Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1015 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1037 FILED ON: 1/14/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1015
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 Middlesex1/14/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/7/2025 1 of 25
17	17	HOUSE DOCKET, NO. 1037 FILED ON: 1/14/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 1015
19	19	By Representatives Owens of Watertown and Rogers of Cambridge, a petition (accompanied by
20	20	bill, House, No. 1015) of Steven Owens and Jacob R. Oliveira relative to producer responsibility
21	21	for the collection, reuse and recycling of discarded electronic products. Environment and
22	22	Natural Resources.
23	23	[SIMILAR MATTER FILED IN PREVIOUS SESSION
24	24	SEE HOUSE, NO. 871 OF 2023-2024.]
25	25	The Commonwealth of Massachusetts
26	26	_______________
27	27	In the One Hundred and Ninety-Fourth General Court
28	28	(2025-2026)
29	29	_______________
30	30	An Act to require producer responsibility for collection, reuse and recycling of discarded
31	31	electronic products.
32	32	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
33	33	of the same, as follows:
34	34	1 SECTION 1. The General Laws are hereby amended by inserting after chapter 21O the
35	35	2following chapter:-
36	36	3 CHAPTER 21P.
37	37	4 RECYCLING OF DISCARDED ELECTRONIC PRODUCTS.
38	38	5 Section 1. As used in this chapter the following words shall, unless the context clearly
39	39	6requires otherwise, have the following meanings:
40	40	7 "Additionally covered electronic product", any of the following electronic products taken
41	41	8out of service from a person in this State regardless of purchase location: printers; stand-alone 2 of 25
42	42	9facsimile machine; video game console, video cassette recorder/player, digital video disk player,
43	43	10or similar video device; zip drive, external hard drive, or similar storage device; or scanner. To
44	44	11the extent allowed under federal and state laws and regulations, an additionally covered eligible
45	45	12electronic product that is being collected, recycled, or processed for reuse is not considered to be
46	46	13hazardous waste, household waste, solid waste, or special waste. The term does not include a
47	47	14covered television product or a covered computer product.
48	48	15 “Collection”, the aggregation of covered electronic products from households,
49	49	16municipalities, the Commonwealth and any other political subdivision, and schools, including
50	50	17the accumulation of covered electronic products at handling facilities, transfer stations, and solid
51	51	18waste facilities, including all the activities up to the time the covered electronic products are
52	52	19collected by a processor.
53	53	20 “Collector”, a person accepting covered electronic products from households,
54	54	21municipalities, the Commonwealth and any other political subdivision, small businesses and
55	55	22schools.
56	56	23 “Collector reimbursement”, the minimum per pound rate, as established by the
57	57	24department, paid by a producer to a collector for all covered electronic products collected.
58	58	25 “Computer”, an electronic, magnetic, optical, electrochemical, or other high speed data
59	59	26processing device performing logical, arithmetic, or storage functions, including a laptop or a
60	60	27combined computer central processing unit and monitor; provided, however, that an automated
61	61	28typewriter or typesetter, a portable handheld calculator, a portable digital assistant, or other
62	62	29similar device shall not be considered a computer. 3 of 25
63	63	30 “Covered computer product”, a desktop or notebook computer, netbook, or computer
64	64	31monitor, and printers, marketed and intended for use by a person, but does not include a covered
65	65	32television device.
66	66	33 “Covered Entity”, any Massachusetts household, business that employs 10 or fewer
67	67	34individuals, nonprofit organization that employs 10 or fewer individuals, school, or any person
68	68	35giving seven of fewer covered electronic devices to a collector at at any one time.
69	69	36 "Covered electronic device" or “CED”, any computer, computer monitor, television,
70	70	37printer, electronic keyboard, facsimile machine, videocassette recorder, portable digital music
71	71	38player that has memory capability and is battery powered, digital video disc player, video game
72	72	39console, electronic mouse, scanner, digital converter box, cable receiver, satellite receiver, digital
73	73	40video disc recorder, keyboard, computer mouse, device sold for external use with a CED, or
74	74	41small-scale server sold at retail and taken out of service from a residence in this State. CEDs do
75	75	42not include any of the following:
76	76	43 (i) A covered electronic product that is a part of a motor vehicle or any component part of
77	77	44a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including
78	78	45replacement parts for use in a motor vehicle.
79	79	46 (ii) A covered electronic product that is functionally or physically a part of, or connected
80	80	47to, or integrated within equipment or a system designed and intended for use in an industrial,
81	81	48governmental, commercial, research and development, or medical setting, including but not
82	82	49limited to diagnostic, monitoring, control or medical products (as defined under the Federal
83	83	50Food, Drug, and Cosmetic Act), or equipment used for security, sensing, monitoring, anti- 4 of 25
84	84	51terrorism, emergency services purposes or equipment designed and intended primarily for use by
85	85	52professional users.
86	86	53 (iii) A covered electronic product that is contained within a clothes washer, clothes dryer,
87	87	54refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher,
88	88	55room air conditioner, dehumidifier, air purifier, or exercise equipment.
89	89	56 (iv) Telephones of any type, including mobile phones.
90	90	57 (v) A personal digital assistant (PDA).
91	91	58 (vi) Global positioning systems (GPS).
92	92	59 “Covered Television Product”, any electronic product that contains a tuner that locks
93	93	60onto a selected carrier frequency and is capable of receiving and displaying television or video
94	94	61programming via broadcast, cable, or satellite, including, without limitation, any direct view or
95	95	62projection television with a viewable screen of 9 inches or larger whose display technology is
96	96	63based on cathode ray tube (CRT), plasma, liquid crystal (LCD), digital light processing (DLP),
97	97	64liquid crystal on silicon (LCOS), silicon crystal reflective display (SXRD), light emitting diode
98	98	65(LED), or similar technology marketed and intended for use by a person primarily for personal
99	99	66purposes. The term does not include a covered computer product or additionally covered
100	100	67electronic product.
101	101	68 “Department”, the department of environmental protection.
102	102	69 “Desktop computer”, an electronic, magnetic, optical, electrochemical, or other high-
103	103	70speed data processing device performing logical, arithmetic, and storage functions for general
104	104	71purpose needs which are met through interaction with a number of software programs contained 5 of 25
105	105	72therein, which is not designed to exclusively perform a specific type of limited or specialized
106	106	73application. Human interface with a desktop computer is achieved through a standalone
107	107	74keyboard, stand-alone monitor or other display unit, and a stand-alone mouse or other pointing
108	108	75device, and is designed for a single user. A desktop computer has a main unit that is intended to
109	109	76be persistently located in a single location, often on a desk or on the floor.
110	110	77 “Market share”, a television producer’s national sales of televisions expressed as a
111	111	78percentage of the total of all television producers’ national sales based on the best available
112	112	79public data.
113	113	80 “Monitor”, a video display device without a tuner that can display pictures and sound and
114	114	81is used with a computer.
115	115	82 “Netbook”, an electronic, magnetic, optical, electrochemical, or other high-speed data
116	116	83processing device performing logical, arithmetic, or storage functions for general purpose needs
117	117	84which are met through interaction with a number of software programs contained therein, which
118	118	85is not designed to exclusively perform a specific type of limited or specialized application.
119	119	86Human interface with a netbook is achieved through a keyboard, video display greater than 4" in
120	120	87size, and mouse or other pointing device, all of which are contained within the construction of
121	121	88the unit which comprises the netbook, and can be carried as one unit by an individual. Netbook
122	122	89can use external, internal, or batteries for a power source. Netbook does not include a portable
123	123	90handheld calculator, or a portable digital assistant or similar specialized device.
124	124	91 “Notebook computer”, an electronic, magnetic, optical, electrochemical, or other high-
125	125	92speed data processing device performing logical, arithmetic, or storage functions for general
126	126	93purpose needs which are met through interaction with a number of software programs contained 6 of 25
127	127	94therein, which is not designed to exclusively perform a specific type of limited or specialized
128	128	95application. Human interface with a notebook computer is achieved through a keyboard, video
129	129	96display greater than 4" in size, and mouse or other pointing device, all of which are contained
130	130	97within the construction of the unit which comprises the notebook computer, and can be carried as
131	131	98one unit by an individual. Supplemental standalone interface devices typically can also be
132	132	99attached to the notebook computer. Notebook computers can use external, internal, or batteries
133	133	100for a power source. Notebook computer does not include a portable handheld calculator, or a
134	134	101portable digital assistant or similar specialized device. A notebook computer is sometimes
135	135	102referred to as a laptop computer.
136	136	103 “Orphan waste”, a covered electronic product, the producer of which cannot be identified
137	137	104or is no longer in business and has no successor in interest.
138	138	105 “Person”, a natural person, corporation, association, partnership, government body or
139	139	106other legal entity.
140	140	107 “Printer”, desktop printers, multifunction printer copiers, and printer/fax combinations
141	141	108taken out of service from a person that are designed to reside on a work surface, and include
142	142	109various print technologies, including without limitation laser and LED (electrographic), ink jet,
143	143	110dot matrix, thermal, and digital sublimation, and "multi-function" or "all-in-one" devices that
144	144	111perform different tasks, including without limitation copying, scanning, faxing, and printing.
145	145	112Printers do not include floor-standing printers, printers with optional floor stand, point of sale
146	146	113(POS) receipt printers, household printers such as a calculator with printing capabilities or label
147	147	114makers, or non-stand-alone printers that are embedded into products that are not CEDs. 7 of 25
148	148	115 “Processor”, a person registered with the department to receive electronic products from
149	149	116collectors for the purpose of sorting, weighing and reusing or recycling or shipping offsite for
150	150	117reuse or recycling in accordance with minimum performance requirements established by the
151	151	118department.
152	152	119 “Processor reimbursement”, the minimum per pound rate, as established by the
153	153	120department, paid by a producer to a processor for the producer’s covered electronic products and
154	154	121the producer’s share of orphan waste as determined by the department.
155	155	122 “Producer”, any person who: (a) has a physical presence and legal assets in the United
156	156	123States of America and (1) manufactures or manufactured a covered electronic product under its
157	157	124own brand or label; (2) sells or sold under its own brand or label a covered electronic product
158	158	125produced by other suppliers; or (3) owns a brand that it licenses or licensed to another person for
159	159	126use on a covered electronic product; or (b) imports or imported a covered electronic product into
160	160	127the United States that was manufactured by a person without a presence in the United States of
161	161	128America; (c) sells at retail a covered electronic product acquired from an importer that is the
162	162	129manufacturer as described in subsection (b) and elects to register in lieu of the importer; or (d)
163	163	130assumes the responsibilities and obligations of a producer under this Act.
164	164	131 “Producer Responsibility Organization”, a nonprofit organization designated by a
165	165	132manufacturer or group of manufacturers to act as an agent of the manufacturer or group of
166	166	133manufacturers for the purpose of developing and implementing an electronics producer
167	167	134responsibility program on behalf of the manufacturer or group of manufacturers.
168	168	135 “Program year”, a full calendar year beginning on or after January 1, 2025. 8 of 25
169	169	136 “Recycling”, to recover materials or by-products which are: (a) reused; (b) used as an
170	170	137ingredient or a feedstock in an industrial or manufacturing process to make a marketable product;
171	171	138or (c) used in a particular function or application as an effective substitute for a commercial
172	172	139product or commodity; provided, however, that recycle shall not mean to recover energy from
173	173	140the combustion of a material.
174	174	141 “Retailer”, shall include, but shall not be limited to, a person or a producer that sells new
175	175	142covered electronic products directly to a person through any means including, without limitation,
176	176	143transactions conducted through sales outlets and catalogs, but not including wholesale
177	177	144transactions with a distributor or other retailer.
178	178	145 “Return share”, a percentage of covered electronic products other than televisions
179	179	146collected through processors as calculated by dividing the total weight of covered electronic
180	180	147products other than televisions of that producer’s brands by the total weight of covered electronic
181	181	148products other than televisions for all producers’ non-orphaned brands.
182	182	149 “Reuse”, any operation by which an electronic product or component of an electronic
183	183	150product changes ownership but retains its form and function and is used for the same purpose for
184	184	151which it was originally purchased.
185	185	152 “Sale” or “sell”, any transfer for valuable consideration of title including, but not limited
186	186	153to, transactions conducted through sales outlets, or through catalogs, and excluding commercial
187	187	154financing or leasing.
188	188	155 “Television”, any telecommunication system device that can broadcast or receive moving
189	189	156pictures and sound over a distance and includes a television tuner or a display device peripheral
190	190	157to a computer that contains a television tuner. 9 of 25
191	191	158 Section 2. No person shall engage in business as a producer unless he is registered with
192	192	159the department pursuant to section 3.
193	193	160 Section 3. (a) Every producer seeking to engage in business in the commonwealth shall
194	194	161file an application, accompanied by the producer registration fee, with the department requesting
195	195	162registration as a producer. Said application shall be made on a form to be furnished by the
196	196	163department, and shall include, without limitation, the following information: (1) the name and
197	197	164contact information of the applicant; (2) the applicant's brand names of covered electronic
198	198	165products, including all brand names sold in the commonwealth in the past, all brand names
199	199	166currently being sold in the commonwealth, and all brand names for which the applicant is legally
200	200	167responsible; (3) the method or methods of sale used in the commonwealth; (4) a baseline or a set
201	201	168of baselines that describe any efforts to design covered electronic products for reuse or recycling
202	202	169and goals and plans for further increasing design for reuse and recycling; and (5) a description of
203	203	170any collection, consolidation or processing services utilized to recover, reuse, or recycle the
204	204	171applicant's products. The department shall, within 60 days, review the application for
205	205	172registration. If said application satisfies the requirements of this section, the department shall
206	206	173register said applicant as a producer and shall forthwith mail to him a certificate to that effect. If
207	207	174said application fails to satisfy the requirements of this section the producer shall, within 30
208	208	175days, file with the department a revised application addressing the requirements noted by the
209	209	176department.
210	210	177 (b) The department may keep information submitted pursuant to this section confidential
211	211	178as provided by section 10 of chapter 66 of the General Laws. The department will publish on its
212	212	179website the following information: (1) the name and contact information of the producer
213	213	180submitting the application and (2) the producer's brand names of covered electronic products. 10 of 25
214	214	181 Section 4. (a) Registered producers shall register with the department for a specified
215	215	182registration period. Such applications shall be submitted to the department by the date specified
216	216	183by the department together with a renewal fee as shall be established by the department. After
217	217	184verification of the facts stated on the application, the department shall issue a registration. Any
218	218	185holder of a registration who fails to file a renewal application within 60 days after notification by
219	219	186the department that his registration has expired shall, prior to engaging in business as a producer
220	220	187within the commonwealth, be required to register anew and pay a late fee in addition to said
221	221	188renewal fee.
222	222	189 (b) The department shall use twelve months as a specified registration period for the first
223	223	190three registration periods. After three registration periods, the department may allow producers to
224	224	191register for a period not to exceed thirty-six months.
225	225	192 Section 5. (a) Producers of electronic products shall reimburse collectors for their share
226	226	193of product received at the processor.
227	227	194 (b) A producer who has sold or who sells covered electronic products other than
228	228	195televisions in the commonwealth shall bear the financial responsibility for the collection,
229	229	196transportation, and reuse or recycling of said covered electronic products received by processors,
230	230	197including their return share of orphan waste as determined by the department.
231	231	198 (c) A producer of televisions shall have the financial responsibility for the collection,
232	232	199transportation and reuse or recycling of televisions discarded in the commonwealth, based on the
233	233	200television manufacturer’s market share.
234	234	201 (d) A producer may also collect its covered electronic products for reuse or recycling by
235	235	202establishing a collection program, either individually or in cooperation with other producers, to 11 of 25
236	236	203collect these discarded products as established in this chapter. A producer establishing an
237	237	204independent collection program for reuse or recycling either individually or in cooperation with
238	238	205other producers shall recover 1 or more electronic products. A producer establishing an
239	239	206independent recycling program either individually or in cooperation with other producers shall
240	240	207meet either of the following criteria to be able to continue the program. In order for an
241	241	208independent recycling program to maintain good standing with the department, the program must
242	242	209either of the following:
243	243	210 (i) A program must provide collection services for covered electronic products of all
244	244	211product types and produced by any manufacturer that are reasonably convenient and available to
245	245	212all citizens of the state residing within its geographic boundaries, including both rural and urban
246	246	213areas. Each program must provide a collection service in every county of the state. A program
247	247	214may provide collection services jointly with another plan or plans.
248	248	215 (a) For any city or town with a population of greater than ten thousand, each program
249	249	216shall provide a minimum of one collection site or alternate collection service described in
250	250	217subsection (3) of this section or a combination of sites and alternate service that together provide
251	251	218at least one collection opportunity for all product types. A collection site for a county may be the
252	252	219same as a collection site for a city or town in the county.
253	253	220 (b) Collection sites may include electronics recyclers and repair shops, recyclers of other
254	254	221commodities, reuse organizations, charities, retailers, government recycling sites, or other
255	255	222suitable locations.
256	256	223 (c) Collection sites must be staffed, open to the public at a frequency adequate to meet
257	257	224the needs of the area being served, and on an ongoing basis. 12 of 25
258	258	225 (2) A program may limit the number of covered electronic products or covered electronic
259	259	226products by product type accepted per customer per day or per delivery at a collection site or
260	260	227service. All covered entities may use a collection site as long as the covered entities adhere to
261	261	228any restrictions established in the plans.
262	262	229 (3) A program may provide collection services in forms different than collection sites,
263	263	230such as curbside services, if those alternate services provide equal or better convenience to
264	264	231citizens and equal or increased recovery of unwanted covered electronic products.
265	265	232 (4) For rural areas without commercial centers or areas with widely dispersed population,
266	266	233a program may provide collection at the nearest commercial centers or solid waste sites,
267	267	234collection events, mail-back systems, or a combination of these options.
268	268	235 (5) For small businesses, small governments, charities, and school districts that may have
269	269	236large quantities of covered electronic products that cannot be handled at collection sites or
270	270	237curbside services, a program may provide alternate services. At a minimum, a program must
271	271	238provide for processing of these large quantities of covered electronic products at no charge to the
272	272	239small businesses, small governments, charities, and school districts.
273	273	240 The department shall provide a report no later than December 31, 2021, to the Joint
274	274	241Committee on Environment, Natural Resources, and Agriculture and the House and Senate
275	275	242Committees on Ways and Means on independent collection programs. This report shall include,
276	276	243but not be limited to, the effectiveness of the independent collection program requirements,
277	277	244independent collection program compliance, and collection rates of independent programs.
278	278	245 A producer establishing an independent recycling program either individually or in
279	279	246cooperation with other producers will register as a collector pursuant to section 7 of this chapter 13 of 25
280	280	247or a processor pursuant to section 10 of this chapter; however, an additional registration fee will
281	281	248not be required.
282	282	249 A producer establishing an independent recycling program either individually or in
283	283	250corporation with other producers shall provide the following information to the department:
284	284	251 (a) Contact information for the responsible party and a comprehensive list of all
285	285	252manufacturers participating in the plan and their contact information;
286	286	253 (b) A description of the collection, transportation, and recycling systems and service
287	287	254providers used, including a description of how the PRO or responsible party will:
288	288	255 (i) Seek to use businesses within the state, including retailers, charities, processors, and
289	289	256collection and transportation services;
290	290	257 (ii) Fairly compensate collectors for providing collection services; and
291	291	258 (iii) Fairly compensate processors for providing processing services;
292	292	259 (c) The method or methods for the reasonably convenient collection of all product types
293	293	260of covered electronic products in rural and urban areas throughout the state, including how the
294	294	261plan will provide for collection services in each county of the state and for a minimum of one
295	295	262collection site or alternate collection service for each city or town with a population greater than
296	296	263ten thousand. A collection site for a county may be the same as a collection site for a city or town
297	297	264in the county;
298	298	265 (d) A description of how the plan will provide service to small businesses, small
299	299	266governments, charities, and school districts in the state; 14 of 25
300	300	267 (e) The processes and methods used to recycle covered electronic products including a
301	301	268description of the processing that will be used and the facility location;
302	302	269 (f) Documentation of audits of each processor used in the plan and compliance with
303	303	270processing standards established under MGL;
304	304	271 (g) A description of the accounting and reporting systems that will be employed to track
305	305	272progress toward the plan's equivalent share;
306	306	273 (h) A timeline describing start-up, implementation, and progress towards milestones with
307	307	274anticipated results;
308	308	275 (i) A public information campaign to inform consumers about how to recycle their
309	309	276covered electronic products at the end of the product's life; and
310	310	277 (j) A description of how manufacturers participating in the plan will communicate and
311	311	278work with processors utilized by that plan to promote and encourage design of electronic
312	312	279products and their components for recycling.The plan shall address how it will incorporate and
313	313	280fairly compensate registered collectors providing curbside or premium services such that they are
314	314	281not compensated at a lower rate for collection costs than the compensation offered other
315	315	282collectors providing drop-off collection sites in that geographic area.
316	316	283 All transporters, collectors, and processors used to fulfill the requirements of this section
317	317	284must be registered as described in this law.
318	318	285 A producer establishing an independent collection program shall submit an annual report
319	319	286to the department that includes at a minimum the following information for the previous program
320	320	287year as well as any additional information required by the department: 15 of 25
321	321	288 (1) distinguishing the total weight of each type of covered electronic product collected for
322	322	289recycling;
323	323	290 (2) detailing the total number of items by each type of covered electronic product
324	324	291collected for reuse or refurbishment;
325	325	292 (3) a description of the plan’s education, outreach, or other marketing efforts to promote
326	326	293collection of covered electronic products;
327	327	294 (4) a description of management practices to transport and recycle discarded covered
328	328	295electronic products; and
329	329	296 (5) any additional information deemed necessary by the department.
330	330	297 The department shall review each report within ninety days of its submission and shall
331	331	298notify the PRO or responsible party of any need for additional information or documentation, or
332	332	299any deficiency in its program. All reports submitted to the department must be available to the
333	333	300general public through the internet. Proprietary information submitted to the department under
334	334	301this chapter is exempt from public disclosure
335	335	302 A producer establishing an independent collection program for reuse or recycling either
336	336	303individually or in cooperation with other producers shall weigh the covered electronic products
337	337	304collected and shall annually submit a statement certifying to the department the total weight of
338	338	305electronic products received and the weight of orphan waste received in the preceding program
339	339	306year.
340	340	307 The department, in determining the producer’s return share, shall take into account
341	341	308electronic products voluntarily collected by the producer. 16 of 25
342	342	309 A producer establishing an independent collection program for reuse or recycling either
343	343	310individually or in cooperation with other producers shall not charge a fee for collecting,
344	344	311transporting or recycling electronic products.
345	345	312 Section 6. No person shall engage in business as a collector unless he is registered with
346	346	313the department pursuant to section 7.
347	347	314 Section 7. (a) Every collector seeking to engage in business in the commonwealth shall
348	348	315 file an application, accompanied by the collector registration fee, with the department
349	349	316requesting registration as a collector. Said application shall be made on a form to be furnished by
350	350	317the department, and shall include, without limitation, the following information: (1) the name;
351	351	318(2) the address; (3) the telephone number; and (4) the location of the business. The department
352	352	319shall, within 60 days, review the application for registration. If said application satisfies the
353	353	320requirements of this section, the department shall register said applicant as a collector and shall
354	354	321forthwith mail to him a certificate to that effect. If said application fails to satisfy the
355	355	322requirements of this section the collector shall, within 30 days, file with the department a revised
356	356	323application addressing the requirements noted by the department.
357	357	324 (b) If a municipality applies to be a collector under this statute, the statute will apply to
358	358	325them except no registration or renewal fee will be required. Likewise no registration or renewal
359	359	326fee will be required from collectors who send units primarily to reuse rather than recycling.
360	360	327 (c) A collector shall: (1) contract with a registered processor or processors to receive the
361	361	328covered electronic products collected by the collector; (2) make information available to the
362	362	329public that describes where and how to return covered electronic products for reuse or recycling,
363	363	330and dispose of covered electronic products; (3) accept all covered electronic products and ensure 17 of 25
364	364	331that said products are transported by or delivered to a registered processor; and (4) demonstrate
365	365	332compliance with the department rules and regulations and the United States Environmental
366	366	333Protection Agency’s Responsible Recycling Guidelines for Materials Management as issued and
367	367	334available on the United States Environmental Protection Agency’s Internet website in addition to
368	368	335any other requirements mandated by federal or state law. A collector may limit the number of
369	369	336covered electronic products delivered at a given time by any customer to no more than 5.
370	370	337 (d) A collector shall not: (1) charge a fee to persons for the collection or recycling of
371	371	338covered electronic products; or (2) knowingly accept covered electronic products imported into
372	372	339the commonwealth for the purpose of recycling or discard.
373	373	340 (e) Only an entity registered as a collector with the department may act as a collector in a
374	374	341plan. All covered electronic products received by a registered collector must be submitted to a
375	375	342plan. Fully functioning computers that are received by a registered collector in working order
376	376	343may be sold or donated as whole products by the collector for reuse. Computers that require
377	377	344repair to make them a fully functioning unit may only be repaired on-site at the collector’s place
378	378	345of business by the registered collector for reuse according to its original purpose.
379	379	346 (f) Registered collectors may use whole parts amassed from collected computers or new
380	380	347parts for making repairs as long as there is a part-for-part exchange with nonfunctioning
381	381	348computers submitted to a plan.
382	382	349 (g) Registered collectors may not include computers that are dispersed for reuse in the
383	383	350weight totals for compensation by the plan.
384	384	351 (h) Registered collectors must maintain a record of computers sold or donated by the
385	385	352collector for a period of three years. 18 of 25
386	386	353 (i) Registered collectors must display a notice at the point of collection that computers
387	387	354received by the collector may be repaired and sold or donated as a fully functioning computer
388	388	355rather than submitted to a processor for recycling
389	389	356 (j) The department may conduct site visits of all registered collectors that reuse or
390	390	357refurbish computers and who have an agreement with the department, collector, or producer to
391	391	358provide collection services. The department may, for cause, review records and conduct
392	392	359investigations regarding a violation of this section, including but not limited to Section 14 (d) or
393	393	360(e).
394	394	361 Section 8. Collectors shall register with the department every 3 years. Such applications
395	395	362shall be submitted to the department by the date specified by the department together with a
396	396	363renewal fee as shall be established by the department. After verification of the facts stated on the
397	397	364application, the department shall issue a registration, which shall expire in 3 years. Any holder of
398	398	365a registration who fails to file a renewal application within 60 days after notification by the
399	399	366department that his registration has expired shall, prior to engaging in business as a collector
400	400	367within the commonwealth, be required to register anew and pay a late fee in addition to said
401	401	368renewal fee.
402	402	369 Section 9. No person shall engage in business as a processor unless he is registered with
403	403	370the department pursuant to section 10.
404	404	371 Section 10. (a) Every processor seeking to engage in business in the commonwealth shall
405	405	372file an application, accompanied by appropriate processor registration fee, with the department
406	406	373requesting registration as a processor. Said application shall be made on a form to be furnished
407	407	374by the department, and shall include, without limitation, the following information: (1) the name; 19 of 25
408	408	375(2) the address; (3) the telephone number; and (4) the location of the business of the processor’s
409	409	376business. The department shall, within 60 days, review the application for registration. If said
410	410	377application satisfies the requirements of this section, the department shall register said applicant
411	411	378as a processor and shall forthwith mail to him a certificate to that effect. If said application fails
412	412	379to satisfy the requirements of this section the processor shall, within 30 days, file with the
413	413	380department a revised application addressing the requirements noted by the department.
414	414	381 (b) A processor shall: (1) be responsible for sorting all covered electronic products
415	415	382received from a participating collector with whom the processor has a contract; (2) weigh the
416	416	383total amount of covered electronic products received from a participating collector and reimburse
417	417	384said collector; provided, however, that said collector reimbursement shall be due within 30 days
418	418	385of pick-up; (3) sort, by producer, and weigh all covered electronic products other than televisions
419	419	386received from collectors; (4) weigh all televisions received from collectors; (5) either repair,
420	420	387refurbish, remanufacture, or recycle on-site or ship covered electronic products offsite for reuse
421	421	388or recycling in accordance with the minimum performance requirements established by the
422	422	389department; (6) be certified to “e-Stewards Standard for Responsible Recycling and Reuse of
423	423	390Electronics,” the U.S. Environmental Protection Agency’s “Responsible Recycling” (R2)
424	424	391Standard, or other environmental performance and accountability certification standards as
425	425	392determined to be at least equivalent to e-Stewards or R2 by the department; (7) submit an invoice
426	426	393for producer reimbursement to each producers whose waste the processor has handled; and (8)
427	427	394annually submit a report to the department which shall include without limitation: (i) the total
428	428	395aggregate weight of covered electronic products processed pursuant to this chapter in the
429	429	396previous program year; (ii) the weight, differentiated by producer, of covered electronic products
430	430	397processed pursuant to this chapter in the previous program year; (iii) the total amount of orphan 20 of 25
431	431	398waste processed pursuant to this chapter in the previous program year; and (iv) any other
432	432	399information to help track, monitor and evaluate the management of covered electronic products,
433	433	400as determined by the department.
434	434	401 (c) A processor shall not charge a fee for accepting, sorting, weighing, processing for
435	435	402reuse or recycling a covered electronic product for which the processor receives compensation
436	436	403under the provisions of this section.
437	437	404 Section 11. Processors shall register with the department every 3 years. Such application
438	438	405shall be submitted to the department by the date specified by the department together with a
439	439	406renewal fee as shall be established by the department. After verification of the facts stated on the
440	440	407application, the department shall issue a registration, which shall expire in 3 years. Any holder of
441	441	408a registration who fails to file a renewal application within 60 days after notification by the
442	442	409department that his registration has expired shall, prior to engaging in business as a processor
443	443	410within the commonwealth, be required to register anew and pay a late fee in addition to said
444	444	411renewal fee.
445	445	412 Section 12. The fee for a collector registration, a processor registration and a producer
446	446	413registration, or for any annual renewal thereof, shall be determined every three years by the
447	447	414department, but in no case shall any registration or renewal fee exceed $5000.
448	448	415 Section 13. (a) The department shall annually: (1) determine the return share for each
449	449	416program year for each producer of electronic products other than televisions by dividing the
450	450	417weight of covered electronic products identified for each producer by the total weight of covered
451	451	418electronic products identified for all producers; provided further, that said calculation shall be
452	452	419based on the reports generated by processors of covered electronic products in the 21 of 25
453	453	420commonwealth; provided further, that for the first program year, the return share of covered
454	454	421electronic products identified for each producer shall be based on the best available public return
455	455	422share data from the United States, including data from other states, for covered electronic
456	456	423products from persons; provided further, that for the second and subsequent program years, the
457	457	424return share of covered electronic products identified for each producer shall be based on the
458	458	425previous year’s reported data as described herein; and provided further, that the department shall
459	459	426use the return share for each producer to allocate financial responsibility for orphan waste; (2)
460	460	427determine, based on each producer’s return share, each producer’s share of responsibility for the
461	461	428orphan waste collected in the commonwealth; provided, however, that each producer’s return
462	462	429share of orphan waste shall be equivalent to its percentage of return share for non-orphan
463	463	430covered electronic products, multiplied by the total amount of orphan waste collected in the
464	464	431program year; and provided further, that the department, in determining the producer’s orphan
465	465	432waste share, may take into account electronic products, including orphan waste, voluntarily
466	466	433collected by the producer; (3) determine the market share allocation for each television producer
467	467	434by determining the total weight of televisions recycled in the previous year, multiplied by the
468	468	435market share for that producer; provided, however, that in the first program year, the market
469	469	436share identified for each television producer shall be based on the best available data regarding
470	470	437the total number of televisions sold in the commonwealth for the previous calendar year; (4)
471	471	438maintain a list of producers registered pursuant to this chapter; and (5) conduct periodic audits of
472	472	439processors and collectors at a frequency determined by the department, to assure accuracy of
473	473	440reporting and billing.
474	474	441 (b) The department shall adopt and may from time to time amend rules and regulations,
475	475	442and the commissioner may issue orders, to enforce the provisions of this chapter. Said 22 of 25
476	476	443regulations shall include, but not be limited to, establishing, as a maximum number not higher
477	477	444than twelve, the number of times a year payment from producers to collectors and processors be
478	478	445made, adjudicatory procedures for denied revised applications and minimum performance
479	479	446requirements for collection and processing of covered electronic products. Any person, including
480	480	447any political subdivision of the commonwealth who violates this chapter, or any order issued
481	481	448pursuant thereto, or any rule or regulation promulgated hereunder shall be subject to a fine of not
482	482	449more than twenty-five thousand dollars for each such violation. Each day each such violation
483	483	450occurs or continues shall be deemed a separate offense. These penalties shall be in addition to
484	484	451any other penalties that may be prescribed by law.
485	485	452 (c) Beginning one year after this act takes effect and annually thereafter, the department
486	486	453shall submit a report to the House Committee on Ways and Means, the Senate Committee on
487	487	454Ways and Means, and the Joint Committee on Environment, Natural Resources and Agriculture
488	488	455that includes information regarding the previous program year. The information shall include,
489	489	456but is not limited to, (1) the total administrative cost to the state government, (2) the total
490	490	457administrative cost to local governments, (3) a description of the incentive for manufacturer
491	491	458collection, and (4) a description of the education, outreach, or other marketing efforts conducted
492	492	459by the state or local governments to promote collection of covered electronic products.
493	493	460 Section 14. (a) No person shall sell covered electronic products from producers not
494	494	461registered pursuant to this chapter. A retailer shall not be in violation of this subsection if, at time
495	495	462of purchase from producer, the producer was not in violation of this Chapter. This subsection
496	496	463shall not apply to used electronic products that are reused. 23 of 25
497	497	464 (b) No person shall offer for sale an electronic product unless a visible, permanent label
498	498	465clearly identifying the producer of that product is affixed to said electronic product.
499	499	466 (c) All retailers shall provide information describing where and how to recycle an
500	500	467electronic product provided by the producer pursuant to this act.
501	501	468 (d) No person shall knowingly dispose of any electronic product except as provided in
502	502	469this chapter.
503	503	470 (e) No person shall import a covered electronic product into the commonwealth with the
504	504	471intent of recycling or discarding said product; provided further, that any covered electronic
505	505	472product so imported shall not be eligible for reimbursement under the provisions of this chapter.
506	506	473 Section 15. The department shall be charged with the enforcement of sections 1 to 14,
507	507	474inclusive. If any person refuses to obey a decision of the department the attorney general shall,
508	508	475upon request of the department, file a petition for the enforcement of such decision in the
509	509	476superior court for Suffolk County or for the county in which the defendant resides or has a place
510	510	477of business. After hearing, the court shall order the enforcement
511	511	478 of such decision or any part thereof, if legally and properly made by the department.
512	512	479 Section 16. The department may participate in the establishment of a regional multistate
513	513	480organization or compact to assist in carrying out the requirements of this chapter.
514	514	481 Section 17. (a) There shall be in the Department an advisory commission, chaired by the
515	515	482Commissioner of the Department or his designee, for electronic waste. The commission shall
516	516	483include the Senate chair of the Joint Committee on Environment, Natural Resources, and
517	517	484Agriculture or his designee, the House chair of the Joint Committee on Environment, Natural 24 of 25
518	518	485Resources, and Agriculture or his designee. The advisory commission shall also include the
519	519	486following individuals to be appointed by the Secretary of Energy and Environmental Affairs: one
520	520	487individual representing covered television product manufacturers, one individual representing
521	521	488processors of covered electronic products, one individual representing a trade association of
522	522	489covered computer product manufacturers or covered television product manufacturers , one
523	523	490individual representing covered computer manufacturers, one individual representing retailers of
524	524	491covered electronic products, one representative of the Massachusetts Municipal Association, one
525	525	492representative of the Massachusetts Product Stewardship Council, and one individual
526	526	493representing a statewide conservation organization.
527	527	494 (b) Appointments to the advisory commission shall be made not later than 30 days after
528	528	495the effective date of this statute. If a vacancy occurs on the commission, the vacancy shall be
529	529	496filled within 30 days.
530	530	497 (c) Said advisory commission shall have the following duties: (1) It shall advise the
531	531	498Department on policy and program development under this section, specifically regarding
532	532	499performance standards; (2) It shall review the registration and renewal fees for producers,
533	533	500collectors and processors, and shall make recommendations to the commissioner relative thereto;
534	534	501and (3) It shall make recommendations to the Joint Committee on Environment, Natural
535	535	502Resources, and Agriculture on recommendations of amending the definition of electronic product
536	536	503under this statute to cover other electronic products, including but not limited to medical
537	537	504equipment.
538	538	505 (d) The advisory commission shall meet at least four times a year and shall convene
539	539	506special meetings at the call of the Commissioner. A written record of all meetings of the 25 of 25
540	540	507committee shall be maintained by the Department. Members of the commission shall serve
541	541	508without compensation. The members of the commission representing the Department or the
542	542	509General Court shall serve without additional compensation.
543	543	510 SECTION 2. Notwithstanding any general or special law to the contrary and unless
544	544	511otherwise specified herein, this act shall take effect January 1, 2025.