Introduced Version






HOUSE BILL No. 1289

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 13-11-2; IC 13-20.5.

Synopsis: Electronic waste. Requires manufacturers of household televisions and computer monitors that contain cathode ray tubes or flat panel screens greater than nine inches measured diagonally to recycle an amount of certain electronic devices that is equal to: (1) at least 60% of the total weight of these video display devices sold to households during the preceding year for the manufacturer's initial recycling program year; and (2) at least 80% of the total weight of these video display devices sold to households during the preceding year for the manufacturer's second program year and every program year thereafter. Requires: (1) manufacturers and retailers of video display devices; and (2) collectors and recyclers of certain electronic devices; to register with the department of environmental management. Provides that before September 1, 2008, and September 1 of each year thereafter, a manufacturer must pay the department a registration fee of: (1) $5,000 for the initial program year during which a manufacturer's video display devices are sold to households; and (2) $2,500 for each year thereafter plus a variable recycling fee based on the amount of electronic devices recycled by a manufacturer from households during the previous year. Requires the registration fees to be deposited in the electronic waste fund. Provides that the fund is established to implement the electronic waste recycling program.

Effective: July 1, 2008.





Avery




    January 15, 2008, read first time and referred to Committee on Environmental Affairs.







Introduced

Second Regular Session 115th General Assembly (2008)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2007 Regular Session of the General Assembly.

HOUSE BILL No. 1289



    A BILL FOR AN ACT to amend the Indiana Code concerning environmental law and to make an appropriation.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 13-11-2-23.5; (08)IN1289.1.1. -->     SECTION 1. IC 13-11-2-23.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 23.5. "Cathode ray tube", for purposes of this chapter and IC 13-20.5, means a vacuum tube or picture tube used to convert an electronic signal into a visual image.
SOURCE: IC 13-11-2-31.1; (08)IN1289.1.2. -->     SECTION 2. IC 13-11-2-31.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 31.1. (a) "Collection", for purposes of IC 13-20.5, means the accumulation of covered electronic devices from households.
    (b) The term includes all collection activities up to the time the covered electronic devices are delivered to a recycler.

SOURCE: IC 13-11-2-31.2; (08)IN1289.1.3. -->     SECTION 3. IC 13-11-2-31.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 31.2. "Collector", for purposes of this chapter and IC 13-20.5, means a public or private entity that:
        (1) receives covered electronic devices from households; and
        (2) arranges for the delivery of the covered electronic devices to a recycler.

SOURCE: IC 13-11-2-38.1; (08)IN1289.1.4. -->     SECTION 4. IC 13-11-2-38.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 38.1. (a) "Computer", for purposes of this chapter and IC 13-20.5, means an electronic, a magnetic, an optical, an electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions.
    (b) The term does not include an automated typewriter or typesetter, a portable handheld calculator or device, or other similar device.

SOURCE: IC 13-11-2-38.2; (08)IN1289.1.5. -->     SECTION 5. IC 13-11-2-38.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 38.2. (a) "Computer monitor", for purposes of this chapter and IC 13-20.5, means an electronic device that is:
        (1) a cathode ray tube or flat panel display; and
        (2) primarily intended to display information from a central processing unit or the Internet.
    (b) The term includes a laptop computer.

SOURCE: IC 13-11-2-47.5; (08)IN1289.1.6. -->     SECTION 6. IC 13-11-2-47.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 47.5. "Covered electronic device", for purposes of this chapter and IC 13-20.5, means a computer, peripheral, facsimile machine, DVD player, video cassette recorder, or video display device that is sold to a household by means of retail, wholesale, or electronic commerce.
SOURCE: IC 13-11-2-61.3; (08)IN1289.1.7. -->     SECTION 7. IC 13-11-2-61.3 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 61.3. "Dwelling", for purposes of this chapter and IC 13-20.5, means a building, a structure, or another enclosed space that is:
        (1) permanent or temporary;
        (2) movable or fixed; and
        (3) an individual's home or place of lodging.

SOURCE: IC 13-11-2-103.9; (08)IN1289.1.8. -->     SECTION 8. IC 13-11-2-103.9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 103.9. "Household", for purposes of sections 31.1, 31.2, 47.5, 179.9, 180, 180.1, 194, and 245.4 of this chapter and IC 13-20.5, means the occupants of a dwelling located

in Indiana who use a video display device at the dwelling primarily for personal use.

SOURCE: IC 13-11-2-126; (08)IN1289.1.9. -->     SECTION 9. IC 13-11-2-126 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 126. (a) "Manufacturer", for purposes of IC 13-20-16, means a person who is engaged in the business of making lead acid batteries:
        (1) in Indiana; or
        (2) for sale in Indiana.
    (b) "Manufacturer", for purposes of IC 13-27.5, means a manufacturer in Indiana operating under standard industrial classification codes twenty (20) through thirty-nine (39) in the Standard Industrial Classification Manual of the United States Office of Management and Budget.
    (c) "Manufacturer", for purposes of IC 13-20-17.5, means any individual, corporation, limited liability company, partnership, trust, estate, or unincorporated association that:
        (1) produces in the United States a mercury-added product that does not consist of multiple components produced by separate entities;
        (2) is the last entity to produce or assemble in the United States a mercury-added product that consists of multiple components produced by separate entities; or
        (3) domestically distributes a mercury-added product produced in a foreign country.
    (d) "Manufacturer", for purposes of sections 179.9, 180.1, 195.7, and 245.4 of this chapter and IC 13-20.5, means a person that:
        (1) manufactures video display devices to be sold under the person's own brand as identified by the person's own brand label; or
        (2) sells video display devices manufactured by others under the person's own brand as identified by the person's own brand label.

SOURCE: IC 13-11-2-156.5; (08)IN1289.1.10. -->     SECTION 10. IC 13-11-2-156.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 156.5. "Peripheral", for purposes of this chapter and IC 13-20.5, means a keyboard, a printer, or any other device that:
        (1) is sold exclusively for external use with a computer; and
        (2) provides input or output into or from a computer.

SOURCE: IC 13-11-2-172.1; (08)IN1289.1.11. -->     SECTION 11. IC 13-11-2-172.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 172.1. "Program year", for

purposes of this chapter and IC 13-20.5, means the period:
        (1) beginning July 1 in a year; and
        (2) ending June 30 of the following year.

SOURCE: IC 13-11-2-179.9; (08)IN1289.1.12. -->     SECTION 12. IC 13-11-2-179.9 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 179.9. (a) "Recycler", for purposes of sections 31.1 and 31.2 of this chapter and IC 13-20.5, means a public or private individual or entity that accepts covered electronic devices from households and collectors for the purpose of recycling.
    (b) The term does not include a manufacturer that accepts products for refurbishment or repair.

SOURCE: IC 13-11-2-180; (08)IN1289.1.13. -->     SECTION 13. IC 13-11-2-180 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 180. (a) "Recycling", for purposes of IC 13-20-17.5 and IC 13-21, means a process by which materials that would otherwise become solid waste are:
        (1) collected;
        (2) separated or processed; and
        (3) converted into materials or products for reuse or sale.
    (b) "Recycling", for purposes of section 179.9 of this chapter and IC 13-20.5, means the process of collecting and preparing video display devices or covered electronic devices for use in manufacturing processes or for recovery of useable materials followed by delivery of the materials for use. The term does not include the following:
        (1) Destruction of recyclable materials by incineration or another process.
        (2) Land disposal of recyclable materials.
        (3) Reuse, repair, or any other process through which video display devices or covered electronic devices are returned to use for households in their original form.

SOURCE: IC 13-11-2-180.1; (08)IN1289.1.14. -->     SECTION 14. IC 13-11-2-180.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 180.1. "Recycling credits", for purposes of IC 13-20.5, means the result of:
        (1) the number of pounds of covered electronic devices recycled by a manufacturer from households during a program year; minus
        (2) the product of:
            (A) the number of pounds of video display devices sold to households during the same program year; multiplied by
            (B) the proportion of sales a manufacturer is required to

recycle.

SOURCE: IC 13-11-2-194; (08)IN1289.1.15. -->     SECTION 15. IC 13-11-2-194 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 194. (a) "Retailer", for purposes of IC 13-20-14, means a person engaged in the business of selling new tires at retail in Indiana.
    (b) "Retailer", for purposes of IC 13-20-16, means a person engaged in the business of selling lead acid batteries at retail in Indiana.
     (c) "Retailer", for purposes of section 195.7 of this chapter and IC 13-20.5, means a person that sells, rents, or leases, through sales outlets, catalogs, or the Internet, a video display device to a household and not for resale in any form.
SOURCE: IC 13-11-2-195.7; (08)IN1289.1.16. -->     SECTION 16. IC 13-11-2-195.7 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 195.7. (a) "Sale" or "sell" means a transfer for consideration of title or of the right to use by a:
        (1) lease or sales contract, including transactions conducted through sales outlets, catalogs, or the Internet, or any other similar electronic means either inside or outside Indiana; and
        (2) person that conducts the transaction and controls the delivery of a video display device to a consumer in Indiana.
    (b) The term does not include a manufacturer's or distributor's wholesale transaction with a distributor or retailer.

SOURCE: IC 13-11-2-230.1; (08)IN1289.1.17. -->     SECTION 17. IC 13-11-2-230.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 230.1. "Television", for purposes of this chapter and IC 13-20.5, means an electronic device that is:
        (1) a cathode ray tube or flat panel display; and
        (2) primarily intended to receive:
            (A) video programming via broadcast, cable, or satellite transmission; or
            (B) video from surveillance or other similar cameras.

SOURCE: IC 13-11-2-245.4; (08)IN1289.1.18. -->     SECTION 18. IC 13-11-2-245.4 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 245.4. (a) "Video display device", for purposes of this chapter and IC 13-20.5, means a television or computer monitor, including a laptop computer, that:
        (1) contains a cathode ray tube or flat panel screen with a screen size that is greater than nine (9) inches measured diagonally; and
        (2) is marketed by manufacturers for use by households.
    (b) The term does not include the following:
        (1) A video display device that is 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.
        (2) A video display device, including a touch screen display, that is functionally or physically part of a larger piece of equipment or is designed and intended for use in:
            (A) an industrial;
            (B) a commercial, including retail;
            (C) a library checkout;
            (D) a traffic control;
            (E) a security, other than household security;
            (F) a border control; or
            (G) a medical;
        setting, including diagnostic, monitoring, or control equipment.
        (3) A video display device that is contained within any of the following:
            (A) Clothes washer or dryer.
            (B) Refrigerator or refrigerator and freezer.
            (C) Microwave oven or conventional oven or range.
            (D) Dishwasher.
            (E) Room air conditioner, dehumidifier, or air purifier.
        (4) A telephone of any type unless it contains a video display area greater than nine (9) inches measured diagonally.

SOURCE: IC 13-20.5; (08)IN1289.1.19. -->     SECTION 19. IC 13-20.5 IS ADDED TO THE INDIANA CODE AS A NEW ARTICLE TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]:
     ARTICLE 20.5. ELECTRONIC WASTE
    Chapter 1. Registration Programs
    Sec. 1. (a) After August 31, 2008, a manufacturer of video display devices sold or offered for sale to households shall submit a registration to the department that includes the following:
        (1) A list of the brands of video display devices offered for sale in Indiana by the manufacturer.
        (2) The name, address, and contact information of a person responsible for ensuring compliance with this article. The department shall post the contact information provided by each manufacturer on an Internet web site.
        (3) A certification that the manufacturer has complied and will continue to comply with the requirements of this article.
    (b) Before September 1, 2009, and before September 1 of each year thereafter, a manufacturer of video display devices sold or

offered for sale to a household shall include in the registration submitted under subsection (a) a statement that discloses if:
        (1) any video display devices sold to households exceed the maximum concentration values established:
            (A) for lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (pbbs), and polybrominated diphenyl ethers (pbdes); and
            (B) under the directive restricting the use of certain hazardous substances in electrical and electronic equipment (RoHS Directive) 2002/95/EC of the European Parliament and Council, as amended; or
        (2) the manufacturer has received an exemption from any of the maximum concentration values under the RoHS Directive that has been approved and published by the European Commission.
    (c) A manufacturer who:
        (1) begins to sell or offer for sale video display devices to households after August 31, 2008; and
        (2) has not submitted a registration under subsection (a);
shall submit a registration to the department not more than ten (10) days after the date the manufacturer begins to sell or offer for sale video display devices to households.
    (d) A manufacturer shall update a registration not more than ten (10) days after the date the manufacturer changes the manufacturer's brands of video display devices sold or offered for sale to households.
    Sec. 2. After August 31, 2008, a manufacturer may not sell, offer for sale, or deliver to a retailer for subsequent sale a new video display device unless:
        (1) the video display device is labeled with the manufacturer's brand that is permanently affixed and readily visible; and
        (2) the manufacturer has submitted a registration to the department under section 1 of this chapter.
    Sec. 3. (a) After January 31, 2009, a retailer that sells or offers for sale a new video display device to a household shall, before the initial offer for sale, determine that each new video display device that the retailer will offer for sale is labeled with a manufacturer's brand that is registered with the department.
    (b) A retailer is not responsible for an unlawful sale under this article if:
        (1) the manufacturer's registration expired or was revoked;
        (2) the retailer took possession of the video display device

before the expiration or revocation of the manufacturer's registration; and
        (3) the unlawful sale occurred not more than six (6) months after the date the manufacturer's registration expired or was revoked.
    Sec. 4. (a) A registration received from a manufacturer by the department under this chapter is:
        (1) effective upon receipt by the department; and
        (2) valid until September 1 of the following year.
    (b) The department shall review each registration and notify a manufacturer of any information required by this chapter that is omitted from the registration. Not more than thirty (30) days after the date a manufacturer receives notification from the department concerning incomplete information in a registration, the manufacturer shall submit a revised registration that includes the information required by the department.
    (c) The department shall maintain on an Internet web site the names of manufacturers and the manufacturers' brands listed in registrations submitted to the department. The department shall update the Internet web site information promptly upon receipt of a new or updated registration. The Internet web site must contain prominent language stating that:
        (1) this article is directed at household equipment; and
        (2) the manufacturers' brands list is not a list of manufacturers qualified to sell to industrial, commercial, or other markets identified as exempt from the requirements of this article.
    Sec. 5. (a) After August 1, 2008, a person may not operate as a collector of covered electronic devices from households unless the person has submitted a registration to the department on a form prescribed by the commissioner.
    (b) Registration information must include the following:
        (1) The name, address, telephone number, and location of the person's business.
        (2) A certification that the collector has complied with and will continue to comply with the requirements of this article.
    (c) A registration submitted under this section is:
        (1) effective upon receipt by the department; and
        (2) valid until July 1 of the following year.
    Sec. 6. (a) After August 1, 2008, a person may not recycle video display devices generated by households unless the person has submitted a registration to the department on a form prescribed by

the commissioner.
    (b) Registration information must include the name, address, telephone number, and location of all recycling facilities under the direct control of the recycler that may receive video display devices from households and a certification that the recycler has complied and will continue to comply with the requirements of this article.
    (c) A registered recycler may conduct recycling activities that are consistent with this article.
    (d) A registration submitted under this section is:
        (1) effective upon receipt by the department; and
        (2) valid until July 1 of the following year.
    Sec. 7. The department may revoke the registration of a collector or recycler that violates this article.
    Chapter 2. Manufacturer's Registration Fee; Electronic Waste Fund
    Sec. 1. (a) Before September 1, 2008, and before September 1 of each year thereafter, a manufacturer that registers under IC 13-20.5-1 shall pay to the department an annual registration fee. The department shall deposit the fee in the electronic waste fund established by section 2 of this chapter.
    (b) The registration fee for the initial program year during which a manufacturer's video display devices are sold to households is five thousand dollars ($5,000). Each year thereafter, the registration fee is equal to a base fee of two thousand five hundred dollars ($2,500) plus a variable recycling fee determined in STEP FOUR of the following formula:
        STEP ONE: Multiply the number of pounds of a manufacturer's video display devices sold to households during the previous program year, as reported to the department under IC 13-20.5-3-1(a), by the proportion of sales of video display devices required to be recycled under IC 13-20.5-4-1, set at:
            (A) six-tenths (0.6) for the initial program year; and
            (B) eight-tenths (0.8) for the second program year and every program year thereafter.
        STEP TWO: Add the number of pounds of covered electronic devices recycled by a manufacturer from households during the previous program year, as reported to the department under IC 13-20.5-3-1(b), to the number of recycling credits a manufacturer elects to use to calculate the variable recycling fee, as reported to the department under IC 13-20.5-3-1(c).
        STEP THREE: Subtract the number of pounds determined in

STEP TWO from the number of pounds determined in STEP ONE.
        STEP FOUR: Multiply the greater of zero (0) or the number of pounds determined in STEP THREE by the per pound cost of recycling established as follows:
            (A) Fifty cents ($0.50) per pound for manufacturers that recycle less than fifty percent (50%) of the number of pounds determined in STEP ONE.
            (B) Forty cents ($0.40) per pound for manufacturers that recycle at least fifty percent (50%) but less than ninety percent (90%) of the number of pounds determined in STEP ONE.
            (C) Thirty cents ($0.30) per pound for manufacturers that recycle at least ninety percent (90%) of the number of pounds determined in STEP ONE.
    (c) A manufacturer may retain recycling credits to be added, in whole or in part, to the actual number of pounds of covered electronic devices recycled by a manufacturer from households during the previous program year, as reported to the department under IC 13-20.5-3, during any of the three (3) succeeding program years. A manufacturer may sell any part or all of its recycling credits to another manufacturer, at a price negotiated by the parties, which may use the credits in the same manner.
    (d) Notwithstanding subsection (b), the registration fee for the initial program year and the base registration fee thereafter for a manufacturer that produces less than one hundred (100) video display devices for sale annually to households is one thousand two hundred fifty dollars ($1,250).
    Sec. 2. (a) The electronic waste fund is established to implement this article. The fund shall be administered by the department.
    (b) The expenses of administering the fund shall be paid from money in the fund.
    (c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public money may be invested. Interest that accrues from these investments shall be deposited in the fund.
    (d) Money in the fund at the end of a state fiscal year does not revert to the state general fund.
    (e) All money accruing to the fund is appropriated continuously for the purposes specified in subsection (a).
    (f) Beginning in the second program year and continuing each program year thereafter, as of the last day of each program year,

the department shall determine the total amount of the variable fees that were collected.
    (g) If the total fees collected by the commissioner in connection with this section exceed the amount the department determines necessary to operate the program for the new program year, the department shall refund on a pro rata basis, to all manufacturers that paid any fees for the previous program year, the amount of fees collected by the department that exceeds the amount necessary to operate the program for the new program year. The department is not required to refund amounts of less than one hundred dollars ($100) for a fiscal year. Manufacturers that report collections of less than fifty percent (50%) of their obligation for the previous program year are not eligible for a refund.
    Chapter 3. Reporting Requirements
    Sec. 1. (a) Before September 1, 2009, and before September 1 of each year thereafter, a manufacturer shall report to the department:
        (1) the total weight in pounds of each specific model of its video display devices sold to households during the previous program year;
        (2) the total weight in pounds of its video display devices sold to households during the previous year; or
        (3) an estimate of the total weight in pounds of its video display devices sold to households during the previous program year based on national sales data. A manufacturer shall submit with an estimate under this subdivision a description of how the information or estimate was calculated.
    (b) Before September 1, 2009, and before September 1 of each year thereafter, a manufacturer shall report to the department the total weight in pounds of covered electronic devices the manufacturer:
        (1) collected from households and recycled; or
        (2) arranged to have collected from households and recycled;
during the preceding program year.
    (c) Before September 1, 2009, and before September 1 of each year thereafter, a manufacturer shall report the following to the department:
        (1) The number of recycling credits the manufacturer has purchased and sold during the preceding program year.
        (2) The number of recycling credits possessed by the manufacturer that the manufacturer intends to use in the calculation of its variable recycling fee under IC 13-20.5-2.


        (3) The number of recycling credits the manufacturer retains at the beginning of the current program year.
    Sec. 2. Before August 1, 2009, and before August 1 of each year thereafter, a recycler of covered electronic devices shall:
        (1) report to the department the total weight in pounds of covered electronic devices recycled during the preceding program year; and
        (2) certify that the recycler has complied with IC 13-20.5-4.
    Sec. 3. Before August 1, 2009, and before August 1 of each year thereafter, a collector shall submit to the department a report that contains:
        (1) the total pounds of covered electronic devices collected in Indiana by the collector; and
        (2) a list of all recyclers to whom collectors delivered covered electronic devices.
    Chapter 4. Manufacturer Responsibilities
    Sec. 1. A manufacturer shall annually recycle or arrange for the collection and recycling of an amount of covered electronic devices equal to:
        (1) at least sixty percent (60%) of the total weight of its video display devices sold to households during the preceding program year
for the manufacturer's initial program year; and
        (2) at least eighty percent (80%) of the total weight of its video display devices sold to households during the preceding program year for the manufacturer's second program year and every program year thereafter.
    Sec. 2. The obligations of a manufacturer:
        (1) apply only to video display devices received from households; and
        (2) do not apply to video display devices received from sources other than households.
    Sec. 3. (a) A manufacturer shall conduct and document due diligence assessments of collectors and recyclers with which the manufacturer contracts to comply with this chapter.
    (b) A manufacturer is responsible for maintaining for three (3) years documentation showing that all video display devices recycled, partially recycled, or sent to downstream recycling operations comply with the requirements of this article.
    Sec. 4. A manufacturer shall provide the department with contact information for an individual who can be contacted regarding the manufacturer's activities under this article.
    Chapter 5. Recycler Responsibilities
    Sec. 1. (a) Subsection (b)(3) and (b)(4) does not apply to a nonprofit corporation that contracts with a correctional institution to refurbish and reuse donated computers in schools.
    (b) As part of the report submitted under IC 13-20.5-3-2, a recycler shall certify that facilities that recycle video display devices, including all downstream recycling operations:
        (1) comply with all applicable health, environmental, safety, and financial responsibility laws;
        (2) are licensed by all applicable governmental authorities;
        (3) do not use prison labor to recycle video display devices; and
        (4) possess liability insurance of at least one million dollars ($1,000,000) for environmental releases, accidents, and other emergencies.
    Sec. 2. Except to the extent otherwise required by law, a recycler is not responsible for any data that may be contained in a covered electronic device if an information storage device is included in a covered electronic device.
    Chapter 6. Retailer Responsibilities
    Sec. 1. Before July 1, 2009, and before July 1 of each year thereafter, a retailer shall report to a manufacturer the number of video display devices labeled with the manufacturer's brand sold to households during the previous program year.
    Sec. 2. (a) A retailer that sells new video display devices shall provide information to households that:
        (1) describes where and how households may recycle video display devices; and
        (2) advises households of opportunities and locations for the convenient collection of video display devices for recycling.
    (b) The requirement in subsection (a) may be met by retailers:
        (1) by providing to households the department's contact information or Internet web site address; and
        (2) that sell through catalogs or the Internet by including the information in a prominent location in the retailer's catalog or on the retailer's Internet web site.
    Chapter 7. Department Duties
    Sec. 1. The department shall establish procedures for:
        (1) receipt and maintenance of the registration statements and certifications filed with the department under IC 13-20.5-1; and
        (2) making the statements and certifications easily available

to manufacturers, retailers, and the public.
    Sec. 2. The department shall annually review the value of the following variables that are part of the formula used to calculate a manufacturer's annual registration fee under IC 13-20.5-2-1:
        (1) The proportion of sales of video display devices sold to households that manufacturers are required to recycle.
        (2) The estimated per pound price of recycling covered electronic devices sold to households.
        (3) The base registration fee.
If the department determines that any of these values must be changed to improve the efficiency or effectiveness of the activities regulated under this article or if the revenues in the account exceed the amount that the department determines is necessary, the department shall make recommended changes and the reasons for making the changes to the general assembly in a report submitted in an electronic format under IC 5-14-6.
    Sec. 3. Before January 15, 2009, and before January 15 of each year thereafter, the department shall calculate estimated sales of video display devices sold to households by each manufacturer during the preceding program year, based on national sales data.
    Sec. 4. If the revenues in the electronic waste fund exceed the amount that the department determines is necessary for efficient and effective administration of this article, the department shall recommend to the general assembly in a report submitted in an electronic format under IC 5-14-6 that:
        (1) the base registration fee;
        (2) the proportion of sales of video display devices required to be recycled; or
        (3) the per pound cost of recycling;
specified in IC 13-20.5-2-1(b) be lowered in order to reduce revenues collected in the subsequent program year by the estimated amount of the excess.
    Sec. 5. (a) Before December 1, 2011, and before December 1 of each year thereafter, the department shall submit a report to the general assembly in an electronic format under IC 5-14-6 and to the governor concerning the implementation of this article.
    (b) For each program year, the report submitted under subsection (a):
        (1) must discuss the total weight of covered electronic devices recycled and a summary of information in the reports submitted by manufacturers and recyclers under IC 13-20.5-3;


        (2) must discuss the various collection programs used by manufacturers to collect covered electronic devices, information regarding covered electronic devices that are being collected by persons other than registered manufacturers, collectors, and recyclers, and information about covered electronic devices, if any, being disposed of in landfills in Indiana;
        (3) must include a description of enforcement actions under this article; and
        (4) may include other information received by the department regarding the implementation of this article.
    Sec. 6. The department shall promote public participation in the activities regulated under this article through public education and outreach efforts.
    Sec. 7. (a) The department shall collect the data submitted to it annually by each manufacturer on:
        (1) the total weight in pounds of each specific model of video display device sold to households, if provided;
        (2) the total weight in pounds of video display devices sold to households;
        (3) the total weight in pounds of covered electronic devices collected from households that are recycled; and
        (4) data on recycling credits, as required under IC13-20.5-3-1.
    (b) The department shall use the data described in subsection (a) to review each manufacturer's annual registration fee submitted to the department to ensure that the fee was calculated accurately according to the formula in IC 13-20.5-2-1.
    Sec. 8. The department shall estimate, for each registered manufacturer, the sales of video display devices to households during the previous program year, based on:
        (1) data provided by a manufacturer on sales of video display devices to households, including documentation describing how that amount was calculated and certification that the amount is accurate; or
        (2) if a manufacturer does not provide the data specified in subdivision (1), national data on sales of video display devices.
The department must use the data specified in this section to review each manufacturer's annual registration fee submitted to the department to ensure that the fee was calculated accurately according to the formula in IC 13-20.5-2-1.
    Sec. 9. The department may participate in or join a regional multistate organization or compact to assist in implementing this

article.
    Chapter 8. Other Recycling Programs
    Sec. 1. A city, a county, or any other governmental entity may not require households to use public facilities to recycle the household's covered electronic devices to the exclusion of other lawful recycling programs available.
    Sec. 2. This article does not prohibit or restrict:
        (1) the operation of any program that recycles covered electronic devices in addition to those provided by manufacturers; or
        (2) persons from receiving, collecting, transporting, or recycling covered electronic devices, if those persons are registered under IC 13-20.5-1.
    Chapter 9. Requirements for Purchases by State Agencies
    Sec. 1. The Indiana department of administration shall ensure that acquisitions of video display devices by state agencies comply with or are not subject to this article.
    Sec. 2. State agency solicitation documents must specify that the prospective responder is required to cooperate fully in providing reasonable access to its records and documents to demonstrate compliance with this article.
    Sec. 3. A person awarded a contract by a state agency for purchase or lease of video display devices that is found to be in violation of this article is subject to the following sanctions:
        (1) The contract is void if the Indiana department of administration determines that the potential adverse impact to the state is exceeded by the benefit obtained from voiding the contract.
        (2) If the attorney general establishes that any money, property, or benefit was obtained by a contractor as a result of violating this article, the court may, in addition to any other remedy, order the forfeiture of the unlawfully obtained money, property, or benefit.