The Vermont Statutes Online

Title 10: Conservation and Development

Chapter 166: Collection and Recycling of Electronic Devices

• § 7551. Definitions

  As used in this chapter:

  (1) “Agency” means the Agency of Natural Resources.

  (2) “Cathode-ray tube” means a vacuum tube or picture tube used to convert an electronic signal into a visual image.

  (3) “Collection” means the aggregation of electronic waste from covered entities and includes all the activities up to the time the electronic waste is delivered to a recycler.

  (4) “Collector” means a public or private entity that receives electronic waste from covered entities or from another collector and that performs any of the following:

  (A) arranges for the delivery of the electronic waste to a recycler;

  (B) sorts electronic waste;

  (C) consolidates electronic waste; or

  (D) provides data security services in a manner approved by the Secretary.

  (5) “Computer” means a laptop computer, desktop computer, tablet computer, or central processing unit that conveys electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions. “Computer” does not include an automated typewriter or typesetter or other similar device.

  (6) “Computer monitor” means a display device without a tuner that can display pictures and sound and is used with a computer.

  (7) “Computer peripheral” means a keyboard or any other device sold exclusively for external use with a computer that provides input or output into or from a computer.

  (8) “Covered electronic device” means a computer, computer monitor, device containing a cathode ray tube, printer, or television from a covered entity. “Covered electronic device” does not include any motor vehicle or any part thereof; a camera or video camera; a portable or stationary radio; a wireless telephone; a household appliance, such as a clothes washer, clothes dryer, water heater, refrigerator, freezer, microwave oven, oven, range, or dishwasher; equipment that is functionally or physically part of a larger piece of equipment intended for use in an industrial, research and development, or commercial setting; security or anti-terrorism equipment; monitoring and control instruments or systems; thermostats; hand-held transceivers; a telephone of any type; a portable digital assistant or similar device; a calculator; a global positioning system receiver or similar navigation device; commercial medical equipment that contains a cathode ray tube, a cathode ray tube device, a flat panel display, or similar video display that is not separate from the larger piece of equipment; or other medical devices, as the term “device” is defined under 21 U.S.C. § 321(h) of the Federal Food, Drug, and Cosmetic Act, as that section is amended from time to time.

  (9) “Covered entity” means any household, charity, or school district in the State or a business in the State that employs 10 or fewer individuals. If seven or fewer covered electronic devices are delivered to a collector at any given time, those devices shall be presumed to be from a covered entity.

  (10) “Electronic waste” means a computer, computer monitor, computer peripheral, device containing a cathode ray tube, printer, or television from a covered entity. “Electronic waste” does not include any motor vehicle or any part thereof; a camera or video camera; a portable or stationary radio; a wireless telephone; a household appliance, such as a clothes washer, clothes dryer, water heater, refrigerator, freezer, microwave oven, oven, range, or dishwasher; equipment that is functionally or physically part of a larger piece of equipment intended for use in an industrial, library, research and development, or commercial setting; security or antiterrorism equipment; monitoring and control instruments or systems; thermostats; handheld transceivers; a telephone of any type; a portable digital assistant or similar device; a calculator; a global positioning system receiver or similar navigation device; commercial medical equipment that contains a cathode ray tube, a cathode ray tube device, a flat panel display, or similar video display that is not separate from the larger piece of equipment; or other medical devices, as the term “device” is defined under 21 U.S.C. § 321(h) of the Federal Food, Drug, and Cosmetic Act, as that section is amended from time to time.

  (11) “Manufacturer” means a person who:

  (A) manufactures or manufactured a covered electronic device under its own brand or label for sale in the State;

  (B) sells in the State under its own brand or label covered electronic devices produced by another supplier;

  (C) owns a brand that it licenses or licensed to another person for use on a covered electronic device sold in the State;

  (D) imports into the United States for sale in the State a covered electronic device manufactured by a person without a presence in the United States;

  (E) manufactures covered electronic devices for sale in the State without affixing a brand name; or

  (F) assumes the responsibilities, obligations, and liabilities of a manufacturer as defined under subdivisions (A) through (E) of this subdivision (11), provided that the Secretary may enforce the requirements of this chapter against a manufacturer if a person who assumes the manufacturer’s responsibilities fails to comply with the requirements of this chapter.

  (12) “Market share” means a “manufacturer’s market share” that shall be the manufacturer’s percentage share of the total weight of covered electronic devices sold in the State as determined by an estimate of the aggregate total weight of the manufacturer’s covered electronic devices sold in the State during the previous program year based on national sales data unless the Secretary approves a manufacturer to use actual sales data.

  (13) “Printer” means desktop printers, multifunction printer copiers, and printer fax combinations taken out of service that are designed to reside on a work surface and include various print technologies, including without limitation laser and LED (electrographic), ink jet, dot matrix, thermal, and digital sublimation, and “multi-function” or “all-in-one” devices that perform different tasks, including copying, scanning, faxing, and printing. “Printer” does not include floor-standing printers, printers with an optional floor stand, point of sale (POS) receipt printers, household printers such as a calculator with printing capabilities or label makers, or nonstand-alone printers that are embedded into products that are not covered electronic products.

  (14) “Program year” means the period established by the Secretary as the program year in the Plan required by section 7552 of this title.

  (15) “Recycler” means a person who accepts electronic waste from covered entities and collectors for the purpose of recycling. A person who takes products solely for reuse, refurbishment, or repair is not a recycler.

  (16) “Recycling” means the process of collecting and preparing electronic wastes for use in manufacturing processes or for recovery of useable materials followed by delivery of such materials for use. Recycling does not include destruction by incineration, waste-to-energy incineration or other such processes, or land disposal.

  (17) “Retailer” means a person who sells, rents, or leases covered electronic devices to a person in the State, through any means, including sales outlets, catalogues, the telephone, the Internet, or any electronic means.

  (18) “Sell” or “sale” means any transfer for consideration of title or of the right to use by lease or sales contract of a covered electronic device to a person in the State. “Sell” or “sale” does not include the sale, resale, lease, or transfer of used covered electronic devices or a manufacturer’s or a distributor’s wholesale transaction with a distributor or a retailer.

  (19) “Television” means any telecommunications system or device containing a cathode ray tube or other type of display system with a viewable area of greater than four inches when measured diagonally that can broadcast or receive moving pictures and sound over a distance and includes a television tuner or a display device peripheral to a computer that contains a television tuner.

  (20) “Transporter” means a person that moves electronic waste from a collector to either another collector or to a recycler. (Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010; amended 2011, No. 148 (Adj. Sess.), § 16.)

• § 7552. Standard Electronic Waste Recycling Plan

  (a) Standard Plan adoption. Beginning January 1, 2011, the Secretary shall adopt a plan for the collection and recycling of all electronic waste in the State. In developing the Plan, the Secretary shall evaluate existing electronic waste collection opportunities and services in each county to determine whether such opportunities and services are adequate. In making an adequacy determination, the Secretary shall consider the geography, population, and population density of each county. If, after completion of an adequacy review, the Secretary determines that the collection opportunities in a county are:

  (1) Inadequate, the Secretary may require additional collection activities in that county. Additional collection activities may include additional collection facilities, collection events, or other collection activities identified by the Secretary as necessary to achieve the Statewide recycling goal. If the Secretary requires additional collection activities, the Secretary shall consider, as one of the criteria reviewed in selecting additional collection activities, the cost-effectiveness of the additional collection activities in achieving the objective of convenient service.

  (2) Adequate, and that additional collection opportunities are not required.

  (b) Standard Plan minimum requirements. The Standard Plan shall:

  (1) site at least three permanent facilities in each county for the collection of electronic waste from covered entities, unless the Secretary determines that existing or proposed collection opportunities are not required, but in no case shall the Secretary reduce the number of permanent facilities below one;

  (2) site at least one permanent facility in each city or town with a population of 10,000 or greater for the collection of electronic waste from covered entities;

  (3) require electronic waste collection facilities to accept electronic waste at no cost to covered entities;

  (4) ensure that each recycler used in implementing the Plan complies with the recycling standards established under section 7559 of this title;

  (5) ensure that during Plan implementation a public information and outreach effort takes place to inform consumers about how to recycle their electronic waste at the end of the product’s life;

  (6) require electronic waste collection facilities to be staffed, open on an ongoing basis, and open to the public at a frequency needed to meet the needs of the area being served;

  (7) prohibit a collection facility from refusing to accept electronic waste delivered to the facility for recycling from a covered entity.

  (c) Plan evaluation. The Secretary shall annually review and analyze the Standard Plan to determine if implementation of the Standard Plan achieves the statewide collection and recycling goal set forth under section 7555 of this title. The Secretary may modify the plan based upon the results of that review.

  (d) Plan term. The Secretary shall revise and adopt the standard plan every five years.

  (e) Public review and consultation. Prior to the approval or modification of the Standard Plan, the Agency shall make the proposed Standard Plan available for public review and comment for at least 30 days. The Agency shall consult with interested persons, including manufacturers, recyclers, collectors, retailers, solid waste districts, and environmental groups.

  (f) Applicability. A collector, transporter, or recycler not included in a plan approved under this section or under a plan approved under section 7554 of this title shall not be subject to the requirements of this section or section 7554. (Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010.)

• § 7553. Sale of covered electronic devices; manufacturer registration

  (a) Sale prohibited. Beginning July 1, 2010, no manufacturer shall sell or offer for sale or deliver to a retailer for subsequent sale a covered electronic device unless:

  (1) the manufacturer has filed the registration required by this section;

  (2)(A) beginning July 1, 2010 and annually thereafter, the manufacturer has paid the fee required by subsection (g) of this section; and

  (B) beginning July 1, 2011 and annually thereafter, if the manufacturer is covered under the Standard Plan, the manufacturer has paid the fee required by subsection (h) of this section; and

  (3) the covered electronic device is labeled with the manufacturer’s brand or registered trademark, and the label or trademark is permanently affixed and readily visible.

  (b) Manufacturer registration requirements.

  (1) The manufacturer shall file a registration form with the Secretary. The Secretary shall provide the registration form to a manufacturer. The registration form shall include:

  (A) A list of the manufacturer’s brands of covered electronic devices offered for sale by the manufacturer in this State.

  (B) The name, address, and contact information of a person responsible for ensuring the manufacturer’s compliance with this chapter.

  (C) Beginning July 1, 2011 and annually thereafter, a certification that the manufacturer is seeking coverage under the Standard Plan set forth under subsection (a) of this section or, under a plan approved under section 7554 of this title, is opting out of the Standard Plan.

  (D) An estimate of the aggregate total weight of the manufacturer’s covered electronic devices sold during the previous program year based on national sales data. A manufacturer shall submit with the report required under this subsection a description of how the estimate was calculated. The data submitted under this subdivision (1)(D) shall be considered a trade secret for the purposes of 1 V.S.A. § 317(c)(9).

  (2) A renewal of a registration without changes may be accomplished through notifying the Agency of Natural Resources on a form provided by the Agency.

  (c) Registration prior to sale. A manufacturer who begins to sell or offer for sale covered electronic devices and has not filed a registration under this section or section 7554 of this title shall submit a registration to the Agency of Natural Resources within 10 days of beginning to sell or offer for sale covered electronic devices.

  (d) Amendments to registration. A registration shall be amended within 10 days after a change to any information included in the registration submitted by the manufacturer under this section.

  (e) Effective date of registration. A registration is effective upon receipt by the Agency of Natural Resources of a complete registration form and payment of fees required by this section. Registration under this chapter shall be renewed annually.

  (f) Agency review of registration application. The Agency of Natural Resources shall notify the manufacturer of any required information that is omitted from the registration. Upon receipt of a notification from the Agency, the manufacturer shall submit a revised registration providing the information noted by the Agency.

  (g) Registration fee.

  (1) Each manufacturer of a covered electronic device registered under this section shall pay to the Secretary a fee:

  (A) For the program year beginning July 1, 2010, for manufacturers who sell in Vermont no more than 100 covered electronic devices, the fee shall be $1,250.00, and for all other manufacturers, the fee shall be $5,000.00.

  (B) For the program year beginning July 1, 2011 and annually thereafter, the fee shall be determined by multiplying the manufacturer’s market share by the cost to the Agency of administering the electronic waste collection program under this chapter.

  (2) The fees collected under this subsection shall be deposited into the Electronic Waste Collection and Recycling Account of the Waste Management Assistance Fund.

  (h) Implementation fee.

  (1) Beginning July 1, 2011, each manufacturer that seeks coverage under the Standard Plan shall pay to the Secretary an implementation fee that shall be assessed on a quarterly basis and that shall be determined by multiplying the manufacturer’s market share by the prior quarter’s cost of implementing the electronic waste collection and recycling program adopted under the Standard Plan. For purposes of this section, the Electronic Waste and Recycling Program includes collection, transportation, recycling, and the reasonable cost of contract administration.

  (2) The fee collected under this subsection shall be deposited into the Electronic Waste Collection and Recycling Account of the Waste Management Assistance Fund.

  (3) At the end of each program year, the Secretary shall review the total costs of collection and recycling for the program year and shall reapportion the implementation fee assessed under this subsection to accurately reflect the actual cost of the Program and the manufacturer’s market share of covered electronic devices sold in the State during the program year.

  (i) Exemption. A manufacturer who sells fewer than 20 covered electronic devices in Vermont in a program year is exempt from the requirements of this section. (Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010; amended 2009, No. 156 (Adj. Sess.), § E.701; 2011, No. 161 (Adj. Sess.), § 6.)

• § 7554. Manufacturer opt-out individual plan

  (a) Opt-out of Standard Plan. A manufacturer or group of manufacturers may elect not to seek coverage under the Standard Plan established under section 7552 of this title, provided that the manufacturer or group of manufacturers complies with the requirements of subdivisions 7553(a)(1)-(3) of this title and submits an individual plan to the Secretary for approval that:

  (1) provides for each county the number of collection methods identified in the Standard Plan adopted under section 7552 of this title;

  (2) describes the collection, transportation, and recycling systems and service providers used, including a description of how the authority or authorized party will:

  (A) seek to use businesses within the State, including retailers, charities, processors, and collection and transportation services, to fulfill its program goal under this section;

  (B) fairly compensate collectors for providing collection services; and

  (C) fairly compensate recyclers for providing recycling services;

  (3) describes how the plan will provide service to covered entities;

  (4) describes the processes and methods used to recycle electronic waste, including a description of the processing that will be used and the facility location;

  (5) documents the audits of each recycler used in the Plan and compliance with recycling standards established under section 7559 of this title;

  (6) describes the accounting and reporting systems that will be employed to track progress toward the Plan’s equivalent share;

  (7) includes a timeline describing start-up, implementation, and progress toward milestones with anticipated results;

  (8) includes a public information campaign to inform consumers about how to recycle their electronic waste at the end of the product’s life.

  (b) Manufacturer program goal. An individual plan submitted under this section shall be implemented to ensure satisfaction of the manufacturer’s electronic waste program goal. The Electronic Waste Recycling Program goal for a manufacturer that submits a plan under this section shall be the product of the relevant statewide recycling goal set forth in subsection 7555(a) of this title multiplied by the manufacturer’s market share of covered electronic devices. A manufacturer that submits a plan under this section may only count electronic waste received from covered entities toward the Program goal set forth in this section.

  (c) Collection from covered entities. A manufacturer that submits a plan under this section or a collector operating on behalf of a manufacturer that submits a plan under this section shall not charge a fee to covered entities for the collection, transportation, or recycling of electronic waste.

  (d) Public review. Before approving an individual plan under this section, the Secretary shall proceed in accordance with chapter 170 of this title.

  (e) Collection facilities. If a manufacturer that submits a plan under this section is required to implement a collection facility, the collection facility shall be staffed, open on an ongoing basis, and open to the public at a frequency approved by the Secretary in order to meet the needs of the area being served. A collection facility implemented under this section shall be prohibited from refusing or rejecting acceptance of electronic waste delivered to the facility for recycling.

  (f) Annual report. Beginning August 1, 2012, a manufacturer that submits a plan under this section shall report by August 1 and annually thereafter to the Secretary the following:

  (1) the type of electronic waste collected;

  (2) the aggregate total weight of electronic waste the manufacturer recycled by type during the preceding program year;

  (3) a list of recyclers utilized by the manufacturer;

  (4) a description of the processes and methods used to recycle the electronic waste; and

  (5) a summary of the educational and outreach activities undertaken by the manufacturer.

  (g)(1) Parity surcharge. A manufacturer that submits a plan under this section shall be assessed a surcharge if the lesser of the following occurs:

  (A) the manufacturer accepts less than the Program goal set forth in subsection (b) of this section; or

  (B) the manufacturer accepts less than its market share portion of the total of electronic waste collected in the State.

  (2) The surcharge shall be calculated by multiplying the average per pound of cost to the Secretary for the current program year to implement the Standard Plan plus 20 percent by the number of additional pounds of electronic waste that should have been accepted by the manufacturer. The surcharges collected under this section shall be deposited into the Electronic Waste Collection and Recycling Account of the Waste Management Assistance Fund and used to offset the costs of Program implementation.

  (h) Effective date of plan approval. A plan submitted under this section shall not be approved until the Secretary determines that the plan will provide a functionally equivalent level of electronic waste collection and recycling as the Standard Plan and that all the requirements of this section have been met.

  (i) Amendments to plan. An amendment to an individual plan approved under this section shall not take effect until approved by the Secretary.

  (j) Opt-in to Standard Plan. At the completion of any program year, a manufacturer approved under this section may seek coverage under the Standard Plan adopted under section 7552 of this title. (Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010; amended 2015, No. 150 (Adj. Sess.), § 30, eff. Jan. 1, 2018.)

• § 7555. Statewide recycling goal

  (a) Statewide recycling goal.

  (1) For the program year of July 1, 2011 to June 30, 2012, the statewide recycling goal for electronic waste shall be the product of the U.S. Census Bureau’s 2010 population estimate for the State multiplied by 5.5 pounds.

  (2) For the program year of July 1, 2012 to June 30, 2013, the statewide recycling goal for electronic waste shall be the product of the U.S. Census Bureau’s 2010 population estimate for the State multiplied by 6.0 pounds.

  (3) For the program year of July 1, 2013 to June 30, 2014 and annually thereafter, the statewide recycling goal for all electronic waste shall be the product of the base weight multiplied by the goal attainment percentage.

  (b) Base weight. For purposes of this section, “base weight” means the average weight of all electronic waste reported as collected under this chapter during the previous two program years.

  (c) Goal attainment percentage. For purposes of this section, “goal attainment percentage” means, for each type of product:

  (1) 90 percent if the base weight is less than 90 percent of the statewide recycling goal for the previous calendar year;

  (2) 95 percent if the base weight is 90 percent or greater, but not more than 95 percent of the statewide recycling goal for the previous calendar year;

  (3) 100 percent if the base weight is 95 percent or greater, but not more than 105 percent of the statewide recycling goal for the previous calendar year;

  (4) 105 percent if the base weight is 105 percent or greater, but not more than 110 percent of the statewide recycling goal for the previous calendar year; or

  (5) 110 percent if the base weight is 110 percent or greater of the statewide recycling goal. (Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010.)

• § 7556. Retailer obligations

  (a) Sale prohibited. Beginning July 1, 2010, no retailer shall sell or offer for sale a covered electronic device unless the covered electronic device is labeled by the manufacturer as required by subdivision 7553(a)(3) of this title, and the retailer has reviewed the website required in subdivision 7559(6) of this title to determine that the labeled manufacturers of all new covered electronic devices that the retailer is offering for sale are registered with the Agency of Natural Resources.

  (b) Expiration or revocation of manufacturer registration. A retailer shall not be responsible for an unlawful sale under this section if the manufacturer was not registered or the manufacturer’s registration expired or was revoked if the retailer took possession of the covered electronic device prior to July 1, 2010 or prior to the expiration or revocation of the manufacturer’s registration, and the unlawful sale occurred within six months after the expiration or revocation.

  (c) Customer information. Beginning July 1, 2011, a retailer who sells new covered electronic devices shall provide information to customers describing where and how they may recycle electronic waste and advising them of opportunities and locations for the convenient collection of electronic waste for the purpose of recycling. This requirement may be met by the posting of signs provided under the Standard Plan or a plan approved under section 7554 of this title that includes a warning that electronic waste shall not be disposed of in a solid waste facility and that provides a toll-free number or website address regarding proper disposal of covered electronic devices. (Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010.)

• § 7557. Recycler program responsibility

  (a) Recycler registration.

  (1) Beginning July 1, 2011, no person may recycle electronic waste at a facility located within the State unless that person has submitted a registration with the Agency of Natural Resources on a form prescribed by the Agency. A registration is effective upon receipt by the Agency and is valid for a period not to exceed five years. An electronics recycling facility registered under this section is not required to obtain a solid waste certification pursuant to chapter 159 of this title. Registration information shall include:

  (A) the name, address, telephone number, and location of all recycling facilities under the direct control of the recycler that may receive electronic waste;

  (B) evidence that the financial assurance requirements of section 6611 of this title have been satisfied.

  (2) A registration shall be amended within 10 days after a change to any information included in the registration submitted by the recycler under this section.

  (b) Recycler’s reporting requirements. Beginning August 1, 2012, a recycler of electronic waste shall report by August 1 and annually thereafter to the Agency of Natural Resources on a form provided by the Agency the type of electronic waste collected, the total weight of electronic waste recycled during the preceding program year, and whether electronic waste was collected under the Standard Plan or an approved individual plan. In the annual report, the recycler shall certify that the recycler has complied with the electronic management guidelines developed under subdivision 7559(7) of this title. (Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010.)

• § 7558. Collector and transporter program responsibility

  (a) Collector and transporter registration.

  (1) Beginning July 1, 2011, no person may operate as a collector or transporter of electronic waste unless that person has submitted a registration with the Agency of Natural Resources on a form prescribed by the Agency. A registration is effective upon receipt by the Agency and is valid for a period not to exceed five years. An electronics collector or transporter registered under this section shall not be required to obtain a solid waste certification or a solid waste hauler permit pursuant to chapter 159 of this title.

  (2) A registration shall be amended within 10 days after a change to any information included in the registration submitted by the collector under this section.

  (3) Beginning August 1, 2012, a collector of electronic waste shall report by August 1 and annually thereafter to the Agency of Natural Resources on a form provided by the Agency the type of electronic waste collected, the total weight of electronic waste recycled during the preceding program year, and whether electronic waste was collected under the Standard Plan or an approved individual plan.

  (b) Transporter reporting requirements. Beginning August 1, 2012, a transporter of electronic waste not destined for recycling in Vermont shall report annually by August 1 to the Agency of Natural Resources the total pounds of electronic waste collected and whether electronic waste was collected under the Standard Plan or an approved individual plan. (Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010.)

• § 7559. Agency of Natural Resources responsibilities

  The Agency of Natural Resources shall:

  (1) Adopt and administer the Standard Plan required under section 7552 of this title.

  (2) Establish procedures for:

  (A) the registration and certifications required under this chapter; and

  (B) making the registrations and certifications required under this chapter easily available to manufacturers, retailers, and members of the public.

  (3) Collect the data submitted under this chapter.

  (4) Annually review data submitted under this chapter to determine whether any of the variables in the statewide recycling goal should be changed. The Agency shall submit recommended changes to the Senate Committee on Natural Resources and Energy and the House Committee on Environment and Energy.

  (5) [Repealed.]

  (6) Maintain a website that includes the names of manufacturers with current, valid registrations; the manufacturers’ brands listed in registrations filed with the Agency. The Agency shall update the website information within 10 days of receipt of a complete registration.

  (7) In consultation with interested parties, establish guidelines for the environmentally sound management of consumer electronics, including specific requirements for collectors, transporters, and recyclers.

  (8) Identify approved transporters, collectors, and recyclers. (Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010; amended 2017, No. 113 (Adj. Sess.), § 49c.)

• § 7560. Administration of Electronic Waste Recycling Program

  (a) The Secretary of Natural Resources may contract for implementation and administration of the Standard Plan required under section 7552 of this title and, in so doing, shall comply with the Agency of Administration’s current contracting procedures.

  (b) In contracting for implementation and administration of the Standard Plan, the Secretary shall review the costs incurred by similar electronic waste collection and recycling programs in other states. The Secretary in his or her discretion may reopen the Standard Plan if bids received in response to a request for proposal exceed the average cost of collection and recycling incurred by similar electronic waste collection and recycling programs in other states. (Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010.)

• § 7561. Other recycling programs

  A municipality or other public agency may not require covered entities to use public facilities to recycle their electronic waste to the exclusion of other lawful programs available. A municipality and other public agencies are encouraged to work with manufacturers to assist them in meeting their recycling obligations under this chapter. Nothing in this chapter prohibits or restricts the operation of any program recycling electronic waste in addition to those provided by manufacturers or prohibits or restricts any persons from receiving, collecting, transporting, or recycling electronic waste, provided that those persons are registered as required under this chapter. (Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010.)

• § 7562. Multistate implementation

  The Agency of Natural Resources or a contracted entity under section 7560 of this title is authorized to participate in the establishment of a regional multistate organization or compact to assist in carrying out the requirements of this chapter. (Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010.)

• § 7563. Limitations

  If a federal law or combination of federal laws takes effect that is applicable to all covered electronic devices sold in the United States and establishes a program for the collection and recycling or reuse of covered electronic devices that is applicable to all covered electronic devices, the Agency shall evaluate whether the federal law provides a solution that is equal to or better than the Program established under this chapter. The Agency shall report its findings to the General Assembly. (Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010.)

• § 7564. Rulemaking

  The Secretary of Natural Resources may adopt rules to implement the requirements of this chapter. (Added 2009, No. 79 (Adj. Sess.), § 2, eff. April 19, 2010.)