Bill Text: PA SB816 | 2009-2010 | Regular Session | Introduced

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Bill Title: Establishing a recycling program for certain covered devices; imposing duties on manufacturers and retailers of certain covered devices; providing for the powers and duties of the Department of Environmental Protection and for enforcement; and prescribing penalties.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-04-23 - Referred to ENVIRONMENTAL RESOURCES AND ENERGY [SB816 Detail]

Download: Pennsylvania-2009-SB816-Introduced.html

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PRINTER'S NO. 925
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 816 Session of2009
INTRODUCED BY ERICKSON, WOZNIAK, WAUGH, FONTANA, ALLOWAY, RAFFERTY, TARTAGLIONE, O'PAKE, LEACH, WASHINGTON, TOMLINSON, WONDERLING, COSTA, D. WHITE, FARNESE, BOSCOLA, VANCE AND FERLO, APRIL 23, 2009
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, APRIL 23, 2009
AN ACT
Establishing a recycling program for certain covered devices;
imposing duties on manufacturers and retailers of certain
covered devices; providing for the powers and duties of the
Department of Environmental Protection and for enforcement;
and prescribing penalties.
TABLE OF CONTENTS
Chapter 1. Preliminary Provisions
Section 101. Short title.
Section 102. Definitions.
Chapter 3. Duties of Manufacturers and Retailers
Section 301. Applicability.
Section 302. Sales prohibition.
Section 303. Labeling requirement.
Section 304. Registration.
Section 305. Manufacturer plan and reporting.
Section 306. Retailer responsibility.
Chapter 5. Administration
Section 501. Duties of department.
Section 502. Annual report.
Section 503. Additional duties.
Section 504. Fees for collection or recycling of covered
devices.
Section 505. Environmentally sound management requirements.
Section 506. Disposal ban.
Section 507. Enforcement.
Section 508. Regulations.
Section 509. Multistate implementation.
Chapter 7. Miscellaneous Provisions
Section 701. Expiration.
Section 702. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
CHAPTER 1
PRELIMINARY PROVISIONS
Section 101. Short title.
This act shall be known and may be cited as the Covered
Device Recycling Act.
Section 102. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Brand." Symbols, words or marks that identify a covered
device, rather than any of its components.
"Computer." A desktop or notebook computer. The term does
not include an automated typewriter, electronic printer,
professional workstation, server, mobile telephone, portable
handheld calculator, portable digital assistant, MP3 player or
other similar device. The term also does not include a computer
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peripheral commonly known as a cable, mouse or keyboard.
"Computer manufacturer." A person:
(1) who manufactures or manufactured covered computer
devices under a brand that it owns or owned or is or was
licensed to use, other than a license to manufacture covered
devices for delivery exclusively to or at the order of the
licensor;
(2) who sells or sold covered devices manufactured by
others under a brand that the seller owns or owned or is or
was licensed to use, other than a license to manufacture
covered devices for delivery exclusively to or at the order
of the licensor; or
(3) for whose account covered devices were manufactured
outside the United States and are or were imported into the
United States, but this paragraph shall not apply if, at the
time such covered devices are or were imported into the
United States, another person has offered to collect the
covered devices under a recovery plan pursuant to section
5(c).
This term does not mean any person who both owns and licenses
the brand appearing on the covered computer device and has not
also manufactured or sold covered computer devices.
"Consumer." An occupant of a single detached dwelling unit
or a single unit of a multiple dwelling unit who has used a
covered device primarily for personal or home business use.
"Covered computer device." A desktop or notebook computer or
computer monitor, marketed and intended for use by a consumer.
The term does not include a covered television device.
"Covered device." A covered computer device and covered
television device marketed and intended for use by a consumer.
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The term does not include:
(1) a device that is a part of a motor vehicle or any
component part of a motor vehicle assembled by or for a
vehicle manufacturer or franchised dealer, including
replacement parts for use in a motor vehicle;
(2) a device that is functionally or physically a part
of or connected to or integrated within equipment or a system
designed and intended for use in an industrial, governmental,
commercial, research and development or medical setting,
including, but not limited to, diagnostic, monitoring,
control or medical products as defined under the Federal
Food, Drug, and Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301
et seq.), or equipment used for security, sensing,
monitoring, antiterrorism, emergency services purposes or
equipment designed and intended primarily for use by
professional users;
(3) a 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, air purifier or exercise
equipment; or
(4) any of the following:
(i) Telephone of any type, including a mobile phone.
(ii) Personal digital assistant.
(iii) Global positioning system.
"Covered television device." An electronic device that
contains a tuner that locks on to a selected carrier frequency
and is capable of receiving and displaying television or video
programming via broadcast, cable or satellite, including,
without limitation, any direct view or projection television
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with a viewable screen of four inches or larger whose display
technology is based on cathode ray tube, plasma, liquid crystal,
digital light processing, liquid crystal on silicon, silicon
crystal reflective display, light emitting diode or similar
technology marketed and intended for use by a consumer primarily
for personal purposes. The term does not include a covered
computer device.
"Department." The Department of Environmental Protection of
the Commonwealth.
"Desktop computer." An electronic, magnetic, optical,
electrochemical or other high-speed data processing device
which:
(1) Performs logical, arithmetic and storage functions
for general purpose needs which are met through interaction
with a number of software programs contained in the device.
(2) Is not designed to exclusively perform a specific
type of limited or specialized application.
(3) Achieves human interface through a stand-alone
keyboard, stand-alone monitor or other display unit and a
stand-alone mouse or other pointing device and is designed
for a single user.
(4) Has a main unit that is intended to be persistently
located in a single location, often on a desk or on the
floor.
"Market share." A television manufacturer's prior year's
sales of covered television devices, in units, expressed as a
percentage of the total of all television manufacturers' prior
year sales, in units, for all covered television devices.
"New covered device." A covered device or a covered
television device that is manufactured after the effective date
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of this section.
"Notebook computer." An electronic, magnetic, optical,
electrochemical or other high-speed data processing device
which:
(1) Performs logical, arithmetic or storage functions
for general purpose needs which are met through interaction
with a number of software programs contained in the device.
(2) Is not designed to exclusively perform a specific
type of limited or specialized application.
(3) Achieves human interface through a keyboard, video
display greater than four inches in size and mouse or other
pointing device, all of which are contained within the
construction of the unit which comprises the notebook
computer.
(4) Can be carried as one unit by an individual.
(5) May include a supplemental stand-alone interface
device.
(6) May use external, internal or batteries for a power
source.
The term does not include a portable handheld calculator,
portable digital assistant or similar specialized device.
"Obligated share." The proportion of covered computer
devices that reflects a manufacturer's returns share or covered
television devices that reflects a manufacturer's market share
responsibility under this act.
"Orphan device." A covered computer device for which no
manufacturer may be identified.
"Person." An individual, trust, firm, joint stock company,
business concern, corporation, government agency, partnership,
limited liability company or association.
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"Program year." A full calendar year beginning on or after
January 1, 2011.
"Purchase." The taking by sale of title in exchange for
consideration.
"Recycling." A process by which covered devices that would
otherwise become solid waste or hazardous waste are collected,
transported, separated and processed, including disassembling,
dismantling or shredding, to be returned to use in the form of
raw materials or products in accordance with environmental
standards established by the Department of Environmental
Protection.
"Retail sales." The sale of covered devices through sales
outlets, via the Internet, mail order or other means, regardless
of whether the retailer has a physical presence within this
Commonwealth.
"Retailer." A person who offers for sale, other than for
resale by the purchaser, new covered devices in this
Commonwealth by any means, including, but not limited to, sales
outlets, catalogs or the Internet.
"Return share." The proportion of covered computer devices
for which an individual manufacturer is responsible to collect,
transport and recycle.
"Return share in weight." The total weight of covered
computer devices for which a manufacturer is responsible to
collect, transport and recycle.
"Sale" or "sell." A transfer for consideration of title,
including, but not limited to, a transaction conducted through a
sales outlet, catalog, the Internet or any other similar
electronic means. The term does not include a lease.
"Secretary." The Secretary of Environmental Protection of
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the Commonwealth.
"Television manufacturer." A person who:
(1) manufactures covered television devices under a
brand that it licenses or owns for sale in this Commonwealth
but does not include a person who manufactures, sells or
resells a television device under a brand it licenses, the
licensor or brand owner of the brand;
(2) manufactures covered television devices without
affixing a brand for sale in this Commonwealth;
(3) resells into this Commonwealth a covered television
device under a brand it owns or licenses produced by other
suppliers, including a retail establishment that sells
covered television devices under a brand the retailer owns or
licenses but does not include a person who manufactures,
sells or resells a television device under a brand it
licenses, the licensor or brand owner of the brand;
(4) imports into the United States or exports from the
United States covered television devices for sale in this
Commonwealth;
(5) sells at retail a covered television device acquired
from an importer that is the manufacturer as described in
paragraph (4) and elects to register in lieu of the importer
as the manufacturer for those products;
(6) manufactures covered television devices, supplies
them to any person or persons within a distribution network
that includes wholesalers or retailers in this Commonwealth
and benefits from the sale in this Commonwealth of those
covered television devices through such distribution network;
or
(7) assumes the responsibilities and obligations of a
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television manufacturer under this act.
CHAPTER 3
DUTIES OF MANUFACTURERS AND RETAILERS
Section 301. Applicability.
The collection, transportation and recycling provisions of
this act shall apply only to covered devices used by and
collected from a consumer in this Commonwealth.
Section 302. Sales prohibition.
(a) General rule.--No manufacturer or retailer may sell or
offer for sale in this Commonwealth a new covered device unless
the brand is included on the list of registered manufacturers
and their brands maintained by the department pursuant to
subsection (b).
(b) List to be maintained by department.--Beginning April 1,
2010, the department shall maintain a list of each registered
manufacturer, the brands of all covered devices reported in each
manufacturer's registration and the brands of covered devices
for which no manufacturer has registered and post the list on
the department's Internet website.
(c) Duty of retailers to consult list.--
(1) A retailer of new covered devices to be offered for
sale in or into this Commonwealth shall consult the list
prior to selling new covered devices in this Commonwealth.
(2) A retailer shall be considered to have complied with
paragraph (1) if, on the date that the new covered device was
ordered from the retailer, the brand was on the list of
registered manufacturers and is posted on the Internet
website identified in subsection (b).
Section 303. Labeling requirement.
On or after the effective date of this section, no
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manufacturer or retailer may sell or offer for sale in this
Commonwealth a new covered device unless it is labeled with the
manufacturer's name and brand whether owned or licensed.
Section 304. Registration.
(a) Manufacturers registration.--
(1) A manufacturer of new covered devices offered for
sale in this Commonwealth shall register with the department
by January 30, 2011, and pay a registration fee of $5,000.
(2) After January 30, 2011, if a manufacturer has not
previously filed a registration, the manufacturer shall file
a registration with the department prior to any offer for
sale or delivery in this Commonwealth of the manufacturer's
new covered devices and shall pay to the department a
registration fee of $5,000.
(3) A registered manufacturer shall submit an annual
renewal of its registration to the department and pay to the
department a registration fee of $5,000 by January 1 of each
program year. The registration and each annual renewal shall
include a list of all brands the manufacturer is using on its
covered devices regardless of whether the manufacturer owns
or licenses the brand, and shall be effective upon receipt by
the department.
(b) Reporting by computer manufacturers.--By April 1, 2010,
the department shall establish a procedure for an auditable,
statistically significant sampling of covered computer devices
collected from consumers in this Commonwealth and an audit
procedure for the sampling results. The results of the sampling
shall consist of a list of brands of covered computer devices
and the weight of covered computer devices of each brand. Prior
to final adoption of the sampling procedure, the department
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shall notify the public, including all registered manufacturers
selling computer devices, of the availability of the proposed
sampling procedure, shall provide a 30-day public comment period
and shall prepare and make available to the public a written
response to public comments received during the public comment
period.
(c) Reporting by television manufacturers.--
(1) In addition to reporting all brands under which its
covered television devices are offered for sale, regardless
of whether the television manufacturer owns or licenses the
brand, the television manufacturer's annual report shall
include the market share of all new covered television
devices sold in this Commonwealth in the previous program
year. The market share for a television manufacturer shall be
determined using sales data submitted to the manufacturer or
the department by retailers pursuant to section 306(b).
(2) During the first program year after the effective
date of this section registered television manufacturers
shall collect data on the total weight of new covered
televisions sold during that year. The television
manufacturer's program obligations for the second and
subsequent program years shall be based upon the television
manufacturer's total weight in pounds multiplied by the
television manufacturer's market share in the previous
program year.
(3) When a manufacturer or group of manufacturers
conducts its own collection, transportation and recycling
program for covered devices, the manufacturer or group of
manufacturers shall submit a report to the department
annually by January 30, beginning the year after the program
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is initiated. The report, sampling, if applicable, and
weighing required by this paragraph shall be paid for by the
manufacturer or group of manufacturers. The report shall
consist of:
(i) The total weight of covered computer devices,
including orphan share or covered television devices,
collected from consumers in this Commonwealth by the
manufacturer or group of manufacturers during the
previous program year and documentation verifying
collection and recycling of such devices.
(ii) The results of a statistically significant
sampling, if applicable, conducted in accordance with the
sampling procedure established by the department pursuant
to paragraph (1) of covered computer devices collected
from consumers in this Commonwealth by the manufacturer
or group of manufacturers during the previous program
year. The manufacturer shall audit the sampling results
in accordance with the audit procedure established by the
department pursuant to paragraph (1). The sampling may be
conducted by a third-party organization, including a
recycler, to be determined by the manufacturer or group
of manufacturers.
Section 305. Manufacturer plan and reporting.
(a) Collection, transportation and recycling plan.--
(1) A manufacturer shall establish, conduct and manage a
plan to collect, transport and recycle a quantity of covered
computer devices equal to the manufacturer's return share in
weight or, in the case of covered television devices, the
manufacturer's market share. The plan shall be submitted to
the department for review.
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(2) A group of manufacturers may submit a joint plan to
collect, transport and recycle the sum of the return shares
in weight in the case of covered computer devices of each
participating manufacturer or, in the case of covered
television devices, the television manufacturer's market
share.
(b) Contents of plan.--The plan required under subsection
(a) shall include:
(1) Methods that will be used to collect the covered
devices, including the name and locations of proposed
collection sites.
(2) The processes that will be used to recycle,
including a description of the recycling processes that will
be used and the names and locations of recyclers to be
directly utilized by the plan.
(3) Means that will be utilized to publicize the
collection opportunities, including specification of an
Internet website address or toll-free telephone number that
provides information about the manufacturer's program in
sufficient detail to allow consumers to learn how to return
their covered devices for recycling.
(4) The intention of the manufacturer or each
manufacturer to fulfill its obligated share under this act,
through operation of its own program, either individually or
with other manufacturers as a group.
(5) A listing of all collection sites for covered
electronic devices and covered television devices.
(c) Approval of plan.--
(1) The department shall review a plan submitted to it
under subsection (a) and, within 60 days of receipt of the
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plan, determine whether the plan complies with the provisions
of this act.
(2) If the department approves the plan, the department
shall notify the manufacturer or group of manufacturers. If
the department rejects the plan, in whole or in part, the
department shall notify the manufacturer or group of
manufacturers and provide the reasons for the plan's
rejection. Rejection of a plan shall be based on the plan's
failure to provide the information required by subsection
(b).
(3) Within 30 days after receipt of the department's
rejection, the manufacturer or group of manufacturers may
revise and resubmit the plan to the department for approval.
(d) Effect of failure to comply with approval plan.--
(1) (i) If the total weight in pounds of covered
devices collected, transported and recycled during a
program year by a manufacturer or group of manufacturers
is less than the sum of the obligated shares in weight
for that program year of each manufacturer participating
in the plan, the manufacturer or group of manufacturers
shall submit to the department, by March 15 of the
following program year, a payment to cover the cost of
collecting, transporting and recycling the unmet portion
of the sum of the obligated shares in weight.
(ii) The payment shall be equal to the quantity of
the unmet portion, in pounds, plus an additional 10% of
such quantity, multiplied by the cost per pound for
collection, transportation and recycling of covered
devices.
(iii) All payments collected under subparagraph (ii)
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shall be deposited into the Recycling Fund and shall be
used to fund the activities under section 501 and other
recycling programs within this Commonwealth.
(2) The department shall:
(i) Determine the average cost for collection and
transportation of covered devices to be used in
calculating the penalties under this paragraph.
(ii) No more frequently than annually and no less
frequently than biennially review these costs and shall
publish for public comment any proposed changes to these
costs.
(e) Multiple computer manufacturers.--
(1) Where more than one person may be deemed the
computer manufacturer of a brand of a covered computer
device, any one or more such persons may assume
responsibility for and satisfy the obligations of a
manufacturer under this act with respect to covered computer
devices bearing that brand.
(2) In the event that no person assumes responsibility
for and satisfies the obligations of a computer manufacturer
under this act with respect to covered devices bearing that
brand, for purposes of compliance with these provisions, the
responsible party shall be the person who satisfies paragraph
(1) of the definition of computer manufacturer.
(f) Construction.--Nothing in this act shall be construed to
exempt any person from liability that person would otherwise
have under applicable law.
Section 306. Retailer responsibility.
(a) Public notice.--A retailer shall clearly post and
provide information provided by the department that describes
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where and how to recycle a covered device and opportunities and
locations for the collection and return of the covered device,
through the use of a toll-free telephone number and Internet
website, information included in the packaging or information
provided accompanying the sale of the covered device.
(b) Sales.--
(1) A retailer who sells a new covered television device
during a calendar year shall report the number and weight of
new covered television devices from each television
manufacturer sold by that retailer during that calendar year
to the department within 30 days of the end of the calendar
year. The report submitted by the retailer to the department
shall be exempt from disclosure under the provisions of the
act of February 14, 2008 (P.L.6, No.3), known as the Right-
to-Know Law, and shall not be disclosed by the department
unless otherwise required by law or court order, however, all
aggregated data compiled by the department shall not be
exempt from the provisions of the Right-to-Know Law.
(2) The department shall utilize this data exclusively
to calculate a covered television manufacturer's market
share.
(3) A television manufacturer of a covered television
device may request of the department a copy of the
information on the brands for which they are a manufacturer
and which brands may be included in the report submitted by a
retailer to the department. The department shall only provide
information on the brands the television manufacturer is
using, regardless of whether the television manufacturer
licenses or owns the brands, and this information shall be
exempt from the provisions of the Right-to-Know Law.
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(4) A retailer shall comply with sections 302(a) and (c)
and 303.
CHAPTER 5
ADMINISTRATION
Section 501. Duties of department.
The department shall:
(1) Encourage the use of existing collection and
consolidation infrastructure for handling covered devices to
the extent that this infrastructure is accessible on a
regular and ongoing basis to at least 85% of the population
of this Commonwealth, is cost effective and meets the
environmentally sound management requirements of section 506.
(2) Update the list maintained pursuant to section
302(b) upon receipt by the department of a manufacturer's
registration or an annual manufacturer registration renewal.
(3) Organize and coordinate public education and
outreach. The department shall work with retailers to develop
the appropriate public education and outreach materials and
to assist retailers as necessary in the conduct of their
public education and outreach efforts.
(4) Review all plans submitted by a manufacturer or
group of manufacturers for the collection, transportation and
recycling of covered devices.
(5) Oversee the implementation of all approved plans and
take the necessary actions to ensure compliance with approved
plans.
Section 502. Annual report.
The department shall prepare and submit annually to the
General Assembly and post on its Internet website a report that
includes:
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(1) The total weight of covered computer devices or
covered television devices collected in this Commonwealth
during the previous calendar year.
(2) A complete listing of all manufacturers' collection,
transportation and recycling programs and collection sites
operating in this Commonwealth during the prior calendar
year, the parties that operated them and the amount of
material by weight collected at each site.
(3) An evaluation of the effectiveness of the education
and outreach program.
(4) An evaluation of the existing collection and
processing infrastructure.
(5) Recommendations for expanding the program to include
additional electronic devices. All recommendations shall be
accompanied by an analysis of the positive and negative
aspects along with a cost benefit analysis of the
recommendations.
Section 503. Additional duties.
The department shall:
(1) Maintain an Internet website and toll-free telephone
number complete with up-to-date listings of where consumers
may take covered computer devices or covered television
devices for recycling under this act.
(2) No more frequently than annually and no less
frequently than biennially, review at a public hearing the
amount of the covered computer device and covered television
device recycling and registration fee. Recommended changes to
the covered computer device and covered television device
recycling program and registration fees shall be included in
the annual report.
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Section 504. Fees for collection or recycling of covered
computer devices.
No manufacturer or retailer may charge a fee or cost to a
consumer for the collection, transportation or recycling of a
covered electronic device or a covered television device.
Section 505. Environmentally sound management requirements.
(a) General rule.--Covered devices collected through any
program in this Commonwealth, whether by a manufacturer,
retailer, for-profit or not-for-profit corporation or unit of
government, shall be recycled in a manner that is in compliance
with all applicable Federal, State and local laws, regulations
and ordinances and may not be exported for disposal in a manner
that poses a significant risk to the public health or the
environment.
(b) Performance requirements.--The department shall
establish performance requirements to conduct collection,
transportation and recycling programs for covered devices. All
entities shall, at a minimum, demonstrate compliance with the
Environmental Protection Agency's: Guidelines for Materials
Management of the Partnership referred to as Plug-In to eCycling
as issued and make this available on the Internet website
described in subsection (c) in addition to any other
requirements mandated by Federal or State law.
(c) Department to maintain Internet website.--The department
shall maintain an Internet website that includes a list of
entities and organizations that the department has determined
have met the performance requirements.
Section 506. Disposal ban.
(a) General rule.--Two years after the effective date of
this section, no person may place in municipal solid waste a
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covered device or any of the components or subassemblies
thereof, excluding any nonhazardous residuals produced during
recycling in any solid waste disposal facility.
(b) Hold harmless.--An owner or operator of a solid waste
disposal facility shall not be found in violation of this
section if such owner or operator has:
(1) made a good faith effort to comply with this
section;
(2) posted in a conspicuous location at the facility a
sign stating that covered electronic devices and covered
television devices or any components thereof shall not be
accepted at such facility; and
(3) notified in writing all collectors registered to
deposit solid waste to such facility that such devices or
components shall not be accepted at the facility.
(c) Definition.--For purposes of this section, "facility"
shall have the same meaning given to it in section 103 of the
act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste
Management Act. The term does not include a transfer station.
Section 507. Enforcement.
(a) Judicial action.--
(1) The Commonwealth, through the Attorney General and
the department, may initiate independent action to enforce
any provision of this act, including failure by the
manufacturer to remit the registration fee pursuant to
section 304(a) to the department.
(2) Any funds awarded by the court shall be used first
to offset enforcement expenses. Money in excess of the
enforcement expenses shall be deposited into the Recycling
Fund and used to support the activities under section 501 and
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other recycling programs within this Commonwealth.
(b) Penalties.--
(1) Any manufacturer who fails to label its new covered
devices with a brand, as required by section 303, who fails
to register with the department and pay a registration fee,
as required by section 304(a), may be assessed a penalty of
up to $10,000 for the first violation and up to $25,000 for
the second and each subsequent violation in addition to
paying for any fees, payments and penalties required by or
imposed pursuant to this act.
(2) Except as otherwise provided under paragraph (1),
any person, including a retailer, who violates any
requirement of this act may be assessed a penalty of up to
$1,000 for the first violation and up to $2,000 for the
second and each subsequent violation, in addition to paying
for any fees, payments and penalties required by or imposed
pursuant to this act.
(3) All penalty moneys collected under paragraphs (1)
and (2) shall be deposited into the Recycling Fund and used
to support the activities under section 501 and other
recycling programs within this Commonwealth.
(c) Injunctive relief.--A violation of the sales
prohibitions of this act may be enjoined in an action in the
name of the Commonwealth, brought by the Attorney General.
Section 508. Regulations.
The department may adopt rules and regulations as shall be
necessary for the purpose of administering this act. The
regulations shall be promulgated in accordance with the act of
June 25, 1982 (P.L.633, No.181), known as the Regulatory Review
Act.
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Section 509. Multistate implementation.
The department may participate in the establishment and
implementation of a regional, multistate organization or compact
to assist in carrying out the requirements of this act.
CHAPTER 7
MISCELLANEOUS PROVISIONS
Section 701. Expiration.
(a) Duty of Secretary of Environmental Protection to monitor
Federal law.--
(1) The secretary shall monitor the enactment of laws by
the Congress of the United States to determine whether any
law has been enacted that establishes a program directed to
the collection and recycling of covered devices.
(2) If the secretary determines that such a law is
enacted, the secretary shall publish that determination as a
notice in the Pennsylvania Bulletin. The notice shall include
a statement that the effect of the notice is the immediate
expiration of this act as provided under subsection (b).
(b) Effect of secretary's determination.--This act shall
expire on the date a determination by the secretary under
subsection (a) is published in the Pennsylvania Bulletin.
Section 702. Effective date.
This act shall take effect in 60 days.
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