§339D-4  Electronic device manufacturerresponsibility.  (a)  Beginning October 1, 2009, each electronic devicemanufacturer shall label all new covered electronic devices to be offered forsale for delivery in this State with a brand, which label shall be permanentlyaffixed and readily visible.

(b)  (1)  By January 1, 2009, each electronic devicemanufacturer of new covered electronic devices offered for sale for delivery inthis State shall register with the department and pay to the department aregistration fee of $5,000.  Thereafter, if an electronic device manufacturerhas not previously registered, the electronic device manufacturer shallregister with the department prior to any offer for sale for delivery in thisState of the electronic device manufacturer's new covered electronic devices.

(2)  Each electronic device manufacturer who isregistered shall submit an annual renewal of its registration with the paymentof a registration fee of $5,000, by January 1 of each program year.

(3)  The registration and each renewal shall include alist of all of the electronic device manufacturer's brands of coveredelectronic devices and shall be effective on the second day of the succeedingmonth after receipt by the department of the registration or renewal.

(c)  By June 1, 2009, and annually thereafter,each electronic device manufacturer shall submit a plan to the department toestablish, conduct, and manage a program for the collection, transportation,and recycling of its covered electronic devices sold in the State, which shallbe subject to the following conditions:

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

(2)  Each electronic device manufacturer may developits own recycling program or may collaborate with other electronic devicemanufacturers, so long as the program is implemented and fully operational nolater than January 1, 2010.

(d)  By March 31, 2011, and annuallythereafter, each electronic device manufacturer shall submit to the departmentthe total weight of all covered electronic devices recycled in the previous year,which may include both an electronic device manufacturer's own coveredelectronic devices and those of other manufacturers.

(e)  By July 1, 2011, and annually thereafter,the department shall publish a ranking of all electronic device manufacturers sellingcovered electronic devices in the State, based upon the annual total weight ofcovered electronic devices recycled by each electronic device manufacturer inthe previous year.

(f)  The State may adopt regulations allowing aprocurement preference based upon an electronic device manufacturer's ranking.

(g)  The department shall review eachelectronic device manufacturer's plan and, within sixty days of receipt of theplan, shall determine whether the plan complies with this part.  If the plan isapproved, the department shall notify the electronic device manufacturer orgroup of electronic device manufacturers.  If the plan is rejected, thedepartment shall notify the electronic device manufacturer or group ofelectronic device manufacturers and provide the reasons for the plan'srejection.  Within thirty days after receipt of the department's rejection, theelectronic device manufacturer or group of electronic device manufacturers mayrevise and resubmit the plan to the department for approval.

(h)  The obligations under this part for anelectronic device manufacturer who manufactures or manufactured coveredelectronic devices, or who sells or sold covered electronic devicesmanufactured by others, under a brand that was previously used by a differentperson in the manufacture of covered electronic devices, shall extend to allcovered electronic devices bearing that brand.

(i)  Nothing in this part is intended to exemptany person from liability that the person would otherwise have under applicablelaw. [L Sp 2008, c 13, pt of §2; am L 2009, c 183, §11]