Introduced Version
House Bill 2211 History
| Email
Key: Green = existing Code. Red = new code to be enacted
H. B. 2211
(By Delegate Manypenny)
[Introduced February 13, 2013; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §22-15B-1, §22-15B-2,
§22-15B-3, §22-15B-4, §22-15B-5, §22-15B-6, §22-15B-7, §22-
15B-8, §22-15B-9, §22-15B-10, §22-15B-11, §22-15B-12, §22-15B-
13, §22-15B-14, §22-15B-15, §22-15B-16, §22-15B-17 and §22-
15B-18, all relating to the imposition of advanced recovery
fees on consumers for the purchase of electronic devices;
definitions; administration by the Department of Environmental
Protection; the creation of an E-Cycle Fund account; fee
schedules for authorized collectors and recyclers and
disbursements to authorized collectors, recyclers and
manufacturers; manufacturer responsibilities; establishment of
electronic device drop off centers in each county; civil
penalties and sanctions; requirements when exporting covered
electronic devices; and rule-making authority.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §22-15B-1, §22-15B-2,
§22-15B-3, §22-15B-4, §22-15B-5, §22-15B-6, §22-15B-7, §22-15B-8,
§22-15B-9, §22-15B-10, §22-15B-11, §22-15B-12, §22-15B-13, §22-15B-
14, §22-15B-15, §22-15B-16, §22-15B-17 and §22-15B-18, all to read
as follows:
ARTICLE 15B. ADVANCED RECOVERY FEES AND COVERED ELECTRONIC DEVICE
RECYCLING.
§22-15B-1. Legislative findings and purpose.
_____The Legislature finds and declares all of the following:
_____(a) Electronic waste represents one of the fastest growing
and hazardous components of West Virginia's waste streams.
_____(b) According to the United States Environmental Protection
Agency, in 2009, an estimated four hundred thirty-eight million new
electronic products were sold in the United States; five million
short tons of electronic products were in storage; two million
three hundred seventy thousand short tons of electronic products
were ready for end-of-life management; and only twenty-five percent
of these tons were collected for recycling.
_____(c) Due to the presence of toxic lead, mercury and other
hazardous or potentially hazardous materials in electronic waste,
this waste poses a particular threat to public health and the environment when improperly discarded.
_____(d) Electronic waste recovered for recycling has been found
to have been illegally handled and discarded in developing
countries, posing a significant threat to public health, worker
safety and the environment in those countries.
_____(e) The collection, handling and management of electronic
waste that is currently recovered represents a growing problem for
government and nonprofit organizations, including Goodwill
Industries and the Salvation Army.
_____(f) The high technology sector represents a vital and
important part of West Virginia's economy.
_____(g) The purpose of this article is to enact a comprehensive
and innovative system for the reuse, recycling and proper and legal
disposal of covered electronic devices.
_____(h) It is the further purpose of this article to enact a law
that establishes a program that is cost free and convenient for
consumers and the public to return, recycle and ensure the safe and
environmentally-sound disposal of covered electronic devices.
_____(i) It is the intent of the Legislature that the cost
associated with the handling, recycling and disposal of covered
electronic devices is the responsibility of the producers and
consumers of covered electronic devices and not local government or
their service providers, state government or taxpayers.
_____(j) In order to reduce the likelihood of illegal disposal of these hazardous materials, it is the intent of this article to
ensure that the cost associated with the proper management of
covered electronic devices be internalized by the producers and
consumers of covered electronic devices at or before the point of
purchase and not at the point of discard.
_____(k) The purpose of this article is to provide sufficient
funding for the safe, cost-free and convenient collection and
recycling of one hundred percent of the covered electronic waste
discarded or offered for recycling in the state, to eliminate
electronic waste stockpiles by December 31, 2016, and to end the
illegal disposal of covered electronic devices.___
§22-15B-2. Definitions.
_____"Account" means the E-Cycle Fund Account administered by the
Department of Environmental Protection.
_____"Authorized collector" means any of the following:
_____(1) A city or county that collects covered electronic devices;
_____(2) A person or entity that is required or authorized by a
city or county to collect covered electronic devices pursuant to
the terms of a contract, license, permit or other written
authorization;
_____(3) A nonprofit organization that collects or accepts covered
electronic devices;
_____(4) A manufacturer or agent of the manufacturer that
collects, consolidates and transports covered electronic devices for recycling from consumers, businesses, institutions and other
generators; and
_____(5) Any other entity that collects, handles, consolidates and
transports covered electronic equipment and has filed all
applicable documents with the secretary.
_____"Consumer" means a person who purchases a new or refurbished
covered electronic device in a transaction that is a retail sale.
_____"Department" means the West Virginia Department of
Environmental Protection.
_____"Covered electronic device", except as hereinafter provided,
means a video display device containing a screen greater than four
inches, measured diagonally. "Covered electronic device" does not
include any of the following:
_____(1) A video display device that is a part of a motor vehicle
or any component part of a motor vehicle assembled by, or for, a
vehicle manufacturer or franchise dealer, including replacement
parts for use in a motor vehicle.
_____(2) A video display device that is contained within, or a
part of, a piece of industrial, commercial or medical equipment,
including monitoring or control equipment.
_____(3) A video display device that is contained within a clothes
washer, clothes dryer, refrigerator, refrigerator and freezer,
microwave oven, conventional oven or range, dishwasher, room air
conditioner, dehumidifier or air purifier.
_____"Covered electronic waste" or "covered e-waste" means a
covered electronic device that is discarded.
_____"Covered electronic waste recycling fee" or "covered e-waste
recycling fee" or "advanced recycling fee" means the fee imposed
under this article.
_____"Covered electronic waste recycler" or "covered e-waste
recycler" is a person who has been certified by an accredited
company that certifies recyclers of electronic equipment under the
Responsible Recycling (R2) Practices for Use in Accredited
Certification Programs for Electronics Recyclers and means any of
the following:
_____(1) A person who engages in the manual or mechanical
separation of covered electronic devices to recover components and
commodities therein for the purpose of reuse or recycling;
_____(2) A person who changes the physical or chemical composition
of a covered electronic devise by deconstructing, size reduction,
crushing, cutting, sawing, compacting, shredding or refining for
purposes of segregating components, for purposes of recovering or
recycling those components and who arranges for the transport of
those components to an end user;
_____(3) A manufacturer who meets the conditions established by
this article.
_____"Electronic waste recovery payment" means an amount
established and paid by the department under this article.
_____"Electronic waste recycling payment" means an amount
established and paid by the department under this article.
_____"Manufacturer" means either of the following:
_____(1) A person who manufacturers a covered electronic device
sold in this state; or
_____(2) A person who sells a covered electronic device in this
state under that person's brand name.
_____"Person" means an individual, trust firm, joint stock company,
business concern and corporation including, but not limited to, a
government corporation, partnership, limited liability company and
association. "Person" also includes a city, county, city and
county, county commission, the state, or a department, agency, or
political subdivision thereof, an interstate body and the United
States and its agencies and instrumentalities to the extent
permitted by law.
_____"Recycling" means using, reusing or reclaiming a recyclable
material. "Recycling" also means, for purposes of this article,
the collecting, transporting, storing, transferring, handling,
segregating, processing, using or reusing or reclaiming of
recyclable material to produce recycled material.
_____"Refurbished" when used to describe a covered electronic
device means a device that the manufacturer has tested and returned
to a condition that meets factory specifications for the device,
has repackaged and has labeled as refurbished.
_____"Retailer" means a person who makes a retail sale of a new or
refurbished covered electronic device. "Retailer" includes a
manufacturer of a covered electronic device who sells that covered
electronic device directly to a consumer through any means
including, but not limited to, a transaction conducted through a
sales outlet, catalog, the Internet or any other similar electronic
means.
_____"Retail sale" or "sale at retail" means a sale for any purpose
other than resale in the regular course of business in the form of
tangible personal property. "Retail sale" does not include the
sale of a covered electronic device that is temporarily stored or
used in West Virginia for the sole purpose of preparing the covered
electronic device for use thereafter solely outside the state and
that is subsequently transported outside the state and thereafter
used solely outside the state.
_____"Secretary" means the cabinet secretary of the West Virginia
Department of Environmental Protection.
_____"Vendor" means a person that makes a sale of a covered
electronic device for the purpose of resale to a retailer who is
the lessor of the covered electronic device to a consumer under a
lease that is a continuing sale and purchase.
_____"Video display device" means an electronic device with an
output surface that displays, or is capable of displaying, moving
graphical images or a visual representation of image sequences or pictures, showing a number of quickly changing images on a screen
in fast succession to create the illusion of motion, including, if
applicable, a device that is an integral part of the display, in
that it cannot be easily removed from the display by the consumer,
that produces the moving image on the screen. A video display
device may use, but is not limited to, a cathode ray tube (CRT),
liquid crystal display (LCD), gas plasma, digital light processing
or other image projection technology.
§22-15B-3. Administration of article; rule-making authority;
__dissemination of information; expertise.
_____(a) The department shall administer and enforce this article.
_____(b) The department shall propose rules for legislative
approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code to implement this article.
_____(c) The department shall adopt regulations that ensure the
protection of any proprietary information submitted to the
department by a manufacturer of covered electronic devices.
_____(d) The department may prepare, publish or issue any materials
that it determines to be necessary for the dissemination of
information concerning the activities of the department under this
article.
_____(e) In carrying out this article, the department may solicit
and use any and all expertise available in other state agencies.
§22-15B-4. Covered electronic waste recycling fee imposed on ___purchase of new or refurbished covered electronic
__devise; amount; transmittal to secretary; and
__statement of fee.
_____(a) On September 1, 2013, a consumer shall pay a covered
electronic waste recycling fee upon the purchase of a new or
refurbished covered electronic device, in the following amounts:
_____(1) Eight dollars for each covered electronic device with a
screen size of less than fifteen inches measured diagonally;
_____(2) Sixteen dollars for each covered electronic device with a
screen size greater than or equal to fifteen but less than thirty-
five inches measured diagonally; and
_____(3) Twenty-five dollars for each covered electronic device
with a screen size greater than or equal to thirty-five inches
measured diagonally.
_____(b) Except as provided in subdivision (d) of this section, a
retailer shall collect from the consumer a covered electronic waste
recycling fee at the time of the retail sale of a covered
electronic device.
_____(c) (1) A retailer may retain three percent of the covered
electronic waste recycling fee as reimbursement for all costs
associated with the collection of the fee and transmit the
remainder of the fee to the secretary for deposit in the account.
_____(2) If a retailer makes an election pursuant to subdivision
(2), subsection (d) of this section, and the conditions of paragraphs (A), (B) and (C), subdivision (2), subsection (d) of
this section are met, the vendor, in lieu of the retailer, may
retain three percent of the covered electronic waste recycling fee
as reimbursement for all costs associated with the collection of
the fee and the vendor shall transmit the remainder of the fee to
the department.
_____(d) (1) If a retailer elects to pay the covered electronic
waste recycling fee on behalf of the consumer, the retailer shall
provide an express statement to that effect on the receipt given to
the consumer at the time of sale. If a retailer elects to pay the
covered electronic waste recycling fee on behalf of the consumer,
the fee is a debt owed by the retailer to the state and the
consumer is not liable for the fee.
_____(2) A retailer may elect to pay the covered electronic waste
recycling fee on behalf of the consumer by paying the covered
electronic waste recycling fee to the retailer's vendor but only if
all of the following conditions are met:
_____(A) The vendor is registered with the department to collect
and remit the covered electronic waste recycling fee pursuant to
this article;
_____(B) The vendor holds a valid seller's permit;
_____(C) The retailer pays the covered electronic waste recycling
fee to the vendor that is separately stated on the vendor's invoice
to the retailer; and
_____(D) The retailer provides an express statement on the invoice,
contract or other record documenting the sale that is given to the
consumer, that the covered electronic waste recycling fee has been
paid on behalf of the consumer.
_____(3) For the purpose of making the election in subdivision (2)
of this subsection, if the conditions set forth in paragraphs (A),
(B), (C) and (D) of subdivision (2) of this subsection are met, the
covered electronic waste recycling fee is a debt owed by the vendor
to the state and the retailer is not liable for the fee.
__(e) The retailer shall separately state the covered electronic
waste recycling fee on the receipt given to the consumer at the
time of sale.
__(f) On and after September 1, 2013, a person may not sell a
new or refurbished covered electronic device to a consumer in this
state if the department determines that the manufacturer of that
covered electronic device is not in compliance with this article.
__(g) On and after September 1, 2013, a person may not sell or
offer for sale in this state a new or refurbished covered
electronic device unless the device is labeled with the name of the
manufacturer or the manufacturer's brand label so that it is
readily visible.
§22-15B-5. Collection of fee by the Department of Environmental
_____Protection.___________________
_____(a) The Department of Environmental Protection shall collect the electronic waste recycling fee and maintain these fees in a
separate fund called the E-Cycle Fund.
_____(b) The covered electronic waste recycling fee is due and
payable quarterly on or before the last day of the month following
each calendar quarter. The payments shall be accompanied by a
return in the form as prescribed by the department.
_____(c) The department may require the payment of the fee and the
filing of returns for other than quarterly periods.
_____(d) On or before September 1, 2015, and, thereafter,
biennially, the department shall review, at a public hearing, the
covered electronic waste recycling fee and make any adjustments to
the fee to ensure that there are sufficient revenues in the account
to fund the covered electronic waste recycling program established
pursuant to this article. Adjustments to the fee that are made on
or before September 1, shall apply to the calendar year beginning
the following January 1. The department shall base an adjustment
of the covered electronic waste recycling fee on both of the
following factors:
_____(1) The sufficiency, and any surplus, of revenues in the
account to fund the collection, consolidation and recycling of
covered electronic waste that is projected to be recycled in the
state; and
_____(2) The sufficiency of revenues in the account for the
department to administer, enforce and promote the program plus a prudent reserve not to exceed five percent of the amount in the
account.
§22-15B-6. Duties of manufacturer; information and report; and
__protection of information.
_____(a) On or before September 1, 2014, and at least once annually
thereafter as determined by the department, each manufacturer of a
covered electronic device sold in this state shall do all of the
following:
_____(1) Submit to the department a report that includes all of the
following information:
_____(A) An estimate of the number of covered electronic devices
sold by the manufacturer in the state during the previous year;
_____(B) A baseline or set of baselines that show the total
estimated amounts of mercury, cadmium, lead, hexavalent, chromium
and PBB's used in covered electronic devices manufactured by the
manufacturer in that year and the reduction in the use of those
hazardous materials from the previous year;
_____(C) A baseline or set of baselines that show the total
estimated amount of recyclable materials contained in covered
electronic devices sold by the manufacturer in that year and the
increase in the use of those recyclable materials from the previous
year;
_____(D) A baseline or a set of baselines that describe any efforts
to design covered electronic devices for recycling and goals and plans for further increasing design for recycling;
_____(E) A list of those retailers including, but not limited to,
Internet and catalog retailers, to which the manufacturer provided
a notice covering any electronic device manufactured by that
manufacturer that is identified in the rules adopted by the
department and that identify the electronic devices that the
department determines are presumed to be, when discarded, a
hazardous waste;
_____(2) Make information available to consumers that describes
where and how to return, recycle and dispose of the covered
electronic device and opportunities and locations for the
collection or return of the device, through the use of a toll-free
telephone number, Internet Website, information labeled on the
device, information included in the packaging or information
accompanying the sale of covered electronic device.
_____(b) Any information submitted to the department pursuant to
subsection (a) of this section that is proprietary in nature or a
trade secret is subject to protection under state laws and rules
governing that information.
_____(c) A manufacturer of a covered electronic device shall comply
with the notification requirements set forth in paragraph (E),
subdivision (1), subsection (a) of this section.
§22-15B-7. Statewide applicability of fee; local collection or
__recycling programs.
_____(a) The imposition of a covered electronic waste recycling fee
is a matter of statewide interest and concern and is applicable
uniformly throughout the state. A city, county, city and county or
other public agency may not adopt, implement or enforce an
ordinance, resolution, regulation or rule requiring a consumer,
manufacturer or retailer to recycle covered electronic devices or
imposing a covered electronic waste recycling fee upon a
manufacturer, retailer or consumer unless expressly authorized
under this article.
_____(b) Nothing in the section prohibits the adoption,
implementation or enforcement of any local ordinance, resolution,
regulation or rule governing curbside or drop off recycling
programs operated by or pursuant to a contract with a city, county,
city and county or other public agency including any action
relating to fees for these programs. Nothing in this section
affects any contract, franchise, permit, license or other
arrangement regarding the collection or recycling of solid waste or
household hazardous waste.
§22-15B-8. Fee declared not to be a tax.
_____The Legislature declares that the imposition of a covered
electronic waste recycling fee would not result in the imposition
of a tax within the meaning of article X of the West Virginia
Constitution because the amount and nature of the fee has a fair
and reasonable relationship to the adverse environmental burdens imposed by the disposal of covered electronic devices and there is
a sufficient nexus between the fee imposed and the use of those
fees to support the recycling and reuse of these devices.
§22-15B-9. Civil penalties.
_____(a) Civil liability in an amount of up to $2,500 per offense
may be administratively imposed by the department for each sale of
a covered electronic device for which a covered electronic waste
recycling fee has not been paid pursuant to section four of this
article.
_____(b) A civil penalty in an amount of up to $5,000 per offense
may be imposed by a circuit court for each sale of a covered
electronic device for which a covered electronic waste recycling
fee has not been paid pursuant to section four of this article.
_____(c) Civil liability in an amount of up to $25,000 may be
administratively imposed by the department against manufacturers
for failure to comply with this article except as otherwise
provided in subsection (a) of this section.
§22-15B-10. Electronic waste working group.
_____The department shall convene a covered electronic waste work
group comprised of representatives from manufacturers of covered
electronic devices and other interested parties to develop and, by
September 1, 2014, advise the department on environmental
purchasing criteria that may be used by state agencies to identify
covered electronic devices with reduced environmental impacts. In defining criteria, the group shall consider the environmental
impacts of products over their entire life cycle as well as
tradeoffs in other product attributes such as safety, product
functionality and cost. The group shall also consider any federal
product evaluation or rating system or market based system to
promote the development and sale of environmentally conscious
products.
§22-15B-11. Annual statewide recycling goals for covered
_____electronic waste; implementation.
_____(a) The department shall annually establish, and update as
necessary, statewide recycling goals for covered electronic waste.
In implementing this section, the department shall do all of the
following:
_____(1) Post on its website information on the amount of covered
electronic devices sold in the state in the previous year as
reported to the department;
_____(2) Post on its website information on the amount of covered
electronic waste recycled in the state in the previous year as
reported to the department; and
_____(3) Develop and adopt recycling goals with input from
manufacturers, retailers, covered electronic waste recyclers and
collectors, that reflect projections of covered electronic device
sales, rates of obsolescence and stockpiles.
_____(b) Nothing in this section authorizes the department to establish any recycling rates or dates by which a manufacturer of
covered electronic devices shall comply with this article, or to
impose any other recycling goal or target on a manufacturer of
those devices.
§22-15B-12. E-Cycle Fund created; deposit and expenditure of
__funds; interest; cancellation methods; conditions
__for payment; state as market participant.
_____(a) The E-Cycle Fund is hereby established in the Department
of Environmental Protection. All fees collected pursuant to this
article shall be deposited in the account. Notwithstanding any
other code provision to the contrary, the funds in the account are
hereby continuously appropriated, without regard to fiscal year,
for the following purposes:
_____(1) To make electronic waste recovery payments to an
authorized collector of covered electronic waste pursuant to
section fourteen of this article;
_____(2) To make electronic waste recycling payments to covered
electronic waste recyclers pursuant to section fifteen of this
article; and
_____(3) To make payments to manufacturers pursuant to subsection
(g) of this section.
_____(b) (1) The money in the account may be expended for the
following purposes only upon appropriation by the Legislature in
the annual budget:
_____(A) For the administration of the article by the department;
_____(B) To reimburse the department for its administrative costs
of registering, collecting, making refunds and auditing retailers
and consumers in connection with the covered electronic waste
recycling fee imposed under section four of this article;
_____(C) To establish the public information program specified in
subsection (d) of this section.
_____(2) Any fines or penalties collected pursuant to this article
shall be deposited in the E-Cycle Penalty Subaccount which is
hereby established in the account. The funds in the E-Cycle
Penalty Subaccount may be expended by the department only upon
appropriation by the Legislature.
_____(c) Notwithstanding any other code provisions to the contrary,
any interest earned upon funds in the E-Cycle Fund Account shall be
deposited in that account for expenditure under this article.
_____(d) Not more than one percent of the funds annually deposited
in the account may be expended for the purposes of establishing the
public information program to educate the public in the hazards of
improper covered electronic device storage and disposal and on the
opportunities to recycle covered electronic devices.
_____(e) The department shall adopt rules specifying cancellations
methods for the recovery, processing or recycling or covered
electronic waste consistent with Responsible Recycling (R2)
Practices for Use in Accredited Certification Programs for Electronic Recyclers.
_____(f) The department may pay an electronic waste recycling
payment or electronic waste recovery payment for covered electronic
waste only if all of the following conditions are met:
_____(1) The covered electronic waste, including any residuals from
the processing of the waste, is handled in compliance with all
applicable statutes and regulations;
_____(2) The entity performing the recycling has been certified by
an accredited company for certifying recyclers of electronic
equipment under the Responsible Recycling (R2) Practices for Use in
Accredited Certification Programs for Electronics Recyclers;
_____(3) The manufacturer or the authorized collector or recycler
of the electronic waste provides a cost free and convenient
opportunity to recycle electronic waste which will include, at a
minimum, one electronic device drop off center in each county and,
in addition, a minimum of one drop off center in cities with
populations of fifteen thousand or greater. The drop off center
required in a county when there is also a drop off center in one or
more of the county's cities, shall be strategically located so that
it serves the rural consumers of the county; and
_____(4) If the covered electronic waste is processed, the covered
electronic waste is processed in this state according to
cancellation methods approved by Responsible Recycling (R2)
Practices for Use in Accredited Certification Programs for Electronics Recyclers and authorized by the department.
_____(g) The department declares that the state is a market
participant in the business of the recycling of covered electronic
waste for all of the following reasons:
_____(1) The fee is collected from the state's consumers for
covered electronic devices sold for use in the state;
_____(2) The purpose of the fee and subsequent payments is to
prevent damage to the public health and the environment from waste
generated in the state; and
_____(3) The recycling system funded by the fee ensures that
economically viable and sustainable markets are developed and
supported for recovered materials and components in order to
conserve resources and maximize business and employment
opportunities within the state.
_____(h) (1) The department may make a payment to a manufacturer
that takes back a covered electronic device from a consumer in this
state for purposes of recycling the device at a processing
facility. The amount of the payment made by the department shall
equal the value of the covered electronic waste recycling fee paid
for that device. To qualify for a payment under this subsection,
the manufacturer shall demonstrate the following to the department:
_____(A) The covered electronic device for which payment is claimed
was used in this state;
_____(B) The covered electronic waste for which a payment is claimed, including any residuals from the processing the waste, has
been and will be handled in compliance will all applicable statutes
and regulations; and
_____(C) The manufacturer has a certification, or contracts with a
recycler that has a certification, from an accredited company for
certifying recyclers under the Responsible Recycling (R2) Practice
for Use in Accredited Certification Programs for Electronic
Recyclers.
§22-15B-13. Duties of person exporting covered electronic waste.
_____(a) A person who exports covered electronic waste, or a
covered electronic device intended for recycling or disposal, to a
foreign country, or to another state for ultimate export to a
foreign country, shall do all of the following at least sixty days
prior to export:
_____(b) Notify the department of the destination, disposition,
contents and volume of waste, or device intended for recycling or
disposal to be exported, and include with the notification the
following demonstrations:
_____(1) Demonstrate that the waste or device is being exported for
the purposes of recycling or disposal;
_____(2) Demonstrate that the importation of the waste or device is
not prohibited by an applicable law in the state or country of
destination and that any import will be conducted in accordance
with all applicable laws. As part of this demonstration, required import and operating licenses, permits or other appropriate
authorization documents shall be forwarded to the department;
_____(3) Demonstrate that the exportation of the waste or device is
conducted in accordance with applicable United States or applicable
international law; and
_____(4) Demonstrate that the waste or device will be managed
within the country of destination only at facilities whose
operations meet or exceed the binding decisions and implementing
guidelines of the Organization for Economic Cooperation and
Development for the environmentally sound management of the waste
or device being exported, notwithstanding that the destination
country is not a member of the Organization for Economic
Cooperation and Development.
_____(c) This section does not apply to a component part of a
covered electronic device that is exported to an authorized
collector or recycler and that is reused or recycled into a new
electronic component.
§22-15B-14. Electronic waste recovery payment schedule; coverage
__of net cost for authorized collector to collect,
__consolidate and transport covered electronic waste.
_____(a) On September 1, 2014, and on September 1 every two years
thereafter, the department shall establish an electronic waste
recovery payment schedule for covered electronic wastes generated
in this state to cover the net cost for an authorized collector to operate a free and convenient system for collecting, consolidating
and transporting covered electronic wastes generated in the state.
_____(b) The department shall make the electronic waste recovery
payments either directly to an authorized collector or to a covered
electronic waste recycler for payment to an authorized collector
pursuant to this article.
§22-15B-15. Covered electronic waste recycling payment schedule;
__coverage of net cost for recycler to receive,
__process and recycle each major category or covered
__electronic waste from authorized collector.
_____(a) Except as provided in subsection (b) of this section, on
September 1, 2014, and on September 1 every two years thereafter,
the department shall establish a covered electronic waste recycling
payment schedule for covered electronic wastes generated in this
state to cover the average net cost for an electronic waste
recycler to receive, process and recycle each major category, as
determined by the department, of covered electronic waste received
from an authorized collector. The department shall make the
electronic waste recycling payments to a covered electronic waste
recycler pursuant to this article.
_____(b) Until the department adopts a payment schedule that covers
the average net cost for an electronic waste recycler to receive,
process and recycle each major category, as determined by the department, of covered electronic waste received from an authorized
collector, the amount of the covered electronic waste recycling
payment shall be equal to $.16 per pound of the total weight of
covered electronic waste received from an authorized collector and
subsequently processed for recycling.
§22-15B-16. Payment process; eligibility for payment.
_____(a) (1) For covered electronic waste collected for recycling
on and after September 1, 2014, the department shall make
electronic waste recovery payments and electronic waste recycling
payments for the collection and recycling of covered electronic
waste to an authorized collector or covered electronic waste
recycler, respectively, upon receipt of a completed and verified
invoice submitted to the department by an authorized collector or
recycler in the form and manner determined by the department.
_____(2) To the extent authorized by section fourteen of this
article, a covered electronic waste recycler shall make the
electronic waste recovery payments to an authorized collector upon
receipt of a completed and verified invoice submitted to the
recycler by the authorized collector in the form and manner
determined by the department.
_____(b) An e-waste recycler is eligible for a payment pursuant to
this section only if the e-waste recycler demonstrates to the
department that any facility used by the e-waste recycler for the
handling, processing, refurbishment or recycling of covered electronic devices meets all of the following standards:
_____(1) The facility has been inspected by the department within
the past twelve months and found to be operating in conformance
with all applicable laws, rules and ordinances;
_____(2) The facility has a valid certification issued by an
accredited company for certifying recyclers under the Responsible
Recycling (R2) Practice for Use in Accredited Certification
Programs for Electronic Recyclers;
_____(3) The facility is accessible during normal business hours
for unannounced inspections by state or local agencies; and
_____(4) The facility has health and safety, employee training and
environmental compliance plans and certifies compliance with the
plans.
§22-15B-17. Compliance with chapter by prospective bidders;
__violations.
_____(a) (1) A state agency that purchases or leases covered
electronic devices shall require each prospective bidder to certify
that it, and its agents, subsidiaries, partners, joint venturer and
subcontractors for the procurement, have complied with this article
and rules adopted pursuant to this article or to demonstrate that
this article is inapplicable to all lines of business engaged in by
the bidder, its agents, subsidiaries, partners, joint venturers or
subcontractors.
_____(2) The certification requirement set forth in subdivision (1) of this subsection does not apply to credit card purchases of goods
of $2,500 or less. The total amount of exemption authorized herein
shall not exceed $7,500 per year for each company from which a
state agency is purchasing goods by credit card. It is the
responsibility of each state agency to monitor the use of this
exemption and adhere to these restrictions on these purchases.
_____(b) Failure to provide certification pursuant to this section
shall render the prospective bidder and its agents, subsidiaries,
partners, joint venturers and subcontractors ineligible to bid on
the procurement of covered electronic devices.
_____(c) The bid solicitation documents shall specify that the
prospective bidder is required to cooperate fully in providing
reasonable access to its records and documents that evidence
compliance with this article.
_____(d) Any person awarded a contract by a state agency that is
found to be in violation of this section is subject to all or any
of the following sanctions:
_____(1) The contract shall be voided by the state agency to which
the equipment, materials or supplies were provided;
_____(2) The contractor is ineligible to bid on any state contract
for a period of three years; or
_____(3) If the Attorney General establishes in the name of the
people of the State of West Virginia that any money, property or
benefit was obtained by a contractor as a result of violating this section, the court may, in addition to any other remedy, order the
forfeiture of the unlawfully obtained money, property or benefit in
the interest of justice.
§22-15B-18. Article not to be implemented under certain
_____circumstances.
_____(a) Except as provided in section nineteen of this article,
the department may not implement this article if either of the
following occur:
_____(1) A federal law or a combination of federal laws, takes
effect and does all of the following:
_____(A) Establishes a program for the collection, recycling and
proper disposal of covered electronic waste that is applicable to
all covered electronic devices sold in the United States;
_____(B) Provides revenues to the state to support the collection,
recycling and proper disposal of covered electronic waste in an
amount that is equal to or greater than the revenues that would be
generated by the fees imposed under this article; and
_____(C) Requires covered electronic device manufacturers,
retailers, handlers, processors and recyclers to dispose of those
devices in a manner that is in compliance with all applicable
federal, state and local laws and prohibits the devices from being
exported for disposal in a manner that poses a significant risk to
the public health or the environment; or
_____(2) A trial court issues a judgment which is not appealed or an appellate court issues an order affirming a judgment of a trial
court, holding that out-of-state manufacturers or retailers, or
both, may not be required to collect the fee authorized by this
article. The out-of-state manufacturers or retailers, or both,
shall continue to collect the fee during the appellate process.
_____(b) Except as provided in subsection (c) of this section, the
provisions of this article become inoperative on the date that
either of the events described in subsection (a) of this section
occurs and, if both occur, the earlier date.
_____(c) On the date specified in subsection (b) of this section,
the provisions of this article remain operative only for the
collection of fees, the liability for which accrues prior to that
date, making refunds, effecting credits, the disposition of moneys
collected and commencing an action or proceeding pursuant to this
article.
_____NOTE: The purpose of this bill is to create a comprehensive
recycling program for electronic devices which is funded by
consumer fees on electronic devices at time of purchase and
administered by the Department of Environmental Protection with
rule-making authority.
This article is new; therefore, it has been completely
underscored.