AMEND RECYCLING RQMTS. FOR COMPUTERS & TVS.

View NCGA Bill Details2019-2020 Session
House Bill 789 (Public) Filed Tuesday, April 16, 2019
AN ACT TO AMEND THE RECYCLING REQUIREMENTS FOR COMPUTERS AND TELEVISIONS TO: (I) REQUIRE TELEVISION MANUFACTURERS TO RECYCLE TELEVISIONS WITH CATHODE RAY TUBES (CRT) ONLY, (II) LIMIT TELEVISION AND COMPUTER MANUFACTURERS' OBLIGATIONS TO RECYCLE THEIR DISCARDED DEVICES TO ONLY THOSE COUNTIES THAT "OPT IN" BY NOTIFYING THE DEPARTMENT OF ENVIRONMENTAL QUALITY ANNUALLY THAT THE COUNTY DESIRES TO HAVE COMPUTER EQUIPMENT AND TELEVISION MANUFACTURERS FULFILL THE MANUFACTURERS' RECYCLING OBLIGATIONS IN THEIR COUNTIES, AND (III) SUNSET TELEVISION MANUFACTURERS' OBLIGATION TO RECYCLE TELEVISIONS ONCE THE DEPARTMENT OF ENVIRONMENTAL QUALITY HAS DETERMINED THAT THE CALCULATED TOTAL FOR CRT TVS IN THE RECYCLING STREAM IS LESS THAN FOUR MILLION POUNDS FOR THE PREVIOUS YEAR.
Intro. by K. Hall, Saine, Strickland, Jones.

Status: Ref to the Com on Environment, if favorable, Rules, Calendar, and Operations of the House (House action) (Apr 18 2019)
H 789

Bill Summaries:

  • Summary date: Apr 16 2019 - More information

    Amends GS 130A-309.131 to define CRT TV to mean any television with a viewable screen of 9 inches or larger whose display technology is based on a cathode ray tube marketed and intended for use by a consumer primarily for personal purposes; excludes computer equipment. Modifies covered device to include CRT TVs (was, televisions) used by consumers primarily for personal or home business use. Makes conforming changes to refer to a CRT TV rather than television throughout Part 2H. Discarded Computer Equipment and Television Management, Article 9, except as provided. Defines opt-in county to mean a county for which a unit of local government has provided the required notice to the Department of Environmental Quality (Department) pursuant to GS 130A-309.137(d1), as enacted.

    Enacts GS 130A-309.137(d1) to authorize a unit of local government in a county to request designation by the Department as an opt-in county by annually notifying the Department on or before December 31 that the county desires to have computer equipment manufacturers fulfill the requirements of GS 130A-309.134 in the county if the county qualifies, and the county desires to have television manufacturers fulfill the requirements of GS 130A-309.135 in the county if the county qualifies. Provides that submission of required documentation for grants from the Electronics Management Fund (Fund) constitutes notice of a request to be designated as an opt-in county. Makes clarifying changes. Amends the authorized use of monies in the Fund to now restrict use to the implementation of provisions concerning discarded computer equipment and televisions in the opt-in counties. 

    Amends GS 130A-309.134, which sets forth requirements for computer equipment manufacturers. Modifies the recycling plans set forth to concern computer equipment discarded by consumers in the opt-in counties rather than the State.

    Amends GS 130A-309.135 to establish that the obligation to recycle CRT TVs (rather than televisions) must be allocated to each television manufacturer based on the television manufacturer's market share and the Department's calculation of the total weight of CRT TVs recycled during the previous year in opt-in counties (previously, did not include weight calculations). Requires the television manufacturer to annually recycle or arrange for the recycling of CRT TVs in the opt-in counties based on its market share of televisions pursuant to the provision (previously, market share of televisions). Adds a new requirement for television manufacturers to recycle at least 75 percent of its CRT TV recycling obligation with CRT TVs, with the balance of a manufacturer's recycling obligation fulfilled by recycling televisions manufactured with other technologies. Provides for joint CRT TV recycling plans. Clarifies that the annual reporting requirement of television manufacturers includes the total weight of CRT TVs and televisions not using CRT technology that the manufacturer collected and recycled in the state during the previous fiscal year. 

    Amends GS 130A-309.136, concerning requirements applicable to retailers, to refer to computer equipment and televisions rather than covered devices in subsection (b), thereby limiting the requirements of retailers regarding manufacturer branding and confirming manufacturer registration before selling or offering for sale new computer equipment and televisions. Similarly, limits retailer immunity under subsection (c) regarding manufacturer registration expiration or revocation to retailer possession of computer equipment or televisions rather than a covered device within six months of the expiration or registration. 

    Makes conforming changes to GS 130A-309.138 to require the Department to determine each television manufacturer's recovery responsibilities for CRT TVs based on market share (previously also required to calculate the generation of discarded televisions).  

    Directs the Environmental Review Commission (Commission) to study the State's recycling requirements for discarded computer equipment and televisions. Specifies five considerations the Department must address, including the changing waste stream and opportunities for more efficient and effective recycling streams. Requires the Commission to report to the NCGA 2021 Regular Session upon its convening. 

    Directs the Department to annually calculate the total CRT TVs in the recycling stream for the previous year, using data reported under GS 130A-309.135(g), as amended, and report to the NCGA on or before December 31.

    Requires the Department to report to the NCGA and notify the Revisor of Statutes when the Department determines that the calculated total for CRT TVs in the recycling stream is less than four million pounds for the previous year, at which time GS 130A-309.135 (Requirements for television manufacturers) is repealed. Directs the Revisor to identify all changes necessary to delete all references to televisions and CRT TVs and any obligations of manufacturers associated with their recycling under Part 2H. Requires the Revisor to report the necessary changes pursuant to the directive to the General Statutes Commission. 


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