Introduced Version
House Bill 3153 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 3153
(By Delegate Manypenny)
[Introduced
March 25, 2013
; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, be
amended by adding thereto a new article, designated §22-15B-1
and §22-15B-2, all relating to retailer electronic waste
collection; definitions; and the responsibilities of retailers
engaged in the sale of covered electronic equipment.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §22-15B-1 and
§22-15B-2, all to read as follows:
ARTICLE 15B. RETAILER ELECTRONIC WASTE COLLECTION.
§22-15B-1. Definitions.
_____As used in this article:
_____(a) "Cathode ray tube" means a vacuum tube or picture tube
used to convert an electronic signal into a visual image;
_____(b) "Computer" means an electronic, magnetic, optical,
electrochemical or other high-speed data processing device
performing a logical, arithmetic or storage function, including a
laptop computer and desktop computer, and includes any cable, cord,
or wiring permanently affixed to or incorporated into the product,
and may include both a computer central processing unit and a
monitor; but the term does not include an automated typewriter or
typesetter, a portable hand-held calculator, a portable digital
assistant, server or other similar device;
_____(c) "Computer peripheral" means a monitor, electronic
keyboard, electronic mouse or similar pointing device, facsimile
machine, document scanner or printer intended for use with a
computer and includes any cable, cord or wiring permanently affixed
to or incorporated into any such product. Computer peripheral does
not include any document scanner or printer which weighs one
hundred pounds or more;
_____(d) "Consumer" means a person located in the state who owns or
uses covered electronic equipment, including, but not limited to,
an individual, a business, corporation, limited partnership,
not-for-profit corporation, the state, a public corporation, public
school, school district, private or parochial school or board of
cooperative educational services or governmental entity, but does
not include an entity involved in a wholesale transaction between
a distributor and retailer;
_____(e) "Covered electronic equipment" means a computer, computer
peripheral, small electronic equipment, small-scale server, cathode
ray tube or television, as defined in this section. "Covered
electronic equipment" does not include any motor vehicle or any
part thereof, camera or video camera, portable or stationary radio,
household appliances such as clothes washers, clothes dryers,
refrigerators, freezers, microwave ovens, ovens, ranges or
dishwashers, 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 instrument or
system, thermostat, hand-held transceiver, telephone of any type,
portable digital assistant or similar device, calculator, a server
other than a small-scale server, a cash register or retail
self-checkout system, a stand-alone storage product intended for
use in industrial, research and development or commercial settings,
commercial medical equipment that contains within it a cathode ray
tube, a flat panel display or similar video display device and is
not separate from the larger piece of equipment or other medical
devices as that term is defined under the Federal Food, Drug and
Cosmetic Act;
_____(f) "Electronic waste" means covered electronic equipment that
has been discarded or is no longer wanted by its owner or for any
other reason enters the waste collection, recovery, treatment, processing or recycling system;
_____(g) "Monitor" means a separate visual display component of a
computer, whether sold separately or together with a computer
central processing unit and includes a cathode ray tube, liquid
crystal display, gas plasma, digital light processing or other
image projection technology, greater than four inches when measured
diagonally and its case, interior wires and circuitry and any cable
cord or wiring permanently affixed thereto or incorporated into the
product;
_____(h) "Large Retailer" means a commercial enterprise or
establishment, including a sole proprietorship, joint venture,
partnership, corporation or other legally recognizable entity,
whether for profit or not-for-profit, that:
_____(1) Is a full-line, self-service retail store that sells new
covered electronic equipment by any means directly to a consumer
but does not include businesses that regularly lease, offers to
lease or arranges for leasing of merchandise under a
rental-purchase agreement;
_____(2) Has annual sales of $5 million or more, not including
sales of motor fuel; and
_____(3) Has over seventy-five thousand square feet of retail
space;
_____(i) "Small electronic equipment" means any portable digital
music player that has memory capability and is battery-powered, video cassette recorder, a digital video disc player, digital video
recorder, digital converter box, cable or satellite receiver or
electronic or video game console and includes any cable, cord or
wiring permanently affixed to or incorporated into any such
product;
_____(j) "Small-scale server" means a computer that typically uses
desktop components in a desktop form factor, but is designed
primarily to be a storage host for other computers. To be
considered a small-scale server, a computer must have the following
characteristics: designed in a pedestal, tower or other form factor
similar to those of desktop computers such that all data
processing, storage and network interfacing is contained within one
box or product; intended to be operational twenty four hours per
day and seven days a week and unscheduled downtime is extremely
low, such as on the order of hours per year; is capable of
operating in a simultaneous multi-user environment serving several
users through networked client units; and designed for an industry
accepted operating system for home or low-end server applications;
and
_____(k) "Television" means a display system containing a cathode
ray tube or any other type of display primarily intended to receive
video programming via broadcast, cable or satellite transmission,
having a viewable area greater than four inches when measured
diagonally.
§22-15B-2. Retailer's responsibilities.
_____(a) Every retailer engaged in the sale of covered electronic
equipment shall:
_____(1) Accept, at no charge, electronic waste from any person
during the normal business hours of the business; or
_____(2) Offer to any person at no charge, the shipping of
electronic waste to a recycling program conducted by the retailer.
_____(b) Information about such a program shall be readily
available at such retailer locations and on its website.
_____(c) Every retailer required to accept electronic waste
pursuant to subsection (a) of this section shall conspicuously post
a sign open to public view, clearly indicating that electronic
waste is accepted. The signs may also state that electronic waste
shall only be accepted during normal business hours, and may state
the hours.
_____(d) Every retailer required to accept electronic waste shall
take reasonable steps to work with brand-owners of electronic
products to ensure all electronic waste accepted pursuant to this
section shall either be recycled, reused or disposed of in an
environmentally sound manner by a recycler with a certification.
_____(e) A large retailer may not offer covered electronics for
sale in this state unless the retailer complies with the provisions
of this article.
NOTE: The purpose of this bill is to define the
responsibilities of retailers engaged in the sale of covered
electronic equipment
for
electronic waste collection. The bill
also provides definitions.
This article is new; therefore, it has been completely
underscored.