Human interface with a notebook computer is achieved through a keyboard, video 6 of 25
127	127	96display greater than 4" in size, and mouse or other pointing device, all of which are contained
128	128	97within the construction of the unit which comprises the notebook computer, and can be carried as
129	129	98one unit by an individual. Supplemental standalone interface devices typically can also be
130	130	99attached to the notebook computer. Notebook computers can use external, internal, or batteries
131	131	100for a power source. Notebook computer does not include a portable handheld calculator, or a
132	132	101portable digital assistant or similar specialized device. A notebook computer is sometimes
133	133	102referred to as a laptop computer.
134	134	103 “Orphan waste”, a covered electronic product, the producer of which cannot be identified
135	135	104or is no longer in business and has no successor in interest.
136	136	105 “Person”, a natural person, corporation, association, partnership, government body or
137	137	106other legal entity.
138	138	107 “Printer”, desktop printers, multifunction printer copiers, and printer/fax combinations
139	139	108taken out of service from a person that are designed to reside on a work surface, and include
140	140	109various print technologies, including without limitation laser and LED (electrographic), ink jet,
141	141	110dot matrix, thermal, and digital sublimation, and "multi-function" or "all-in-one" devices that
142	142	111perform different tasks, including without limitation copying, scanning, faxing, and printing.
143	143	112Printers do not include floor-standing printers, printers with optional floor stand, point of sale
144	144	113(POS) receipt printers, household printers such as a calculator with printing capabilities or label
145	145	114makers, or non-stand-alone printers that are embedded into products that are not CEDs.
146	146	115 “Processor”, a person registered with the department to receive electronic products from
147	147	116collectors for the purpose of sorting, weighing and reusing or recycling or shipping offsite for 7 of 25
148	148	117reuse or recycling in accordance with minimum performance requirements established by the
149	149	118department.
150	150	119 “Processor reimbursement”, the minimum per pound rate, as established by the
151	151	120department, paid by a producer to a processor for the producer’s covered electronic products and
152	152	121the producer’s share of orphan waste as determined by the department.
153	153	122 “Producer”, any person who: (a) has a physical presence and legal assets in the United
154	154	123States of America and (1) manufactures or manufactured a covered electronic product under its
155	155	124own brand or label; (2) sells or sold under its own brand or label a covered electronic product
156	156	125produced by other suppliers; or (3) owns a brand that it licenses or licensed to another person for
157	157	126use on a covered electronic product; or (b) imports or imported a covered electronic product into
158	158	127the United States that was manufactured by a person without a presence in the United States of
159	159	128America; (c) sells at retail a covered electronic product acquired from an importer that is the
160	160	129manufacturer as described in subsection (b) and elects to register in lieu of the importer; or (d)
161	161	130assumes the responsibilities and obligations of a producer under this Act.
162	162	131 “Producer Responsibility Organization”, a nonprofit organization designated by a
163	163	132manufacturer or group of manufacturers to act as an agent of the manufacturer or group of
164	164	133manufacturers for the purpose of developing and implementing an electronics producer
165	165	134responsibility program on behalf of the manufacturer or group of manufacturers.
166	166	135 “Program year”, a full calendar year beginning on or after January 1, 2025.
167	167	136 “Recycling”, to recover materials or by-products which are: (a) reused; (b) used as an
168	168	137ingredient or a feedstock in an industrial or manufacturing process to make a marketable product;
169	169	138or (c) used in a particular function or application as an effective substitute for a commercial 8 of 25
170	170	139product or commodity; provided, however, that recycle shall not mean to recover energy from
171	171	140the combustion of a material.
172	172	141 “Retailer”, shall include, but shall not be limited to, a person or a producer that sells new
173	173	142covered electronic products directly to a person through any means including, without limitation,
174	174	143transactions conducted through sales outlets and catalogs, but not including wholesale
175	175	144transactions with a distributor or other retailer.
176	176	145 “Return share”, a percentage of covered electronic products other than televisions
177	177	146collected through processors as calculated by dividing the total weight of covered electronic
178	178	147products other than televisions of that producer’s brands by the total weight of covered electronic
179	179	148products other than televisions for all producers’ non-orphaned brands.
180	180	149 “Reuse”, any operation by which an electronic product or component of an electronic
181	181	150product changes ownership but retains its form and function and is used for the same purpose for
182	182	151which it was originally purchased.
183	183	152 “Sale” or “sell”, any transfer for valuable consideration of title including, but not limited
184	184	153to, transactions conducted through sales outlets, or through catalogs, and excluding commercial
185	185	154financing or leasing.
186	186	155 “Television”, any telecommunication system device that can broadcast or receive moving
187	187	156pictures and sound over a distance and includes a television tuner or a display device peripheral
188	188	157to a computer that contains a television tuner.
189	189	158 Section 2. No person shall engage in business as a producer unless he is registered with
190	190	159the department pursuant to section 3. 9 of 25
191	191	160 Section 3. (a) Every producer seeking to engage in business in the commonwealth shall
192	192	161file an application, accompanied by the producer registration fee, with the department requesting
193	193	162registration as a producer. Said application shall be made on a form to be furnished by the
194	194	163department, and shall include, without limitation, the following information: (1) the name and
195	195	164contact information of the applicant; (2) the applicant's brand names of covered electronic
196	196	165products, including all brand names sold in the commonwealth in the past, all brand names
197	197	166currently being sold in the commonwealth, and all brand names for which the applicant is legally
198	198	167responsible; (3) the method or methods of sale used in the commonwealth; (4) a baseline or a set
199	199	168of baselines that describe any efforts to design covered electronic products for reuse or recycling
200	200	169and goals and plans for further increasing design for reuse and recycling; and (5) a description of
201	201	170any collection, consolidation or processing services utilized to recover, reuse, or recycle the
202	202	171applicant's products. The department shall, within 60 days, review the application for
203	203	172registration. If said application satisfies the requirements of this section, the department shall
204	204	173register said applicant as a producer and shall forthwith mail to him a certificate to that effect. If
205	205	174said application fails to satisfy the requirements of this section the producer shall, within 30
206	206	175days, file with the department a revised application addressing the requirements noted by the
207	207	176department.
208	208	177 (b) The department may keep information submitted pursuant to this section confidential
209	209	178as provided by section 10 of chapter 66 of the General Laws. The department will publish on its
210	210	179website the following information: (1) the name and contact information of the producer
211	211	180submitting the application and (2) the producer's brand names of covered electronic products.
212	212	181 Section 4. (a) Registered producers shall register with the department for a specified
213	213	182registration period. Such applications shall be submitted to the department by the date specified 10 of 25
214	214	183by the department together with a renewal fee as shall be established by the department. After
215	215	184verification of the facts stated on the application, the department shall issue a registration. Any
216	216	185holder of a registration who fails to file a renewal application within 60 days after notification by
217	217	186the department that his registration has expired shall, prior to engaging in business as a producer
218	218	187within the commonwealth, be required to register anew and pay a late fee in addition to said
219	219	188renewal fee.
220	220	189 (b) The department shall use twelve months as a specified registration period for the first
221	221	190three registration periods. After three registration periods, the department may allow producers to
222	222	191register for a period not to exceed thirty-six months.
223	223	192 Section 5. (a) Producers of electronic products shall reimburse collectors for their share
224	224	193of product received at the processor.
225	225	194 (b) A producer who has sold or who sells covered electronic products other than
226	226	195televisions in the commonwealth shall bear the financial responsibility for the collection,
227	227	196transportation, and reuse or recycling of said covered electronic products received by processors,
228	228	197including their return share of orphan waste as determined by the department.
229	229	198 (c) A producer of televisions shall have the financial responsibility for the collection,
230	230	199transportation and reuse or recycling of televisions discarded in the commonwealth, based on the
231	231	200television manufacturer’s market share.
232	232	201 (d) A producer may also collect its covered electronic products for reuse or recycling by
233	233	202establishing a collection program, either individually or in cooperation with other producers, to
234	234	203collect these discarded products as established in this chapter. A producer establishing an
235	235	204independent collection program for reuse or recycling either individually or in cooperation with 11 of 25
236	236	205other producers shall recover 1 or more electronic products. A producer establishing an
237	237	206independent recycling program either individually or in cooperation with other producers shall
238	238	207meet either of the following criteria to be able to continue the program. In order for an
239	239	208independent recycling program to maintain good standing with the department, the program must
240	240	209either of the following:
241	241	210 (i) A program must provide collection services for covered electronic products of all
242	242	211product types and produced by any manufacturer that are reasonably convenient and available to
243	243	212all citizens of the state residing within its geographic boundaries, including both rural and urban
244	244	213areas. Each program must provide a collection service in every county of the state. A program
245	245	214may provide collection services jointly with another plan or plans.
246	246	215 (a) For any city or town with a population of greater than ten thousand, each program
247	247	216shall provide a minimum of one collection site or alternate collection service described in
248	248	217subsection (3) of this section or a combination of sites and alternate service that together provide
249	249	218at least one collection opportunity for all product types. A collection site for a county may be the
250	250	219same as a collection site for a city or town in the county.
251	251	220 (b) Collection sites may include electronics recyclers and repair shops, recyclers of other
252	252	221commodities, reuse organizations, charities, retailers, government recycling sites, or other
253	253	222suitable locations.
254	254	223 (c) Collection sites must be staffed, open to the public at a frequency adequate to meet
255	255	224the needs of the area being served, and on an ongoing basis.
256	256	225 (2) A program may limit the number of covered electronic products or covered electronic
257	257	226products by product type accepted per customer per day or per delivery at a collection site or 12 of 25
258	258	227service. All covered entities may use a collection site as long as the covered entities adhere to
259	259	228any restrictions established in the plans.
260	260	229 (3) A program may provide collection services in forms different than collection sites,
261	261	230such as curbside services, if those alternate services provide equal or better convenience to
262	262	231citizens and equal or increased recovery of unwanted covered electronic products.
263	263	232 (4) For rural areas without commercial centers or areas with widely dispersed population,
264	264	233a program may provide collection at the nearest commercial centers or solid waste sites,
265	265	234collection events, mail-back systems, or a combination of these options.
266	266	235 (5) For small businesses, small governments, charities, and school districts that may have
267	267	236large quantities of covered electronic products that cannot be handled at collection sites or
268	268	237curbside services, a program may provide alternate services. At a minimum, a program must
269	269	238provide for processing of these large quantities of covered electronic products at no charge to the
270	270	239small businesses, small governments, charities, and school districts.
271	271	240 The department shall provide a report no later than December 31, 2021, to the Joint
272	272	241Committee on Environment, Natural Resources, and Agriculture and the House and Senate
273	273	242Committees on Ways and Means on independent collection programs. This report shall include,
274	274	243but not be limited to, the effectiveness of the independent collection program requirements,
275	275	244independent collection program compliance, and collection rates of independent programs.
276	276	245 A producer establishing an independent recycling program either individually or in
277	277	246cooperation with other producers will register as a collector pursuant to section 7 of this chapter
278	278	247or a processor pursuant to section 10 of this chapter; however, an additional registration fee will
279	279	248not be required. 13 of 25
280	280	249 A producer establishing an independent recycling program either individually or in
281	281	250corporation with other producers shall provide the following information to the department:
282	282	251 (a) Contact information for the responsible party and a comprehensive list of all
283	283	252manufacturers participating in the plan and their contact information;
284	284	253 (b) A description of the collection, transportation, and recycling systems and service
285	285	254providers used, including a description of how the PRO or responsible party will:
286	286	255 (i) Seek to use businesses within the state, including retailers, charities, processors, and
287	287	256collection and transportation services;
288	288	257 (ii) Fairly compensate collectors for providing collection services; and
289	289	258 (iii) Fairly compensate processors for providing processing services;
290	290	259 (c) The method or methods for the reasonably convenient collection of all product types
291	291	260of covered electronic products in rural and urban areas throughout the state, including how the
292	292	261plan will provide for collection services in each county of the state and for a minimum of one
293	293	262collection site or alternate collection service for each city or town with a population greater than
294	294	263ten thousand. A collection site for a county may be the same as a collection site for a city or town
295	295	264in the county;
296	296	265 (d) A description of how the plan will provide service to small businesses, small
297	297	266governments, charities, and school districts in the state;
298	298	267 (e) The processes and methods used to recycle covered electronic products including a
299	299	268description of the processing that will be used and the facility location; 14 of 25
300	300	269 (f) Documentation of audits of each processor used in the plan and compliance with
301	301	270processing standards established under MGL;
302	302	271 (g) A description of the accounting and reporting systems that will be employed to track
303	303	272progress toward the plan's equivalent share;
304	304	273 (h) A timeline describing start-up, implementation, and progress towards milestones with
305	305	274anticipated results;
306	306	275 (i) A public information campaign to inform consumers about how to recycle their
307	307	276covered electronic products at the end of the product's life; and
308	308	277 (j) A description of how manufacturers participating in the plan will communicate and
309	309	278work with processors utilized by that plan to promote and encourage design of electronic
310	310	279products and their components for recycling.The plan shall address how it will incorporate and
311	311	280fairly compensate registered collectors providing curbside or premium services such that they are
312	312	281not compensated at a lower rate for collection costs than the compensation offered other
313	313	282collectors providing drop-off collection sites in that geographic area.
314	314	283 All transporters, collectors, and processors used to fulfill the requirements of this section
315	315	284must be registered as described in this law.
316	316	285 A producer establishing an independent collection program shall submit an annual report
317	317	286to the department that includes at a minimum the following information for the previous program
318	318	287year as well as any additional information required by the department:
319	319	288 (1) distinguishing the total weight of each type of covered electronic product collected for
320	320	289recycling; 15 of 25
321	321	290 (2) detailing the total number of items by each type of covered electronic product
322	322	291collected for reuse or refurbishment;
323	323	292 (3) a description of the plan’s education, outreach, or other marketing efforts to promote
324	324	293collection of covered electronic products;
325	325	294 (4) a description of management practices to transport and recycle discarded covered
326	326	295electronic products; and
327	327	296 (5) any additional information deemed necessary by the department.
328	328	297 The department shall review each report within ninety days of its submission and shall
329	329	298notify the PRO or responsible party of any need for additional information or documentation, or
330	330	299any deficiency in its program. All reports submitted to the department must be available to the
331	331	300general public through the internet. Proprietary information submitted to the department under
332	332	301this chapter is exempt from public disclosure
333	333	302 A producer establishing an independent collection program for reuse or recycling either
334	334	303individually or in cooperation with other producers shall weigh the covered electronic products
335	335	304collected and shall annually submit a statement certifying to the department the total weight of
336	336	305electronic products received and the weight of orphan waste received in the preceding program
337	337	306year.
338	338	307 The department, in determining the producer’s return share, shall take into account
339	339	308electronic products voluntarily collected by the producer. 16 of 25
340	340	309 A producer establishing an independent collection program for reuse or recycling either
341	341	310individually or in cooperation with other producers shall not charge a fee for collecting,
342	342	311transporting or recycling electronic products.
343	343	312 Section 6. No person shall engage in business as a collector unless he is registered with
344	344	313the department pursuant to section 7.
345	345	314 Section 7. (a) Every collector seeking to engage in business in the commonwealth shall
346	346	315 file an application, accompanied by the collector registration fee, with the department
347	347	316requesting registration as a collector. Said application shall be made on a form to be furnished by
348	348	317the department, and shall include, without limitation, the following information: (1) the name;
349	349	318(2) the address; (3) the telephone number; and (4) the location of the business. The department
350	350	319shall, within 60 days, review the application for registration. If said application satisfies the
351	351	320requirements of this section, the department shall register said applicant as a collector and shall
352	352	321forthwith mail to him a certificate to that effect. If said application fails to satisfy the
353	353	322requirements of this section the collector shall, within 30 days, file with the department a revised
354	354	323application addressing the requirements noted by the department.
355	355	324 (b) If a municipality applies to be a collector under this statute, the statute will apply to
356	356	325them except no registration or renewal fee will be required. Likewise no registration or renewal
357	357	326fee will be required from collectors who send units primarily to reuse rather than recycling.
358	358	327 (c) A collector shall: (1) contract with a registered processor or processors to receive the
359	359	328covered electronic products collected by the collector; (2) make information available to the
360	360	329public that describes where and how to return covered electronic products for reuse or recycling,
361	361	330and dispose of covered electronic products; (3) accept all covered electronic products and ensure 17 of 25
362	362	331that said products are transported by or delivered to a registered processor; and (4) demonstrate
363	363	332compliance with the department rules and regulations and the United States Environmental
364	364	333Protection Agency’s Responsible Recycling Guidelines for Materials Management as issued and
365	365	334available on the United States Environmental Protection Agency’s Internet website in addition to
366	366	335any other requirements mandated by federal or state law. A collector may limit the number of
367	367	336covered electronic products delivered at a given time by any customer to no more than 5.
368	368	337 (d) A collector shall not: (1) charge a fee to persons for the collection or recycling of
369	369	338covered electronic products; or (2) knowingly accept covered electronic products imported into
370	370	339the commonwealth for the purpose of recycling or discard.
371	371	340 (e) Only an entity registered as a collector with the department may act as a collector in a
372	372	341plan. All covered electronic products received by a registered collector must be submitted to a
373	373	342plan. Fully functioning computers that are received by a registered collector in working order
374	374	343may be sold or donated as whole products by the collector for reuse. Computers that require
375	375	344repair to make them a fully functioning unit may only be repaired on-site at the collector’s place
376	376	345of business by the registered collector for reuse according to its original purpose.
377	377	346 (f) Registered collectors may use whole parts amassed from collected computers or new
378	378	347parts for making repairs as long as there is a part-for-part exchange with nonfunctioning
379	379	348computers submitted to a plan.
380	380	349 (g) Registered collectors may not include computers that are dispersed for reuse in the
381	381	350weight totals for compensation by the plan.
382	382	351 (h) Registered collectors must maintain a record of computers sold or donated by the
383	383	352collector for a period of three years. 18 of 25
384	384	353 (i) Registered collectors must display a notice at the point of collection that computers
385	385	354received by the collector may be repaired and sold or donated as a fully functioning computer
386	386	355rather than submitted to a processor for recycling
387	387	356 (j) The department may conduct site visits of all registered collectors that reuse or
388	388	357refurbish computers and who have an agreement with the department, collector, or producer to
389	389	358provide collection services. The department may, for cause, review records and conduct
390	390	359investigations regarding a violation of this section, including but not limited to Section 14 (d) or
391	391	360(e).
392	392	361 Section 8. Collectors shall register with the department every 3 years. Such applications
393	393	362shall be submitted to the department by the date specified by the department together with a
394	394	363renewal fee as shall be established by the department. After verification of the facts stated on the
395	395	364application, the department shall issue a registration, which shall expire in 3 years. Any holder of
396	396	365a registration who fails to file a renewal application within 60 days after notification by the
397	397	366department that his registration has expired shall, prior to engaging in business as a collector
398	398	367within the commonwealth, be required to register anew and pay a late fee in addition to said
399	399	368renewal fee.
400	400	369 Section 9. No person shall engage in business as a processor unless he is registered with
401	401	370the department pursuant to section 10.
402	402	371 Section 10. (a) Every processor seeking to engage in business in the commonwealth shall
403	403	372file an application, accompanied by appropriate processor registration fee, with the department
404	404	373requesting registration as a processor. Said application shall be made on a form to be furnished
405	405	374by the department, and shall include, without limitation, the following information: (1) the name; 19 of 25
406	406	375(2) the address; (3) the telephone number; and (4) the location of the business of the processor’s
407	407	376business. The department shall, within 60 days, review the application for registration. If said
408	408	377application satisfies the requirements of this section, the department shall register said applicant
409	409	378as a processor and shall forthwith mail to him a certificate to that effect. If said application fails
410	410	379to satisfy the requirements of this section the processor shall, within 30 days, file with the
411	411	380department a revised application addressing the requirements noted by the department.
412	412	381 (b) A processor shall: (1) be responsible for sorting all covered electronic products
413	413	382received from a participating collector with whom the processor has a contract; (2) weigh the
414	414	383total amount of covered electronic products received from a participating collector and reimburse
415	415	384said collector; provided, however, that said collector reimbursement shall be due within 30 days
416	416	385of pick-up; (3) sort, by producer, and weigh all covered electronic products other than televisions
417	417	386received from collectors; (4) weigh all televisions received from collectors; (5) either repair,
418	418	387refurbish, remanufacture, or recycle on-site or ship covered electronic products offsite for reuse
419	419	388or recycling in accordance with the minimum performance requirements established by the
420	420	389department; (6) be certified to “e-Stewards Standard for Responsible Recycling and Reuse of
421	421	390Electronics,” the U.S. Environmental Protection Agency’s “Responsible Recycling” (R2)
422	422	391Standard, or other environmental performance and accountability certification standards as
423	423	392determined to be at least equivalent to e-Stewards or R2 by the department; (7) submit an invoice
424	424	393for producer reimbursement to each producers whose waste the processor has handled; and (8)
425	425	394annually submit a report to the department which shall include without limitation: (i) the total
426	426	395aggregate weight of covered electronic products processed pursuant to this chapter in the
427	427	396previous program year; (ii) the weight, differentiated by producer, of covered electronic products
428	428	397processed pursuant to this chapter in the previous program year; (iii) the total amount of orphan 20 of 25
429	429	398waste processed pursuant to this chapter in the previous program year; and (iv) any other
430	430	399information to help track, monitor and evaluate the management of covered electronic products,
431	431	400as determined by the department.
432	432	401 (c) A processor shall not charge a fee for accepting, sorting, weighing, processing for
433	433	402reuse or recycling a covered electronic product for which the processor receives compensation
434	434	403under the provisions of this section.
435	435	404 Section 11. Processors shall register with the department every 3 years. Such application
436	436	405shall be submitted to the department by the date specified by the department together with a
437	437	406renewal fee as shall be established by the department. After verification of the facts stated on the
438	438	407application, the department shall issue a registration, which shall expire in 3 years. Any holder of
439	439	408a registration who fails to file a renewal application within 60 days after notification by the
440	440	409department that his registration has expired shall, prior to engaging in business as a processor
441	441	410within the commonwealth, be required to register anew and pay a late fee in addition to said
442	442	411renewal fee.
443	443	412 Section 12. The fee for a collector registration, a processor registration and a producer
444	444	413registration, or for any annual renewal thereof, shall be determined every three years by the
445	445	414department, but in no case shall any registration or renewal fee exceed $5000.
446	446	415 Section 13. (a) The department shall annually: (1) determine the return share for each
447	447	416program year for each producer of electronic products other than televisions by dividing the
448	448	417weight of covered electronic products identified for each producer by the total weight of covered
449	449	418electronic products identified for all producers; provided further, that said calculation shall be
450	450	419based on the reports generated by processors of covered electronic products in the 21 of 25
451	451	420commonwealth; provided further, that for the first program year, the return share of covered
452	452	421electronic products identified for each producer shall be based on the best available public return
453	453	422share data from the United States, including data from other states, for covered electronic
454	454	423products from persons; provided further, that for the second and subsequent program years, the
455	455	424return share of covered electronic products identified for each producer shall be based on the
456	456	425previous year’s reported data as described herein; and provided further, that the department shall
457	457	426use the return share for each producer to allocate financial responsibility for orphan waste; (2)
458	458	427determine, based on each producer’s return share, each producer’s share of responsibility for the
459	459	428orphan waste collected in the commonwealth; provided, however, that each producer’s return
460	460	429share of orphan waste shall be equivalent to its percentage of return share for non-orphan
461	461	430covered electronic products, multiplied by the total amount of orphan waste collected in the
462	462	431program year; and provided further, that the department, in determining the producer’s orphan
463	463	432waste share, may take into account electronic products, including orphan waste, voluntarily
464	464	433collected by the producer; (3) determine the market share allocation for each television producer
465	465	434by determining the total weight of televisions recycled in the previous year, multiplied by the
466	466	435market share for that producer; provided, however, that in the first program year, the market
467	467	436share identified for each television producer shall be based on the best available data regarding
468	468	437the total number of televisions sold in the commonwealth for the previous calendar year; (4)
469	469	438maintain a list of producers registered pursuant to this chapter; and (5) conduct periodic audits of
470	470	439processors and collectors at a frequency determined by the department, to assure accuracy of
471	471	440reporting and billing.
472	472	441 (b) The department shall adopt and may from time to time amend rules and regulations,
473	473	442and the commissioner may issue orders, to enforce the provisions of this chapter. Said 22 of 25
474	474	443regulations shall include, but not be limited to, establishing, as a maximum number not higher
475	475	444than twelve, the number of times a year payment from producers to collectors and processors be
476	476	445made, adjudicatory procedures for denied revised applications and minimum performance
477	477	446requirements for collection and processing of covered electronic products. Any person, including
478	478	447any political subdivision of the commonwealth who violates this chapter, or any order issued
479	479	448pursuant thereto, or any rule or regulation promulgated hereunder shall be subject to a fine of not
480	480	449more than twenty-five thousand dollars for each such violation. Each day each such violation
481	481	450occurs or continues shall be deemed a separate offense. These penalties shall be in addition to
482	482	451any other penalties that may be prescribed by law.
483	483	452 (c) Beginning one year after this act takes effect and annually thereafter, the department
484	484	453shall submit a report to the House Committee on Ways and Means, the Senate Committee on
485	485	454Ways and Means, and the Joint Committee on Environment, Natural Resources and Agriculture
486	486	455that includes information regarding the previous program year. The information shall include,
487	487	456but is not limited to, (1) the total administrative cost to the state government, (2) the total
488	488	457administrative cost to local governments, (3) a description of the incentive for manufacturer
489	489	458collection, and (4) a description of the education, outreach, or other marketing efforts conducted
490	490	459by the state or local governments to promote collection of covered electronic products.
491	491	460 Section 14. (a) No person shall sell covered electronic products from producers not
492	492	461registered pursuant to this chapter. A retailer shall not be in violation of this subsection if, at time
493	493	462of purchase from producer, the producer was not in violation of this Chapter. This subsection
494	494	463shall not apply to used electronic products that are reused. 23 of 25
495	495	464 (b) No person shall offer for sale an electronic product unless a visible, permanent label
496	496	465clearly identifying the producer of that product is affixed to said electronic product.
497	497	466 (c) All retailers shall provide information describing where and how to recycle an
498	498	467electronic product provided by the producer pursuant to this act.
499	499	468 (d) No person shall knowingly dispose of any electronic product except as provided in
500	500	469this chapter.
501	501	470 (e) No person shall import a covered electronic product into the commonwealth with the
502	502	471intent of recycling or discarding said product; provided further, that any covered electronic
503	503	472product so imported shall not be eligible for reimbursement under the provisions of this chapter.
504	504	473 Section 15. The department shall be charged with the enforcement of sections 1 to 14,
505	505	474inclusive. If any person refuses to obey a decision of the department the attorney general shall,
506	506	475upon request of the department, file a petition for the enforcement of such decision in the
507	507	476superior court for Suffolk County or for the county in which the defendant resides or has a place
508	508	477of business. After hearing, the court shall order the enforcement
509	509	478 of such decision or any part thereof, if legally and properly made by the department.
510	510	479 Section 16. The department may participate in the establishment of a regional multistate
511	511	480organization or compact to assist in carrying out the requirements of this chapter.
512	512	481 Section 17. (a) There shall be in the Department an advisory commission, chaired by the
513	513	482Commissioner of the Department or his designee, for electronic waste. The commission shall
514	514	483include the Senate chair of the Joint Committee on Environment, Natural Resources, and
515	515	484Agriculture or his designee, the House chair of the Joint Committee on Environment, Natural 24 of 25
516	516	485Resources, and Agriculture or his designee. The advisory commission shall also include the
517	517	486following individuals to be appointed by the Secretary of Energy and Environmental Affairs: one
518	518	487individual representing covered television product manufacturers, one individual representing
519	519	488processors of covered electronic products, one individual representing a trade association of
520	520	489covered computer product manufacturers or covered television product manufacturers , one
521	521	490individual representing covered computer manufacturers, one individual representing retailers of
522	522	491covered electronic products, one representative of the Massachusetts Municipal Association, one
523	523	492representative of the Massachusetts Product Stewardship Council, and one individual
524	524	493representing a statewide conservation organization.
525	525	494 (b) Appointments to the advisory commission shall be made not later than 30 days after
526	526	495the effective date of this statute. If a vacancy occurs on the commission, the vacancy shall be
527	527	496filled within 30 days.
528	528	497 (c) Said advisory commission shall have the following duties: (1) It shall advise the
529	529	498Department on policy and program development under this section, specifically regarding
530	530	499performance standards; (2) It shall review the registration and renewal fees for producers,
531	531	500collectors and processors, and shall make recommendations to the commissioner relative thereto;
532	532	501and (3) It shall make recommendations to the Joint Committee on Environment, Natural
533	533	502Resources, and Agriculture on recommendations of amending the definition of electronic product
534	534	503under this statute to cover other electronic products, including but not limited to medical
535	535	504equipment.
536	536	505 (d) The advisory commission shall meet at least four times a year and shall convene
537	537	506special meetings at the call of the Commissioner. A written record of all meetings of the 25 of 25
538	538	507committee shall be maintained by the Department. Members of the commission shall serve
539	539	508without compensation. The members of the commission representing the Department or the
540	540	509General Court shall serve without additional compensation.
541	541	510 SECTION 2. Notwithstanding any general or special law to the contrary and unless
542	542	511otherwise specified herein, this act shall take effect January 1, 2025.