Section 1. Amend Title 7, Delaware Code, by adding a new Subchapter IX to read as follows:

“Subchapter IX. Electronic Recycling

§6099A. Purpose.

The purpose of the Act is to establish a comprehensive recycling system that ensures the safe and environmentally sound management of electronic devices and components and that encourages the design of electronic devices and components that are less toxic and more recyclable; and promotes the development of a statewide infrastructure for collection and recycling of end-of-life electronics.

§6099B. Definitions. For the purposes of this Act, the following terms have the following meanings:

(a) ‘Authority’ means the Delaware Solid Waste Authority.

(b) ‘Department’ means the Department of Natural Resources and Environmental Control.

(c) ‘Cathode ray tube’ or ‘CRT’ means a vacuum tube or picture tube used to convert an electronic signal into a visual image.

(d) ‘Computer’ means an electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage function, and may include both a computer central processing unit and a monitor, but such term does not include an automated typewriter or typesetter, a portable handheld calculator, a portable digital assistant, or other similar device.

(e) ‘Consumer’ means an individual who purchases a covered electronic device in a transaction that is a retail sale.

(f) ‘Covered Electronic Device’ (CED) for the purposes of this Act, is desktop/personal computers, computer monitors, portable computers, CRT-based televisions, and non- CRT-based televisions. ‘Covered electronic device’ does not include any of the following:

i. A covered electronic 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 franchised dealer, including replacement parts for use in a motor vehicle.

ii. A covered electronic device that is functionally or physically a part of a larger piece of equipment designed and intended for use in an industrial, commercial, or medical setting, including diagnostic, monitoring, or control equipment.

iii. A covered electronic 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.

iv. Telephones of any type unless they contain a video display area greater than 4” measured diagonally.

(g) ‘Manufacturer’ means any person who, either as of the effective date of this legislation or thereafter, and irrespective of the selling technique used, including by means of remote sale: 1) manufactures covered electronic devices under its own brand for sale in this State; 2) manufactures covered electronic devices for sale in this State without affixing a brand, 3) resells in this State covered electronic devices produced by other suppliers under its own brand or label; or 4) imports or exports covered electronic devices into the United States for sale in this State. However, if a company from whom an importer purchases the merchandise has a U.S. presence and/or assets, that company shall be deemed to be the manufacturer; or, 5) manufactures covered electronic devices, supplies them to any person or persons within a distribution network that includes wholesalers or retailers in this State, and benefits from the sale in this State of those covered electronic devices through that distribution network.

(h) ‘Manufacturer's brands’ means a manufacturer's name, brand name, or brand label, and all manufacturer's names, brand names, and brand labels for which the manufacturer has legal responsibility, including those names, brand names, and brand labels of companies that have been acquired by the manufacturer.

(i) ‘Monitor’ means a separate video display component of a computer, whether sold separately or together with a computer central processing unit/computer box, and includes a cathode ray tube, liquid crystal display, gas plasma, digital light processing, or other image projection technology, greater than four inches when measured diagonally, and its case, interior wires and circuitry, cable to the central processing unit, and power cord.

(j) ‘Obligation’ means the quantity of covered electronic devices, by weight, identified for an individual manufacturer, as defined by the Department under § 6099G of this Title.

(k) ‘Person’ means an individual, trust firm, joint stock company, business concern, and corporation, including, but not limited to, a government agency, partnership, limited liability company, or association.

(l) ‘Portable computer’ means a computer and video display greater than four inches in size that can be carried as one unit by an individual (e.g., a laptop computer).

(m) ‘Purchase’ means the taking, by sale, of title in exchange for consideration.

(n) ‘Recycling’ means any process by which covered electronic devices that would otherwise become solid waste or hazardous waste are collected, separated, and processed to be returned to use in the form of raw materials or products.

(o) ‘Registrant’ means a manufacturer of covered electronic devices that is in full compliance with the requirements of this Act.

(p) ‘Retail sales’ includes sales of products through sales outlets, via the Internet, mail order, or other means, whether or not the seller has a physical presence in this State.

(q) ‘Retailer’ means a person who owns or operates a business that sells new covered electronic devices in this State by any means to a consumer.

(r) ‘Sell’ or ‘sale’ means any transfer for consideration of title, including, but not limited to, transactions conducted through sales outlets, catalogs, or the Internet, or any other, similar electronic means, and excluding leases.

(s) ‘Small business’ means any not-for-profit enterprise, sheltered workshop or business enterprise which is engaged in any phase of manufacturing, agricultural production or personal service, regardless of the form of its organization, when such enterprise or workshop employs less than 20 persons, has gross receipts of less than $4,000,000 and is not owned, operated or controlled by another business enterprise.

(t) ‘State recycling rate’ means the ratio of the weight of total overall returns of CEDs in the State to the weight of total overall sales of CEDs in the State during the previous calendar year.

(u) ‘Television’ means a stand-alone display system containing a CRT or any other type of display primarily intended to receive video programming via broadcast, having a viewable area greater than four inches when measured diagonally, able to adhere to standard consumer video formats such as PAL, SECAM, NTSC, and HDTV and having the capability of selecting different broadcast channels and support sound capability.

(v) ‘Video Display’ means an output surface having a viewable area greater than four inches when measured diagonally that displays 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 (and cannot be easily removed from the display by the consumer) that produces the moving image on the screen. Displays typically use a cathode ray tube (CRT), liquid crystal display (LCD), gas plasma, digital light processing, or other image projection technology.

§6099C. Sales Prohibition.

(a) A manufacturer not in compliance with all financial and other requirements of this Act is prohibited from offering a covered electronic device for sale in this State.

(b) A retailer may not offer for sale in this State a new covered electronic device from a manufacturer that is not in full compliance with the requirements of this Act. The Department shall maintain a list of all manufacturers in compliance the requirements of this Act and post the list on an internet website. Retailers of products in or into the State shall consult the list prior to selling covered electronic devices in this State. A retailer shall be considered to have complied with this responsibility if, on the date that the product was ordered from the manufacturer or its agent, the manufacturer was listed as being in compliance on the aforementioned website.

(c) A manufacturer or retailer may not sell or offer for sale a covered electronic product in the State unless it is labeled with the manufacturer's brand, and the label is permanently affixed and readily visible.

§6099D. Reporting and Registration.

(a) Manufacturers of covered electronic devices shall report to the Department by January 30 of each year the total weight of CEDs sold in the State the previous calendar year. In lieu of providing the total weight of CEDs sold in the State the previous calendar year, a manufacturer may request that the Department calculate the total weight of CEDs sold in the State by using prorated national sales data based on State population.

(b) Each manufacturer of covered electronic devices shall register with the Department by January 30 of each year and pay an annual registration fee of $2,500, with the exception of the fee for any manufacturer that qualifies as a small business, which shall pay an annual registration fee of $500.

§6099E. Manufacturer Responsibility.

(a) Manufacturers of CEDs sold in the state must submit an additional fee based on sales in the State to the Authority. The fee shall be calculated using the following formula: the State recycling rate multiplied by the weight of sales of the manufacturer’s covered electronic devices sold in the State during the previous calendar year, multiplied by no more than $0.50 per pound.

(b) In lieu of payment of the fee set forth in subsection (a) above, a manufacturer or a group of manufacturers may submit a plan to collect, transport, and recycle CEDs.

(c) An individual manufacturer submitting a plan in lieu of payment of the fee set forth in subsection (a) above, must collect, transport, and recycle a quantity of CEDs equal to the weight of sales of the manufacturer's covered electronic devices in the State during the previous calendar year multiplied by the State recycling rate.

(d) A group of manufacturers jointly submitting a plan in lieu of payment of the fee set forth in subsection (a) above, must collect, transport, and recycle the sum of the obligations of each participating manufacturer.

(e) The plan shall be filed with a manufacturer’s annual registration, and shall include at a minimum:

1. Methods that will be used to collect the CEDs including the name and locations of all collection and consolidation points.

2. An estimate of the amount of CEDs that will be collected annually.

3. The processes and methods that will be used to recycle recovered CEDs including a description of the disassembly, physical recovery operation (e.g., crushing, shredding, grinding, glass to glass recycling) and /or other operations that will be used. Include the name and location of all facilities to be utilized.

4. Documentation of audits of each processor used in the plan and compliance with processing standards established under this Title.

5. A description of the accounting and reporting systems that will be employed to track progress toward fulfilling the plan’s obligations.

6. Means that will be utilized to publicize the collection opportunities.

7. The intention of the registrant to fulfill its obligations through operation of its own program, either individually or in partnership with other manufacturers.

8. The total weight of CEDs collected, transported and recycled the previous year.

(f) Before the fee set forth in subsection (a) of this section may be waived, the plan must be reviewed and approved by the Department. Upon approval of the plan by the Department, the manufacturer payment of the annual fees based upon sales will be waived. The Department may reject the plan in part or in whole and may impose additional requirements as a condition of approval.

(g) If a manufacturer fails to comply with all the conditions and terms of an approved plan, the manufacturer shall be subject to the enforcement provisions of § 6005 of this Title.

(h) Manufacturers that collect, transport, and recycle CEDs in excess of their obligation may apply that excess credit to the following year’s recycling obligation.

§6099F. Retailer Responsibility.

(a) A retailer must clearly post and provide information provided by the Authority that describes where and how to recycle 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 and website, information included in the packaging, or information provided accompanying the sale of the covered electronic device.

(b) A retailer shall only sell products from registrants. Retailers shall consult the list described in § 6099C of this Title prior to selling covered electronic devices in this State. A retailer shall be considered to have complied with this responsibility if on the date that the product was ordered from the manufacturer or its agent, the manufacturer was listed as being in compliance on the aforementioned website.

§6099G. Department Responsibility.

(a) By February 15 of each year, the Department shall establish the State recycling rate, by calculating the ratio of the weight of total overall returns of CEDs in the State to the weight of total overall sales of CEDs in the State during the previous calendar year.

(b) By March 1 of each year, the Department shall provide each registrant with its responsibility for fees from sales or for collection, recycling, and transportation in pounds for that year.

(c) The Department shall maintain a list of registrants and post the list on an Internet website that is updated at least once a month.

(d) The Department shall organize and coordinate public education and outreach.

(e) The Department shall use the revenues received from registrants for the sole purpose of fulfilling its responsibilities under this Act.

(f) The Department shall prepare a plan every three years that:

1. establishes per capita collection and recycling goals, and

2. identifies any necessary State actions to expand collection opportunities to achieve the per capita collection and recycling goals.

That plan shall be posted on the Department website and sent to the General Assembly.

(g) The Department shall annually report:

1. The total weight of CEDs collected in the State the previous calendar year.

2. The total weight of CEDs sold in the State the previous calendar year.

3. Progress toward achieving the overall annual total recovery and recycling goals described in the plan described in § 6099G(f) of this Title.

4. A complete listing of all collection sites operating in the State in the prior calendar year, the parties that operated them, and the amount of material by weight collected at each site.

5. An evaluation of the effectiveness of the education and outreach program.

6. An evaluation of the existing collection and processing infrastructure.

(h) The Department shall annually post the report on its website.

(i) The program implemented to effect the provisions of this Act and its associated regulations shall be fully audited by an independent, certified public accountant at the end of each calendar year and said audit report submitted to the General Assembly.

(j) The Department shall maintain a website and toll-free number complete with up-to-date listings of where consumers can bring covered electronics products for recycling under this Act.

(k) No more frequently than annually and no less frequently than biennially, the Department shall review, at a public hearing, the CED recycling and registration fee(s).

§6099H. Authority Responsibilities.

(a) The Authority shall receive fees as described in § 6099E of this Title from manufacturers for the sale of covered electronic devices.

(b) The Authority shall ensure that at least one electronics collection opportunity is available at least five (5) days a week in each county throughout the State and in such a manner as to be convenient, to the maximum extent feasible, to all consumers in the county.

(c) The Authority shall encourage the use of existing collection and consolidation infrastructures for handling CEDs to the extent that this infrastructure is accessible on a regular and ongoing basis.

(d) The Authority shall use the revenues received from registrants for the sole purpose of fulfilling its responsibilities under this Act.

§6099I. Fees for the Collection or Recycling of Covered Electronic Products.

No fees or costs may be charged to consumers for the collection, transportation, or recycling of covered electronic products.

§6099J. Reimbursement for Collection, Transportation, and Recycling.

The Authority shall engage in competitive bidding for the collection, transportation, and recycling of covered electronic devices.

§6099K. Environmentally Sound Management Requirements.

(a) Covered electronic devices collected through any program in Delaware, whether by manufacturers, retailers, for-profit or not-for profit corporations, units of government, or organized by the Department, must be recycled in a manner that is in compliance with all applicable federal, state, and local laws, regulations, and ordinances, and must not be exported for disposal in a manner that poses a significant risk to the public health or the environment.

(b) The Department shall maintain a website that shall include a list of entities and organizations that it has determined have met these performance standards.

§6099L. Disposal Ban. Two years after enactment of this law, it shall be illegal for any person to place in municipal solid waste a covered electronic device or any of the components or subassemblies thereof in any solid waste disposal facility.

§6099M. Enforcement

(a) The State including its Attorney General and the Department shall be authorized to initiate independent action to enforce any provision of this law, including failure by the manufacturer to remit the registration fee to the Department. Any funds awarded by the court shall be used first to offset enforcement expenses. Money in excess of the enforcement expenses shall be deposited with the Department.

(b) An offense shall be considered:

(1) the sale of a new CED by any person that is not in full compliance with the provisions of this Act,

(2) use of a qualified collection program to recycle covered electronic products not discarded within the state,

(3) the knowing failure to report or accurately report any data required to be reported to the Department by this Act, or

(4) non-payment of fees.

§6099N. The Department shall adopt rules and regulations as shall be necessary for the purpose of administering this Act.

§6099O. Multi-State Implementation. The Department is authorized to participate in the establishment and implementation of a regional, multi-state organization or compact to assist in carrying out the requirements of this Act.

Section 2. Unless otherwise specified, this Act shall take effect on January 1, 2007, with the exception of § 6099N of this Title which shall take effect immediately.

Section 3. The provisions of this Act shall be severable, and if any part of this Act is declared to be invalid or void by a court of competent jurisdiction, the remaining portion shall not be affected, but shall remain in full force and effect and shall be construed to be the entire Act.