ELECTRONICS RECYCLING AMENDMENTS.

View NCGA Bill Details2019-2020 Session
House Bill 759 (Public) Filed Monday, April 15, 2019
AN ACT TO AMEND THE ELECTRONICS RECYCLING STATUTES.
Intro. by McGrady.

Status: Ref to the Com on Environment, if favorable, Rules, Calendar, and Operations of the House (House action) (Apr 16 2019)
H 759

Bill Summaries:

  • Summary date: Apr 15 2019 - More information

    Amends GS 130A-309.132 to make discarded computer equipment and television collectors, computer equipment and television recyclers, and computer equipment and television manufacturers responsible for employing environmentally sound management practices to collect, transport, store, recycle, and fulfill statutory obligations, as appropriate, relating to discarded computer equipment and televisions. Makes it the responsibility of the Department of Environmental Quality (Department) to educate citizens regarding recycling opportunities for discarded televisions.

    Amends GS 130A-309.134, which sets forth requirements for computer equipment manufacturers. Now requires the manufacturer under a Level I plan to provide proof of contract or agreement with a recycler that is certified and maintains certification in specified recycling practices and standards, and requires notification within 30 days of any change in certification status of a contracted recycler. Requires the manufacturer to include in its consumer recycling education program methods available to consumers to proactively promote recycling options for the equipment, and to establish and operate a link on the manufacturer's website to answer consumer questions about computer recycling options in the state (was, required to operate a toll free number). Eliminates the Level III recycling plan, which required a computer manufactuer to submit a recycling plan for reuse or recycling of computer equipment discarded by consumers in the state produced by the manufacturer and by other manufacturers. Specifies that the exemption from the registration fee for a computer equipment manufacturer that sells 1,000 items of computer equipment or less per year includes sales outside of the state in determining whether the manufacturer is exempt. Makes conforming changes.

    Amends GS 130A-309.135 to now similarly require a television manufacturer to provide proof of contract or agreement with a recycler that is certified and maintains certification in specified recycling practices and standards, and requires notification within 30 days of any change in certification status of a contracted recycler (previously required due diligence of contracted recyclers). Similarly, specifies that the exemption from the registration fee for a television manufacturer that sells 1,000 televisions or less per year includes sales outside of the state in determining whether the manufacturer is exempt. Adds that the requirement for a television manufacturer to annually recycle or arrange for recycling of its market share of televisions applies to televisions discarded within the state.

    Amends GS 130A-309.137 regarding the Electronics Management Fund to require local government unit plans submitted to recieve funding for a program to manage discarded computer equipment, televisions, and other electronic devices to include proof of contract or agreement with a recycler that is certified and maintains certification in specified recycling practices and standards.

    Amends GS 130A-309.142, concerning registered facilities recovering or recycling covered devices, to add a new requirement for an owner of a facility that recovers or recycles covered devices to establish financial assurance for cleanup, decontamination, and remediations of a property that has been contaminated as a result of the activities, including the removal and proper disposal of covered devices. Details methods of establishing financial assurance. Provides that the funds remain available even if the owner becomes insolvent or ceases to reside in, be incorporated, do business, or maintain assets in the state. Also requires facilities that recover or recycle covered devices to develop and submit to the Department a closure plan and detailed financial assurance cost estimates, as described, to be conducted by a third party if the owner becomes insolvent or ceases to reside in, be incorporated, do business, or maintain assets in the state. The above requirements are effective January 1, 2020. Requires such facilities to manage the materials pursuant to GS 130A-309.05(c), regarding qualification of recovered material. Directs the Department to adopt implementing rules.

    Directs the Department to study the State's recycling requirements for discarded computer equipment and televisions concerning changing waste stream and items that should be omitted or added as covered devices under the program. Requires DEQ to report to the Environmental Review Commission and the specified NCGA committee by March 1, 2020. 


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