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BILL AS INTRODUCED 2007-2008

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S.256

Introduced by Senator Lyons of Chittenden District and Senator Ayer of Addison District

Referred to Committee on

Date:

Subject:  Conservation; electronics; e-waste

Statement of purpose:  This bill proposes to implement a system for the collection and recycling of electronic devices.

AN ACT RELATING TO THE DISPOSAL OF ELECTRONIC WASTE

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  LEGISLATIVE FINDINGS

The general assembly finds:

(1)  Televisions and computers are prevalent in modern society and contribute significantly to the waste generated in Vermont.

(2)  Televisions, computers, laptop computers, and computer monitors contain lead, mercury, and other hazardous substances that pose a threat to human health and the environment if improperly disposed of at the end of the useful life of these products.

(3)  The state of Vermont has committed to providing its citizens with a safe and healthy environment and has actively undertaken efforts such as mercury reduction programs to reduce the potential for contamination.

(4)  The recycling of televisions and computers protects public health and the environment by reducing the potential for the release of heavy metals and mercury from landfills into the environment, consistent with other state initiatives, and also conserving valuable landfill space.

(5)  The establishment of a system to provide for the collection and recycling of electronic devices in Vermont is consistent with the state’s duty to protect the health, safety, and welfare of its citizens; maintain and enhance the quality of the environment; conserve natural resources; prevent pollution of air, water, and land; and stimulate economic growth.

Sec. 2.  10 V.S.A. chapter 166 is added to read:

CHAPTER 166.  DISPOSAL OF ELECTRONIC DEVICES

§ 7301.  DEFINITIONS

For the purposes of this chapter, the following terms shall have the following meanings:

(1)  “Agency” means the agency of natural resources.

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

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

(4)  “Collector” means a public or private entity that receives covered electronic devices from households and arranges for the delivery of the devices to a recycler.

(5)  “Computer” means machine designed to manipulate data according to a list of instructions known as a program and is generally known as a desktop, laptop, or portable computer.  “Computer” does not include the following:

(A)  Computer servers marketed to professional users; or

(B)  Retail store terminals or cash registers used at customer checkout in the retail industry.

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

(7)  “Covered electronic device” includes a desktop computer monitor; a television with a screen size greater than four inches measured diagonally; personal electronics – PDAs, personal music players (iPods, MP3s, etc.); electronic game consoles; computer peripherals (e.g., mice, keyboard, modems, scanners); desktop printers, including “all-in-one” machines with multiple functions such as print, fax, scan, copy; fax machines; digital converter boxes; and power supply cords (as used to charge electronic devices) that are sold to a covered entity.

(8)  “Covered entity” means any person, household, charity, school district, business, municipality, or other government entity located in the state.

(9)  “Dwelling unit” means a building or part of a building used as a home, residence, or sleeping place by one or more persons who maintain a household.

(10)  “Environmentally sensitive materials” include each of the following, and any equipment or component destined for recycling or disposal, or any aggregate material derived from end-of-life equipment or components (e.g., shredded, granulated, or mixed materials), whether destined for recycling or disposal, containing any of the following:

(A)  Any devices containing mercury or PCBs, including fluorescent lamps;

(B)  CRTs and leaded CRT glass, including processed and unprocessed glass cullet;

(C)  Circuit boards (whole, shredded, or in any other form);

(D)  Batteries; or

(E)  Toner.

(11)  “Household” means an occupant of a single detached dwelling unit or a single unit of a multiple dwelling unit located in this state who has used a video display device at a dwelling unit primarily for personal use.

(12)  “Manufacturer” means a person who:

(A)  Has a physical presence and legal assets in the United States of America and:

(i)  Manufactures or manufactured a covered electronic device under its own brand or label;

(ii)  Sells or sold under its own brand or label a covered electronic device produced by other suppliers; or

(iii)  Owns a brand that it licenses or licensed to another person for use on a covered electronic device; or

(B)  Imports or imported a covered electronic device into the United States that is manufactured by a person without a presence in the United States; or

(C)  Sells at retail a covered electronic product acquired from an importer that is the manufacturer as described in subdivision (B) of this subdivision (12) and elects to register in lieu of the importer.

(13)  “Peripheral” means a keyboard, printer, or any other device sold exclusively for external use with a computer that provides input or output into or from a computer.

(14)  “Program year” means the period from July 1 through June 30.

(15)  “Recycler” means a public or private individual or entity who accepts covered electronic devices from households and collectors for the purpose of recycling.  A manufacturer who takes products for refurbishment or repair is not a recycler.

(16)  “Recycling” means the process of collecting and preparing video display devices or covered electronic devices 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; land disposal; or reuse, repair, or any other process through which video display devices or covered electronic devices are returned to use for households in their original form.

(17)  “Recycling credits” means the number of pounds of covered electronic devices recycled by a manufacturer from households during a program year, less the product of the number of pounds of video display devices sold to households during the same program year, multiplied by the proportion of sales a manufacturer is required to recycle.  The calculation and uses of recycling credits are as specified in section 7303 of this title.

(18)  “Retailer” means a person who sells, rents, or leases to a household, through sales outlets, catalogues, or the Internet, a video display device that is not for resale in any form.

(19)  “Sell or sale” means any transfer for consideration of title or of the right to use, by lease or sales contract, including, but not limited to, transactions conducted through sales outlets, catalogs, or the internet, or any other similar electronic means either inside or outside the state, by a person who conducts the transaction and controls the delivery of a video display device to a consumer in the state, but does not include a manufacturer’s or distributor's wholesale transaction with a distributor or retailer.

(20)  “Television” means any telecommunications system or device 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.

(21)  “Video display device” includes units capable of presenting images electronically on a screen, with a viewable area greater than four inches when measured diagonally, viewed by the user and that may include cathode ray tubes, flat panel computer monitors, plasma displays, liquid crystal displays, rear and front enclosed projection devices, and other similar displays that may be developed.  “Video display device” does not include any of the following:

(A)  a video display device that is part of a motor vehicle or any component of a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle;

(B)  a video display device, including a touch-screen display, that is functionally or physically part of a larger piece of equipment or is designed and intended for use in a setting that is industrial; commercial, including retail; a library checkout; a traffic control; a kiosk; security, other than household security; a border control; or a medical setting, including diagnostic, monitoring, or control equipment;

(C)  a video display device that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, or air purifier; or

(D)  a telephone of any type unless it contains a video display area greater than nine inches when measured diagonally.

§ 7302.  REGISTRATION PROGRAM

(a)  Requirements for sale.

(1)  On or after July 1, 2009, a manufacturer must not sell or offer for sale or deliver to retailers for subsequent sale a new video display device unless:

(A)  the video display device is labeled with the manufacturer’s brand, which label is permanently affixed and readily visible; and

(B)  the manufacturer has filed a registration with the agency, as specified in section 7303 of this title.

(2)  On or after July 1, 2009, a retailer who sells or offers for sale a new video display device to a household must, before the initial offer of sale, review the agency web site specified in section 7303 of this title to determine that all new video display devices that the retailer is offering for sale are labeled with the manufacturer’s brands that are registered with the agency.

(3)  A retailer is not responsible for an unlawful sale under this subdivision if the manufacturer’s registration expired or was revoked, the retailer took possession of the video display prior to the expiration or revocation of the manufacturer’s registration, and the unlawful sale occurred within six months after the expiration or revocation.

(b)  Manufacturer registration.

(1)  A manufacturer of video display devices sold or offered for sale to households after July 1, 2009 must submit a registration to the agency that includes:

(A)  a list of the manufacturer’s brands of video display devices offered for sale in this state;

(B)  the name, address, and contact information of a person responsible for ensuring compliance with this chapter; and

(C)  a certification that the manufacturer has complied and will continue to comply with the requirements of this chapter.

(2)  By July 1, 2010, and each year thereafter, a manufacturer of video display devices sold or offered for sale to a household must include in the registration submitted under subdivision (1) of this subsection a statement disclosing whether:

(A)  any video display devices sold to households exceeed the maximum concentration values established for lead, mercury, cadmium, hexavalent chromium, polybrominated biphenyls (PBBs), and polybrominated diphenyl ethers (PBDEs) under the RoHS (restricting the use of certain hazardous substances in electrical and electronic equipment) Directive 2002/95/EC of the European Parliament and Council and any amendments thereto enacted as of the date of passage of this act; or

(B)  the manufacturer has received an exemption from one or more of those maximum concentration values under the RoHS Directive that has been approved and published by the European Commission.

(3)  A manufacturer who begins to sell or offer for sale video display devices to households after July 1, 2009 and has not filed a registration under this subdivision must submit a registration to the agency within ten days of beginning to sell or offer for sale video display devices to households.

(4)  A registration must be updated within ten days after a change in the manufacturer’s brands of video display devices sold or offered for sale to households.

(5)  A registration is effective upon receipt by the agency and is valid until July 1 of each year.

(6)  The agency must review each registration and notify the manufacturer of any information required by this title that is omitted from the registration.  Within 30 days of receipt of a notification from the agency, the manufacturer must submit a revised registration providing the information noted by the agency.

(7)  The agency must maintain on its web site the names of manufacturers and the manufacturer’s brands listed in registrations filed with the agency.  The agency must update the web site information promptly upon receipt of a new or updated registration.  The web site must contain prominent language stating, in effect, that this chapter is directed at household equipment, and the manufacturers’ brands list is, therefore, not a list of manufacturers qualified to sell to industrial, commercial, or other markets identified as exempt from the requirements of this chapter.

(c)  Collector and transporter registration.  After July 1, 2009, no person may operate as a collector or transporter of covered electronic devices from households unless that person has submitted a registration with the agency on a form prescribed by the secretary.  Registration information must include the name, address, telephone number, and location of the business and a certification that the collector or transporter has complied and will continue to comply with the requirements of this chapter.  A registration is effective upon receipt by the agency and is valid until July 1 of each year.  Collectors and transporters will comply with rules as established by the agency.

(d)  Recycler registration.  After July 1, 2009, no person may recycle video display devices generated by households unless that person has submitted a registration with the agency on a form prescribed by the commissioner.  Registration information must include the name, address, telephone number, and location of all recycling facilities under the direct control of the recycler that may receive video display devices from households and a certification that the recycler has complied and will continue to comply with the requirements of this chapter as well as the rule established by the agency.  A registered recycler may conduct recycling activities that are consistent with this chapter.  A registration is effective upon receipt by the agency and is valid until July 1 of each year.

§ 7303.  MANUFACTURER’S REGISTRATION FEE; CREATION OF

               ACCOUNT

(a)  Registration fee.

(1)  By July 1 of each year, all manufacturers who register under section 7302 of this title must pay to the agency an annual registration fee.  The commissioner must deposit the fee into the account established by this section.

(2)  The registration fee for the initial program year during which a manufacturer’s video display devices are sold is $5,000.00.  Each year thereafter, the registration fee is equal to a base of $2,500.00, plus a variable recycling fee calculated according to the formula in subdivision (3) of this subsection.

(3)  Using quantities from the preceding program year, the variable recycling fee shall be an amount equal to the pounds required to have been recycled under this chapter minus the pounds reported recycled, multiplied by the estimated per-pound cost of recycling.  The variable recycling fee shall be calculated according to the formula:  variable recycling fee = ((A x B) – (C+D)) x E, where:

(A)  A = the number of pounds of a manufacturer’s video display device sold to households during the previous program year, as reported to the agency under section 7305 of this title;

(B)  B = the proportion of sales of video display devices required to be recycled, set at 0.6 for the first program year and at 0.8 for the second program year and every year thereafter;

(C)  C = the number of pounds of recovered electronic devices recycled by a manufacturer from households during the previous program year, as reported to the agency under section 7305 of this title;

(D)  D = the number of recycling credits a manufacturer elects to use during the current program year to calculate the variable recycling fee, as reported to the agency under section 7305 of this title; and

(E)  E = the estimated per-pound cost of recycling used to calculate the variable recycling fee, initially set at $0.50 per pound for manufacturers who recycle less than 50 percent of the product required to be recycled under this chapter (A x B); $0.40 per pound for manufacturers who recycle at least 50 percent but less than 90 percent of the product required to be recycled under this chapter (A x B); and $0.30 per pound for manufacturers who recycle at least 90 percent but less than 100 percent of the product required to be recycled under this chapter (A x B).

(4)  For the purpose of calculating the variable recycling fee for a given year, a manufacturer may carry recycling credits forward from any of the three preceding program years to be added, in whole or in part, to the number of pounds reported recycled.  Recycling credits are created when the number of pounds reported recycled exceeds the number of pounds required to have been recycled under this chapter according to the formula:  credit = C – (A x B), where A, B, and C are defined as in subdivision (a)(3) of this section.  A manufacturer may sell any portion of its recycling credits to another manufacturer, at a price negotiated by the parties, who may use the credits in the same manner and subject to the same three-year limitation. 

(5)  For the purpose of calculating a manufacturer’s variable recycling fee under subdivision (a)(2) of this section, the weight of covered tested and working electronic devices collected and donated for reuse, as defined in this subdivision, is calculated at 1.5x their actual weight.  Donations of covered electronics must be free of charge to any nonprofit corporation located in the state and recognized under Section 501(3) of the Internal Revenue Code, whose principal mission is to assist low-income children or families living in the state.  To qualify for the donation credits under this subdivision, manufacturers must ensure the delivery of a covered electronic device that:

(A)  is no older than six years old;

(B)  where applicable, has a functioning operating system;

(C)  is in full working condition; and

(D)  has been approved in writing for donation by the recipient.

(6)  The registration fee for the initial program year and the base registration fee thereafter for a manufacturer who produces fewer than 100 video display devices for sale annually to households is $1,250.00.

(b)  Creation of account; appropriations.

(1)  The electronic waste management fund is established as a special fund.  The secretary of the agency must deposit receipts from the fee established under this chapter in the account.  Any interest earned on the account must be credited to the account.  Money from other sources may be credited to the account.  Beginning in the second program year and continuing in each program year thereafter, as of the last day of each program year, the secretary shall determine the total amount of the variable fees that were collected.

(2)  Any money in the account is annually appropriated to the agency for the purpose of implementing this chapter.

§ 7304.  REPORTING REQUIREMENTS

(a)  Manufacturer’s reporting requirements.

(1)  By July 1 of each year, beginning July 1, 2010, each manufacturer must report to the agency the total weight of each specific model of its video display devices sold to households during the previous program year; along with either:

(A)  the total weight of its video display devices sold to households during the previous program year; or

(B)  an estimate of the total weight of its video display devices sold to households during the previous program year based on national sales data.  A manufacturer must submit with the report required under this subsection a description of how the information or estimate was calculated.

(2)  By July 1 of each year, beginning July 1, 2010, each manufacturer must report to the agency the total weight of covered electronic devices the manufacturer collected from households and recycled or arranged to have collected and recycled during the preceding program year.  If a manufacturer wishes to receive the variable recycling rate of 1.5 for the covered electronic devices it recycles, the manufacturer must report separately the total weight of covered electronic devices collected in the state and donated to a nonprofit organization as specified in subdivision 7303(a)(5) of this title.

(3)  By July 1 of each year, beginning July 1, 2010, each manufacturer must report to the agency:

(A)  the number of recycling credits the manufacturer has purchased and sold during the preceding program year;

(B)  the number of recycling credits possessed by the manufacturer that the manufacturer elects to use in the calculation of its variable recycling fee under this chapter; and

(C)  the number of recycling credits the manufacturer retains at the beginning of the current program year.

(b)  Recycler’s reporting requirements.  By July 1 of each year, beginning July 1, 2010, a recycler of covered electronic devices must report to the agency the total weight of covered electronic devices recycled during the preceding program year and must certify that the recycler has complied with subsection 3707(b) of this title.

(c)  Collector’s reporting requirements.  By July 1 of each year, beginning July 1, 2010, a recycler of covered electronic devices must report to the agency the total pounds of covered electronic devices collected and a list of all recyclers to whom collectors delivered covered electronic devices.

§ 7305.  RESPONSIBILITIES

(a)  Manufacturer's responsibilities.  Manufacturers must comply with the following:

(1)  A manufacturer must annually recycle or arrange and pay for the collection and recycling of an amount of covered electronic devices equal to the total weight of its video display devices sold to households during the preceding program year, multiplied by the proportion of sales of video display devices required to be recycled as established by the agency under section 7306 of this title.  Recycling fees may not be charged at the time of collecting the unwanted covered electronic devices.

(2)  The obligations of a manufacturer apply only to video display devices received from households and do not apply to video display devices received from sources other than households.

(3)  A manufacturer must conduct and document due diligence assessments of the collectors and recyclers with whom it contracts, including an assessment of items specified under subsection (b) of this section.  A manufacturer is responsible for maintaining, for a period of three years, documentation that all video display devices recycled, partially recycled, or sent to downstream recycling operations comply with the requirements of subsection (b) of this section.  A manufacturer must provide documentation of an audit of each recycler with whom it contracts.

(4)  A manufacturer operating its own recycling program must demonstrate that its programs are in compliance with the responsibilities imposed upon recyclers under subsection (b) of this section.

(5)  A manufacturer must provide the agency with contact information for a person who can be contacted regarding the manufacturer’s activities under this chapter.

(b)  Recycler’s responsibilities.  As part of the report submitted under subsection 7304(b) of this title, recyclers participating in the state e-waste recycling program (receiving e-waste that is being used toward meeting annual recycling goals) must provide to the agency a sworn certification that their handling, processing, refurbishment, and recycling of covered electronic devices:

(1)  meet guidelines for environmentally sound management published by the agency;

(2)  comply with and ensure that all their downstream vendors comply with all local, state, and federal regulations throughout final disposition, and must not violate laws in importing and transit countries when exporting environmentally sensitive materials;

(3)  are licensed by all applicable governmental authorities; and

(4)  possess liability insurance of not less than $1,000,000.00 for environmental releases, accidents, and other emergencies.

(c)  Retailer’s responsibilities.

(1)  By July 1 of each year, beginning July 1, 2010, a retailer must report to a manufacturer the number of video display devices, by video display devices model, labeled with the manufacturer’s brand sold to households during the previous program year.

(2)  A retailer who sells new video display devices shall provide information to households describing where and how they may recycle video display devices and advising them of opportunities and locations for the convenient collection of video display devices for the purpose of recycling.  This requirement may be met by providing to households the agency’s toll-free number and web site address.  Retailers selling through catalogues or the internet may meet this requirement by including the information in a prominent location on the retailer’s web site.

§ 7306.  AGENCY DUTIES

Duties of the agency.

(1)  The agency shall administer this chapter.

(2)  The agency shall establish procedures for:

(A)  receipt and understanding of the registration statements and certifications filed with the agency under this chapter; and

(B)  making the statements and certifications easily available to manufacturers, retailers, and members of the public.

(3)  The agency shall collect the data submitted to it annually by each manufacturer on the total weight of each specific model of video display device sold to households, if provided; the total weight of video display devices sold to households; the total weight of covered electronic devices collected from households which are recycled; and data on recycling credits, as required under section 7304 of this title.  The agency shall use this data to review each manufacturer’s annual registration fee to ensure that the fee was calculated accurately according to the formula in section 7303 of this title.

(4)(A)  The agency shall annually review the value of the following variables that are part of the formula used to calculate a manufacturer’s annual registration fee under section 7303 of this title:

(i)  the proportion of sales of video display devices sold to households that manufacturers are required to recycle;

(ii)  the estimated per-pound price of recycling covered electronic devices sold to households;

(iii)  the base registration fee; and

(iv)  the multiplier established for the weight of covered electronic devices collected in subdivision 7303(a)(5) of this title.

(B)  If the agency determines that any of these values must be changed in order to improve the efficiency or effectiveness of the activities regulated under this chapter or if the revenues in the account exceed the amount that the agency determines is necessary, the agency shall submit recommended changes and the reasons for them to the chairs of the senate and house committees with jurisdiction over solid waste policy.

(5)  By July 1 each year, beginning in 2010, the agency must estimate, for each registered manufacturer, the sales of video display devices to households during the previous year, based on:

(A)  data provided by a manufacturer on sales of video display devices to households, including documentation describing how that amount was calculated and certification that the amount is accurate; or

(B)  if a manufacturer does not provide the data specified in subdivision (A) of this subdivision (5), national data on sales of video display devices.

(6)  The agency shall manage the account established in subsection 7303(b) of this title.  If the revenues in the account exceed the amount that the agency determines is necessary for the efficient and effective operation of the program, including any amount for contingencies, the agency must recommend to the general assembly that the base registration fee, the proportion of sales of video display devices required to be recycled, or the estimated per-pound cost of recycling established under section 7303 of this title, or any combination thereof, be lowered in order to reduce the revenues collected in the subsequent program year by the estimated amount of the excess.

(7)  On or before December 1 of each year, beginning December 1, 2010, the agency shall provide a report to the governor and general assembly on the implementation of this chapter.  For each program year, the report must discuss the total weight of covered electronic devices recycled and a summary of information in the reports submitted by manufacturers, collectors, and recyclers under section 7304 of this title.  The report must also discuss the various collection programs used by manufacturers to collect covered electronic devices; information regarding covered electronic devices that are being collected by persons other than registered manufacturers, collectors, and recyclers; and information about covered electronic devices, if any, being disposed of in landfills in this state.  The report must include a description of enforcement actions under this chapter.  The agency may include in its report other information received by the agency regarding the implementation of this chapter.

(8)  The agency shall promote public participation in the activities regulated under this chapter through public education and outreach efforts.

(9)  The agency shall enforce this chapter in the manner provided for in section 8003 of this title.  The agency may revoke a registration of a collector or recycler found to have violated this chapter.

(10)  The agency shall facilitate communications between collection and recycling centers and manufacturers to ensure that manufacturers are aware of video display devices available for recycling.

(11)  The agency shall develop a form retailers must use to report information to manufacturers under section 7304 of this title and post it on its web site.

(12)  The agency shall post on its web site the contact information provided by each manufacturer under section 7304 of this title.

(13)  The agency shall establish guidelines for environmentally sound management of consumer electronics, including specific requirements for collectors, transporters, and processors.

§ 7307.  OTHER RECYCLING PROGRAMS

A municipality or other public agency may not require households to use public facilities to recycle their covered electronic devices 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 covered electronic devices in addition to those provided by manufacturers or prohibits or restricts any persons from receiving, collecting, transporting, or recycling covered electronic devices, provided that those persons are registered under section 7302 of this title.

§ 7308.  ANTICOMPETITIVE CONDUCT

(a)  A manufacturer that organizes collection or recycling under this section is authorized to engage in anticompetitive conduct to the extent necessary to plan and implement its chosen organized collection or recycling system and is immune from liability under state laws relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce.

(b)  An organization of manufacturers, an individual manufacturer, and its officers, members, employees, and agents who cooperate with a political subdivision that organizes collection or recycling under this chapter, are authorized to engage in anticompetitive conduct to the extent necessary to plan and implement the organized collection or recycling system, provided that the political subdivision actively supervises the participation of each entity.  An organization, entity, or person covered by this subdivision is immune from liability under state law relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade or commerce.


§ 7309.  REQUIREMENTS FOR PURCHASE BY STATE AGENCIES

(a)  All state agencies must ensure that acquisitions of video display devices are in compliance with or not subject to this chapter.

(b)  The solicitation documents must specify that the prospective responder is required to cooperate fully in providing reasonable access to its records and documents that evidence compliance with this chapter.

(c)  Any person awarded a contract for purchase of lease of video display devices that is found to be in violation of this chapter is subject to the following sanctions:

(1)  the contract must be voided if the potential impact to the state is exceeded by the benefit obtained from voiding the contract;

(2)  if the attorney general establishes that any money, property, or benefit was obtained by a contractor as a result of violating this chapter, the court may, in addition to any other remedy, order the disgorgement of the unlawfully obtained money, property, or benefit.

§ 7310.  MULTISTATE IMPLEMENTATION

The agency is authorized to participate in the establishment of a regional multistate organization or compact to assist in carrying out the requirements of this chapter.

§ 7311.  LIMITATIONS

If a federal law or combination of federal laws take effect that are applicable to all video display devices sold in the United States and establish a program for the collection and recycling or reuse of video display devices that is applicable to all video display devices discarded by households, the state agency will evaluate whether these laws provide a solution that is equal to or better than the program created by this act.  The agency must report its findings back to the general assembly.

§ 7312.  DIRECT APPROPRIATION

Prior to the governor making budget recommendations to the general assembly in 2010 and each year thereafter, the agency must report on revenues received and expenditures made in this chapter during the two preceding fiscal years and request the governor to recommend a direct appropriation for the purposes of this chapter.

§ 7313.  DISPOSAL BAN

No person shall place or dispose of any covered electronic device in any solid waste disposal facility. 

§ 7314.  SEVERABILITY

If any section of this act is declared unconstitutional or invalid by the courts, the unconstitutional or invalid section or provision does not affect the validity of this act as a whole or any part of this act other than the part declared to be unconstitutional or invalid.

Sec. 3.  EFFECTIVE DATE

This act shall take effect upon passage.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us