IC 13-20.5-2
    Chapter 2. Manufacturer's Registration Fee; Electronic WasteFund

IC 13-20.5-2-1
Registration fee; variable recycling fee and formula fordetermination; recycling credits; fee exception
    Sec. 1. (a) Except as provided in subsection (g), a manufacturerthat registers under IC 13-20.5-1 shall pay to the department at thetime of registration an annual registration fee. The registration feeapplies for the program year for which the registration is submittedto the department. The department shall deposit the fee in theelectronic waste fund established by section 3 of this chapter.
    (b) The registration fee for the initial program year to which thefee applies under subsection (a) is five thousand dollars ($5,000). Foreach program year thereafter, the registration fee is equal to twothousand five hundred dollars ($2,500).
    (c) In addition to the registration fee under subsection (a), amanufacturer that registers under IC 13-20.5-1 and fails to meet therecycling goal under IC 13-20.5-4-1 is subject to a variable recyclingfee for each program year that ends on March 31 of 2013 or of a lateryear. Not later than September 1, the department shall provide astatement to each manufacturer liable for the variable recycling feethat states at least the following:
        (1) The amount of the fee determined under subsection (d).
        (2) The method of calculation of the fee.
        (3) The due date of the fee.
        (4) The opportunity to petition under section 2 of this chapter.
The department shall deposit the fee in the Indiana recyclingpromotion and assistance fund established by IC 4-23-5.5-14.
    (d) The amount of the variable recycling fee, if applicable, is theamount determined in STEP FOUR of the following formula:
        STEP ONE: Multiply the number of pounds of themanufacturer's video display devices sold to households duringthe immediately preceding program year, as reported in themanufacturer's registration for the program year underIC 13-20.5-1-1(d)(4), by the proportion of sales of video displaydevices required to be recycled under IC 13-20.5-4-1.
        STEP TWO: Subject to subsection (e), add the number ofpounds of covered electronic devices recycled by themanufacturer from covered entities during the immediatelypreceding program year, as reported to the department underIC 13-20.5-3-1(b), to the number of recycling credits themanufacturer elects to use to calculate the variable recyclingfee, as reported to the department under IC 13-20.5-3-1(c)(2).
        STEP THREE: Subtract the number of pounds determined inSTEP TWO from the number of pounds determined in STEPONE.
        STEP FOUR: Multiply the greater of zero (0) or the number ofpounds determined in STEP THREE by the per pound cost of

recycling established as follows:
            (A) Forty cents ($0.40) per pound for manufacturers thatrecycle less than fifty percent (50%) of the number ofpounds determined in STEP ONE.
            (B) Thirty cents ($0.30) per pound for manufacturers thatrecycle at least fifty percent (50%) but less than ninetypercent (90%) of the number of pounds determined in STEPONE.
            (C) Twenty cents ($0.20) per pound for manufacturers thatrecycle at least ninety percent (90%) of the number ofpounds determined in STEP ONE.
    (e) The following apply to the number of pounds of coveredelectronic devices recycled by the manufacturer from coveredentities during the immediately preceding program year for purposesof subsection (d), STEP TWO:
        (1) Except as provided in subdivision (3), the number ismultiplied by one and one-tenth (1.1) to the extent that thecovered electronic devices were recycled in Indiana.
        (2) Except as provided in subdivision (3), the number ismultiplied by one and five-tenths (1.5) to the extent that thecovered electronic devices were recycled from covered entitiesnot located in a metropolitan statistical area, as defined by thefederal Office of Management and Budget.
        (3) The number is multiplied by one and six-tenths (1.6) to theextent that the covered electronic devices were:
            (A) recycled from covered entities not located in ametropolitan statistical area, as defined by the federal Officeof Management and Budget; and
            (B) recycled in Indiana.
    (f) A manufacturer may retain recycling credits to be added, inwhole or in part, to the actual number of pounds of coveredelectronic devices recycled by the manufacturer from coveredentities during the immediately preceding program year, as reportedto the department under IC 13-20.5-3-1(b), during any of the three(3) immediately succeeding program years. A manufacturer may sellall or any part of its recycling credits to another manufacturer, at aprice negotiated by the parties, and the other manufacturer may usethe credits in the same manner. For purposes of this subsection, therecycling credits for the program year that begins April 1, 2010, aredetermined taking into account covered electronic devices that themanufacturer recycled, or arranged to have collected and recycled,both:
        (1) in that program year; and
        (2) after June 30, 2009, and before April 1, 2010.
    (g) A manufacturer may not be charged a registration fee or avariable recycling fee for any year in which the combined number ofvideo display devices produced by the manufacturer for sale tohouseholds is less than one hundred (100).
As added by P.L.178-2009, SEC.27.
IC 13-20.5-2-2
Petition for relief from variable recycling fee
    Sec. 2. Not later than sixty (60) days after the date of thestatement provided to a manufacturer under section 1(c) of thischapter, the manufacturer may petition the Indiana recycling marketdevelopment board created by IC 4-23-5.5-2 for relief from thevariable recycling fee imposed under section 1 of this chapter uponshowing of good cause. In determining whether to grant a petition forrelief under this section, the Indiana recycling market developmentboard shall determine whether the manufacturer has made good faithprogress to achieve substantial compliance with this article. Adetermination by the Indiana recycling market development boardunder this subsection is not subject to appeal by the manufacturer.
As added by P.L.178-2009, SEC.27.

IC 13-20.5-2-3
Electronic waste fund; administration; refunds to manufacturers
    Sec. 3. (a) The electronic waste fund is established to implementthis article. The fund shall be administered by the department.
    (b) The expenses of administering the fund shall be paid frommoney in the fund.
    (c) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public money may be invested. Interest that accruesfrom these investments shall be deposited in the fund.
    (d) Money in the fund at the end of a state fiscal year does notrevert to the state general fund.
    (e) Beginning in 2011 and continuing each year thereafter, as ofthe last day of the state fiscal year, the department shall determinethe total amount of the variable recycling fees that were collected forthat state fiscal year under section 1(c) of this chapter.
    (f) Except as provided in subsection (g), if the total amount ofregistration fees collected by the department for a state fiscal yearunder section 1(a) of this chapter exceeds the amount the departmentdetermines necessary to administer this article for the next statefiscal year, the department shall refund on a pro rata basis, to allmanufacturers that paid any fees for the state fiscal year thatcontributed to those collections, the amount of fees collected by thedepartment that exceeds the amount necessary to administer thisarticle for the next state fiscal year.
    (g) The department is not required to refund amounts undersubsection (f) if either or both of the following apply:
        (1) The refund amount determined under subsection (f) is lessthan one hundred dollars ($100).
        (2) The amount the manufacturer claiming the refund recycledfor the manufacturer's most recent program year was less thanfifty percent (50%) of the amount the manufacturer wasrequired to recycle for that program year under IC 13-20.5-4-1.
As added by P.L.178-2009, SEC.27.