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Indiana General Assembly
House Bill 1589


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House Bill 1589

ARCHIVE (2009)

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DIGEST OF HB1589 (Updated April 23, 2009 2:04 pm - DI 84)

Electronic waste. Requires manufacturers of video display devices (VDDs) to recycle covered electronic devices (CEDs) from households, public schools, and small businesses (covered entities) in the amount of at least 60% of the total weight of VDDs sold by the manufacturer to households during the most recent twelve month period for which national sales data is available. Provides that VDDs generally include televisions and computer monitors that are marketed to covered entities, but establishes various exceptions. Provides that a program year for the electronic waste recycling program begins April 1 and ends the following March 31, and that the first program year begins April 1, 2010. Requires registration with the department of environmental management (IDEM) for each program year by: (1) manufacturers of VDDs; and (2) collectors and recyclers of CEDs. Requires manufacturers to submit to IDEM a compliance plan at the time of registration. Excludes from the definition of "collector" a service that accepts packages and delivers them to collectors or recyclers under a manufacturer's mailback program. To operate as a collector or as a recycler, requires that a person must submit to IDEM the registration currently required under rules of the solid waste management board and must otherwise comply with those rules. Allows IDEM to revoke the registration of a collector or recycler that violates those rules. Requires a recycler to annually certify that the recycler has complied with those rules and to annually report to IDEM the total weight in pounds of CEDs taken for final disposal during the immediately preceding year. Provides that a manufacturer must pay to IDEM a registration fee of $5,000 for the initial program year and $2,500 for each program year thereafter. For program years ending in 2013 or later imposes a variable recycling fee (VRF) on manufacturers that fail to meet the 60% goal. In the determination of the amount of the VRF: (1) allows the application of recycling credits in the amount of 25% of the amount by which a manufacturer exceeded the recycling goal in the preceding three years; (2) applies favorable weighting for CEDs recycled in Indiana or recycled from covered entities not located in a metropolitan statistical area; (3) adjusts for higher fees for manufacturers with lower recycling performance; (4) requires IDEM to bill the fee to a manufacturer not later than September 1; and (5) permits a manufacturer to petition the Indiana recycling market development board for relief from the fee upon showing of good cause. Establishes reporting requirements for IDEM, manufacturers, recyclers, and collectors. Prohibits governmental entities from requiring covered entities to use public facilities to recycle CEDs to the exclusion of other available recycling programs. Requires the department of administration to ensure that acquisitions of VDDs by state agencies comply with the electronic waste recycling program, and allows the department to void state contracts that violate the program in certain circumstances. Requires retailers to provide certain recycling information to households. Provides that the registration fee does not apply to a manufacturer that produces fewer than 100 VDDs for sale to households during a year. Requires the deposit of: (1) registration fee revenue in the electronic waste fund, which is established to implement the electronic waste recycling program; and (2) VRF revenue in the Indiana recycling promotion and assistance fund. Requires IDEM to provide refunds to manufacturers to the extent that registration fee revenue exceeds the amount needed to administer the program. Prohibits mixing by covered entities of certain electronic devices with municipal waste that is intended for disposal after 2010 at a landfill or by burning or incineration. Removes a definition that is never used. Provides that a covered entity that violates the electronic waste recycling law is not subject to criminal or civil action or penalty or any other sanction under state law. Requires the environmental quality service council to study in 2012 certain issues concerning the electronic waste recycling program.
Current Status:
 Law Enacted
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