PRINTER'S NO. 1874
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1607
Session of
2023
INTRODUCED BY BOROWSKI, PIELLI, MADSEN, BURGOS, HANBIDGE,
McNEILL, BENHAM, MADDEN, HOWARD, FREEMAN, HADDOCK, SANCHEZ,
KHAN, OTTEN, CERRATO AND HILL-EVANS, AUGUST 2, 2023
REFERRED TO COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND
UTILITIES, AUGUST 2, 2023
AN ACT
1 Amending Title 27 (Environmental Resources) of the Pennsylvania
2 Consolidated Statutes, providing for electronic waste
3 recycling; imposing duties on the Department of Environmental
4 Protection; establishing the Advisory Committee on Electronic
5 Waste Recycling; and imposing penalties.
6 This act shall be known and may be cited as the Electronic
7 Waste Recycling Modernization Act.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Title 27 of the Pennsylvania Consolidated
11 Statutes is amended by adding a chapter to read:
12 CHAPTER 67
13 ELECTRONIC WASTE RECYCLING
14 Sec.
15 6701. Scope of chapter.
16 6702. Definitions.
17 6703. Eco-deposits and responsibilities.
18 6704. Clearinghouse.
 1 6705. Stewardship plan.
2 6706. Collection convenience standard compliance.
3 6707. Establishment of eco-deposit.
4 6708. CED manufacturer requirements.
5 6709. Group plan requirements.
6 6710. Convenience standards for program collection sites.
7 6711. CED manufacturer recycling share responsibility.
8 6712. Individual manufacturer and group plans.
9 6713. Review of stewardship plan.
10 6714. Fees for collection or recycling of eligible devices.
11 6715. Recycler responsibilities.
12 6716. Collector responsibilities.
13 6717. Annual reports.
14 6718. Advisory committee.
15 6719. Administrative reimbursement.
16 6720. Environmental sound management requirements.
17 6721. Disposal ban.
18 6722. Enforcement.
19 6723. Antitrust.
20 6724. Other CED collection activities.
21 § 6701. Scope of chapter.
22 This chapter relates to electronic waste recycling.
23 § 6702. Definitions.
24 The following words and phrases when used in this chapter
25 shall have the meanings given to them in this section unless the
26 context clearly indicates otherwise:
27 "Advisory committee." The Advisory Committee on Electronic
28 Waste Recycling established under section 6718 (relating to
29 advisory committee).
30 "Assessment period." As follows:
20230HB1607PN1874 - 2 -
 1 (1) A period of three calendar months starting on the
2 day immediately following the last day of the prior
3 assessment period.
4 (2) The first assessment period shall start on the first
5 day of the first program year.
6 "Best management practices." As follows:
7 (1) Collecting and preparing items for shipment and
8 recycling.
9 (2) The term may include standards for packaging for
10 transport, load size, acceptable load contamination levels,
11 non-CED items included in a load and other standards.
12 "CED manufacturer." As follows:
13 (1) A person or a successor in interest to a person,
14 under whose brand or label a CED is sold at retail.
15 (2) For a CED sold at retail under a brand or label that
16 is licensed from a person who is a brand owner and who does
17 not sell or produce a CED, the person who produced the CED or
18 the person's successor in interest shall be the CED
19 manufacturer.
20 (3) For a television or computer monitor sold at retail
21 under the brand or label of both the retail seller and the
22 person that produced the television or computer monitor, the
23 person that produced the television or computer monitor or
24 the person's successor in interest shall be the CED
25 manufacturer.
26 "Clearinghouse." The independent organization authorized by
27 section 6704 (relating to clearinghouse).
28 "Collection convenience standard." The minimum number of
29 collection opportunities that shall be provided for the
30 collection of CEDs as required under section 6710 (relating to
20230HB1607PN1874 - 3 -
 1 convenience standards for program collection sites).
2 "Collection obligation." The CED collection services which
3 the clearinghouse assigns to a CED manufacturer for a given
4 program year under section 6706 (relating to collection
5 convenience standard compliance).
6 "Collector." A person who collects residential CEDs at any
7 program collection site or one-day collection event and prepares
8 them for transport.
9 "Computer." As follows:
10 (1) A desktop, all-in-one computer, laptop, notebook, e-
11 reader or tablet computer marketed to and intended for use by
12 residential purchasers and used only in a residence.
13 (2) The term does not include an automated typewriter,
14 electronic printer, mobile telephone, portable handheld
15 calculator, portable digital assistant, MP3 player or other
16 similar device or computer peripheral.
17 "Computer monitor." As follows:
18 (1) An electronic device only used in a residence that
19 has a cathode-ray tube or other panel display primarily
20 intended to display information from a computer or other
21 commonly used electronic device and marketed to and intended
22 for use by residential purchasers.
23 (2) The term does not include an all-in-one computer,
24 laptop, notebook or tablet.
25 "Computer peripheral." A keyboard, mouse, cable or other
26 device marketed to and intended for use by residential
27 purchasers for external use with a computer.
28 "Covered electronic device" or "CED." As follows:
29 (1) An electronic device under this chapter, including a
30 computer, printer, videocassette recorder, portable digital
20230HB1607PN1874 - 4 -
 1 music player, digital video disc player, computer peripheral,
2 computer monitor or television.
3 (2) The term does not include any of the following:
4 (i) An electronic device that is a part of a motor
5 vehicle or any component part of a motor vehicle
6 assembled by or for a vehicle manufacturer or franchised
7 dealer, including replacement parts for use in a motor
8 vehicle.
9 (ii) An electronic device that is functionally or
10 physically part of a larger piece of equipment or that is
11 taken out of service from an industrial, commercial,
12 commercial retail, library checkout, traffic control,
13 kiosk, security, other than household security,
14 governmental, agricultural or medical setting, including
15 diagnostic, monitoring or control equipment.
16 (iii) An electronic device that is contained within
17 a clothes washer, clothes dryer, refrigerator,
18 refrigerator and freezer, microwave oven, conventional
19 oven or range, dishwasher, room air conditioner,
20 dehumidifier, water pump, sump pump or air purifier. To
21 the extent allowed under Federal and State laws and
22 regulations, a CED that is being collected, recycled or
23 processed for reuse shall not be considered to be
24 hazardous waste, household waste, solid waste or special
25 waste.
26 "Covered electronic device category" or "CED category." Each
27 of the following categories of residential CEDs:
28 (1) Computers.
29 (2) Computer monitors.
30 (3) Televisions.
20230HB1607PN1874 - 5 -
 1 (4) Printers.
2 (5) Videocassette recorders, portable digital music
3 players and digital video disc players.
4 (6) CED peripheral.
5 "Department." The Department of Environmental Protection of
6 the Commonwealth.
7 "Downstream processor." As follows:
8 (1) An entity that is engaged in the repair,
9 refurbishment or further processing of used components,
10 parts, materials or residuals that result from disassembly of
11 CEDs.
12 (2) The term includes an entity engaged in a repair,
13 refurbishing, disassembly, processing, recycling, energy
14 recovery and disposal facility.
15 "Eco-deposits." The amount added to the purchase price of
16 new CEDs sold in this Commonwealth that is necessary to add to
17 cover the costs of collecting, transporting and processing
18 postpurchaser CEDs by local governments, individual CED
19 manufacturers or stewardship organizations under an approved
20 stewardship plan, and the costs borne by the department to
21 fulfill its responsibilities to implement the program.
22 "Eco-deposits sharing methodology." The methodology proposed
23 to be implemented by the clearinghouse as part of the approved
24 stewardship plan to disburse eco-deposits to manufacturers,
25 local governments and group plans.
26 "Environmental sound management." The practice of ensuring
27 that all practicable steps are utilized in the management of
28 hazardous and other wastes to protect human health and the
29 environment against adverse effects.
30 "Group plan." Two or more CED manufacturers that are working
20230HB1607PN1874 - 6 -
 1 jointly through a third-party entity to meet the requirements of
2 this chapter.
3 "Manufacturer e-waste program." A program established,
4 financed and operated by a manufacturer, either individually or
5 collectively as part of a group plan, to transport and
6 subsequently recycle, in accordance with the requirements of
7 this chapter, residential CEDs collected at program collection
8 sites and one-day collection events.
9 "Market share." The percentage per CED manufactured as
10 determined under section 6711 (relating to CED manufacturer
11 recycling share responsibility) for the purposes of
12 administering the requirements of the approved stewardship plans
13 among the participating registered CED manufacturers.
14 "Marketplace facilitator." As defined in section 201(iii) of
15 the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform
16 Code of 1971.
17 "Marketplace seller." As defined in section 201(jjj) of the
18 Tax Reform Code of 1971.
19 "Printer." As follows:
20 (1) A desktop printer, multifunction printer, copier,
21 scanner, facsimile machine and printer and fax combination
22 taken out of service from a residence that is designed to
23 reside on a work surface that includes various print
24 technologies, including, without limitation, laser and LED,
25 ink jet, dot matrix, thermal and digital sublimation and
26 multifunction or all-in-one devices that perform different
27 tasks, including, without limitation, copying, scanning,
28 faxing and printing.
29 (2) The term does not include a floor-standing printer,
30 a printer with optional floor stand, a point of sale (POS)
20230HB1607PN1874 - 7 -
 1 receipt printer, a household printer such as a calculator
2 with printing capabilities, a label maker or a non-stand-
3 alone printer that is embedded into a product that is not a
4 CED.
5 "Program collection site." A physical location that is
6 included in a stewardship plan and at which residential CEDs are
7 collected and prepared for transport by a collector during a
8 program year in accordance with the requirements of this
9 chapter.
10 "Program period." As follows:
11 (1) Five calendar years.
12 (2) The first program period shall start on March 31,
13 2024.
14 "Program year." As follows:
15 (1) A year falling within a program period starting
16 March 31, 2024.
17 (2) The first program year shall start on the first day
18 of the first program period.
19 "Purchaser." As defined in section 201(h) of the Tax Reform
20 Code of 1971.
21 "Recycling." The process of preparing recyclable materials
22 and reusing the materials in their original form or using them
23 in manufacturing processes that do not cause the destruction of
24 recyclable materials in a manner that precludes further use.
25 "Registered collector." As follows:
26 (1) A unit of local government, manufacturer, retailer,
27 charity or nongovernmental organization that collects CEDs in
28 this Commonwealth as approved by a stewardship plan.
29 (2) The term does not include a recycler.
30 "Residential CED." A CED produced or distributed:
20230HB1607PN1874 - 8 -
 1 (1) for sale to a purchaser for use in or around a
2 permanent or temporary household or residence, in recreation
3 or otherwise; or
4 (2) for the personal use, consumption or enjoyment of a
5 purchaser in or around a permanent or temporary household or
6 residence, in recreation or otherwise.
7 "Retailer." A person or business that offers for sale, other
8 than for resale by the purchaser, new CEDs in this Commonwealth
9 by any means, including through sales outlets, catalogs and an
10 Internet website.
11 "Return share." The percentage, by weight, of each CED
12 category that is returned to program collection sites and one-
13 day collection events operated by or on behalf of either a
14 manufacturer or group plan or one or more of its participating
15 manufacturers during the calendar year two years before the
16 applicable program year, as reported to the department under
17 section 6704, except that, for program year one and program year
18 two, the term means the percentage, by weight, of each CED
19 category that is estimated by the manufacturer program plan to
20 be returned to those sites and events during the applicable
21 program year, as reported to the department.
22 "Reuse." The use of electronic waste that is tested and
23 certified to be in good working order and which was removed from
24 the waste stream for use for the same purpose for which it was
25 manufactured, including the continued use of whole systems or
26 components.
27 "Sale." As follows:
28 (1) A "sale at retail" as defined in section 201(k) of
29 the Tax Reform Code of 1971.
30 (2) The term does not include any of the following:
20230HB1607PN1874 - 9 -
 1 (i) The transfer of a previously owned CED,
2 including a CED that may have been refurbished by a
3 manufacturer or other vendor and a purchaser-to-purchaser
4 second-hand transfer of a CED.
5 (ii) A lease of a CED.
6 (iii) A wholesale transaction between a manufacturer
7 and wholesaler.
8 "Secretary." The Secretary of Environmental Protection of
9 the Commonwealth.
10 "Stewardship plan." An annual plan prepared by an individual
11 manufacturer or the plan prepared by the clearinghouse that
12 aggregates the plans prepared by an individual manufacturer and
13 the group plans.
14 "Television." An electronic device only used in a residence
15 that contains a cathode-ray tube or other display screen type
16 and is intended to receive video programming via broadcast,
17 cable, satellite, Internet or other mode of video transmission,
18 or to receive video from surveillance or other similar cameras,
19 and is marketed to and intended for use by residential
20 purchasers.
21 § 6703. Eco-deposits and responsibilities.
22 (a) Eco-deposits.--On and after March 31, 2024, an eco-
23 deposit shall be imposed on each sale of a new CED purchased
24 from a retailer in the amounts recommended by the clearinghouse
25 in the eco-deposit schedule approved by the department under
26 this chapter. The following apply:
27 (1) Except for a sale to a business, the retailer shall
28 charge the purchaser the amount of the eco-deposit at the
29 time of sale.
30 (2) For a sale facilitated by a marketplace facilitator,
20230HB1607PN1874 - 10 -
 1 the marketplace facilitator shall charge the eco-deposit to
2 the purchaser on behalf of the marketplace seller.
3 (b) Deposit display.--
4 (1) Eco-deposits shall be separately displayed on the
5 receipt, invoice, contract or other record documenting the
6 sale of the new CED by a retailer to a purchaser in this
7 Commonwealth.
8 (2) The record must be visible to the purchaser at the
9 time that the CED is sold to the purchaser.
10 (3) For a sale made via an Internet website, catalog,
11 telephone or any similar forum, the eco-deposit shall be
12 disclosed to the purchaser prior to completing the purchase.
13 (c) Deposit passage.--A retailer may not advertise, hold out
14 or state to the