WEST virginia legislature
2016 regular session
House Bill 4179
By Delegates Kelly, Cooper, Faircloth, Atkinson, Perry, Waxman, Zatezalo, howell, Ireland, Azinger and Romine
[Introduced January 20, 2016;
referred to Committee on Government Organization then the Judiciary.]
A BILL to amend and reenact §22-15A-2 of the Code of West Virginia, 1931, as amended, relating to removing televisions from definition of covered electronic items.
Be it enacted by the Legislature of West Virginia:
That §22-15A-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 15A. THE A. JAMES MANCHIN REHABILITATION ENVIRONMENTAL ACTION PLAN.
Unless the context clearly indicates a different meaning or defined elsewhere in this chapter, as used in this article:
(1) "Beneficial use" means the use or reuse of whole waste tires or tire derived material which are reused in constructing retaining walls, rebuilding highway shoulders and subbase, building highway crash attenuation barriers and other civil engineering applications, feed hopper or watering troughs for livestock, other agricultural uses approved by the Department of Environmental Protection, playground equipment, boat or truck dock construction, house or building construction, go-cart, motorbike or race track barriers, recapping, alternative daily cover or similar types of beneficial applications: Provided, That waste tires may not be reused as fencing, as erosion control structures, along stream banks or river banks or reused in any manner where human health or the environment, as determined by the Secretary of the Department of Environmental Protection, is put at risk.
(2) ABrand@ means the name, symbol, logo, trademark, or other information that identifies a product rather than the components of the product.
(3) "Collected for commercial purposes@ means taking solid waste for disposal from any person for remuneration regardless of whether or not the person taking the solid waste is a common carrier by motor vehicle governed by article two, chapter twenty-four-a of this code.
(4) AComputer@ means a desktop, personal computer or laptop computer, including the computer monitor. Computer does not include a personal digital assistant device, computer peripheral devices such as a mouse or other similar pointing device, a printer or a detachable keyboard.
(5) "Court@ means any circuit, magistrate or municipal court.
(6) ACovered electronic device@ means a
television, computer or video display
device with a screen that is greater than four inches measured diagonally. ACovered electronic device@ does not include a television or a video display
device that is part of a motor vehicle or that is contained within a household
appliance or commercial, industrial or medical equipment.
(7) "Department" means the Department of Environmental Protection.
(8) "Litter" means all waste material, including, but not limited to, any garbage, refuse, trash, disposable package, container, can, bottle, paper, covered electronic devices, ashes, cigarette or cigar butt, carcass of any dead animal or any part thereof or any other offensive or unsightly matter, but not including the wastes of primary processes of mining, logging, sawmilling, farming or manufacturing.
(9) "Litter receptacle" means those containers suitable for the depositing of litter at each respective public area designated by the secretary's rules promulgated pursuant to subsection (e), section three of this article.
(10) AManufacturer@ means a person that
is the brand owner of a covered electronic device
or television sold or
offered for sale in this state by any means, including transactions conducted
through retail sales outlets, catalogs or the Internet.
(11) "Person" means a natural person, corporation, firm, partnership, association or society and the plural as well as the singular.
(12) "Public area" means an area outside of a municipality, including public road and highway rights-of-way, parks and recreation areas owned or controlled by this state or any county of this state or an area held open for unrestricted access by the general public.
(13) ARecyclable materials@ means those materials that would otherwise become solid waste for disposal in a refuse disposal system and which may be collected, separated or processed and returned to the marketplace in the form of raw materials or products.
(14) "Remediate or remediation" means to remove all litter, solid waste and tires located above grade at a site: Provided, That remediation does not include clean up of hazardous waste.
(15) A Television @ means any
telecommunication system device that can receive moving pictures and sound
broadcast over a distance and includes a television tuner or a video display
device peripheral to a computer in which the display contains a television
tuner. (16) (15) @Secretary@ means the Secretary of the Department of
Environmental Protection. (17) (16) AVideo display device@ means an electronic device with an output surface
that displays or is capable of displaying moving graphical images or visual
representations of image sequences or pictures that show a number of quickly
changing images on a screen to create the illusion of motion. Video display
device includes a device that is an integral part of the display and cannot
easily be removed from the display by the consumer and that produces the moving
image on the screen. A Avideo display device@ may use a cathode-ray tube (CRT), liquid crystal
display (LCD), gas plasma, digital light processing, other image-projection
technology or imaging display technologies. (18) (17) "Waste tire" means any
continuous solid or pneumatic rubber covering designed to encircle the wheel of
a vehicle but which has been discarded, abandoned or is no longer suitable for
its original, intended purpose nor suitable for recapping, or other beneficial
use because of wear, damage or defect. A tire is no longer considered to be
suitable for its original intended purpose when it fails to meet the minimum
requirements to pass a West Virginia motor vehicle safety inspection. Used
tires located at a commercial recapping facility or tire dealer for the purpose
of being reused or recapped are not waste tires. (19) (18) "Waste tire monofill or
monofill" means an approved solid waste facility where no solid waste
except waste tires are placed for the purpose of long term storage for eventual
retrieval for marketing purposes. (20) (19) "Waste tire processing
facility" means a solid waste facility or manufacturer that accepts waste
tires generated by sources other than the owner or operator of the facility for
processing by such means as cryogenics, pyrolysis, pyroprossing cutting,
splitting, shredding, quartering, grinding or otherwise breaking down waste
tires for the purposes of disposal, reuse, recycling and/or marketing. (21) (20) "Waters of the state" means
generally, without limitation, natural or artificial lakes, rivers, streams,
creeks, branches, brooks, ponds, impounding reservoirs, springs, wells,
watercourses and wetlands. (22) (21) "Yard waste" means grass
clippings, weeds, leaves, brush, garden waste, shrub or tree prunings and other
living or dead plant tissues, except that materials, which due to inadvertent
contamination or mixture with other substances which render the waste
unsuitable for composting, are not yard waste: Provided, That the same
or similar waste generated by commercial agricultural enterprises is excluded.
NOTE: This purpose of this bill is to remove televisions from the definition of “covered electronic device.”
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.