CHAPTER 7. DEPARTMENT DUTIES

IC 13-20.5-7
    Chapter 7. Department Duties

IC 13-20.5-7-1
Department adoption of forms and procedures
    Sec. 1. (a) The department shall:
        (1) subject to subsection (b), adopt forms for use bymanufacturers, collectors, and recyclers for all registrationstatements, certifications, and reports required by this article;and
        (2) establish procedures for:
            (A) receipt and maintenance of the registration statementsand certifications filed with the department underIC 13-20.5-1; and
            (B) making the statements and certifications easily availableto manufacturers, retailers, and the public.
    (b) The department is not required to adopt forms undersubsection (a) by rule.
As added by P.L.178-2009, SEC.27.

IC 13-20.5-7-2
Department calculation of estimated sales of video display devices
    Sec. 2. Before June 1, 2010, and before June 1 of each yearthereafter, the department shall calculate estimated sales of videodisplay devices sold to households by each manufacturer during theimmediately preceding calendar year, based on national sales data.
As added by P.L.178-2009, SEC.27.

IC 13-20.5-7-3
Recommendations to reduce revenue if revenue exceedsrequirements
    Sec. 3. If the revenues in the electronic waste fund established byIC 13-20.5-2-3 exceed the amount that the department determines isnecessary for efficient and effective administration of this article, thedepartment shall recommend to the general assembly in a reportsubmitted in an electronic format under IC 5-14-6 that:
        (1) the registration fee under IC 13-20.5-2-1(a); or
        (2) the proportion of sales of video display devices required tobe recycled under IC 13-20.5-4-1;
be lowered to reduce revenues collected in the subsequent state fiscalyear by the estimated amount of the excess.
As added by P.L.178-2009, SEC.27.

IC 13-20.5-7-4
Department report on program implementation
    Sec. 4. (a) Before August 1, 2013, and before August 1 of eachyear thereafter, the department shall submit a report concerning theimplementation of this article to:
        (1) the general assembly in an electronic format underIC 5-14-6;        (2) the governor;
        (3) the environmental quality service council established byIC 13-13-7-1; and
        (4) the Indiana recycling market development board establishedby IC 4-23-5.5-2.
    (b) For each state fiscal year, the report submitted undersubsection (a):
        (1) must discuss the total weight of covered electronic devicesrecycled in the state fiscal year and a summary of informationin the reports submitted by manufacturers and recyclers underIC 13-20.5-3;
        (2) must discuss the various collection programs used bymanufacturers to collect covered electronic devices, informationregarding covered electronic devices that are being collected bypersons other than registered manufacturers, collectors, andrecyclers, and information about covered electronic devices, ifany, being disposed of in landfills in Indiana;
        (3) must include a description of enforcement actions under thisarticle during the state fiscal year; and
        (4) may include other information received by the departmentregarding the implementation of this article.
As added by P.L.178-2009, SEC.27.

IC 13-20.5-7-5
Department public education and outreach
    Sec. 5. The department shall promote public participation in theactivities implemented under this article through public educationand outreach efforts.
As added by P.L.178-2009, SEC.27.

IC 13-20.5-7-6
Department collection of data and use to determine fee
    Sec. 6. (a) The department shall collect the data submitted to itannually by each registered manufacturer on:
        (1) the total weight in pounds of each specific model of videodisplay device sold to households, if provided;
        (2) the total weight in pounds of video display devices sold tohouseholds;
        (3) the total weight in pounds of covered electronic devicescollected from covered entities that are recycled; and
        (4) data on recycling credits, as required under IC 13-20.5-3-1.
    (b) The department shall use the data described in subsection (a)to determine the manufacturer's variable recycling fee under theformula in IC 13-20.5-2-1.
As added by P.L.178-2009, SEC.27.

IC 13-20.5-7-7
Department estimation of sales; use of data to verify fee
    Sec. 7. The department shall estimate, for each registeredmanufacturer, the sales of video display devices to households during

each calendar year, based on:
        (1) data provided by a manufacturer on sales of video displaydevices to households, including documentation describing howthat amount was calculated and certification that the amount isaccurate; or
        (2) if a manufacturer does not provide the data specified insubdivision (1), national data on sales of video display devices.
The department shall use the data specified in this section to reviewthe determination of each manufacturer's variable recycling fee toensure that the fee was calculated accurately according to theformula in IC 13-20.5-2-1.
As added by P.L.178-2009, SEC.27.

IC 13-20.5-7-8
Department may participate in organizations and compacts
    Sec. 8. The department may participate in or join a regionalmultistate organization or compact to assist in implementing thisarticle.
As added by P.L.178-2009, SEC.27.

IC 13-20.5-7-9
Department evaluation of national program and regionalagreement
    Sec. 9. If a national electronic waste program is implemented thatis similar to the program established under this article, thedepartment shall review, evaluate, and compare the nationalprogram, the program established under this article, and any regionalagreement the department has entered into under section 8 of thischapter.
As added by P.L.178-2009, SEC.27.