April 28, 2015, Introduced by Senators WARREN, HOPGOOD, ANANICH and BIEDA and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 17301, 17305, 17307, and 17309 (MCL 324.17301,
324.17305, 324.17307, and 324.17309), sections 17301, 17307, and
17309 as added by 2008 PA 394; and to repeal acts and parts of
acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 17301. As used in this part:
(a) "Collector" means a person who receives covered electronic
devices from consumers and arranges for the delivery of the covered
electronic devices to a recycler.
(b)
"Computer" means a desktop personal computer, or
a laptop
computer,
a tablet computer, a computer monitor, or beginning April
1,
2011, a printer. Computer does not
include any of the following:
(i) A personal digital assistant device or mobile telephone.
(ii) A computer peripheral device, including a mouse or other
similar pointing device, or a detachable or wireless keyboard.
(c)
"Computer takeback program" means a program required under
section
17305(c).
(c) (d)
"Consumer" means a person
who used a covered
electronic device primarily for personal or small business purposes
in this state.
(d) "Consumer electronics takeback program" means a consumer
electronics takeback program required under section 17309.
(e) "Covered computer" means a computer that was or will be
used primarily for personal or small business purposes in this
state. Covered computer does not include a device that is
functionally or physically a part of, or connected to, or
integrated within a larger piece of equipment or system designed
and intended for use in an industrial, governmental, commercial,
research and development, or medical setting, including, but not
limited to, diagnostic, monitoring, or control products, medical
products approved under the federal food, drug, and cosmetic act,
21
USC 301 to 399, 399f, equipment used for security, sensing,
monitoring, antiterrorism, or emergency services purposes, or
equipment designed and intended primarily for use by professional
users.
(f) "Covered electronic device" means a covered computer, a
mobile telephone, or a covered video display device.
(g) "Covered video display device" means a video display
device that was or will be used primarily for personal or small
business purposes in this state. Covered video display device does
not include a device that is functionally or physically a part of,
or connected to, or integrated within a larger piece of equipment
or system designed and intended for transportation or use in an
industrial, governmental, commercial, research and development, or
medical setting, including, but not limited to, diagnostic,
monitoring, or control products, medical products approved under
the
federal food, drug, and cosmetic act, 21 USC 301 to 399, 399f,
equipment used for security, sensing, monitoring, antiterrorism, or
emergency services purposes, or equipment designed and intended
primarily for use by professional users.
(h) "Department" means the department of environmental
quality.
(i) "Electronic device takeback program" or "takeback program"
means
a computer consumer
electronics takeback program or a video
display device takeback program.
(j) "Manufacturer", subject to subdivision (k), means any of
the following:
(i) The person who owns the brand with which a covered computer
is labeled.
(ii) The person who owns the brand with which a mobile
telephone is labeled.
(iii) (ii) The
person who owns or is licensed to use the brand
with which a covered video display device is labeled.
(iv) (iii) If the
brand owner does not do business in the United
States, the person on whose account a covered electronic device was
imported into the United States.
(v) (iv) A
person who contractually assumes the
responsibilities and obligations of a person described under
subparagraph
(i), (ii), or (iii), or
(iv).
(k) Manufacturer does not include a person unless the person
manufactured,
sold, or imported more than 50 covered computers in
2000
or any subsequent calendar year or
mobile telephones or more
than 50 covered video display devices in the previous calendar
year.
(l) "Printer" means a printer or a multifunction or "all-in-
one" device that in addition to printing performs 1 or more other
operations such as copying, scanning, or faxing, that is designed
to be placed on a desk or other work surface, and that may use any
of various print technologies, such as laser and LED
(electrographic), ink jet, dot matrix, thermal, or digital
sublimation. Printer does not include a floor-standing printer, a
printer with an optional floor stand, a point of sale (POS) receipt
printer, a household printer such as a calculator with printing
capabilities or a label maker, or a non-stand-alone printer that is
embedded into a product other than a covered computer.
(m) "Recycler" means a person who as a principal component of
business operations acquires covered electronic devices and sorts
and processes the covered electronic devices to facilitate
recycling or resource recovery techniques. Recycler does not
include a collector, hauler, or electronics shop.
(n) "Retailer" means a person that sells a covered electronic
device to a consumer by any means, including transactions conducted
through
sales outlets, catalogs, mail order, or the internet,
Internet, whether or not the person has a physical presence in this
state.
(o) "Small business" means a business with 10 or fewer
employees.
(p) "Video display device" means an electronic device with a
viewable screen of 4 inches or larger that contains a tuner that
locks on to a selected carrier frequency and is capable of
receiving and displaying television or video programming via
broadcast, cable, or satellite. Video display device includes, but
is not limited to, a direct view or projection television whose
display technology is based on cathode ray tube (CRT), plasma,
liquid crystal (LCD), digital light processing (DLP), liquid
crystal on silicon (LCOS), silicon crystal reflective display
(SXRD), light emitting diode (LED), or similar technology.
(q) "Video display device takeback program" means a video
display
takeback program required under section
17305(d).17311.
Sec.
17305. Beginning April 1, 2010, a A manufacturer shall
not sell or offer for sale to any person in this state a new
covered electronic device, whether through sales outlets, catalogs,
mail
order, the internet, Internet,
or any other means, unless all
of the following requirements are met:
(a) The covered electronic device is labeled with the
manufacturer's name or brand label, owned by or, in the case of a
video display device, licensed for use by the manufacturer.
(b) The manufacturer's name appears on the applicable
registration list maintained by the department under section 17303.
(c) If the covered electronic device is a covered computer or
mobile
telephone, the manufacturer has a
computer a consumer
electronics takeback program as described in section 17309.
(d) If the covered electronic device is a covered video
display device, the manufacturer has a video display device
takeback program as described in section 17311.
Sec. 17307. A retailer shall not sell or offer for sale to any
person in this state a new covered electronic device from a
manufacturer ,
purchased by the retailer on or after April 1, 2010
unless the manufacturer appears on the applicable registration list
under section 17303.
Sec.
17309. (1) Beginning April 1, 2010, each Each
manufacturer of covered computers or mobile telephones shall
implement
a computer consumer
electronics takeback program that
meets all of the following criteria:
(a) The manufacturer of a covered computer or mobile telephone
that has reached the end of its useful life for the consumer or the
manufacturer's designee accepts from the consumer the covered
computer or mobile telephone. This part shall not be construed to
impair the obligation of a contract under which a person agrees to
conduct
a computer consumer
electronics takeback program on behalf
of a manufacturer.
(b) A consumer is not required to pay a separate fee when the
consumer returns the covered computer or mobile telephone to the
manufacturer of that covered computer or mobile telephone or the
manufacturer's designee.
(c) The collection of covered computers or mobile telephones
is reasonably convenient and available to and otherwise designed to
meet the needs of consumers in this state. Examples of collection
methods that alone or combined meet the convenience requirements of
this subdivision include systems for a consumer to return a covered
computer or mobile telephone by 1 or more of the following means:
(i) Mail or common carrier shipper.
(ii) Deposit at a local physical collection site that is kept
open and staffed on a continuing basis.
(iii) Deposit during periodic local collection events.
(iv) Deposit with a retailer.
(d) The manufacturer of a covered computer or mobile telephone
provides a consumer information on how and where to return the
covered computer or mobile telephone, including, but not limited
to, collection, recycling, and reuse information on the
manufacturer's publicly available website. The manufacturer may
also include collection, recycling, and reuse information in the
packaging for or in other materials that accompany the
manufacturer's covered computers or mobile telephones when the
covered computers or mobile telephones are sold or provide that
information via a toll-free telephone number.
(e) The manufacturer recycles or arranges for the recycling of
any covered computers or mobile telephones collected under
subdivision (a).
(2)
A manufacturer's computer consumer
electronics takeback
program is not required to accept more than 7 covered computers or
mobile telephones from a single consumer on a single day.
(3)
A manufacturer may conduct a computer consumer electronics
takeback program alone or in conjunction with other manufacturers.
A manufacturer may arrange for the collection and recycling of
covered computers or mobile telephones by another person to fulfill
the manufacturer's obligations under this section.
Enacting section 1. Section 17313 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.17313, is
repealed.
Enacting section 2. This amendatory act takes effect 90 days
after the date it is enacted into law.