BILL REQ. #:  S-3547.1 

Read first time 01/18/12.   Referred to Committee on Environment.

     AN ACT Relating to electronic product recycling; and amending RCW 70.95N.050.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 70.95N.050 and 2006 c 183 s 5 are each amended to read as follows:
     (1) A manufacturer must participate in the standard plan administered by the authority, unless the manufacturer obtains department approval for an independent plan for the collection, transportation, and recycling of unwanted electronic products.
     (2) An independent plan may be submitted by an individual manufacturer or by a group of manufacturers, provided that:
     (a) For program years 2009 through 2012, each independent plan represents at least a five percent return share of covered electronic products and for program year 2013 and all subsequent program years, each independent plan represents at least a three percent market share of covered electronic products; and
     (b) No manufacturer may participate in an independent plan if it is ((a new entrant or)) a white box manufacturer.
     (3) An individual manufacturer submitting an independent plan to the department is responsible for collecting, transporting, and recycling its equivalent share of covered electronic products.
     (4)(a) Manufacturers collectively submitting an independent plan are responsible for collecting, transporting, and recycling the sum of the equivalent shares of each participating manufacturer.
     (b) Each group of manufacturers submitting an independent plan must designate a party authorized to file the plan with the department on their behalf. A letter of certification from each of the manufacturers designating the authorized party must be submitted to the department together with the plan.
     (5) For the 2013 program year and all subsequent program years, an independent plan must apportion its costs among manufacturers participating in that plan based on market share.
     (6) Each manufacturer in the standard plan or in an independent plan retains responsibility and liability under this chapter in the event that the plan fails to meet the manufacturer's obligations under this chapter.
     (7)(a) If the department deems an independent plan unapproved, the department shall detail all deficiencies in writing within thirty days of the submission of an independent plan.
     (b) An independent plan must have the opportunity to address the deficiencies as authorized in (a) of this subsection and provide an updated plan within thirty days of the department's rejection notification.
     (8) If an independent plan does not match the recovery rate of the standard plan after two years, the department shall withdraw approval for the independent plan and the independent plan's members must join the standard plan.