§ 27-2603 — Manufacturer collection; recycling surcharge

§ 27-2603. Manufacturer collection; recycling surcharge.\n 1. (a) Beginning April first, two thousand eleven, a manufacturer of\ncovered electronic equipment must accept for collection, handling and\nrecycling or reuse electronic waste for which it is the manufacturer.\nSuch waste shall count toward the amount of electronic waste required to\nbe accepted pursuant to subdivision four of this section.\n (b) Beginning April first, two thousand eleven, a manufacturer of\ncovered electronic equipment must accept for collection, handling and\nrecycling or reuse one piece of electronic waste of any manufacturer's\nbrand if offered by a consumer with the purchase of covered electronic\nequipment of the same type by a consumer. Such waste shall count toward\nthe amount of the electronic waste required to be accepted pursuant to\nsubdivision four of this section.\n 2. Beginning April first, two thousand eleven, each manufacturer must\naccept for collection, handling and recycling or reuse the\nmanufacturer's acceptance standard as specified in subdivision four of\nthis section.\n 3. Statewide recycling or reuse goal. (a) For the period from April\nfirst, two thousand eleven through December thirty-first, two thousand\neleven, the statewide recycling or reuse goal for electronic waste shall\nbe the product of the latest population estimate for the state, as\npublished by the U.S. Census bureau multiplied by three pounds\nmultiplied by three-quarters.\n (b) For calendar year two thousand twelve, the statewide recycling or\nreuse goal for all electronic waste shall be the product of the latest\npopulation estimate for the state, as published by the U.S. Census\nbureau multiplied by four pounds.\n (c) For calendar year two thousand thirteen, the statewide recycling\nor reuse goal for all electronic waste shall be the product of the\nlatest population estimate for the state, as published by the U.S.\nCensus bureau multiplied by five pounds.\n (d) For calendar year two thousand fourteen and annually thereafter,\nthe statewide recycling or reuse goal for all electronic waste is the\nproduct of the base weight multiplied by the goal attainment percentage.\nFor the purposes of this paragraph, "base weight" means the greater of:\n(i) the average weight of all electronic waste collected for recycling\nor reuse during the previous three calendar years as reported to the\ndepartment pursuant to paragraph (b) of subdivision one of section\n27-2617 of this title; or (ii) the three year average of the sum of all\nelectronic waste collected for recycling or reuse during the previous\nthree calendar years based on information reported to the department\npursuant to paragraph (b) of subdivision one, paragraph (b) of\nsubdivision two and paragraph (b) of subdivision three of section\n27-2613 of this title.\n (e) The "goal attainment percentage" means:\n (i) ninety percent if the base weight is less than ninety percent of\nthe statewide recycling or reuse goal for the previous calendar year;\n (ii) ninety-five percent if the base weight is ninety percent or\ngreater, but does not exceed ninety-five percent of the statewide\nrecycling or reuse goal for the previous calendar year;\n (iii) one hundred percent if the base weight is ninety-five percent or\ngreater, but does not exceed one hundred five percent of the statewide\nrecycling or reuse goal for the previous calendar year;\n (iv) one hundred five percent if the base weight is one hundred five\npercent or greater, but does not exceed one hundred ten percent of the\nstatewide recycling or reuse goal for the previous calendar year; and\n (v) one hundred ten percent if the base weight is one hundred ten\npercent or greater of the statewide recycling or reuse goal for the\nprevious calendar year.\n 4. Manufacturer acceptance standard. (a) For the period April first,\ntwo thousand eleven through December thirty-first, two thousand eleven\nand annually thereafter, each manufacturer's acceptance standard is the\nproduct of the statewide recycling or reuse goal under paragraph (a),\n(b), (c) or (d) of subdivision three of this section, as appropriate,\nmultiplied by that manufacturer's market share pursuant to paragraph (b)\nof this subdivision.\n (b) Each manufacturer's market share of electronic waste shall be\ndetermined by the department based on the manufacturer's percentage\nshare of the total weight of covered electronic equipment sold as\ndetermined by the best available information, including, but not limited\nto, state sales data reported by weight. Beginning April first, two\nthousand eleven, and every calendar year thereafter, the department\nshall provide each manufacturer with a determination of its market share\nof electronic waste which shall be the quotient of the total weight of\nthe manufacturer's covered electronic equipment sold to persons in this\nstate based on the average annual retail sales during the preceding\nthree calendar years, as reported under sections 27-2605 and 27-2617 of\nthis title divided by the total weight of all manufacturers covered\nelectronic equipment sold to persons in this state based on the average\nannual retail sales during the preceding three calendar years, as\nreported under sections 27-2605 and 27-2617 of this title.\n 5. In the absence of a waiver by the department pursuant to\nsubdivision three of section 27-2615 of this title, beginning in\ncalendar year two thousand thirteen, a manufacturer that fails to meet\nits manufacturer's acceptance standard for the previous calendar year as\nrequired by subdivision four of this section shall be subject to a\nrecycling surcharge, determined as follows:\n (a) If a manufacturer accepts at least ninety percent but less than\none hundred percent of its manufacturer's acceptance standard as\nrequired by subdivision four of this section, the surcharge shall be\nthirty cents multiplied by the number of additional pounds of electronic\nwaste that should have been accepted by such manufacturer.\n (b) If a manufacturer accepts at least fifty percent but less than\nninety percent of its manufacturer's acceptance standard as required by\nsubdivision four of this section, the surcharge shall be forty cents\nmultiplied by the number of additional pounds of electronic waste that\nshould have been accepted by such manufacturer.\n (c) If a manufacturer accepts less than fifty percent of its\nmanufacturer's acceptance standard as required by subdivision four of\nthis section, the surcharge shall be fifty cents multiplied by the\nnumber of additional pounds of electronic waste that should have been\naccepted by such manufacturer.\n 6. The recycling surcharge shall be paid to the department with the\nannual report required pursuant to section 27-2617 of this title.\n 7. Beginning with calendar year two thousand fourteen, if a\nmanufacturer accepts more than its manufacturer's acceptance standard as\nrequired by subdivision four of this section, the excess weight may be\nused as electronic waste acceptance credits and may be sold, traded, or\nbanked for a period no longer than three calendar years succeeding the\nyear in which the credits were earned; provided, however, that no more\nthan twenty-five percent of a manufacturer's obligation for any calendar\nyear may be met with recycling credits generated in a prior calendar\nyear.\n