NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
324.17313 Electronic waste advisory council; creation; members; appointments; term; vacancy; removal; co-chairs; meeting; quorum; business conducted at public meeting; writings; compensation prohibited; report; dissolution.
(1) The electronic waste advisory council is created within the legislative branch of state government. The council shall consist of the following members:
(a) Four individuals appointed by the senate majority leader as follows:
(i) One individual representing covered video display device manufacturers.
(ii) One individual representing recyclers of covered computers or covered video display devices.
(iii) One individual representing a trade association of computer manufacturers and video display device manufacturers.
(iv) One individual who is a member of the senate.
(b) Four individuals appointed by the speaker of the house of representatives as follows:
(i) One individual representing covered computer manufacturers.
(ii) One individual representing retailers of covered computers or covered video display devices.
(iii) One individual representing an agency responsible for a countywide recycling program.
(iv) One individual who is a member of the house of representatives.
(c) Two individuals appointed by the governor as follows:
(i) One individual representing a statewide conservation organization.
(ii) One individual representing the department.
(2) The appointments to the council under subsection (1) shall be made not later than 30 days after the effective date of the amendatory act that added this section.
(3) A member of the council shall serve for the life of the council. If a vacancy occurs on the council, the vacancy shall be filled for the unexpired term in the same manner as the original appointment. The appointing official may remove a member of the council for incompetence, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office, or any other good cause.
(4) The council member who is a member of the senate and the council member who is a member of the house of representatives shall serve as co-chairs of the council. The first meeting of the council shall be called by the co-chairs. At the first meeting, the council shall elect from among its members any other officers that it considers necessary or appropriate. After the first meeting, the council shall meet at least quarterly, or more frequently at the call of a co-chair or if requested by 2 or more members.
(5) A majority of the members of the council constitute a quorum for the transaction of business at a meeting of the council. A majority of the members present and serving are required for official action of the council.
(6) The business that the council may perform shall be conducted at a public meeting of the council held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. A writing prepared, owned, used, in the possession of, or retained by the council in the performance of an official function is subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(7) Members of the council shall serve without compensation. However, the member of the council representing the department shall serve without additional compensation.
(8) By April 1, 2012, the council shall submit a report to the governor, the department, and the standing committees of the legislature with jurisdiction over issues primarily pertaining to natural resources and the environment. The report shall evaluate the program under this part and make recommendations to improve the recycling of covered electronic devices. The report shall evaluate all of the following in light of the policies and objectives set forth in section 11514:
(a) Whether a manufacturer's market share should be used to determine the amount of video display devices required to be recycled annually by the manufacturer.
(b) Whether a manufacturer with a takeback program that recycles electronic waste at a higher rate than provided for in this part should be granted credits and, if so, the life of the credits, whether the credits would be transferable, and how the credit system should otherwise operate.
(c) Whether the nonbinding target for manufacturers recycling covered video display devices under section 17311 should be increased or decreased and whether the target should be made mandatory.
(d) What items should be included in a mandatory takeback program and, if new items are recommended, what the recycling rates should be for those new items.
(e) Whether and how a manufacturer should be sanctioned for failing to meet the requirements of this part.
(f) Whether funding for the administration of this part is appropriate or needs to be increased or decreased.
(g) Whether a program should be developed to recognize manufacturers that implement an expanded recycling program for additional products such as printers or recycles electronic waste at a higher rate than provided for in this part.
(h) Whether a system should be developed to collect covered electronic devices that are otherwise not collected by a manufacturer.
(i) Whether additional recycling data, such as the amount of covered electronic devices collected by collectors, should be collected and, if so, how.
(j) Whether a program should be developed and funding should be obtained for grants to expand recycling and recovery programs for covered electronic devices and to provide consumer education related to the programs.
(k) Whether a disposal ban for covered electronic devices is appropriate.
(9) The council is dissolved effective July 1, 2012.
History: Add. 2008, Act 394, Imd. Eff. Dec. 29, 2008
Popular Name: Act 451
Popular Name: NREPA
© 2009 Legislative Council, State of Michigan