| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a program for the recycling of electronic equipment of |
|
|
consumers in this state; providing administrative penalties. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Subchapter Y, Chapter 361, Health |
|
|
and Safety Code, is amended to read as follows: |
|
|
SUBCHAPTER Y. ELECTRONIC [COMPUTER] EQUIPMENT RECYCLING PROGRAM |
|
|
SECTION 2. Section 361.951, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 361.951. SHORT TITLE. This subchapter may be cited as |
|
|
the Manufacturer Responsibility and Consumer Convenience |
|
|
Electronic [Computer] Equipment Collection and Recovery Act. |
|
|
SECTION 3. Sections 361.952(3) and (4), Health and Safety |
|
|
Code, are amended to read as follows: |
|
|
(3) "Consumer" means an individual who uses a |
|
|
television or computer equipment that is purchased primarily for |
|
|
personal or home business use. |
|
|
(4) "Manufacturer" means a person: |
|
|
(A) who manufactures or manufactured televisions |
|
|
or computer equipment under a brand that: |
|
|
(i) the person owns or owned; or |
|
|
(ii) the person is or was licensed to use, |
|
|
other than under a license to manufacture televisions or computer |
|
|
equipment for delivery exclusively to or at the order of the |
|
|
licensor; |
|
|
(B) who sells or sold televisions or computer |
|
|
equipment manufactured by others under a brand that: |
|
|
(i) the person owns or owned; or |
|
|
(ii) the person is or was licensed to use, |
|
|
other than under a license to manufacture televisions or computer |
|
|
equipment for delivery exclusively to or at the order of the |
|
|
licensor; |
|
|
(C) who manufactures or manufactured televisions |
|
|
or computer equipment without affixing a brand; |
|
|
(D) who manufactures or manufactured televisions |
|
|
or computer equipment to which the person affixes or affixed a brand |
|
|
that: |
|
|
(i) the person does not or has not owned; or |
|
|
(ii) the person is not or was not licensed |
|
|
to use; or |
|
|
(E) who imports or imported televisions or |
|
|
computer equipment manufactured outside the United States into the |
|
|
United States unless at the time of importation the company or |
|
|
licensee that sells or sold the televisions or computer equipment |
|
|
to the importer has or had assets or a presence in the United States |
|
|
sufficient to be considered the manufacturer. |
|
|
SECTION 4. Section 361.953, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 361.953. LEGISLATIVE FINDINGS AND PURPOSE. (a) |
|
|
Televisions, computers, [Computers] and related display devices |
|
|
are critical elements to the strength and growth of this state's |
|
|
economic prosperity and quality of life. Many of those products can |
|
|
be refurbished and reused, and many contain valuable components |
|
|
that can be recycled. |
|
|
(b) The purpose of this subchapter is to establish a |
|
|
comprehensive, convenient, and environmentally sound program for |
|
|
the collection, recycling, and reuse of televisions and computer |
|
|
equipment that has reached the end of its useful life. The program |
|
|
is based on individual manufacturer responsibility and shared |
|
|
responsibility among consumers, retailers, and the government of |
|
|
this state. |
|
|
SECTION 5. Section 361.954, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 361.954. APPLICABILITY. (a) The collection, |
|
|
recycling, and reuse provisions of this subchapter apply to |
|
|
televisions and computer equipment used and returned to the |
|
|
manufacturer by a consumer in this state and do not impose any |
|
|
obligation on an owner or operator of a solid waste facility. |
|
|
(b) This subchapter does not apply to: |
|
|
(1) [a television,] any part of a motor vehicle, a |
|
|
personal digital assistant, or a telephone; |
|
|
(2) a consumer's lease of a television or computer |
|
|
equipment or a consumer's use of a television or computer equipment |
|
|
under a lease agreement; or |
|
|
(3) the sale or lease of a television or computer |
|
|
equipment to an entity when the manufacturer and the entity enter |
|
|
into a contract that effectively addresses the collection, |
|
|
recycling, and reuse of a television or computer equipment that has |
|
|
reached the end of its useful life. |
|
|
SECTION 6. Sections 361.955(a), (b), (c), (d), (e), (f), |
|
|
(h), (i), and (j), Health and Safety Code, are amended to read as |
|
|
follows: |
|
|
(a) Before a manufacturer may offer a television or computer |
|
|
equipment for sale in this state, the manufacturer must: |
|
|
(1) adopt and implement a recovery plan; and |
|
|
(2) affix a permanent, readily visible label to the |
|
|
television or computer equipment with the manufacturer's brand. |
|
|
(b) The recovery plan must enable a consumer to recycle a |
|
|
television or computer equipment without paying a separate fee at |
|
|
the time of recycling and must include provisions for: |
|
|
(1) the manufacturer's collection from a consumer of |
|
|
any television or computer equipment that has reached the end of its |
|
|
useful life and is labeled with the manufacturer's brand; and |
|
|
(2) recycling or reuse of a television or computer |
|
|
equipment collected under Subdivision (1). |
|
|
(c) The collection of a television or computer equipment |
|
|
provided under the recovery plan must be: |
|
|
(1) reasonably convenient and available to consumers |
|
|
in this state; and |
|
|
(2) designed to meet the collection needs of consumers |
|
|
in this state. |
|
|
(d) Examples of collection methods that alone or combined |
|
|
meet the convenience requirements of this section include: |
|
|
(1) a system by which the manufacturer or the |
|
|
manufacturer's designee offers the consumer a system for returning |
|
|
a television or computer equipment by mail; |
|
|
(2) a system using a physical collection site that the |
|
|
manufacturer or the manufacturer's designee keeps open and staffed |
|
|
and to which the consumer may return a television or computer |
|
|
equipment; and |
|
|
(3) a system using a collection event held by the |
|
|
manufacturer or the manufacturer's designee at which the consumer |
|
|
may return a television or computer equipment. |
|
|
(e) Collection services under this section may use existing |
|
|
collection and consolidation infrastructure for handling a |
|
|
television or computer equipment and may include electronic |
|
|
recyclers and repair shops, recyclers of other commodities, reuse |
|
|
organizations, not-for-profit corporations, retailers, recyclers, |
|
|
and other suitable operations. |
|
|
(f) The recovery plan must include information for the |
|
|
consumer on how and where to return the manufacturer's television |
|
|
or computer equipment. The manufacturer: |
|
|
(1) shall include collection, recycling, and reuse |
|
|
information on the manufacturer's publicly available Internet |
|
|
site; |
|
|
(2) shall provide collection, recycling, and reuse |
|
|
information to the commission; and |
|
|
(3) may include collection, recycling, and reuse |
|
|
information in the packaging for or in other materials that |
|
|
accompany the manufacturer's television or computer equipment when |
|
|
the equipment is sold. |
|
|
(h) Each manufacturer shall submit a report to the |
|
|
commission not later than January 31 of each year that includes: |
|
|
(1) the weight of televisions and computer equipment |
|
|
collected, recycled, and reused during the preceding calendar year; |
|
|
and |
|
|
(2) documentation verifying the collection, |
|
|
recycling, and reuse of the televisions and [that] computer |
|
|
equipment in a manner that complies with Section 361.964 regarding |
|
|
sound environmental management. |
|
|
(i) If more than one person is a manufacturer of a certain |
|
|
brand of televisions or computer equipment as defined by Section |
|
|
361.952, any of those persons may assume responsibility for and |
|
|
satisfy the obligations of a manufacturer under this subchapter for |
|
|
that brand. If none of those persons assumes responsibility or |
|
|
satisfies the obligations of a manufacturer for the televisions or |
|
|
computer equipment of that brand, the commission may consider any |
|
|
of those persons to be the responsible manufacturer for purposes of |
|
|
this subchapter. |
|
|
(j) The obligations under this subchapter of a manufacturer |
|
|
who manufactures or manufactured televisions or computer |
|
|
equipment, or sells or sold televisions or computer equipment |
|
|
manufactured by others, under a brand that was previously used by a |
|
|
different person in the manufacture of the televisions or computer |
|
|
equipment extends to all televisions or computer equipment bearing |
|
|
that brand regardless of its date of manufacture. |
|
|
SECTION 7. Sections 361.956(a) and (c), Health and Safety |
|
|
Code, are amended to read as follows: |
|
|
(a) A person who is a retailer of televisions or computer |
|
|
equipment may not sell or offer to sell new televisions or computer |
|
|
equipment in this state unless the equipment is labeled with the |
|
|
manufacturer's label and the manufacturer is included on the |
|
|
commission's list of manufacturers that have recovery plans. |
|
|
(c) A retailer is not required to collect televisions or |
|
|
computer equipment for recycling or reuse under this subchapter. |
|
|
SECTION 8. Section 361.957(a), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(a) A manufacturer or retailer of televisions or computer |
|
|
equipment is not liable in any way for information in any form that |
|
|
a consumer leaves on a television or computer equipment that is |
|
|
collected, recycled, or reused under this subchapter. |
|
|
SECTION 9. Section 361.958, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 361.958. COMMISSION'S EDUCATION RESPONSIBILITIES. |
|
|
(a) The commission shall educate consumers regarding the |
|
|
collection, recycling, and reuse of televisions or computer |
|
|
equipment. |
|
|
(b) The commission shall host or designate another person to |
|
|
host an Internet site providing consumers with information about |
|
|
the recycling and reuse of televisions or computer equipment, |
|
|
including best management practices and information about and links |
|
|
to information on: |
|
|
(1) manufacturers' collection, recycling, and reuse |
|
|
programs, including manufacturers' recovery plans; and |
|
|
(2) television or computer equipment collection |
|
|
events, collection sites, and community television or computer |
|
|
equipment recycling and reuse programs. |
|
|
SECTION 10. Sections 361.959(b), (c), and (e), Health and |
|
|
Safety Code, are amended to read as follows: |
|
|
(b) The commission and the attorney general, as |
|
|
appropriate, shall enforce this subchapter and, except as provided |
|
|
by Subsections (d) and (e), take enforcement action against any |
|
|
manufacturer, retailer, or person who recycles or reuses a |
|
|
television or computer equipment for failure to comply with this |
|
|
subchapter. |
|
|
(c) The attorney general may file suit under Section 7.032, |
|
|
Water Code, to enjoin an activity related to the sale of a |
|
|
television or computer equipment in violation of this subchapter. |
|
|
(e) A retailer who receives a warning notice from the |
|
|
commission that the retailer's inventory violates this subchapter |
|
|
because it includes a television or computer equipment from a |
|
|
manufacturer that has not submitted the recovery plan required by |
|
|
Section 361.955 must bring the inventory into compliance with this |
|
|
subchapter not later than the 60th day after the date the warning |
|
|
notice is issued. |
|
|
SECTION 11. Section 361.962, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 361.962. FEES NOT AUTHORIZED. This subchapter does |
|
|
not authorize the commission to impose a fee, including a recycling |
|
|
fee or registration fee, on a consumer, manufacturer, retailer, or |
|
|
person who recycles or reuses a television or computer equipment. |
|
|
SECTION 12. Section 361.963, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 361.963. CONSUMER RESPONSIBILITIES. (a) A consumer |
|
|
is responsible for any information in any form left on the |
|
|
consumer's television or computer equipment that is collected, |
|
|
recycled, or reused. |
|
|
(b) A consumer is encouraged to learn about recommended |
|
|
methods for recycling and reuse of a television or computer |
|
|
equipment that has reached the end of its useful life by visiting |
|
|
the commission's and manufacturers' Internet sites. |
|
|
SECTION 13. Section 361.964, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 361.964. SOUND ENVIRONMENTAL MANAGEMENT. (a) All |
|
|
televisions or computer equipment collected under this subchapter |
|
|
must be recycled or reused in a manner that complies with federal, |
|
|
state, and local law. |
|
|
(b) The commission shall adopt as standards for recycling or |
|
|
reuse of televisions or computer equipment in this state the |
|
|
standards provided by "Electronics Recycling Operating Practices" |
|
|
as approved by the board of directors of the Institute of Scrap |
|
|
Recycling Industries, Inc., April 25, 2006, or other standards from |
|
|
a comparable nationally recognized organization. |
|
|
SECTION 14. Sections 361.965(b), (c), and (d), Health and |
|
|
Safety Code, are amended to read as follows: |
|
|
(b) A person who submits a bid for a contract with a state |
|
|
agency for the purchase or lease of a television or computer |
|
|
equipment must be in compliance with this subchapter. |
|
|
(c) A state agency that purchases or leases a television or |
|
|
computer equipment shall require each prospective bidder to certify |
|
|
the bidder's compliance with this subchapter. Failure to provide |
|
|
that certification renders the prospective bidder ineligible to |
|
|
participate in the bidding. |
|
|
(d) In considering bids for a contract for a television or |
|
|
computer equipment, in addition to any other preferences provided |
|
|
under other laws of this state, the state shall give special |
|
|
preference to a manufacturer that has a program to recycle the |
|
|
television or computer equipment of other manufacturers, including |
|
|
collection events and manufacturer initiatives to accept |
|
|
televisions or computer equipment labeled with another |
|
|
manufacturer's brand. |
|
|
SECTION 15. Section 361.966(a), Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
(a) If federal law establishes a national program for the |
|
|
collection and recycling of televisions or computer equipment and |
|
|
the commission determines that the federal law substantially meets |
|
|
the purposes of this subchapter, the commission may adopt an agency |
|
|
statement that interprets the federal law as preemptive of this |
|
|
subchapter. |
|
|
SECTION 16. Section 7.052(b-1), Water Code, is amended to |
|
|
read as follows: |
|
|
(b-1) The amount of the penalty assessed against a |
|
|
manufacturer that does not label its televisions or computer |
|
|
equipment or adopt and implement a recovery plan as required by |
|
|
Section 361.955, Health and Safety Code, may not exceed $10,000 for |
|
|
the second violation or $25,000 for each subsequent violation. A |
|
|
penalty under this subsection is in addition to any other penalty |
|
|
that may be assessed for a violation of Subchapter Y, Chapter 361, |
|
|
Health and Safety Code. |
|
|
SECTION 17. (a) In this section, "television" has the |
|
|
meaning assigned by Section 361.952, Health and Safety Code. |
|
|
(b) The Texas Commission on Environmental Quality shall |
|
|
adopt any rules required to implement the amendments made by this |
|
|
Act to Subchapter Y, Chapter 361, Health and Safety Code, not later |
|
|
than May 1, 2010. |
|
|
(c) The Texas Commission on Environmental Quality may not |
|
|
enforce the change in law made by this Act applicable to televisions |
|
|
under Subchapter Y, Chapter 361, Health and Safety Code, before |
|
|
September 1, 2010. |
|
|
(d) The reports required under Section 361.955, Health and |
|
|
Safety Code, as amended by this Act, and Section 361.961, Health and |
|
|
Safety Code, to the extent that they apply to televisions, are not |
|
|
required to be prepared or submitted for the first time before the |
|
|
dates specified by those sections in 2012. |
|
|
(e) Notwithstanding the 60-day limit under Section |
|
|
361.959(d) or (e), Health and Safety Code, as amended by this Act, a |
|
|
retailer may sell any television inventory accrued before the |
|
|
effective date of this Act without incurring a penalty. |
|
|
SECTION 18. This Act takes effect September 1, 2009. |