SENATE BILL No. 448

 

 

August 20, 2019, Introduced by Senator IRWIN and referred to the Committee on Appropriations.

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 17303 and 17317 (MCL 324.17303 and 324.17317),

 

as amended by 2015 PA 82.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 17303. (1) By Within 30 days after the end of each state

 

fiscal year, a manufacturer that sells or offers for sale to any

 

person in this state a new covered electronic device shall register

 

with the department on a form provided by the department. The A

 

registration expires 30 days after the end of the following state

 

fiscal year in which the registration is required to be filed. A

 

manufacturer who has not already filed a registration under this

 

part shall submit a registration within 10 business days after the

 

manufacturer begins to sell or offer for sale new covered

 

electronic devices in this state.

 

     (2) A registration under subsection (1) shall include all of

 

the following:

 

     (a) The manufacturer's name, address, and telephone number.

 

     (b) Each brand name under which the manufacturer sells or

 

offers for sale covered electronic devices in this state.

 

     (c) Information about the manufacturer's electronic device

 

takeback program, including all of the following:

 

     (i) Information provided to consumers on how and where to

 

return covered electronic devices labeled with the manufacturer's

 

name or brand label.

 

     (ii) The means by which information described in subparagraph

 

(i) is disseminated to consumers, including the relevant website

 

address if the internet is used.

 

     (iii) Beginning with the first registration submitted after

 

the implementation of the takeback program, a report on the

 

implementation of the takeback program during the prior state

 

fiscal year, including all of the following:

 

     (A) The total weight of the covered electronic devices

 

received by the takeback program from consumers during the prior

 

state fiscal year.

 

     (B) The processes and methods used to recycle or reuse the

 

covered electronic devices received from consumers.

 

     (C) The identity of any collector or recycler with whom the

 

manufacturer contracts for the collection or recycling of covered

electronic devices received from consumers. The identity of a

 

recycler shall include the addresses of that recycler's recycling

 

facilities in this state, if any. The identity of a collector or

 

recycler reported under this subparagraph is exempt from disclosure

 

under the freedom of information act, 1976 PA 442, MCL 15.231 to

 

15.246, and shall not be disclosed by the department unless

 

required by court order.

 

     (3) A registration is effective upon receipt by the department

 

if the registration is administratively complete.

 

     (4) If a manufacturer's registration does not meet the

 

requirements of this section and any rules promulgated under this

 

part, the department shall notify the manufacturer of the

 

deficiency. If the manufacturer fails to correct the deficiency

 

within 60 days after notice is sent by the department, the

 

department may deny or revoke the manufacturer's registration,

 

after providing an opportunity for a contested case hearing under

 

the administrative procedures act of 1969, 1969 PA 306, MCL 24.201

 

to 24.328.

 

     (5) A registration is valid until October 30 of each year. A

 

manufacturer of covered electronic devices shall update its

 

registration within 10 business days after a change in the brands

 

of covered electronic devices from that manufacturer sold or

 

offered for sale in this state.

 

     (6) Until October 1, 2019, 2023, a manufacturer's registration

 

shall be accompanied by an annual fee of $3,000.00. However, if the

 

amount of money in the fund on December 31 of any year is greater

 

than $600,000.00, the department shall not collect manufacturers'

registration fees for the following state fiscal year.

 

     (7) Revenue from manufacturers' registration fees collected

 

under this section shall be deposited in the electronic waste

 

recycling fund created in section 17327.

 

     (8) The department shall maintain on its website a list of

 

registered manufacturers of computers and a list of registered

 

manufacturers of video display devices and the website addresses at

 

which they provide information on recycling covered electronic

 

devices.

 

     (9) Not later than October 1, 2011 and every 2 years after

 

that date, the department shall submit a report to the secretary of

 

the senate and to the clerk of the house of representatives that

 

assesses the adequacy of the fees under this section and any

 

departmental recommendation to modify those fees.

 

     Sec. 17317. (1) By Within 30 days after the end of each state

 

fiscal year, a person who engages in the business of recycling

 

covered electronic devices shall register with the department on a

 

form provided by the department. The A registration expires 30 days

 

after the end of the following state fiscal year in which the

 

registration is required to be filed. A recycler who has not

 

already filed a registration under this part shall submit a

 

registration within 10 business days after the recycler begins to

 

recycle covered electronic devices.

 

     (2) A registration under subsection (1) shall include all of

 

the following:

 

     (a) The name, address, telephone number, and location of all

 

recycling facilities that are under the direct control of the

recycler, are located in this state, that and may receive covered

 

electronic devices.

 

     (b) A certification by the recycler that the recycler

 

substantially meets the requirements of section 17315.

 

     (3) Beginning October 30, 2010, a A recycler of covered

 

electronic devices shall report the total weight of covered

 

electronic devices recycled during the previous state fiscal year.

 

The recycler shall keep a written log that records the weight of

 

covered video display devices and the total weight of covered

 

computers delivered to the recycler and identified as such on

 

receipt. The total weight reported in the registration shall be

 

based on this log.

 

     (4) A recycler's registration is effective upon receipt by the

 

department if the registration is administratively complete.

 

     (5) If a recycler's registration does not meet the

 

requirements of this section and any rules promulgated under this

 

part, the department shall notify the recycler of the deficiency.

 

If the recycler fails to correct the deficiency within 60 days

 

after notice is sent by the department, the department may deny or

 

revoke the recycler's registration, after providing an opportunity

 

for a contested case hearing under the administrative procedures

 

act of 1969, 1969 PA 306, MCL 24.201 to 24.328.

 

     (6) Until October 1, 2019, 2023, a recycler's registration

 

under subsection (1) shall be accompanied by an annual fee of

 

$2,000.00.

 

     (7) Revenue from recyclers' registration fees collected under

 

this section shall be deposited in the electronic waste recycling

fund created in section 17327.

 

     (8) Submitting a false registration under subsection (1) is a

 

violation of this part.

 

     (9) Not later than October 1, 2011 and every 2 years after

 

that date, the department shall submit a report to the secretary of

 

the senate and to the clerk of the house of representatives that

 

assesses the adequacy of the fees under this section and any

 

departmental recommendation to modify those fees.