[§339D-23]  Television manufacturerresponsibility.  (a)  Beginning January 1, 2011, a television manufacturershall recycle or arrange for the recycling of any covered television sold inthe State.

(b)  By June 1, 2010, and annually thereafter,each television manufacturer shall submit a plan to the department toestablish, conduct, and manage a program for the recycling of coveredtelevisions sold in the State, which shall be subject to the followingconditions:

(1)  The plan shall not permit the charging of a feeat the point of recycling if the covered television is brought by the coveredtelevision owner to a central location for recycling; provided that the planmay include a reasonable transportation fee if the television manufacturer ortelevision manufacturer's agent removes the covered electronic device from theowner's premises at the owner's request and if the removal is not inconjunction with delivery of a new television to the owner; and

(2)  Each television manufacturer may develop its ownrecycling program or may collaborate with other television manufacturers, solong as the program is implemented and fully operational no later than January1, 2011.

(c)  The department shall review eachtelevision manufacturer's plan and, within sixty days of receipt of the plan,determine whether the plan complies with this part.  If the plan is approved,the department shall notify the television manufacturer or group of televisionmanufacturers.  If the plan is rejected, the department shall notify the televisionmanufacturer or group of television manufacturers and provide the reasons forthe plan's rejection.  Within thirty days after receipt of the department'srejection, the television manufacturer or group of television manufacturers mayrevise and resubmit the plan to the department for approval.

(d)  No later than January 31, 2012, and eachyear thereafter, each television manufacturer shall report to the departmentthe total weight of covered televisions that the television manufacturercollected in the State and recycled during the previous year. [L 2009, c 183,pt of §6]