1824-S AMH PETE H2211.2
SHB 1824 - H AMD 90
By Representative Peterson
ADOPTED 03/01/2017
On page 3, at the beginning of line 27, strike all material through "products." on line 35 and insert "an independent plan or the standard plan for a minimum period of three years following a violation if the transporter, collector, or processor:
(i) Is determined by the department to have willfully violated, after July 1, 2017, either:
(A) Chapter 70.105 RCW for activities associated with covered electronic products; or
(B) These performance standards or RCW 70.95N.240 for activities related to the export of covered electronic products or for activities that resulted in significant harm to the environment or human health; and
(ii) Has ever previously been penalized by the department for a willful violation under either:
(A) Chapter 70.105 RCW for activities associated with covered electronic products; or
(B) These performance standards or RCW 70.95N.240 for activities related to the export of covered electronic products or for activities that resulted in significant harm to the environment or human health."
On page 6, beginning on line 2, after "plan" strike all material through "plan" on line 6
On page 7, beginning on line 25, after "rates" strike all material through "processor" on line 26 and insert "for services and allocated volumes for each transporter and processor, a description of the procurement process including rate submittal, and a description of the methodology and rationale by which transporter and processor volumes were allocated"
On page 7, line 32, after "(4)" insert "The department shall annually review the information submitted in subsection (2)(j) of this section with a view to ensuring that the plan is using competitive processes that promote cost-effective and environmentally sound transport and processing of covered electronic products.
(5)"
On page 9, after line 14, insert the following:
"Sec. 8.  RCW 70.95N.290 and 2013 c 305 s 12 are each amended to read as follows:
(1)(a) The authority is governed by a board of directors. The board of directors is comprised of eleven participating manufacturers, appointed by the director of the department. For program years 2009 through 2015, five board positions are reserved for representatives of the top ten brand owners by return share of covered electronic products, and six board positions are reserved for representatives of other brands, including at least one board position reserved for a manufacturer who is also a retailer selling their own private label. The return share of covered electronic products used to determine the top ten brand owners for purposes of electing the board must be determined by the department by January 1, 2007. For program years 2016 and beyond, five board positions are reserved for representatives of the top ten brand owners by market share of covered electronic products, and six board positions are reserved for representatives of other brands, including at least one board position reserved for a manufacturer who is also a retailer selling its own private label. The market share of covered electronic products used to determine the top ten brand owners for purposes of electing the board must be determined by the department by October 1, 2015.
(b) The board must have representation from both television and computer manufacturers.
(2) The board shall select from its membership the chair of the board and such other officers as it deems appropriate.
(3) A majority of the board constitutes a quorum.
(4) The directors of the department of commerce and the department of ecology serve as ex officio members and they or their designees must attend a minimum of three board meetings each year. The state agency directors serving in ex officio capacity may each designate an employee of their respective departments to act on their behalf in all respects with regard to any matter to come before the authority. Ex officio designations must be made in writing and communicated to the authority director.
(5) The board shall create its own bylaws in accordance with the laws of the state of Washington.
(6) Any member of the board may be removed for misfeasance, malfeasance, or willful neglect of duty after notice and a public hearing, unless the notice and hearing are expressly waived in writing by the affected member.
(7) The members of the board serve without compensation but are entitled to reimbursement, solely from the funds of the authority, for expenses incurred in the discharge of their duties under this chapter."
Correct the title.
EFFECT: Specifies that willful violations of hazardous waste management laws associated with covered electronic product activities, in addition to willful violations of electronic product recycling laws, results in the expulsion of transporters, collectors, or processors from the electronic waste recycling program for a minimum of three years, if the business has previously been found to willfully violate those laws. Eliminates the requirement that the annual reports by electronic waste recycling programs include information regarding the contract rates and volumes for electronic waste collectors, while retaining rate and volume reporting requirements for transporters and processors. Requires the annual reports by electronic waste recycling programs to include descriptions of their procurement process and volume allocation methodology and rationale, and requires the department of ecology to annually review this information to ensure that the plan is using competitive processes that promote cost-effective and environmentally sound processing and transport. Requires the attendance of at least three board meetings per year by the representatives of the department of commerce and the department of ecology who serve as ex officio members of the board of the Washington materials management and financing authority (the entity created in state law that implements the state's electronic waste recycling program).
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