§ 13-20.5-2-1 — Registration fee; variable recycling fee and formula for determination; recycling credits; fee exception

Indiana § 13-20.5-2-1

• Jurisdiction: Indiana
• Art. 20.5: ELECTRONIC WASTE
• Ch. 2: Manufacturer's Registration Fee; Electronic Waste Fund

Text

(a) Except as provided in subsection (g), a
manufacturer that registers under IC 13-20.5-1 shall pay to the
department at the time of registration an annual registration fee. The
registration fee applies for the program year for which the registration
is submitted to the department. The department shall deposit the fee in
the electronic waste fund established by section 3 of this chapter.
(b) The registration fee for the initial program year to which the fee
applies under subsection (a) is five thousand dollars ($5,000). For each
program year thereafter, the registration fee is equal to two thousand
five hundred dollars ($2,500).
(c) In addition to the registration fee under subsection (a), a
manufacturer that registers under IC 13-20.5-1 and fails to meet the
recycling goal under IC 13-20.5-4-1 is subject to a variable recycling
fee for each program year that ends on March 31 of 2013 or December
31 of a later year. Not later than September 1, the department shall
provide a statement to each manufacturer liable for the variable
recycling fee that 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 recycling promotion
and assistance fund established by IC 4-23-5.5-14.
(d) The amount of the variable recycling fee, if applicable, is the
amount determined in STEP FOUR of the following formula:
STEP ONE: Multiply the number of pounds of the manufacturer's
video display devices sold to households during the immediately
preceding program year, as reported in the manufacturer's
registration for the program year under IC 13-20.5-1-1(c)(4), by
the proportion of sales of video display devices required to be
recycled under IC 13-20.5-4-1.
STEP TWO: Subject to subsection (e), add the number of pounds
of covered electronic devices recycled by the manufacturer from
covered entities during the immediately preceding program year,
as reported to the department under IC 13-20.5-3-1(a), to the
number of recycling credits the manufacturer elects to use to
calculate the variable recycling fee, as reported to the department
under IC 13-20.5-3-1(b)(2).
STEP THREE: Subtract the number of pounds determined in
STEP TWO from the number of pounds determined in STEP
ONE.
STEP FOUR: Multiply the greater of zero (0) or the number of
pounds determined in STEP THREE by the per pound cost of
recycling established as follows:
(A) Forty cents ($0.40) per pound for manufacturers that
recycle less than fifty percent (50%) of the number of pounds
determined in STEP ONE.
(B) Thirty cents ($0.30) per pound for manufacturers that
recycle at least fifty percent (50%) but less than ninety percent
(90%) of the number of pounds determined in STEP ONE.
(C) Twenty cents ($0.20) per pound for manufacturers that
recycle at least ninety percent (90%) of the number of pounds
determined in STEP ONE.
(e) The following apply to the number of pounds of covered
electronic devices recycled by the manufacturer from covered entities
during the immediately preceding program year for purposes of
subsection (d), STEP TWO:
(1) Except as provided in subdivision (3), the number is
multiplied by one and one-tenth (1.1) to the extent that the
covered electronic devices were recycled in Indiana.
(2) Except as provided in subdivision (3), the number is
multiplied by one and five-tenths (1.5) to the extent that the
covered electronic devices were recycled from covered entities
not located in a metropolitan statistical area, as defined by the
federal Office of Management and Budget.
(3) The number is multiplied by one and six-tenths (1.6) to the
extent that the covered electronic devices were:
(A) recycled from covered entities not located in a metropolitan
statistical area, as defined by the federal Office of Management
and Budget; and
(B) recycled in Indiana.
(f) A manufacturer may retain recycling credits to be added, in
whole or in part, to the actual number of pounds of covered electronic
devices recycled by the manufacturer from covered entities during the
immediately preceding program year, as reported to the department
under IC 13-20.5-3-1(a), during any of the three (3) immediately
succeeding program years. A manufacturer may sell all or any part of
its recycling credits to another manufacturer, at a price negotiated by
the parties, and the other manufacturer may use the credits in the same
manner.
(g) A manufacturer may not be charged a registration fee or a
variable recycling fee for any year in which the combined number of
video display devices produced by the manufacturer for sale to
households is less than one hundred (100).

Legislative History

As added by P.L.178-2009, SEC.27. Amended by P.L.37-2012, SEC.44; P.L.147-2015, SEC.20; P.L.200-2017, SEC.9.