<p> 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 486020, CODE OF LAWS OF SOUTH 12 CAROLINA, 1976, RELATING TO DEFINITIONS FOR 13 TERMS USED IN THE SOUTH CAROLINA 14 MANUFACTURER RESPONSIBILITY AND CONSUMER 15 CONVENIENCE INFORMATION TECHNOLOGY 16 EQUIPMENT COLLECTION AND RECOVERY ACT OF 2010, 17 SO AS TO ADD, AMONG OTHER DEFINITIONS, TERMS 18 RELATED TO COMPUTER MONITORS; TO AMEND 19 SECTION 486030, RELATING TO REQUIREMENTS OF 20 CERTAIN MANUFACTURERS TO PROVIDE LABELS ON 21 DEVICES INDICATING THE BRAND, SO AS TO REQUIRE 22 COMPUTER MONITOR MANUFACTURERS TO DO SO; TO 23 AMEND SECTION 486050, RELATING TO THE 24 REQUIREMENT FOR TELEVISION MANUFACTURERS TO 25 PROVIDE A RECOVERY PROGRAM FOR RECYCLING 26 TELEVISIONS, SO AS TO REQUIRE COMPUTER MONITOR 27 MANUFACTURERS TO DO SO; BY ADDING SECTION 28 486055 SO AS TO PROVIDE FOR THE CREATION AND 29 OPERATION OF STATEWIDE CONSUMER ELECTRONIC 30 DEVICE STEWARDSHIP PROGRAMS AND THE 31 DEVELOPMENT AND IMPLEMENTATION OF RELATED 32 RECOVERY PLANS, INCLUDING REQUIREMENTS FOR 33 APPROVAL OF PLANS BY THE DEPARTMENT OF HEALTH 34 AND ENVIRONMENTAL CONTROL, AND TO ESTABLISH 35 OTHER RESPONSIBILITIES AND AUTHORITY OF THE 36 DEPARTMENT AND REQUIREMENTS OF REGULATED 37 MANUFACTURERS; TO AMEND SECTION 486060, 38 RELATING TO PROTECTION FROM LIABILITY FOR 39 CERTAIN DAMAGES, SO AS TO APPLY TO COMPUTER 40 MONITOR MANUFACTURERS; TO AMEND SECTION 41 486070, RELATING TO RETAILER SALE REQUIREMENTS, 42 SO AS TO PROHIBIT RETAILERS FROM SELLING DEVICES</p><p>[3847] 1 1 MADE BY MANUFACTURERS WHO DO NOT COMPLY 2 WITH THE REQUIREMENTS OF SECTION 486055; TO 3 AMEND SECTION 486090, RELATING TO DISCARDING OR 4 PLACING COVERED DEVICES IN A WASTE STREAM, TO 5 PROHIBIT COMPONENTS OF COVERED DEVICES; TO 6 AMEND SECTION 4860100, RELATING TO RECOVERY 7 PROCESS FEES, SO AS TO LIMIT THE ABILITY OF LOCAL 8 GOVERNMENTS TO CHARGE CERTAIN FEES; TO AMEND 9 SECTION 4860140, RELATING TO REQUIREMENTS THAT 10 RECOVERY PROCESSES COMPLY WITH STATE AND 11 FEDERAL LAW, SO AS TO REQUIRE RECYCLING OR 12 REUSE FACILITIES TO MAINTAIN CERTIFICATION, TO 13 IDENTIFY APPROVED CERTIFICATION PROGRAMS, AND 14 TO REQUIRE MANUFACTURERS AND GOVERNMENTS 15 ONLY TO USE FACILITIES THAT HAVE APPROPRIATE 16 CERTIFICATION; TO AMEND SECTION 4860150, 17 RELATING TO THE DEPARTMENT’S PROMULGATION OF 18 REGULATIONS, SO AS TO ELIMINATE THE RIGHT TO 19 CHARGE CERTAIN FEES TO MANUFACTURERS; BY 20 ADDING SECTION 4860160 SO AS TO PROVIDE FOR 21 CERTAIN FEES AND PENALTIES; BY ADDING SECTION 22 4860170 SO AS TO SET FORTH THE PURPOSES OF THE 23 CHAPTER AND CERTAIN LIMITATIONS ON LIABILITY; 24 TO PROVIDE EXPIRATION DATES FOR REGULATIONS 25 PROMULGATED PURSUANT TO THIS CHAPTER, AND TO 26 MAKE TECHNICAL CORRECTIONS; AND TO REPEAL 27 SECTION 48-60-50 JUNE 30, 2014, AND CERTAIN OTHER 28 PROVISIONS JUNE 30, 2020. 29 30 Be it enacted by the General Assembly of the State of South 31 Carolina: 32 33 SECTION 1. Section 486020 of the 1976 Code, as added by Act 34 178 of 2010, is amended to read: 35 36 “Section 486020. As used in this chapter: 37 (1) ‘Collect’ or ‘collection’ means to facilitate the delivery of a 38 covered device to a collection site included in the manufacturer’s 39 program, and to transport the covered device for recovery. 40 (2) ‘Computer manufacturer’ means a person who: 41 (a) manufactures a covered computer device under its own 42 brand for sale or without affixing a brand; </p><p>[3847] 2 1 (b) sells in this State a covered computer device produced by 2 another supplier under its own brand or label; 3 (c) imports covered computer devices; provided that if a 4 company from which an importer purchases a covered computer 5 device has a presence or assets in the United States, that company 6 must be considered the manufacturer; or 7 (d) manufactures a covered computer device, supplies a 8 covered computer device to a person within a distribution network 9 that includes wholesalers or retailers in this State, and benefits 10 from the sale of a covered device through that distribution 11 network. 12 (3) ‘Computer monitor manufacturer’ means a person who: 13 (a) manufactures a covered computer monitor device under 14 its own brand for sale or without affixing a brand; 15 (b) sells in this State a covered computer monitor device 16 produced by another supplier under its own brand or label; 17 (c) imports covered computer monitor devices; provided that 18 if a company from which an importer purchases a covered 19 computer monitor device has a presence or assets in the United 20 States, that company must be considered the manufacturer; or 21 (d) manufactures a covered computer monitor device, 22 supplies a covered computer monitor device to a person within a 23 distribution network that includes wholesalers or retailers in this 24 State, and benefits from the sale of a covered device through that 25 distribution network. 26 (4) ‘Consumer’ means an occupant of a single detached 27 dwelling unit or a single unit of a multiple dwelling unit who has 28 used a covered device primarily for personal or home business use. 29 (5) ‘Consumer electronic device stewardship program’ means a 30 recycling effort established by the representative organization or 31 manufacturer of a covered television device or covered computer 32 monitor device. 33 (4)(6) ‘Covered computer device’ means a desktop, laptop or 34 notebook computer, computer monitor, or a printing device 35 marketed and intended for use by a consumer, but does not include 36 a covered television device. 37 (7) ‘Covered computer monitor device’ means a display device 38 typically manufactured without an internal tuner that can display 39 pictures and sound and is designed for use with a desktop 40 computer. 41 (5)(8) ‘Covered devices’ means a covered computer device, 42 covered computer monitor device, and a covered television device 43 marketed and intended for use by a consumer. ‘Covered device’,</p><p>[3847] 3 1 ‘covered computer device’, ‘covered computer monitor device’, 2 and ‘covered television device’ do not include any of the 3 following: 4 (a) a covered device that is a part of a motor vehicle or any a 5 component part of a motor vehicle assembled by, or for, a vehicle 6 manufacturer or franchised dealer, including replacement parts for 7 use in a motor vehicle; 8 (b) a covered device that is functionally or physically a part 9 of, or connected to, or integrated within equipment or a system 10 designed and intended for use in an industrial, governmental, 11 commercial, research and development, or medical setting, 12 including, but not limited to, diagnostic, monitoring, control or 13 medical products as defined under the federal Food, Drug, and 14 Cosmetic Act, or equipment used for security, sensing, monitoring, 15 antiterrorism, or emergency services purposes or equipment 16 designed and intended primarily for use by professional users; 17 (c) a covered device that is contained within a clothes 18 washer, clothes dryer, refrigerator, refrigerator and freezer, 19 microwave oven, conventional oven or range, dishwasher, room 20 air conditioner, dehumidifier, air purifier, water heater, or exercise 21 equipment; or 22 (d) telephones of any type, including, but not limited to, 23 mobile telephones, a personal digital assistant (PDA), a global 24 positioning system (GPS), or a handheld gaming device; or 25 (e) a plastic, wood, or composite case that once held a 26 covered device or was a subassembly of a covered device but is 27 void of any electronics, leaded glass, or metal electronic 28 components. 29 (6)(9) ‘Covered television device’ means any an electronic 30 device that contains a tuner that locks on to a selected carrier 31 frequency and is capable of receiving and displaying television or 32 video programming via broadcast, cable, or satellite, including, 33 without limitation but not limited to, any a direct view or 34 projection television with a viewable screen of nine inches or 35 larger whose display technology is based on cathode ray tube, 36 plasma, liquid crystal display, digital light processing, liquid 37 crystal on silicon, silicon crystal reflective display, light emitting 38 diode, or similar technology marketed and intended for use by a 39 consumer primarily for personal purposes. The term does not 40 include a covered computer device. 41 (7)(10)‘Department’ means the South Carolina Department of 42 Health and Environmental Control. </p><p>[3847] 4 1 (8)(11)‘Manufacturer’s brands’ means a manufacturer’s name, 2 brand name either owned or licensed by the manufacturer, or brand 3 logo for which the manufacturer otherwise has legal responsibility. 4 (9)(12)‘Person’ means an individual, business entity, 5 partnership, limited liability company, corporation, notforprofit 6 corporation, association, government entity, public benefit 7 corporation, or public authority. 8 (13) ‘Program’ means a consumer electronic device stewardship 9 program. 10 (14) ‘Program year’ means the state’s fiscal year. 11 (15) ‘Representative organization’ means an organization 12 created to develop and oversee implementation of a statewide plan 13 consisting of one or more consumer electronic device stewardship 14 programs, both in the State and in other jurisdictions that authorize 15 such a representative organization. 16 (10)(16) ‘Recover’ means to reuse or recycle. 17 (11)(17) ‘Recoverer’ means a person or entity that reuses or 18 recycles a covered device. 19 (12)(18) ‘Retail sale’ means the sale of a new product through a 20 sales outlet, the Internet, mail order, or otherwise, whether or not 21 the seller has a physical presence in this State. A retail sale 22 includes the sale of new products. 23 (13)(19) ‘Retailer’ means a person engaged in retail sales. 24 (14)(20) ‘Sale’ or ‘sell’ means any a transfer for consideration 25 of title including, but not limited to, transactions conducted 26 through sales outlets, catalogs, or the Internet or any other similar 27 electronic means, but does not mean leases. 28 (15)(21) ‘Television’ means any an electronic device that 29 contains a tuner that locks on to a selected carrier frequency and is 30 capable of receiving and displaying of television or video 31 programming via broadcast, cable, or satellite, including, without 32 limitation but not limited to, any a direct view or projection 33 television with a viewable screen of nine inches or larger whose 34 display technology is based on cathode ray tube, plasma, liquid 35 crystal display, digital light processing, liquid crystal on silicon, 36 silicon crystal reflective display, light emitting diode, or similar 37 technology marketed and intended for use by a consumer primarily 38 for personal purposes. The term does not include a covered 39 computer device. 40 (16)(22) ‘Television manufacturer’ means a person who: 41 (a) manufactures covered television devices under a brand 42 that it licenses or owns, for sale in this State; </p><p>[3847] 5 1 (b) manufactures covered television devices without affixing 2 a brand for sale in this State; 3 (c) resells into this State a covered television device under a 4 brand it owns or licenses produced by other suppliers, including 5 retail establishments that sell covered television devices under a 6 brand the retailer owns or licenses; 7 (d) imports covered television devices; provided that if a 8 company from which an importer purchases a covered device has a 9 presence or assets in the United States, that company must be 10 considered the manufacturer; 11 (e) manufactures covered television devices, supplies them 12 to any a person or persons within a distribution network that 13 includes wholesalers or retailers in this State, and benefits from the 14 sale in this State of those covered television devices through the 15 distribution network; or 16 (f) assumes the responsibilities and obligations of a 17 television manufacturer under this chapter. In the event If the 18 television manufacturer is one who manufactures, sells, or resells 19 under a brand it licenses, the licensor or brand owner of the brand 20 shall must not be included in the definition of television 21 manufacturer under items (a) or (c) above.” 22 23 SECTION 2. Section 486030 of the 1976 Code, as added by Act 24 178 of 2010, is amended to read: 25 26 “Section 486030. A computer, computer monitor, or television 27 manufacturer may not sell or offer to sell a covered device unless a 28 label indicating the computer, computer monitor, or television 29 manufacturer’s brand is permanently affixed to the covered device 30 in a readily visible location.” 31 32 SECTION 3. Section 486050 of the 1976 Code, as added by Act 33 178 of 2010, is amended to read: 34 35 “Section 486050. (A) No television manufacturer or computer 36 monitor manufacturer shall sell or offer for sale a covered 37 television device or covered computer monitor device in this State 38 unless the television manufacturer or computer monitor 39 manufacturer provides a recovery program at no charge or 40 provides a financial incentive of equal or greater value, such as a 41 coupon. </p><p>[3847] 6 1 (B) Beginning on the effective date of this chapter through June 2 30, 2012, a television manufacturer annually must recycle or 3 arrange for the recycling of covered televisions. 4 (1) Beginning program year 2012, For the program year 5 2014, which begins July 1, 2013, a television manufacturer or 6 computer monitor manufacturer annually must shall recycle or 7 arrange for the recycling of its market share of covered television 8 devices or covered computer monitor devices pursuant to this 9 section. Market share, as used in this chapter, is the total weight of 10 the manufacturer’s televisions that were sold at retail in the United 11 States to individuals during the previous program year, multiplied 12 by the population fraction of South Carolina to the United States 13 population, divided by the total weight of all of the televisions that 14 were sold at retail to individuals in South Carolina during the 15 previous program year. The individual recycling obligation for 16 each television manufacturer is the total one million pounds of 17 either covered television devices or computer monitor devices 18 recycled by all television manufacturers during the previous 19 program year multiplied by the manufacturer’s market share as 20 calculated above. The individual recycling obligation for each 21 computer monitor manufacturer is five hundred thousand pounds 22 of either covered computer monitor devices or covered television 23 devices multiplied by the manufacturer’s market share as 24 calculated above. The population fraction is determined by using 25 the most recent United States Census data for the total population 26 of South Carolina divided by the total population of the United 27 States. 28 (2) The department shall notify each television manufacturer 29 and computer monitor manufacturer of its market share recycling 30 obligation by September 15, 2013. A television manufacturer and 31 computer monitor manufacturer shall provide the department 32 information necessary for the department to calculate market share 33 and to determine each television manufacturer’s recycling 34 obligation. 35 (3) A television manufacturer and computer monitor 36 manufacturer shall report to the department the total weight of 37 manufacturer’s televisions or computer monitors sold at retail in 38 the United States, the state specific television or computer monitor 39 sales data annually calculated using the population fraction of 40 South Carolina to the United States population, and the total 41 weight of televisions covered television devices and covered 42 computer monitor devices collected and recycled in the State 43 during the previous program year. If a computer monitor</p><p>[3847] 7 1 manufacturer or a television monitor manufacturer does not 2 provide the department the necessary information for the 3 department to calculate market share then the department shall use 4 the best available national market share data to make this 5 calculation. 6 (4) The program year for a recovery program under this 7 section is the state’s fiscal year. 8 (C) A television manufacturer or computer monitor 9 manufacturer may fulfill the requirements of this section either 10 individually or in participation with other television manufacturers. 11 A recovery program may use existing collection and consolidation 12 infrastructure for collecting covered television or covered 13 computer monitor devices, including retailers, recyclers, and reuse 14 organizations. Every manufacturer shall provide the department a 15 report at the beginning of each program year, regarding 16 compliance with the obligations established by the department. 17 (D) A television manufacturer or computer monitor 18 manufacturer shall provide the department with contact 19 information for the manufacturer’s designated agent or employee 20 whom the department may contact for information related to the 21 manufacturer’s compliance with the requirements of this section.” 22 23 SECTION 4. Chapter 60, Title 48 of the 1976 Code is amended 24 by adding: 25 26 “Section 486055. (A) On July 1, 2014, and annually 27 thereafter, a television manufacturer or computer monitor 28 manufacturer shall either: 29 (1) join a representative organization created by 30 manufacturers of covered electronic devices to establish fair and 31 reasonable policies to be applied in the State and to provide a plan 32 to the department in accordance with this section; or 33 (2) notify the department of its intent to fulfill its obligations 34 under this chapter by implementing a program under subsection 35 (K). 36 (B) A representative organization shall submit a plan for the 37 operation of a statewide consumer electronic device stewardship 38 program described in this section to the department for approval 39 annually. The initial plan must be submitted to the department by 40 March 3, 2014, and annually ninety days prior to the beginning of 41 the program year in subsequent years. The plan must include 42 detail on how one or more eligible companies or covered</p><p>[3847] 8 1 electronic device stewardship programs operating within the plan 2 will: 3 (1) provide for the recycling of all used covered television 4 devices and used covered computer monitor devices collected by 5 participating local governments specified in the plan based on the 6 proportionate membership of the representative organization; 7 (2) work with a representative organization, the department, 8 and local government recycling representatives to provide 9 recycling services of covered television devices and covered 10 computer monitor devices and to provide consumers with 11 information and educational materials regarding the program to 12 promote the recycling and reuse of used covered television devices 13 and used covered computer monitor devices; 14 (3) achieve environmentally sound management for covered 15 television devices and covered computer monitor devices that are 16 collected for reuse and recycling; and 17 (4) incorporate economic arrangements that minimize costs 18 to participating manufacturers, consistent with Section 4860170. 19 (C) The representative organization plan must: 20 (1) document how the collection component of the plan was 21 developed with input from local government recycling 22 representatives and other stakeholders interested in electronics 23 recycling, especially recycling of used covered television devices 24 and used covered computer monitor devices; 25 (2) identify each manufacturer and local government 26 participating in the consumer electronic device stewardship 27 programs included in the representative organization plan and the 28 brands of consumer electronic devices sold in the State that are 29 covered by the programs; 30 (3) provide a mechanism for making the most current list of 31 participating manufacturers available to the department; 32 (4) include incentives to ensure convenient mechanisms to 33 collect used consumer electronic devices throughout the State; and 34 (5) explain why a disruption of commercial activity that may 35 arise from implementation of the plan is consistent with fulfilling 36 the intent of this chapter and provide sufficient information to 37 allow the department to confirm the consistency of the plan with 38 this chapter by review of the plan’s financial and operational 39 elements. 40 (D) Annual plans must include, but not be limited to, the 41 following: 42 (1) a list of collection programs and locations available to 43 consumers in the State;</p><p>[3847] 9 1 (2) a description of the methods used to collect, transport, 2 and process used consumer electronic devices in the State; 3 (3) the results of a survey of county and municipal recycling 4 representatives concerning the availability of opportunities for 5 consumers to recycle covered electronic devices; 6 (4) samples of information awareness and educational 7 materials provided to consumers of consumer electronic devices to 8 promote reuse and recycling and collection opportunities for used 9 devices that are available in the State; 10 (5) a list of participating companies for the most recent 11 program year and the upcoming year; 12 (6) a list of contacts from all participating local governments 13 who may be contacted by the department to confirm that their 14 recycling needs are being met by manufacturers participating in 15 the representative organization; 16 (7) a report of the organization’s prior year’s activities, 17 including the amount of electronics collected for recycling in the 18 State and the number and location of collection locations used 19 during the prior year; 20 (8) a description of services provided to each of the local 21 government participants including, but not limited to, collection 22 event services and logistical support for electronics pickup; and 23 (9) a list of manufacturers, as determined by the 24 representative organization, failing to meet their individual 25 recycling obligation as assigned by the representative organization 26 and any shortfall penalties, pursuant to Section 4860160(E)(3). A 27 manufacturer so reported to the department may elect to account 28 for the shortfall in the next program year but only may elect this 29 option once every three years. This does not preclude a 30 representative organization from developing and implementing 31 participation requirements that may otherwise exclude 32 manufacturers from participating in the representative organization 33 for failing to meet those participation requirements. 34 (E)(1) Not later than thirty calendar days after submission of the 35 plan pursuant to subsection (B), the department shall determine 36 whether or not to approve the plan. The department shall approve 37 the plan for the establishment of a consumer electronic device 38 stewardship program by the submitting representative organization 39 if it meets the requirements of subsections (B) and (C). If the 40 department finds activities included in the plan that do not fulfill 41 those requirements, it shall specify in writing what the department 42 believes to be the plan’s deficiencies, promptly meet with the 43 representative organization to discuss the department’s concerns,</p><p>[3847] 10 1 and allow the representative organization at least thirty calendar 2 days after the denial notice to submit a revised plan. If a revised 3 plan is submitted, the department shall review and approve or 4 disapprove the plan within thirty calendar days of submission. 5 (2) If the department disapproves a plan submitted pursuant 6 to item (1), and the representative organization chooses not to 7 submit a revised plan or the department disapproves the revised 8 plan, the representative organization shall have the right to appeal 9 pursuant to Section 44160. 10 (F) After the representative organization’s plan is approved, the 11 representative organization is responsible for maintaining 12 continuous service to local governments specified in the plan 13 provided by the participating consumer electronic device 14 stewardship programs. The representative organization shall 15 establish fair and reasonable rules for administration and 16 operation. 17 (G) Manufacturers of covered television devices or covered 18 computer monitor devices that are participating in a plan submitted 19 pursuant to this section and subject to a recycling assessment may 20 choose to fulfill their recycling assessment using a consumer 21 electronic device stewardship program that meets the elements set 22 forth in the approved representative organization plan. 23 (H) The department shall maintain a list of the names of 24 manufacturers and eligible programs complying with the 25 requirement of this chapter and the brands of consumer electronic 26 devices that are covered by the consumer electronic device 27 stewardship program and post this list on its website. 28 (I) A representative organization and the department shall 29 confer with stakeholders at least quarterly to address compliance, 30 efficiency, and best practices of the stewardship programs that 31 implement the representative organization’s plan. 32 (J) Local governments that receive recycling services from 33 stewardship programs participating in the representative 34 organization’s plan to recycle covered television devices and 35 covered computer monitor devices must not charge the 36 manufacturer or the representative operating the stewardship 37 program for collection costs and shall offer the manufacturer or its 38 representative other covered devices collected by a participating 39 local government at no cost. A representative organization shall 40 provide the department and each local government recycling 41 representative a point of contact for the organization, including 42 email and phone number, to ensure communication and 43 coordination among local governments, participating</p><p>[3847] 11 1 manufacturers, consumer electronic device stewardship programs 2 and the representative organization. 3 (K)(1) If a television manufacturer or computer monitor 4 manufacturer does not participate in a representative organization, 5 the manufacturer annually shall recycle or arrange for the recycling 6 of covered television devices and covered computer monitor 7 devices in the amount of eighty percent of the weight of the 8 covered television devices and covered computer monitor devices 9 sold by the manufacturer in the State during the previous program 10 year. 11 (2) The department shall notify each television manufacturer 12 or computer monitor manufacturer of its recycling obligation by 13 September fifteenth of each program year. A television 14 manufacturer or computer monitor manufacturer shall provide the 15 department information noted in item (3) to be used by the 16 department to calculate each television and computer monitor 17 manufacturer’s recycling obligation under this subsection. 18 (3) A television or computer monitor manufacturer shall 19 report to the department the total weight of the manufacturer’s 20 covered television devices or covered computer monitors devices 21 sold at retail in the United States or in this State, if the information 22 is available, and the total weight of covered devices collected and 23 recycled in the State during the previous program year. A 24 manufacturer’s weight sold data is proprietary information of the 25 manufacturer. 26 (L) A manufacturer may fulfill the requirements of this section 27 either individually, in participation with other manufacturers, or 28 through a representative organization. A recovery program may 29 use existing collection and consolidation infrastructure for 30 collecting covered devices, including local governments, retailers, 31 recyclers, and reuse organizations. 32 (M) A manufacturer shall provide the department with contact 33 information for the manufacturer’s designated agent or employee 34 whom the department may contact concerning the manufacturer’s 35 compliance with the requirements of this section. 36 (N) Manufacturers not identified as participating in a 37 representative organization plan pursuant to subsection (B) of this 38 section shall comply with the requirements of subsection (K).” 39 40 SECTION 5. Section 486060 of the 1976 Code, as added by Act 41 178 of 2010, is amended to read: 42</p><p>[3847] 12 1 “Section 486060. A computer, computer monitor, or television 2 manufacturer may is not be liable for damages arising from 3 information stored on a covered device collected from a consumer 4 under the manufacturer’s recovery programs of this chapter.” 5 6 SECTION 6. Section 486070 of the 1976 Code, as added by Act 7 178 of 2010, is amended to read: 8 9 “Section 486070. (A) A retailer only may sell or offer to sell a 10 covered device that: 11 (1) bears a manufacturer label as provided in Section 12 486030; and 13 (2) is manufactured by a manufacturer that offers a recovery 14 program as provided in Sections 486040 and, 486050, and 486055. 15 (B) The requirements of this section do not apply to a television 16 sold by a retailer for less than one hundred dollars.” 17 18 SECTION 7. Section 486090(A) of the 1976 Code, as added by 19 Act 178 of 2010, is amended to read: 20 21 “(A) After July 1, 2011, a consumer must not knowingly place 22 or discard a covered device or any of the components or 23 subassemblies of a covered device in any a waste stream that is to 24 be disposed of in a solid waste landfill.” 25 26 SECTION 8. Section 4860100 of the 1976 Code, as added by Act 27 178 of 2010, is amended to read: 28 29 “Section 4860100. (A) The department shall provide 30 information to the public on its Internet website regarding the 31 provisions of the chapter and the prohibition on disposing of 32 covered devices in a solid waste landfill. The department also 33 shall provide information about recovery programs available in the 34 State on the department’s Internet website. The website must 35 include information about collection options available, the 36 definition of covered devices, the proper methods for disposing 37 disposal of covered devices, the proper methods for disposing 38 disposal of noncovered devices, and links to relevant portions of 39 computer or television manufacturer’s Internet websites. 40 (B) Any local government eligible to participate in the 41 statewide Electronic Equipment Recycling Services (EERS) 42 contract with the South Carolina Budget and Control Board may 43 not charge a consumer a fee at any point of the recovery process.”</p><p>[3847] 13 1 2 SECTION 9. Section 4860140 of the 1976 Code, as added by Act 3 178 of 2010, is amended to read: 4 5 “Section 4860140. (A) Covered devices must be recovered in a 6 manner that complies with all applicable federal, state, and local 7 requirements. Collection and storage of covered devices must be 8 performed in accordance with best management practices. 9 (B) Recoverers must at a minimum comply with the 10 responsible recycling practices (R2/RIOS) developed by the 11 Institute of Scrap Recycling Industries or other comparable 12 industry or governmental standards All recycling or reuse facilities 13 used by recoverers of covered electronic devices must, at a 14 minimum, achieve and maintain thirdparty accredited certification. 15 Acceptable certification programs include the Responsible 16 Recycling (R)(2) Practices and eStewards. Other certification 17 programs recognized by the department or the United States 18 Environmental Protection Agency also are acceptable. 19 Manufacturers of covered electronic devices shall ensure that 20 recycling or reuse facilities used as part of their recovery programs 21 meet this requirement. Local governments and other consolidators 22 of covered electronic devices shall ensure that the material they 23 collect is transferred to a recycling or reuse facility that meets this 24 requirement.” 25 26 SECTION 10. Section 4860150 of the 1976 Code, as added by 27 Act 178 of 2010, is amended to read: 28 29 “Section 4860150. The department shall promulgate regulations 30 needed to implement this chapter’s provisions including, but not 31 limited to, reporting requirements, manufacturers’ plans, 32 manufacturers’ annual reports, and standards for operations of 33 recovery facilities. The department may propose by regulation, 34 which must be submitted to the General Assembly pursuant to the 35 Administrative Procedures Act, an initial registration fee or annual 36 fee, or both, on computer or television manufacturers of covered 37 devices, the proceeds of which must be used solely for the 38 purposes of implementing the provisions of this chapter. Any fee 39 proposed by the department must be graduated based on the 40 computer manufacturer’s volume of sales in this State. Any 41 registration fee or annual fee for television manufacturers must be 42 based on market share as defined in this chapter. A manufacturer 43 of a covered device that sells one thousand or less per year is</p><p>[3847] 14 1 exempt from any fee, which must be submitted to the General 2 Assembly pursuant to the Administrative Procedures Act.” 3 4 SECTION 11. Chapter 60, Title 48 of the 1976 Code is amended 5 by adding: 6 7 “Section 4860160. (A) A manufacturer subject to the 8 requirements of this chapter shall pay the department an annual 9 registration fee in the amount of three thousand five hundred 10 dollars. 11 (B) A representative organization shall pay the department an 12 annual registration fee in the amount of twenty thousand dollars 13 for the department to pay the full costs of administering and 14 enforcing the provisions of this chapter relating to representative 15 organizations. 16 (C) Manufacturers participating in a representative organization 17 are exempt from paying an annual registration fee. 18 (D) A manufacturer that produces computer monitors, 19 computers, or televisions is only required to pay one annual 20 registration fee, if a fee is required. 21 (E)(1) A manufacturer of a covered device that fails to comply 22 with a requirement of this chapter, excluding recycling obligation 23 shortfalls as provided for in this section, is subject to a fine not to 24 exceed one thousand dollars per violation. 25 (2) A manufacturer of a covered television device or covered 26 computer monitor device participating in a plan pursuant to 27 Section 486050 or Section 486055(K) that fails to meet its 28 individual recycling obligation for the previous program year as 29 outlined in this chapter may elect to: 30 (a) pay a shortfall fee as determined by the department; or 31 (b) account for the amount of the shortfall in the following 32 year. A manufacturer electing to account for the amount of a 33 shortfall in the following year only may elect this option once 34 every three years. 35 (3) The shortfall fee provided for in this section must be 36 calculated as follows: 37 (a) If the manufacturer of a covered television or 38 computer monitor device recycles at least ninety percent, but less 39 than one hundred percent of its individual recycling obligation, the 40 shortfall fee is thirty cents multiplied by the number of additional 41 pounds that should have been recycled in order for the 42 manufacturer to have met its individual recycling obligation.</p><p>[3847] 15 1 (b) If the manufacturer of a covered television or 2 computer monitor device recycles at least fifty percent, but less 3 than ninety percent of its individual recycling obligation, the 4 shortfall fee is forty cents multiplied by the number of additional 5 pounds that should have been recycled in order for the 6 manufacturer to have met its individual recycling obligation. 7 (c) If the manufacturer of a covered television or computer 8 monitor device recycles less than fifty percent of its individual 9 recycling obligation, the shortfall fee is fifty cents multiplied by 10 the number of additional pounds that should have been recycled in 11 order for the manufacturer to have met its individual recycling 12 obligation. 13 (F) A manufacturer of a covered device that sells five hundred 14 or fewer such devices in the State per year is exempt from 15 registration, penalty, or shortfall fees proposed in this chapter. 16 (G) A television manufacturer participating in a representative 17 organization with an approved consumer electronic device 18 stewardship program that falls below seventyfive percent of its 19 allocation, as determined by a representative organization at the 20 end of the program year, is ineligible to participate in the consumer 21 electronic device stewardship program the following year and must 22 participate in the plan enumerated in Section 486055(K). 23 (H) All fees and penalties collected by the department to 24 administer and enforce this chapter must be deposited in a 25 dedicated account and may be expended by the department to 26 cover the department’s costs to implement this chapter. Shortfall 27 fees must be used to assist local governments in recycling covered 28 devices as required by this chapter.” 29 30 SECTION 12. Chapter 60, Title 48 of the 1976 Code is amended 31 by adding: 32 33 “Section 4860170. (A) The intent of this chapter is to 34 implement programs and services that ensure the availability of 35 adequate endoflife electronic product handling for the benefit of 36 citizens of the State, which fairly, effectively, and efficiently share 37 the burdens of doing so among computer manufacturers and 38 computer monitor manufacturers, regardless of the effect on 39 competition of doing so, and which require the State to direct and 40 supervise implementation of a statewide plan of one or more 41 consumer electronic device stewardship programs. Representative 42 organizations and persons participating in representative</p><p>[3847] 16 1 organizations may not be held liable or prosecuted under federal or 2 state antitrust law. 3 (B) A manufacturer acting in accordance with the provisions of 4 this chapter may negotiate, enter into, or conduct business with a 5 representative organization, and the manufacturer, representative 6 organization, and eligible program are not subject to damages, 7 liability, or scrutiny under federal or state antitrust law, regardless 8 of the effects of their actions on competition. It further is the 9 intent and belief of the State that the supervisory activities 10 described in this chapter are sufficient to confirm that activities of 11 the manufacturers, eligible programs, and recyclers developing or 12 participating in a plan that is approved pursuant to Section 486055 13 are authorized and actively supervised by the State.” 14 15 SECTION 13. Section 486050 is repealed June 30, 2014. The 16 remaining provisions of this chapter, except Section 486090, are 17 repealed June 30, 2020. 18 19 SECTION 14. If any section, subsection, paragraph, 20 subparagraph, sentence, clause, phrase, or word of this act is for 21 any reason held to be unconstitutional or invalid, such holding 22 shall not affect the constitutionality or validity of the remaining 23 portions of this act, the General Assembly hereby declaring that it 24 would have passed this act, and each and every section, subsection, 25 paragraph, subparagraph, sentence, clause, phrase, and word 26 thereof, irrespective of the fact that any one or more other sections, 27 subsections, paragraphs, subparagraphs, sentences, clauses, 28 phrases, or words hereof may be declared to be unconstitutional, 29 invalid, or otherwise ineffective. 30 31 SECTION 15. This act takes effect upon approval by the 32 Governor. 33 XX 34</p><p>[3847] 17</p>