§ 23-24.10-3. Definitions.
For the purposes of this chapter:
(1) "Collector� means a public or private entity that receives covered electronic devices
and arranges for the delivery of the devices to a recycler.
(2) "Computer� often referred to as a "personal computer� or "PC,� means a desktop or
notebook computer as further defined below, but does not mean an automated typewriter,
electronic printer, mobile telephone, portable hand-held calculator, portable digital
assistant (PDA), MP3 player, or other similar device. "Computer� does not include
computer peripherals, commonly known as cables, mouse, or keyboard; computer servers
marketed to professional users; or retail store terminals or cash registers used at
customer checkout in the retail industry. "Computer� is further defined to include:
(i) "Desktop computer� means an electronic, magnetic, optical, electrochemical, or other
high-speed data-processing device performing logical, arithmetic, or storage functions
for general purpose needs that are met through interaction with a number of software
programs contained therein, and that is not designed to exclusively perform a specific
type of logical, arithmetic, or storage function or other limited or specialized application.
Human interface with a desktop computer is achieved through a standalone keyboard,
standalone monitor or other display unit, and a standalone mouse or other pointing
device, and is designed for a single user. A desktop computer has a main unit that
is intended to be persistently located in a single location, often on a desk or on
the floor. A desktop computer is not designed for portability and generally utilizes
an external monitor, keyboard, and mouse with an external or internal power supply
for a power source. Desktop computer does not include an automated typewriter or typesetter;
or
(ii) "Notebook computer� means an electronic, magnetic, optical, electrochemical, or other
high-speed data-processing device performing logical, arithmetic, or storage functions
for general purpose needs that are met through interaction with a number of software
programs contained therein, and that is not designed to exclusively perform a specific
type of logical, arithmetic, or storage function or other limited or specialized application.
Human interface with a notebook computer is achieved through a keyboard, video display
greater than nine inches (9″) in size, and mouse or other pointing device, all of
which are contained within the construction of the unit that comprises the notebook
computer; supplemental standalone interface devices typically can also be attached
to the notebook computer. Notebook computers can use external, internal, or batteries
for a power source. Notebook computer does not include a portable hand-held calculator,
or a portable digital assistant or similar specialized device. A notebook computer
has an incorporated video display greater than nine inches (9″) in size and can be
carried as one unit by an individual. A notebook computer is sometimes referred to
as a laptop and/or tablet computer.
(3) "Corporation� means the Rhode Island resource recovery corporation created and established
pursuant to chapter 19 of title 23.
(4) "Covered electronic products� means:
(i) Computers (including central processing unit or CPU) as defined herein;
(ii) Computer monitors, including CRT monitors and flat panel monitors;
(iii) Combination units (CPUs with monitors);
(iv) Portable computers, such as tablets;
(v) Printers as defined in this section shall only be included as a "covered electronic
product� if/once the total amount of printers exceeds twenty percent (20%) by weight
of the total returns of covered electronics as determined by § 23-24.10-11(a)(5) after January 1, 2020;
(vi) Televisions including CRT-based and non-CRT-based televisions, plasma, and LCD, or
any similar video-display device with a screen greater than nine (9) inches diagonally
and that contains a circuit board; and
(vii) "Covered electronic products� does not mean a computer, television, or video-display
device that is: (a) A part of a motor vehicle or any component part of a motor vehicle
assembled by, or for, a vehicle manufacturer or franchised dealer, including replacement
parts for use in a motor vehicle; or (b) Functionally or physically a part of, connected
to, or integrated within a larger piece of equipment designed and intended for use
in an industrial, governmental, commercial, research and development, or medical setting,
(including diagnostic, monitoring, or other medical products as that term is defined
under the Federal Food, Drug, and Cosmetic Act) or equipment used for security, sensing,
monitoring, or anti-terrorism purposes; or (c) Contained within a home appliance,
clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven,
conventional oven or range, dishwasher, room air conditioner, dehumidifier, or air
purifier; or (d) A handheld device used to access commercial mobile radio service
and/or commercial mobile data service, as such service is defined in 47 C.F.R. § 20.3.
(5) "Department� means the department of environmental management.
(6) "Manufacturer� means a person or entity who or that:
(i) Has a physical presence and legal assets in the United States of America; and
(A) Manufactures or manufactured a covered electronic product under a brand it owns; or
is or was licensed to use;
(B) Sells or sold under a brand or label it owns or is or was licensed to use a covered
electronic product produced by other suppliers; or
(C) Assumes the financial responsibility of manufacturer collection, transportation, or
recycling as further defined herein; or
(D) Imports or imported a covered electronic product into the United States that is manufactured
by a person without a presence in the United States; or
(E) Sells at retail a covered electronic product acquired from an importer that is the
manufacturer as described in subsection (b) herein, and elects to register in lieu
of the importer.
(7) "Manufacturer program� means a statewide program for collecting, transporting, and
recycling covered electronic products that is provided by the manufacturer, either
individually or as a group.
(8) "Market share� means a television or printer manufacturer's national sales of televisions
or printers, respectively, expressed as a percentage of the total of all television
or printer manufacturers' national sales based on the best available public data.
(9) "Market share by weight� means the minimum total weight of covered electronic products,
i.e. televisions and/or printers, that an individual manufacturer is responsible for
collecting, transporting, and recycling.
(10) "Monitor� means a video-display device without a tuner that can display pictures and
sound and is used with a computer.
(11) "Orphan waste� means covered electronic products for which no manufacturer can be
identified or the manufacturer is no longer in business and no successor business
can be identified or a de minimis quantity of brands with no greater than one percent
(1%) market share or return share to be determined annually by the corporation.
(12) "Person� means an individual, trust, firm, joint stock company, corporation (including
a government corporation), partnership, association, the federal government or any
agency or subdivision thereof, a state, municipality, commission, political subdivision
of a state, or any interstate body.
(13) "Premium service� means services such as at-location system upgrade services and at-home
pickup services, including curbside pickup service.
(14) "Printer� means desktop printers, multifunction printer copiers, and printer/fax combinations
taken out of service that are designed to reside on a work surface, and include various
print technologies, including, without limitation, laser and LED (electrographic),
ink jet, dot matrix, thermal, and digital sublimation, and "multi-function� or "all-in-one�
devices that perform different tasks, including, without limitation, copying, scanning,
faxing, and printing. Printers do not include floor-standing printers, printers with
optional floor stand, point-of-sale (POS) receipt printers, household printers such
as a calculator with printing capabilities or label makers, or non-standalone printers
that are embedded into products that are not covered electronic products.
(15) "Program year� means January 1 through December 31, also referred to as "calendar
year.�
(16) "Recycler� means a public or private individual or entity who accepts covered electronic
devices directly from the public or from collectors for the purpose of recycling.
A manufacturer who takes products solely for refurbishment or repair is not a recycler.
A recycler may also be a collector if the recycler meets the definition of a collector.
(17) "Retailer� means a person or entity who or that sells a covered electronic product
in the state to a consumer. "Retailer� includes, but is not limited to, a manufacturer
of a covered electronic product who sells directly to a consumer through any means,
including, but not limited to, transactions conducted through sales outlets, catalogs,
or the internet, or any similar electronic means, but not including leasing, commercial
financing, or wholesale transactions with a distributor or other retailer.
(18) "Return share� means the share of covered electronic products, except televisions
and printers, that an individual manufacturer is responsible for collecting, transporting,
and recycling.
(19) "Return share by weight� means the minimum total weight of covered electronic products,
except televisions and printers, that an individual manufacturer is responsible for
collecting, transporting, and recycling.
(20) "State program� means a statewide program for collecting, transporting, and recycling
covered electronic products that is provided by the resource recovery corporation
for manufacturers who pay a recycling fee.
(21) "Television� means any telecommunication system device that can broadcast or receive
moving pictures and sound over a distance and includes a television tuner or a display
device peripheral to a computer that contains a television tuner.
(22) "Video-display devices� means and includes units capable of presenting images electronically
on a screen, with a viewable area greater than nine inches (9″) when measured diagonally,
viewed by the user and may include cathode ray tubes, flat-panel computer monitors,
plasma displays, liquid crystal displays, rear- and front-enclosed projection devices,
and other similar displays that exist or may be developed.