AN ACT TO REQUIRE THE TAKE BACK OF USED CATHODE RAY TUBES AND COMPUTER PRODUCTS
SECTION 1. Chapter 16 of the General Laws is hereby amended by inserting the following new section:—
Section 19A. For the purposes of this section the following words will have the following meanings:
“Cathode ray tube” or “CRT” means a vacuum tube or picture tube used to convert an electronic signal into a visual image.
“Collection system” means the collection, packaging, transportation, and recycling of CRT’s discarded by consumers.
“Computer Product” means any desktop computer, personal computer, laptop computer, or other piece of equipment that includes a central processing unit (CPU), and computer peripherals, including but not limited to keyboards, mice and other pointing devices, printers, scanners, speakers, and cables.
“Manufacturer” means the corporation or other legal entity which is the brand owner or importer of any CRT or computer product sold or used in Massachusetts.
No computer product or product which includes a cathode ray tube shall be offered for final sale or use or distribution for promotional purposes in the Commonwealth including all such products sold or donated by mail order or through the internet on or after July 1, 2005, until such time as the manufacturer of said product either on its own or in concert with other persons has implemented a plan approved by the department for a convenient and accessible collection system for such products when the consumer is finished with them that will impose no cost on any city, town, county, or the commonwealth.
Where a cathode ray tube is a component of another product, the collection system must provide for removal and collection of the cathode ray tube component or collection of both the cathode ray tube component and the product containing it.
The collection system plan submitted to the department shall include
(A) a certification that the manufacturer will participate in a national collection system for computer products and cathode ray tubes that will be fully implemented in Massachusetts no later than July 1, 2005 and that said program will be consistent with the requirements of this section and of the performance standards established by the department; OR
(B) a collection system in Massachusetts which shall include the following elements:
(1) a public education program to inform the public about the purpose of the collection program and how to participate in it;
(2) a plan for implementing and financing the collection system that will impose no cost on any city, town, county, or the commonwealth;
(3) documentation of the willingness of all necessary parties to implement the proposed collection system:
(4) a description of the performance measures to be utilized and reported by the manufacturer to demonstrate that the collection system is meeting diversion rate targets and other measures of program effectiveness as required by the department;
(5) provisions to collect all computer products and CRT’s discarded by consumers in Massachusetts after the effective date of this section, including so-called “orphan wastes” which were produced by manufacturers who left the market before their products were discarded;
(6) a description of additional or alternative actions that will be implemented to improve the collection system and its operation in the event that the program targets are not met.; and
(7) an implementation plan to ensure that the collection system will be fully implemented no later than July 1, 2005.
The collection system plan may utilize or expand on existing collection and recycling infrastructure where feasible and cost-effective provided that the utilization of any existing infrastructure shall not impose any costs on any city, town, county, or the commonwealth. Any plan submitted which does not utilize existing collection and recycling infrastructure shall describe the reasons for establishing a separate collection system. Where establishing a separate system, manufacturers are required to develop, implement, and maintain the collection system, alone or in conjunction with other entities.
No later than two years following the implementation of the collection system plan required pursuant to this section and biennially thereafter, the manufacturer or entity that submitted the plan on behalf of the manufacturer and is implementing said plan shall be required to submit a report to the department on the effectiveness of the collection system. The report shall include an estimate of the numbers of cathode ray tubes that were collected, the diversion rate for the cathode ray tubes or components, the results of the other performance measures included in the manufacturers collection system plan, and such other information as the department may require. Such reports shall be made available to the public by the department pursuant to the provisions of section 10 of chapter 66 of the General Laws.
Upon a determination by the department that a manufacturer, or a third party organization, is not meeting the performance standards set by the department for the collection and recycling of discarded cathode ray tubes, the department may order said manufacturer or third party organization to take actions the department deems necessary to achieve said performance standards.
The department shall assess a reasonable fee, pursuant to the provisions of section 18 of chapter 21A of the general laws, which shall be payable by the manufacturer or third party organization acting on behalf of one or more manufacturers, which shall cover the full costs incurred by the department for the preparation said regulations, for the review of proposed plans for collection and recycling, and for other compliance costs.
The department is authorized and directed to promulgate regulations to carry out the provisions of this section.
SECTION 2. Section 1 shall take effect on January 1, 2004.
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