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



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



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



(3)  The registration and each renewal shall include a
list of all of the electronic device manufacturer's brands of covered
electronic devices and shall be effective on the second day of the succeeding
month 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 to
establish, conduct, and manage a program for the collection, transportation,
and recycling of its covered electronic devices 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 electronic device is brought by the
covered electronic device owner to a central location for recycling; provided
that the plan may include a reasonable transportation fee if the electronic
device manufacturer or electronic device 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 electronic device
to the owner; and



(2)  Each electronic device manufacturer may develop
its own recycling program or may collaborate with other electronic device
manufacturers, so long as the program is implemented and fully operational no
later than January 1, 2010.



(d)  By March 31, 2011, and annually
thereafter, each electronic device manufacturer shall submit to the department
the total weight of all covered electronic devices recycled in the previous year,
which may include both an electronic device manufacturer's own covered
electronic 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 selling
covered electronic devices in the State, based upon the annual total weight of
covered electronic devices recycled by each electronic device manufacturer in
the previous year.



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



(g)  The department shall review each
electronic device manufacturer's plan and, within sixty days of receipt of the
plan, shall determine whether the plan complies with this part.  If the plan is
approved, the department shall notify the electronic device manufacturer or
group of electronic device manufacturers.  If the plan is rejected, the
department shall notify the electronic device manufacturer or group of
electronic device manufacturers and provide the reasons for the plan's
rejection.  Within thirty days after receipt of the department's rejection, the
electronic device manufacturer or group of electronic device manufacturers may
revise and resubmit the plan to the department for approval.



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



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