Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S653 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 2541 FILED ON: 1/17/2025
3	3	SENATE . . . . . . . . . . . . . . No. 653
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jacob R. Oliveira
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 :Jacob R. OliveiraHampden, Hampshire and WorcesterSteven Owens29th Middlesex1/27/2025 1 of 25
17	17	SENATE DOCKET, NO. 2541 FILED ON: 1/17/2025
18	18	SENATE . . . . . . . . . . . . . . No. 653
19	19	By Mr. Oliveira, a petition (accompanied by bill, Senate, No. 653) of Jacob R. Oliveira and
20	20	Steven Owens for legislation to require producer responsibility for the collection, reuse and
21	21	recycling of discarded electronic products. Environment and Natural Resources.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE SENATE, NO. 554 OF 2023-2024.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act to require producer responsibility for collection, reuse and recycling of discarded
30	30	electronic products.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. The General Laws are hereby amended by inserting after chapter 21O the
34	34	2following chapter:-
35	35	3 CHAPTER 21P.
36	36	4 RECYCLING OF DISCARDED ELECTRONIC PRODUCTS.
37	37	5 Section 1. As used in this chapter the following words shall, unless the context clearly
38	38	6requires otherwise, have the following meanings:
39	39	7 "Additionally covered electronic product", any of the following electronic products taken
40	40	8out of service from a person in this State regardless of purchase location: printers; stand-alone 2 of 25
41	41	9facsimile machine; video game console, video cassette recorder/player, digital video disk player,
42	42	10or similar video device; zip drive, external hard drive, or similar storage device; or scanner. To
43	43	11the extent allowed under federal and state laws and regulations, an additionally covered eligible
44	44	12electronic product that is being collected, recycled, or processed for reuse is not considered to be
45	45	13hazardous waste, household waste, solid waste, or special waste. The term does not include a
46	46	14covered television product or a covered computer product.
47	47	15 “Collection”, the aggregation of covered electronic products from households,
48	48	16municipalities, the Commonwealth and any other political subdivision, and schools, including
49	49	17the accumulation of covered electronic products at handling facilities, transfer stations, and solid
50	50	18waste facilities, including all the activities up to the time the covered electronic products are
51	51	19collected by a processor.
52	52	20 “Collector”, a person accepting covered electronic products from households,
53	53	21municipalities, the Commonwealth and any other political subdivision, small businesses and
54	54	22schools.
55	55	23 “Collector reimbursement”, the minimum per pound rate, as established by the
56	56	24department, paid by a producer to a collector for all covered electronic products collected.
57	57	25 “Computer”, an electronic, magnetic, optical, electrochemical, or other high speed data
58	58	26processing device performing logical, arithmetic, or storage functions, including a laptop or a
59	59	27combined computer central processing unit and monitor; provided, however, that an automated
60	60	28typewriter or typesetter, a portable handheld calculator, a portable digital assistant, or other
61	61	29similar device shall not be considered a computer. 3 of 25
62	62	30 “Covered computer product”, a desktop or notebook computer, netbook, or computer
63	63	31monitor, and printers, marketed and intended for use by a person, but does not include a covered
64	64	32television device.
65	65	33 “Covered Entity”, any Massachusetts household, business that employs 10 or fewer
66	66	34individuals, nonprofit organization that employs 10 or fewer individuals, school, or any person
67	67	35giving seven of fewer covered electronic devices to a collector at any one time.
68	68	36 "Covered electronic device" or “CED”, any computer, computer monitor, television,
69	69	37printer, electronic keyboard, facsimile machine, videocassette recorder, portable digital music
70	70	38player that has memory capability and is battery powered, digital video disc player, video game
71	71	39console, electronic mouse, scanner, digital converter box, cable receiver, satellite receiver, digital
72	72	40video disc recorder, keyboard, computer mouse, device sold for external use with a CED, or
73	73	41small-scale server sold at retail and taken out of service from a residence in this State. CEDs do
74	74	42not include any of the following:
75	75	43 (i) A covered electronic product that is a part of a motor vehicle or any component part of
76	76	44a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including
77	77	45replacement parts for use in a motor vehicle.
78	78	46 (ii) A covered electronic product that is functionally or physically a part of, or connected
79	79	47to, or integrated within equipment or a system designed and intended for use in an industrial,
80	80	48governmental, commercial, research and development, or medical setting, including but not
81	81	49limited to diagnostic, monitoring, control or medical products (as defined under the Federal
82	82	50Food, Drug, and Cosmetic Act), or equipment used for security, sensing, monitoring, anti- 4 of 25
83	83	51terrorism, emergency services purposes or equipment designed and intended primarily for use by
84	84	52professional users.
85	85	53 (iii) A covered electronic product that is contained within a clothes washer, clothes dryer,
86	86	54refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher,
87	87	55room air conditioner, dehumidifier, air purifier, or exercise equipment.
88	88	56 (iv) Telephones of any type, including mobile phones.
89	89	57 (v) A personal digital assistant (PDA).
90	90	58 (vi) Global positioning systems (GPS).
91	91	59 “Covered Television Product”, any electronic product that contains a tuner that locks on
92	92	60to a selected carrier frequency and is capable of receiving and displaying television or video
93	93	61programming via broadcast, cable, or satellite, including, without limitation, any direct view or
94	94	62projection television with a viewable screen of 9 inches or larger whose display technology is
95	95	63based on cathode ray tube (CRT), plasma, liquid crystal (LCD), digital light processing (DLP),
96	96	64liquid crystal on silicon (LCOS), silicon crystal reflective display (SXRD), light emitting diode
97	97	65(LED), or similar technology marketed and intended for use by a person primarily for personal
98	98	66purposes. The term does not include a covered computer product or an additionally covered
99	99	67electronic product.
100	100	68 “Department”, the department of environmental protection.
101	101	69 “Desktop computer”, an electronic, magnetic, optical, electrochemical, or other high-
102	102	70speed data processing device performing logical, arithmetic, and storage functions for general
103	103	71purpose needs which are met through interaction with a number of software programs contained 5 of 25
104	104	72therein, which is not designed to exclusively perform a specific type of limited or specialized
105	105	73application. Human interface with a desktop computer is achieved through a standalone
106	106	74keyboard, stand-alone monitor or other display unit, and a stand-alone mouse or other pointing
107	107	75device, and is designed for a single user. A desktop computer has a main unit that is intended to
108	108	76be persistently located in a single location, often on a desk or on the floor.
109	109	77 “Market share”, a television producer’s national sales of televisions expressed as a
110	110	78percentage of the total of all television producers’ national sales based on the best available
111	111	79public data.
112	112	80 “Monitor”, a video display device without a tuner that can display pictures and sound and
113	113	81is used with a computer.
114	114	82 “Netbook”, an electronic, magnetic, optical, electrochemical, or other high-speed data
115	115	83processing device performing logical, arithmetic, or storage functions for general purpose needs
116	116	84which are met through interaction with a number of software programs contained therein, which
117	117	85is not designed to exclusively perform a specific type of limited or specialized application.
118	118	86Human interface with a netbook is achieved through a keyboard, video display greater than 4" in
119	119	87size, and mouse or other pointing device, all of which are contained within the construction of
120	120	88the unit which comprises the netbook, and can be carried as one unit by an individual. Netbook
121	121	89can use external, internal, or batteries for a power source. Netbook does not include a portable
122	122	90handheld calculator, or a portable digital assistant or similar specialized device.
123	123	91 “Notebook computer”, an electronic, magnetic, optical, electrochemical, or other high-
124	124	92speed data processing device performing logical, arithmetic, or storage functions for general
125	125	93purpose needs which are met through interaction with a number of software programs contained 6 of 25
126	126	94therein, which is not designed to exclusively perform a specific type of limited or specialized
127	127	95application. Human interface with a notebook computer is achieved through a keyboard, video
128	128	96display greater than 4" in size, and mouse or other pointing device, all of which are contained
129	129	97within the construction of the unit which comprises the notebook computer, and can be carried as
130	130	98one unit by an individual. Supplemental standalone interface devices typically can also be
131	131	99attached to the notebook computer. Notebook computers can use external, internal, or batteries
132	132	100for a power source. Notebook computer does not include a portable handheld calculator, or a
133	133	101portable digital assistant or similar specialized device. A notebook computer is sometimes
134	134	102referred to as a laptop computer.
135	135	103 “Orphan waste”, a covered electronic product, the producer of which cannot be identified
136	136	104or is no longer in business and has no successor in interest.
137	137	105 “Person”, a natural person, corporation, association, partnership, government body or
138	138	106other legal entity.
139	139	107 “Printer”, desktop printers, multifunction printer copiers, and printer/fax combinations
140	140	108taken out of service from a person that are designed to reside on a work surface, and include
141	141	109various print technologies, including without limitation laser and LED (electrographic), ink jet,
142	142	110dot matrix, thermal, and digital sublimation, and "multi-function" or "all-in-one" devices that
143	143	111perform different tasks, including without limitation copying, scanning, faxing, and printing.
144	144	112Printers do not include floor-standing printers, printers with optional floor stand, point of sale
145	145	113(POS) receipt printers, household printers such as a calculator with printing capabilities or label
146	146	114makers, or non-stand-alone printers that are embedded into products that are not CEDs. 7 of 25
147	147	115 “Processor”, a person registered with the department to receive electronic products from
148	148	116collectors for the purpose of sorting, weighing and reusing or recycling or shipping offsite for
149	149	117reuse or recycling in accordance with minimum performance requirements established by the
150	150	118department.
151	151	119 “Processor reimbursement”, the minimum per pound rate, as established by the
152	152	120department, paid by a producer to a processor for the producer’s covered electronic products and
153	153	121the producer’s share of orphan waste as determined by the department.
154	154	122 “Producer”, any person who: (a) has a physical presence and legal assets in the United
155	155	123States of America and (1) manufactures or manufactured a covered electronic product under its
156	156	124own brand or label; (2) sells or sold under its own brand or label a covered electronic product
157	157	125produced by other suppliers; or (3) owns a brand that it licenses or licensed to another person for
158	158	126use on a covered electronic product; or (b) imports or imported a covered electronic product into
159	159	127the United States that was manufactured by a person without a presence in the United States of
160	160	128America; (c) sells at retail a covered electronic product acquired from an importer that is the
161	161	129manufacturer as described in subsection (b) and elects to register in lieu of the importer; or (d)
162	162	130assumes the responsibilities and obligations of a producer under this Act.
163	163	131 “Producer Responsibility Organization”, a nonprofit organization designated by a
164	164	132manufacturer or group of manufacturers to act as an agent of the manufacturer or group of
165	165	133manufacturers for the purpose of developing and implementing an electronics producer
166	166	134responsibility program on behalf of the manufacturer or group of manufacturers.
167	167	135 “Program year”, a full calendar year beginning on or after January 1, 2025. 8 of 25
168	168	136 “Recycling”, to recover materials or by-products which are: (a) reused; (b) used as an
169	169	137ingredient or a feedstock in an industrial or manufacturing process to make a marketable product;
170	170	138or (c) used in a particular function or application as an effective substitute for a commercial
171	171	139product or commodity; provided, however, that recycle shall not mean to recover energy from
172	172	140the combustion of a material.
173	173	141 “Retailer”, shall include, but shall not be limited to, a person or a producer that sells new
174	174	142covered electronic products directly to a person through any means including, without limitation,
175	175	143transactions conducted through sales outlets and catalogs, but not including wholesale
176	176	144transactions with a distributor or other retailer.
177	177	145 “Return share”, a percentage of covered electronic products other than televisions
178	178	146collected through processors as calculated by dividing the total weight of covered electronic
179	179	147products other than televisions of that producer’s brands by the total weight of covered electronic
180	180	148products other than televisions for all producers’ non-orphaned brands.
181	181	149 “Reuse”, any operation by which an electronic product or component of an electronic
182	182	150product changes ownership but retains its form and function and is used for the same purpose for
183	183	151which it was originally purchased.
184	184	152 “Sale” or “sell”, any transfer for valuable consideration of title including, but not limited
185	185	153to, transactions conducted through sales outlets, or through catalogs, and excluding commercial
186	186	154financing or leasing.
187	187	155 “Television”, any telecommunication system device that can broadcast or receive moving
188	188	156pictures and sound over a distance and includes a television tuner or a display device peripheral
189	189	157to a computer that contains a television tuner. 9 of 25
190	190	158 Section 2. No person shall engage in business as a producer unless he is registered with
191	191	159the department pursuant to section 3.
192	192	160 Section 3. (a) Every producer seeking to engage in business in the commonwealth shall
193	193	161file an application, accompanied by the producer registration fee, with the department requesting
194	194	162registration as a producer. Said application shall be made on a form to be furnished by the
195	195	163department, and shall include, without limitation, the following information: (1) the name and
196	196	164contact information of the applicant; (2) the applicant's brand names of covered electronic
197	197	165products, including all brand names sold in the commonwealth in the past, all brand names
198	198	166currently being sold in the commonwealth, and all brand names for which the applicant is legally
199	199	167responsible; (3) the method or methods of sale used in the commonwealth; (4) a baseline or a set
200	200	168of baselines that describe any efforts to design covered electronic products for reuse or recycling
201	201	169and goals and plans for further increasing design for reuse and recycling; and (5) a description of
202	202	170any collection, consolidation or processing services utilized to recover, reuse, or recycle the
203	203	171applicant's products. The department shall, within 60 days, review the application for
204	204	172registration. If said application satisfies the requirements of this section, the department shall
205	205	173register said applicant as a producer and shall forthwith mail to him a certificate to that effect. If
206	206	174said application fails to satisfy the requirements of this section the producer shall, within 30
207	207	175days, file with the department a revised application addressing the requirements noted by the
208	208	176department.
209	209	177 (b) The department may keep information submitted pursuant to this section confidential
210	210	178as provided by section 10 of chapter 66 of the General Laws. The department will publish on its
211	211	179website the following information: (1) the name and contact information of the producer
212	212	180submitting the application and (2) the producer's brand names of covered electronic products. 10 of 25
213	213	181 Section 4. (a) Registered producers shall register with the department for a specified
214	214	182registration period. Such applications shall be submitted to the department by the date specified
215	215	183by the department together with a renewal fee as shall be established by the department. After
216	216	184verification of the facts stated on the application, the department shall issue a registration. Any
217	217	185holder of a registration who fails to file a renewal application within 60 days after notification by
218	218	186the department that his registration has expired shall, prior to engaging in business as a producer
219	219	187within the commonwealth, be required to register anew and pay a late fee in addition to said
220	220	188renewal fee.
221	221	189 (b) The department shall use twelve months as a specified registration period for the first
222	222	190three registration periods. After three registration periods, the department may allow producers to
223	223	191register for a period not to exceed thirty-six months.
224	224	192 Section 5. (a) Producers of electronic products shall reimburse collectors for their share
225	225	193of product received at the processor.
226	226	194 (b) A producer who has sold or who sells covered electronic products other than
227	227	195televisions in the commonwealth shall bear the financial responsibility for the collection,
228	228	196transportation, and reuse or recycling of said covered electronic products received by processors,
229	229	197including their return share of orphan waste as determined by the department.
230	230	198 (c) A producer of televisions shall have the financial responsibility for the collection,
231	231	199transportation and reuse or recycling of televisions discarded in the commonwealth, based on the
232	232	200television manufacturer’s market share.
233	233	201 (d) A producer may also collect its covered electronic products for reuse or recycling by
234	234	202establishing a collection program, either individually or in cooperation with other producers, to 11 of 25
235	235	203collect these discarded products as established in this chapter. A producer establishing an
236	236	204independent collection program for reuse or recycling either individually or in cooperation with
237	237	205other producers shall recover 1 or more electronic products. A producer establishing an
238	238	206independent recycling program either individually or in cooperation with other producers shall
239	239	207meet either of the following criteria to be able to continue the program. In order for an
240	240	208independent recycling program to maintain good standing with the department, the program must
241	241	209either of the following:
242	242	210 (i) A program must provide collection services for covered electronic products of all
243	243	211product types and produced by any manufacturer that are reasonably convenient and available to
244	244	212all citizens of the state residing within its geographic boundaries, including both rural and urban
245	245	213areas. Each program must provide collection service in every county of the state. A program may
246	246	214provide collection services jointly with another plan or plans.
247	247	215 (a) For any city or town with a population of greater than ten thousand, each program
248	248	216shall provide a minimum of one collection site or alternate collection service described in
249	249	217subsection (3) of this section or a combination of sites and alternate service that together provide
250	250	218at least one collection opportunity for all product types. A collection site for a county may be the
251	251	219same as a collection site for a city or town in the county.
252	252	220 (b) Collection sites may include electronics recyclers and repair shops, recyclers of other
253	253	221commodities, reuse organizations, charities, retailers, government recycling sites, or other
254	254	222suitable locations.
255	255	223 (c) Collection sites must be staffed, open to the public at a frequency adequate to meet
256	256	224the needs of the area being served, and on an ongoing basis. 12 of 25
257	257	225 (2) A program may limit the number of covered electronic products or covered electronic
258	258	226products by product type accepted per customer per day or per delivery at a collection site or
259	259	227service. All covered entities may use a collection site as long as the covered entities adhere to
260	260	228any restrictions established in the plans.
261	261	229 (3) A program may provide collection services in forms different than collection sites,
262	262	230such as curbside services, if those alternate services provide equal or better convenience to
263	263	231citizens and equal or increased recovery of unwanted covered electronic products.
264	264	232 (4) For rural areas without commercial centers or areas with widely dispersed population,
265	265	233a program may provide collection at the nearest commercial centers or solid waste sites,
266	266	234collection events, mail-back systems, or a combination of these options.
267	267	235 (5) For small businesses, small governments, charities, and school districts that may have
268	268	236large quantities of covered electronic products that cannot be handled at collection sites or
269	269	237curbside services, a program may provide alternate services. At a minimum, a program must
270	270	238provide for processing of these large quantities of covered electronic products at no charge to the
271	271	239small businesses, small governments, charities, and school districts.
272	272	240 The department shall provide a report no later than December 31, 2021, to the Joint
273	273	241Committee on Environment, Natural Resources, and Agriculture and the House and Senate
274	274	242Committees on Ways and Means on independent collection programs. This report shall include,
275	275	243but not be limited to, the effectiveness of the independent collection program requirements,
276	276	244independent collection program compliance, and collection rates of independent programs.
277	277	245 A producer establishing an independent recycling program either individually or in
278	278	246cooperation with other producers will register as a collector pursuant to section 7 of this chapter 13 of 25
279	279	247or a processor pursuant to section 10 of this chapter; however, an additional registration fee will
280	280	248not be required.
281	281	249 A producer establishing an independent recycling program either individually or
282	282	250incorporation with other producers shall provide the following information to the department:
283	283	251 (a) Contact information for the responsible party and a comprehensive list of all
284	284	252manufacturers participating in the plan and their contact information;
285	285	253 (b) A description of the collection, transportation, and recycling systems and service
286	286	254providers used, including a description of how the PRO or responsible party will:
287	287	255 (i) Seek to use businesses within the state, including retailers, charities, processors, and
288	288	256collection and transportation services;
289	289	257 (ii) Fairly compensate collectors for providing collection services; and
290	290	258 (iii) Fairly compensate processors for providing processing services;
291	291	259 (c) The method or methods for the reasonably convenient collection of all product types
292	292	260of covered electronic products in rural and urban areas throughout the state, including how the
293	293	261plan will provide for collection services in each county of the state and for a minimum of one
294	294	262collection site or alternate collection service for each city or town with a population greater than
295	295	263ten thousand. A collection site for a county may be the same as a collection site for a city or town
296	296	264in the county;
297	297	265 (d) A description of how the plan will provide service to small businesses, small
298	298	266governments, charities, and school districts in the state; 14 of 25
299	299	267 (e) The processes and methods used to recycle covered electronic products including a
300	300	268description of the processing that will be used and the facility location;
301	301	269 (f) Documentation of audits of each processor used in the plan and compliance with
302	302	270processing standards established under [appropriate state law];
303	303	271 (g) A description of the accounting and reporting systems that will be employed to track
304	304	272progress toward the plan's equivalent share;
305	305	273 (h) A timeline describing start-up, implementation, and progress towards milestones with
306	306	274anticipated results;
307	307	275 (i) A public information campaign to inform consumers about how to recycle their
308	308	276covered electronic products at the end of the product's life; and
309	309	277 (j) A description of how manufacturers participating in the plan will communicate and
310	310	278work with processors utilized by that plan to promote and encourage design of electronic
311	311	279products and their components for recycling. The plan shall address how it will incorporate and
312	312	280fairly compensate registered collectors providing curbside or premium services such that they are
313	313	281not compensated at a lower rate for collection costs than the compensation offered other
314	314	282collectors providing drop-off collection sites in that geographic area.
315	315	283 All transporters, collectors, and processors used to fulfill the requirements of this section
316	316	284must be registered as described in this law.
317	317	285 A producer establishing an independent collection program shall submit an annual report
318	318	286to the department that includes at a minimum the following information for the previous program
319	319	287year as well as any additional information required by the department: 15 of 25
320	320	288 (1) distinguishing the total weight of each type of covered electronic product collected for
321	321	289recycling;
322	322	290 (2) detailing the total number of items by each type of covered electronic product
323	323	291collected for reuse or refurbishment;
324	324	292 (3) a description of the plan’s education, outreach, or other marketing efforts to promote
325	325	293collection of covered electronic products;
326	326	294 (4) a description of management practices to transport and recycle discarded covered
327	327	295electronic products; and
328	328	296 (5) any additional information deemed necessary by the department.
329	329	297 The department shall review each report within ninety days of its submission and shall
330	330	298notify the PRO or responsible party of any need for additional information or documentation, or
331	331	299any deficiency in its program. All reports submitted to the department must be available to the
332	332	300general public through the internet. Proprietary information submitted to the department under
333	333	301this chapter is exempt from public disclosure
334	334	302 A producer establishing an independent collection program for reuse or recycling either
335	335	303individually or in cooperation with other producers shall weigh the covered electronic products
336	336	304collected and shall annually submit a statement certifying to the department the total weight of
337	337	305electronic products received and the weight of orphan waste received in the preceding program
338	338	306year.
339	339	307 The department, in determining the producer’s return share, shall take into account
340	340	308electronic products voluntarily collected by the producer. 16 of 25
341	341	309 A producer establishing an independent collection program for reuse or recycling either
342	342	310individually or in cooperation with other producers shall not charge a fee for collecting,
343	343	311transporting or recycling electronic products.
344	344	312 Section 6. No person shall engage in business as a collector unless he is registered with
345	345	313the department pursuant to section 7.
346	346	314 Section 7. (a) Every collector seeking to engage in business in the commonwealth shall
347	347	315 file an application, accompanied by the collector registration fee, with the department
348	348	316requesting registration as a collector. Said application shall be made on a form to be furnished by
349	349	317the department, and shall include, without limitation, the following information: (1) the name;
350	350	318(2) the address; (3) the telephone number; and (4) the location of the business. The department
351	351	319shall, within 60 days, review the application for registration. If said application satisfies the
352	352	320requirements of this section, the department shall register said applicant as a collector and shall
353	353	321forthwith mail to him a certificate to that effect. If said application fails to satisfy the
354	354	322requirements of this section the collector shall, within 30 days, file with the department a revised
355	355	323application addressing the requirements noted by the department.
356	356	324 (b) If a municipality applies to be a collector under this statute, the statute will apply to
357	357	325them except no registration or renewal fee will be required. Likewise no registration or renewal
358	358	326fee will be required from collectors who send units primarily to reuse rather than recycling.
359	359	327 (c) A collector shall: (1) contract with a registered processor or processors to receive the
360	360	328covered electronic products collected by the collector; (2) make information available to the
361	361	329public that describes where and how to return covered electronic products for reuse or recycling,
362	362	330and dispose of covered electronic products; (3) accept all covered electronic products and ensure 17 of 25
363	363	331that said products are transported by or delivered to a registered processor; and (4) demonstrate
364	364	332compliance with the department rules and regulations and the United States Environmental
365	365	333Protection Agency’s Responsible Recycling Guidelines for Materials Management as issued and
366	366	334available on the United States Environmental Protection Agency’s Internet website in addition to
367	367	335any other requirements mandated by federal or state law. A collector may limit the number of
368	368	336covered electronic products delivered at a given time by any customer to no more than 5.
369	369	337 (d) A collector shall not: (1) charge a fee to persons for the collection or recycling of
370	370	338covered electronic products; or (2) knowingly accept covered electronic products imported into
371	371	339the commonwealth for the purpose of recycling or discard.
372	372	340 (e) Only an entity registered as a collector with the department may act as a collector in a
373	373	341plan. All covered electronic products received by a registered collector must be submitted to a
374	374	342plan. Fully functioning computers that are received by a registered collector in working order
375	375	343may be sold or donated as whole products by the collector for reuse. Computers that require
376	376	344repair to make them a fully functioning unit may only be repaired on-site at the collector’s place
377	377	345of business by the registered collector for reuse according to its original purpose.
378	378	346 (f) Registered collectors may use whole parts amassed from collected computers or new
379	379	347parts for making repairs as long as there is a part-for-part exchange with nonfunctioning
380	380	348computers submitted to a plan.
381	381	349 (g) Registered collectors may not include computers that are dispersed for reuse in the
382	382	350weight totals for compensation by the plan.
383	383	351 (h) Registered collectors must maintain a record of computers sold or donated by the
384	384	352collector for a period of three years. 18 of 25
385	385	353 (i) Registered collectors must display a notice at the point of collection that computers
386	386	354received by the collector may be repaired and sold or donated as a fully functioning computer
387	387	355rather than submitted to a processor for recycling
388	388	356 (j) The department may conduct site visits of all registered collectors that reuse or
389	389	357refurbish computers and who have an agreement with the department, collector, or producer to
390	390	358provide collection services. The department may, for cause, review records and conduct
391	391	359investigations regarding a violation of this section, including but not limited to Section 14 (d) or
392	392	360(e).
393	393	361 Section 8. Collectors shall register with the department every 3 years. Such applications
394	394	362shall be submitted to the department by the date specified by the department together with a
395	395	363renewal fee as shall be established by the department. After verification of the facts stated on the
396	396	364application, the department shall issue a registration, which shall expire in 3 years. Any holder of
397	397	365a registration who fails to file a renewal application within 60 days after notification by the
398	398	366department that his registration has expired shall, prior to engaging in business as a collector
399	399	367within the commonwealth, be required to register anew and pay a late fee in addition to said
400	400	368renewal fee.
401	401	369 Section 9. No person shall engage in business as a processor unless he is registered with
402	402	370the department pursuant to section 10.
403	403	371 Section 10. (a) Every processor seeking to engage in business in the commonwealth shall
404	404	372file an application, accompanied by appropriate processor registration fee, with the department
405	405	373requesting registration as a processor. Said application shall be made on a form to be furnished
406	406	374by the department, and shall include, without limitation, the following information: (1) the name; 19 of 25
407	407	375(2) the address; (3) the telephone number; and (4) the location of the business of the processor’s
408	408	376business. The department shall, within 60 days, review the application for registration. If said
409	409	377application satisfies the requirements of this section, the department shall register said applicant
410	410	378as a processor and shall forthwith mail to him a certificate to that effect. If said application fails
411	411	379to satisfy the requirements of this section the processor shall, within 30 days, file with the
412	412	380department a revised application addressing the requirements noted by the department.
413	413	381 (b) A processor shall: (1) be responsible for sorting all covered electronic products
414	414	382received from a participating collector with whom the processor has a contract; (2) weigh the
415	415	383total amount of covered electronic products received from a participating collector and reimburse
416	416	384said collector; provided, however, that said collector reimbursement shall be due within 30 days
417	417	385of pick-up; (3) sort, by producer, and weigh all covered electronic products other than televisions
418	418	386received from collectors; (4) weigh all televisions received from collectors; (5) either repair,
419	419	387refurbish, remanufacture, or recycle on-site or ship covered electronic products offsite for reuse
420	420	388or recycling in accordance with the minimum performance requirements established by the
421	421	389department; (6) be certified to “e-Stewards Standard for Responsible Recycling and Reuse of
422	422	390Electronics,” the U.S. Environmental Protection Agency’s “Responsible Recycling” (R2)
423	423	391Standard, or other environmental performance and accountability certification standards as
424	424	392determined to be at least equivalent to e-Stewards or R2 by the department; (7) submit an invoice
425	425	393for producer reimbursement to each producers whose waste the processor has handled; and (8)
426	426	394annually submit a report to the department which shall include without limitation: (i) the total
427	427	395aggregate weight of covered electronic products processed pursuant to this chapter in the
428	428	396previous program year; (ii) the weight, differentiated by producer, of covered electronic products
429	429	397processed pursuant to this chapter in the previous program year; (iii) the total amount of orphan 20 of 25
430	430	398waste processed pursuant to this chapter in the previous program year; and (iv) any other
431	431	399information to help track, monitor and evaluate the management of covered electronic products,
432	432	400as determined by the department.
433	433	401 (c) A processor shall not charge a fee for accepting, sorting, weighing, processing for
434	434	402reuse or recycling a covered electronic product for which the processor receives compensation
435	435	403under the provisions of this section.
436	436	404 Section 11. Processors shall register with the department every 3 years. Such application
437	437	405shall be submitted to the department by the date specified by the department together with a
438	438	406renewal fee as shall be established by the department. After verification of the facts stated on the
439	439	407application, the department shall issue a registration, which shall expire in 3 years. Any holder of
440	440	408a registration who fails to file a renewal application within 60 days after notification by the
441	441	409department that his registration has expired shall, prior to engaging in business as a processor
442	442	410within the commonwealth, be required to register anew and pay a late fee in addition to said
443	443	411renewal fee.
444	444	412 Section 12. The fee for a collector registration, a processor registration and a producer
445	445	413registration, or for any annual renewal thereof, shall be determined every three years by the
446	446	414department, but in no case shall any registration or renewal fee exceed $5000.
447	447	415 Section 13. (a) The department shall annually: (1) determine the return share for each
448	448	416program year for each producer of electronic products other than televisions by dividing the
449	449	417weight of covered electronic products identified for each producer by the total weight of covered
450	450	418electronic products identified for all producers; provided further, that said calculation shall be
451	451	419based on the reports generated by processors of covered electronic products in the 21 of 25
452	452	420commonwealth; provided further, that for the first program year, the return share of covered
453	453	421electronic products identified for each producer shall be based on the best available public return
454	454	422share data from the United States, including data from other states, for covered electronic
455	455	423products from persons; provided further, that for the second and subsequent program years, the
456	456	424return share of covered electronic products identified for each producer shall be based on the
457	457	425previous year’s reported data as described herein; and provided further, that the department shall
458	458	426use the return share for each producer to allocate financial responsibility for orphan waste; (2)
459	459	427determine, based on each producer’s return share, each producer’s share of responsibility for the
460	460	428orphan waste collected in the commonwealth; provided, however, that each producer’s return
461	461	429share of orphan waste shall be equivalent to its percentage of return share for non-orphan
462	462	430covered electronic products, multiplied by the total amount of orphan waste collected in the
463	463	431program year; and provided further, that the department, in determining the producer’s orphan
464	464	432waste share, may take into account electronic products, including orphan waste, voluntarily
465	465	433collected by the producer; (3) determine the market share allocation for each television producer
466	466	434by determining the total weight of televisions recycled in the previous year, multiplied by the
467	467	435market share for that producer; provided, however, that in the first program year, the market
468	468	436share identified for each television producer shall be based on the best available data regarding
469	469	437the total number of televisions sold in the commonwealth for the previous calendar year; (4)
470	470	438maintain a list of producers registered pursuant to this chapter; and (5) conduct periodic audits of
471	471	439processors and collectors at a frequency determined by the department, to assure accuracy of
472	472	440reporting and billing.
473	473	441 (b) The department shall adopt and may from time to time amend rules and regulations,
474	474	442and the commissioner may issue orders, to enforce the provisions of this chapter. Said 22 of 25
475	475	443regulations shall include, but not be limited to, establishing, as a maximum number not higher
476	476	444than twelve, the number of times a year payment from producers to collectors and processors be
477	477	445made, adjudicatory procedures for denied revised applications and minimum performance
478	478	446requirements for collection and processing of covered electronic products. Any person, including
479	479	447any political subdivision of the commonwealth who violates this chapter, or any order issued
480	480	448pursuant thereto, or any rule or regulation promulgated hereunder shall be subject to a fine of not
481	481	449more than twenty-five thousand dollars for each such violation. Each day each such violation
482	482	450occurs or continues shall be deemed a separate offense. These penalties shall be in addition to
483	483	451any other penalties that may be prescribed by law.
484	484	452 (c) Beginning one year after this act takes effect and annually thereafter, the department
485	485	453shall submit a report to the House Committee on Ways and Means, the Senate Committee on
486	486	454Ways and Means, and the Joint Committee on Environment, Natural Resources and Agriculture
487	487	455that includes information regarding the previous program year. The information shall include,
488	488	456but is not limited to, (1) the total administrative cost to the state government, (2) the total
489	489	457administrative cost to local governments, (3) a description of the incentive for manufacturer
490	490	458collection, and (4) a description of the education, outreach, or other marketing efforts conducted
491	491	459by the state or local governments to promote collection of covered electronic products.
492	492	460 Section 14. (a) No person shall sell covered electronic products from producers not
493	493	461registered pursuant to this chapter. A retailer shall not be in violation of this subsection if, at the
494	494	462time of purchase from producer, the producer was not in violation of this Chapter. This
495	495	463subsection shall not apply to used electronic products that are reused. 23 of 25
496	496	464 (b) No person shall offer for sale an electronic product unless a visible, permanent label
497	497	465clearly identifying the producer of that product is affixed to said electronic product.
498	498	466 (c) All retailers shall provide information describing where and how to recycle an
499	499	467electronic product provided by the producer pursuant to this act.
500	500	468 (d) No person shall knowingly dispose of any electronic product except as provided in
501	501	469this chapter.
502	502	470 (e) No person shall import a covered electronic product into the commonwealth with the
503	503	471intent of recycling or discarding said product; provided further, that any covered electronic
504	504	472product so imported shall not be eligible for reimbursement under the provisions of this chapter.
505	505	473 Section 15. The department shall be charged with the enforcement of sections 1 to 14,
506	506	474inclusive. If any person refuses to obey a decision of the department the attorney general shall,
507	507	475upon request of the department, file a petition for the enforcement of such decision in the
508	508	476superior court for Suffolk County or for the county in which the defendant resides or has a place
509	509	477of business. After the hearing, the court shall order the enforcement of such decision or any part
510	510	478thereof, if legally and properly made by the department.
511	511	479 Section 16. The department may participate in the establishment of a regional multistate
512	512	480organization or compact to assist in carrying out the requirements of this chapter.
513	513	481 Section 17. (a) There shall be in the Department an advisory commission, chaired by the
514	514	482Commissioner of the Department or his designee, for electronic waste. The commission shall
515	515	483include the Senate chair of the Joint Committee on Environment, Natural Resources, and
516	516	484Agriculture or his designee, the House chair of the Joint Committee on Environment, Natural 24 of 25
517	517	485Resources, and Agriculture or his designee. The advisory commission shall also include the
518	518	486following individuals to be appointed by the Secretary of Energy and Environmental Affairs: one
519	519	487individual representing covered television product manufacturers, one individual representing
520	520	488processors of covered electronic products, one individual representing a trade association of
521	521	489covered computer product manufacturers or covered television product manufacturers, one
522	522	490individual representing covered computer manufacturers, one individual representing retailers of
523	523	491covered electronic products, one representative of the Massachusetts Municipal Association, one
524	524	492representative of the Massachusetts Product Stewardship Council, and one individual
525	525	493representing a statewide conservation organization.
526	526	494 (b) Appointments to the advisory commission shall be made not later than 30 days after
527	527	495the effective date of this statute. If a vacancy occurs on the commission, the vacancy shall be
528	528	496filled within 30 days.
529	529	497 (c) Said advisory commission shall have the following duties: (1) It shall advise the
530	530	498Department on policy and program development under this section, specifically regarding
531	531	499performance standards; (2) It shall review the registration and renewal fees for producers,
532	532	500collectors and processors, and shall make recommendations to the commissioner relative thereto;
533	533	501and (3) It shall make recommendations to the Joint Committee on Environment, Natural
534	534	502Resources, and Agriculture on recommendations of amending the definition of electronic product
535	535	503under this statute to cover other electronic products, including but not limited to medical
536	536	504equipment.
537	537	505 (d) The advisory commission shall meet at least four times a year and shall convene
538	538	506special meetings at the call of the Commissioner. A written record of all meetings of the 25 of 25
539	539	507committee shall be maintained by the Department. Members of the commission shall serve
540	540	508without compensation. The members of the commission representing the Department or the
541	541	509General Court shall serve without additional compensation.
542	542	510 SECTION 2. Notwithstanding any general or special law to the contrary and unless
543	543	511otherwise specified herein, this act shall take effect on January 1, 2026.