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



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



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



(2)  Each television manufacturer may develop its own
recycling program or may collaborate with other television manufacturers, so
long as the program is implemented and fully operational no later than January
1, 2011.



(c)  The department shall review each
television 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 television
manufacturers.  If the plan is rejected, the department shall notify the television
manufacturer or group of television manufacturers and provide the reasons for
the plan's rejection.  Within thirty days after receipt of the department's
rejection, the television manufacturer or group of television manufacturers may
revise and resubmit the plan to the department for approval.



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