BILL REQ. #: H-1431.2
| State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 02/07/11. Referred to Committee on Environment.
AN ACT Relating to market share in electronic waste; amending RCW 70.95N.020, 70.95N.040, 70.95N.050, 70.95N.140, 70.95N.160, 70.95N.180, 70.95N.190, 70.95N.200, 70.95N.220, 70.95N.270, 70.95N.290, and 70.95N.300; and repealing RCW 70.95N.100 and 70.95N.110.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 70.95N.020 and 2006 c 183 s 2 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Authority" means the Washington materials management and
financing authority created under RCW 70.95N.280.
(2) "Authorized party" means a manufacturer who submits an
individual independent plan or the entity authorized to submit an
independent plan for more than one manufacturer.
(3) "Board" means the board of directors of the Washington
materials management and financing authority created under RCW
70.95N.290.
(4) "Collector" means an entity licensed to do business in the
state that gathers unwanted covered electronic products from
households, small businesses, school districts, small governments, and
charities for the purpose of recycling and meets minimum standards that
may be developed by the department.
(5) "Contract for services" means an instrument executed by the
authority and one or more persons or entities that delineates
collection, transportation, and recycling services, in whole or in
part, that will be provided to the citizens of the state within service
areas as described in the approved standard plan.
(6) "Covered electronic product" includes a cathode ray tube or
flat panel computer monitor having a viewable area greater than four
inches when measured diagonally, a desktop computer, a laptop or a
portable computer, or a cathode ray tube or flat panel television
having a viewable area greater than four inches when measured
diagonally that has been used in the state by any covered entity
regardless of original point of purchase. "Covered electronic product"
does not include: (a) A motor vehicle or replacement parts for use in
motor vehicles or aircraft, or any computer, computer monitor, or
television that is contained within, and is not separate from, the
motor vehicle or aircraft; (b) monitoring and control instruments or
systems; (c) medical devices; (d) products including materials intended
for use as ingredients in those products as defined in the federal
food, drug, and cosmetic act (21 U.S.C. Sec. 301 et seq.) or the virus-serum-toxin act of 1913 (21 U.S.C. Sec. 151 et seq.), and regulations
issued under those acts; (e) equipment used in the delivery of patient
care in a health care setting; (f) a computer, computer monitor, or
television that is contained within a clothes washer, clothes dryer,
refrigerator, refrigerator and freezer, microwave oven, conventional
oven or range, dishwasher, room air conditioner, dehumidifier, or air
purifier; or (g) hand-held portable voice or data devices used for
commercial mobile services as defined in 47 U.S.C. Sec. 332 (d)(1).
(7) "Covered entity" means any household, charity, school district,
small business, or small government located in Washington state.
(8) "Curbside service" means a collection service providing
regularly scheduled pickup of covered electronic products from
households or other covered entities in quantities generated from
households.
(9) "Department" means the department of ecology.
(10) "Electronic product" includes a cathode ray tube or flat panel
computer monitor having a viewable area greater than ((four)) nine
inches when measured diagonally; a desktop computer; a laptop or a
portable computer; or a cathode ray tube or flat screen television
having a viewable area greater than four inches when measured
diagonally.
(11) "Equivalent share" means the weight in pounds of covered
electronic products identified for an individual manufacturer under
this chapter as determined by the department under RCW 70.95N.200.
(12) "Household" means a single detached dwelling unit or a single
unit of a multiple dwelling unit and appurtenant structures.
(13) "Independent plan" means a plan for the collection,
transportation, and recycling of unwanted covered electronic products
that is developed, implemented, and financed by an individual
manufacturer or by an authorized party.
(14) "Manufacturer" means any person, in business or no longer in
business but having a successor in interest, who, irrespective of the
selling technique used, including by means of distance or remote sale:
(a) Manufactures or has manufactured a covered electronic product
under ((its own brand names)) a brand it owns or is licensed to use for
sale in or into this state;
(b) Assembles or has assembled a covered electronic product that
uses parts manufactured by others for sale in or into this state under
the assembler's brand names;
(c) Resells or has resold in or into this state under ((its own
brand names)) a brand it owns or is licensed to use a covered
electronic product produced by other suppliers, including retail
establishments that sell covered electronic products under ((their own
brand names)) brands they own or are licensed to use;
(d) Manufactures or manufactured a cobranded product for sale in or
into this state that carries the name of both the manufacturer and a
retailer;
(e) Imports or has imported a covered electronic product into the
United States that is sold in or into this state. However, if the
imported covered electronic product is manufactured by any person with
a presence in the United States meeting the criteria of manufacturer
under (a) through (d) of this subsection, that person is the
manufacturer. For purposes of this subsection, "presence" means any
person that performs activities conducted under the standards
established for interstate commerce under the commerce clause of the
United States Constitution; ((or))
(f) Sells at retail a covered electronic product acquired from an
importer that is the manufacturer as described in (e) of this
subsection, and elects to register in lieu of the importer as the
manufacturer for those products; or
(g) Assumes the responsibilities of a manufacturer under this
section.
(15) "New entrant" means: (a) A manufacturer of televisions that
have been sold in the state for less than ((ten)) two years; or (b) a
manufacturer of desktop computers, laptop and portable computers, or
computer monitors that have been sold in the state for less than
((five)) two years. However, a manufacturer of both televisions and
computers or a manufacturer of both televisions and computer monitors
that is deemed a new entrant under either only (a) or (b) of this
subsection is not considered a new entrant for purposes of this
chapter.
(16) (("Orphan product" means a covered electronic product that
lacks a manufacturer's brand or for which the manufacturer is no longer
in business and has no successor in interest.)) "Plan's equivalent share" means the weight in pounds of
covered electronic products for which a plan is responsible. A plan's
equivalent share is equal to the sum of the equivalent shares of each
manufacturer participating in that plan.
(17)
(((18))) (17) "Plan's ((return)) market share" means the sum of the
((return)) market shares of each manufacturer participating in that
plan.
(((19))) (18) "Premium service" means services such as at-location
system upgrade services provided to covered entities and at-home pickup
services offered to households. "Premium service" does not include
curbside service.
(((20))) (19) "Processor" means an entity engaged in disassembling,
dismantling, or shredding electronic products to recover materials
contained in the electronic products and prepare those materials for
reclaiming or reuse in new products in accordance with processing
standards established by this chapter and by the department. A
processor may also salvage parts to be used in new products.
(((21))) (20) "Product type" means one of the following categories:
Computer monitors; desktop computers; laptop and portable computers;
and televisions.
(((22))) (21) "Program" means the collection, transportation, and
recycling activities conducted to implement an independent plan or the
standard plan.
(((23))) (22) "Program year" means each full calendar year after
the program has been initiated.
(((24))) (23) "Recycling" means transforming or remanufacturing
unwanted electronic products, components, and by-products into usable
or marketable materials for use other than landfill disposal or
incineration. "Recycling" does not include energy recovery or energy
generation by means of combusting unwanted electronic products,
components, and by-products with or without other waste. Smelting of
electronic materials to recover metals for reuse in conformance with
all applicable laws and regulations is not considered disposal or
energy recovery.
(((25))) (24) "Retailer" means a person who offers covered
electronic products for sale at retail through any means including, but
not limited to, remote offerings such as sales outlets, catalogs, or
the internet, but does not include a sale or lease that is a wholesale
transaction with a distributor or a retailer.
(((26) "Return share" means the percentage of covered electronic
products by weight identified for an individual manufacturer, as
determined by the department under RCW 70.95N.190.)) (25) "Reuse" means any operation by which an electronic
product or a component of a covered electronic product changes
ownership and is used for the same purpose for which it was originally
purchased.
(27)
(((28))) (26) "Small business" means a business employing less than
fifty people.
(((29))) (27) "Small government" means a city in the state with a
population less than fifty thousand, a county in the state with a
population less than one hundred twenty-five thousand, and special
purpose districts in the state.
(((30))) (28) "Standard plan" means the plan for the collection,
transportation, and recycling of unwanted covered electronic products
developed, implemented, and financed by the authority on behalf of
manufacturers participating in the authority.
(((31))) (29) "Transporter" means an entity that transports covered
electronic products from collection sites or services to processors or
other locations for the purpose of recycling, but does not include any
entity or person that hauls their own unwanted electronic products.
(((32))) (30) "Unwanted electronic product" means a covered
electronic product that has been discarded or is intended to be
discarded by its owner.
(((33))) (31) "White box manufacturer" means a person who
manufactured unbranded covered electronic products offered for sale in
the state within ten years prior to a program year for televisions or
within five years prior to a program year for desktop computers, laptop
or portable computers, or computer monitors.
(32) "Market share" means the percentage of covered electronic
products by weight identified for an individual manufacturer, as
determined by the department under RCW 70.95N.190.
Sec. 2 RCW 70.95N.040 and 2006 c 183 s 4 are each amended to read
as follows:
(1) By January 1, 2007, and annually thereafter, each manufacturer
must register with the department.
(2) A manufacturer must submit to the department with each
registration or annual renewal a fee to cover the administrative costs
of this chapter as determined by the department under RCW 70.95N.230.
(3) The department shall review the registration or renewal
application and notify the manufacturer if their registration does not
meet the requirements of this section. Within thirty days of receipt
of such a notification from the department, the manufacturer must file
with the department a revised registration addressing the requirements
noted by the department.
(4) The registration must include the following information:
(a) The name and contact information of the manufacturer submitting
the registration;
(b) The ((manufacturer's brand names of)) list of brands under
which the manufacturer manufactures or sells covered electronic
products((, including all brand names sold in the state in the past,
all brand names currently being sold in the state, and all brand names
for which the manufacturer has legal responsibility under RCW
70.95N.100));
(c) The method or methods of sale used in the state; and
(d) Whether the registrant will be participating in the standard
plan or submitting an independent plan to the department for approval.
(5) The registrant shall submit any changes to the information
provided in the registration to the department within fourteen days of
such change.
(6) The department shall identify, using all reasonable means,
manufacturers that are in business or that are ((no longer in business
but that have a successor in interest by examining best available
return)) currently selling electronic devices using market share data,
product advertisements, and other pertinent data. The department shall
notify manufacturers that have been identified and for whom an address
has been found of the requirements of this chapter, including
registration and plan requirements under this section and RCW
70.95N.050.
Sec. 3 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) Each independent plan represents at least a five percent
((return)) 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) 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.
Sec. 4 RCW 70.95N.140 and 2006 c 183 s 14 are each amended to
read as follows:
(1) By March 1st of the second program year and each program year
thereafter, the authority and each authorized party shall file with the
department an annual report for the preceding program year.
(2) The annual report must include the following information:
(a) The total weight in pounds of covered electronic products
collected and recycled, by county, during the preceding program year
including documentation verifying collection and processing of that
material. ((The total weight in pounds includes orphan products.))
The report must also indicate and document the weight in pounds
received from each nonprofit charitable organization primarily engaged
in the business of reuse and resale used by the plan. The report must
document the weight in pounds that were received in large quantities
from small businesses, small governments, charities and school
districts as described in RCW 70.95N.090(5);
(b) The collection services provided in each county and for each
city with a population over ten thousand including a list of all
collection sites and services operating in the state in the prior
program year and the parties who operated them;
(c) A list of processors used, the weight of covered electronic
products processed by each direct processor, and a description of the
processes and methods used to recycle the covered electronic products
including a description of the processing and facility locations. The
report must also include a list of subcontractors who further processed
or recycled unwanted covered electronic products, electronic
components, or electronic scrap ((described in section 26(1) of this
act,)) including facility locations;
(d) ((Other documentation as established under section 26(3) of
this act;)) Educational and promotional efforts that were undertaken;
(e)
(((f) The results of sampling and sorting as required in RCW
70.95N.110, including a list of the brand names of covered electronic
products by product type, the number of covered electronic products by
product type, the weight of covered electronic products that are
identified for each brand name or that lack a manufacturer's brand, and
the total weight of the sample by product type;)) (e) The list of manufacturers that are participating in the
standard plan; and
(g)
(((h))) (f) Any other information deemed necessary by the
department.
(3) The department shall review each report within ninety days of
its submission and shall notify the authority or authorized party of
any need for additional information or documentation, or any deficiency
in its program.
(4) All reports submitted to the department must be available to
the general public through the internet. Proprietary information
submitted to the department under this chapter is exempt from public
disclosure under RCW 42.56.270.
Sec. 5 RCW 70.95N.160 and 2006 c 183 s 16 are each amended to
read as follows:
(1) Beginning January 1, 2007, no person may sell or offer for sale
an electronic product to any person in the state unless the electronic
product is labeled with the ((manufacturer's)) brand the manufacturer
owns or is licensed to use. The label must be permanently affixed and
readily visible.
(2) In-state retailers in possession of unlabeled products on
January 1, 2007, may exhaust their stock through sales to the public.
Sec. 6 RCW 70.95N.180 and 2006 c 183 s 18 are each amended to
read as follows:
(1) The department shall maintain on its web site the following
information:
(a) The names of the manufacturers and the ((manufacturer's))
brands being used by the manufacturer that are registered with the
department under RCW 70.95N.040;
(b) The names of the manufacturers and the ((manufacturer's))
brands being used by the manufacturer that are participating in an
approved plan under RCW 70.95N.050;
(c) The names and addresses of the collectors and transporters that
are listed in registrations filed with the department under RCW
70.95N.240;
(d) The names and addresses of the processors used to fulfill the
requirements of the plans;
(e) ((Return)) Market and equivalent shares for all manufacturers.
(2) The department shall update this web site information promptly
upon receipt of a registration or a report.
Sec. 7 RCW 70.95N.190 and 2006 c 183 s 19 are each amended to
read as follows:
(1) The department shall determine the ((return)) market share for
each manufacturer in the standard plan or an independent plan by
((dividing the weight of covered electronic products identified for
each manufacturer by the total weight of covered electronic products
identified for all manufacturers in the standard plan or an independent
plan, then multiplying the quotient by one hundred)) the following:
(a) All manufacturers must report the total weight of products sold
nationwide in the prior program year;
(b) The department totals all the weights from all the
manufacturers and that equals x; and
(c) The department then multiplies the manufacturers' total weight
of products sold nationwide by x and this equals the manufacturers'
market share calculation, which is a percentage.
(2) For the first program year, the department shall determine the
((return)) market share for such manufacturers using all reasonable
means and based on best available information regarding ((return))
market share data from other states and other pertinent data.
(3) For the second and each subsequent program year, the department
shall determine the ((return)) market share for such manufacturers
using all reasonable means ((and based on the most recent sampling of
covered electronic products conducted in the state under RCW
70.95N.110)) and publicly available data.
Sec. 8 RCW 70.95N.200 and 2006 c 183 s 20 are each amended to
read as follows:
(1) The department shall determine the total equivalent share for
each manufacturer in the standard plan or an independent plan by
dividing the ((return)) market share percentage for each manufacturer
by one hundred, then multiplying the quotient by the total weight in
pounds of covered electronic products collected in this state for that
program year, allowing as needed for the additional credit authorized
in subsection (3) of this section.
(2)(a) By June 1st of each program year, the department shall
notify each manufacturer of the manufacturer's equivalent share of
covered electronic products to be applied to the previous program year.
The department shall also notify each manufacturer of how its
equivalent share was determined.
(b) By June 1st of each program year, the department shall bill any
authorized party or authority that has not attained its plan's
equivalent share as determined under RCW 70.95N.220. The authorized
party or authority shall remit payment to the department within sixty
days from the billing date.
(c) By September 1st of each program year, the department shall pay
any authorized party or authority that exceeded its plan's equivalent
share.
(3) Plans that utilize the collection services of nonprofit
charitable organizations that qualify for a taxation exemption under
section 501(c)(3) of the internal revenue code of 1986 (26 U.S.C. Sec.
501(c)(3)) that are primarily engaged in the business of reuse and
resale must be given an additional five percent credit to be applied
toward a plan's equivalent share for pounds that are received for
recycling from those organizations. The department may adjust the
percentage of credit annually.
Sec. 9 RCW 70.95N.220 and 2006 c 183 s 22 are each amended to
read as follows:
(1) For an independent plan and the standard plan, if the total
weight in pounds of covered electronic products collected during a
program year is less than the plan's equivalent share of covered
electronic products for that year, then the authority or authorized
party shall submit to the department a payment equal to the weight in
pounds of the deficit multiplied by the reasonable collection,
transportation, and recycling cost for covered electronic products and
an administrative fee. Moneys collected by the department must be
deposited in the electronic products recycling account.
(2) For an independent plan and the standard plan, if the total
weight in pounds of covered electronic products collected during a
program year is more than the plan's equivalent share of covered
electronic products for that year, then the department shall submit to
the authority or authorized party, a payment equal to the weight in
pounds of the surplus multiplied by the reasonable collection,
transportation, and recycling cost for covered electronic products.
(3) For purposes of this section, the initial reasonable
collection, transportation, and recycling cost for covered electronic
products is ((forty-five)) twenty cents per pound and the
administrative fee is five cents per pound.
(4) The department may annually adjust the reasonable collection,
transportation, and recycling cost for covered electronic products and
the administrative fee described in this section. Prior to making any
changes in the fees described in this section, the department shall
notify the public, including all registered manufacturers, and provide
a comment period. The department shall notify all registered
manufacturers of any changes to the reasonable collection,
transportation, and recycling cost or the administrative fee by January
1st of the program year in which the change is to take place.
Sec. 10 RCW 70.95N.270 and 2006 c 183 s 28 are each amended to
read as follows:
(((1))) By December 31, 2012, the department shall provide a report
to the appropriate committees of the legislature that includes the
following information:
(((a))) (1) For each of the preceding program years, the weight of
covered electronic products recycled in the state by plan, by county,
and in total;
(((b))) (2) The performance of each plan in meeting its equivalent
share, and payments received from and disbursed to each plan from the
electronic products recycling account;
(((c))) (3) A description of the various collection programs used
to collect covered electronic products in the state;
(((d))) (4) An evaluation of how the pounds per capita recycled of
covered electronic products in the state compares to programs in other
states;
(((e))) (5) Comments received from local governments and local
communities regarding satisfaction with the program, including
accessibility and convenience of services provided by the plans;
(((f))) (6) Recommendations on how to improve the statewide
collection, transportation, and recycling system for convenient, safe,
and environmentally sound recycling of electronic products; and
(((g))) (7) An analysis of whether and in what amounts unwanted
electronic products and electronic components and electronic scrap
exported from Washington have been exported to countries that are not
members of the organization for economic cooperation and development or
the European union, and recommendations for addressing such exports.
(((2) By April 1, 2010, the department shall provide a report to
the appropriate committees of the legislature regarding the amount of
orphan products collected as a percent of the total amount of covered
electronic products collected. If the orphan products collected exceed
ten percent of the total amount of covered electronic products
collected, the department shall report to the appropriate committees of
the legislature within ninety days describing the orphan products
collected and include recommendations for decreasing the amount of
orphan products or alternative methods for financing the collection,
transportation, and recycling of orphan products.))
Sec. 11 RCW 70.95N.290 and 2008 c 79 s 1 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. Five board positions are
reserved for representatives of the top ten brand owners by ((return))
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 their own private label. The ((return)) 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 January 1, 2007.
(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 ((community, trade, and
economic development)) commerce and the department of ecology serve as
ex officio members. 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.
Sec. 12 RCW 70.95N.300 and 2006 c 183 s 31 are each amended to
read as follows:
(1) Manufacturers participating in the standard plan shall pay the
authority to cover all administrative and operational costs associated
with the collection, transportation, and recycling of covered
electronic products within the state of Washington incurred by the
standard program operated by the authority to meet the standard plan's
equivalent share obligation as described in RCW 70.95N.280(5).
(2) The authority shall assess charges on each manufacturer
participating in the standard plan and collect funds from each
participating manufacturer for the manufacturer's portion of the costs
in subsection (1) of this section. Such apportionment shall be based
on ((return share,)) market share((, any combination of return share
and market share, or any other equitable method)). The authority's
apportionment of costs to manufacturers participating in the standard
plan may not include nor be based on electronic products imported
through the state and subsequently exported outside the state. Charges
assessed under this section must not be formulated in such a way as to
create incentives to divert imported electronic products to ports or
distribution centers in other states. The authority shall adjust the
charges to manufacturers participating in the standard plan as
necessary in order to ensure that all costs associated with the
identified activities are covered.
(3) The authority may require financial assurances or performance
bonds for manufacturers participating in the standard plan, including
but not limited to new entrants and white box manufacturers, when
determining equitable methods for apportioning costs to ensure that the
long-term costs for collecting, transporting, and recycling of a
covered electronic product are borne by the appropriate manufacturer in
the event that the manufacturer ceases to participate in the program.
(4) Nothing in this section authorizes the authority to assess fees
or levy taxes directly on the sale or possession of electronic
products.
(5) If a manufacturer has not met its financial obligations as
determined by the authority under this section, the authority shall
notify the department that the manufacturer is no longer participating
in the standard plan.
(6) ((The authority shall submit its plan for assessing charges and
apportioning cost on manufacturers participating in the standard plan
to the department for review and approval along with the standard plan
as provided in RCW 70.95N.060.))(a) Any manufacturer participating in the standard plan may
appeal an assessment of charges or apportionment of costs levied by the
authority under this section by written petition to the director of the
department. The director of the department or the director's designee
shall review all appeals within timelines established by the department
and shall reverse any assessments of charges or apportionment of costs
if the director finds that the authority's assessments or apportionment
of costs was an arbitrary administrative decision, an abuse of
administrative discretion, or is not an equitable assessment or
apportionment of costs. The director shall make a fair and impartial
decision based on sound data. If the director of the department
reverses an assessment of charges, the authority must redetermine the
assessment or apportionment of costs.
(7)
(b) Disputes regarding a final decision made by the director or
director's designee may be challenged through arbitration. The
director shall appoint one member to serve on the arbitration panel and
the challenging party shall appoint one other. These two persons shall
choose a third person to serve. If the two persons cannot agree on a
third person, the presiding judge of the Thurston county superior court
shall choose a third person. The decision of the arbitration panel
shall be final and binding, subject to review by the superior court
solely upon the question of whether the decision of the panel was
arbitrary or capricious.
NEW SECTION. Sec. 13 The following acts or parts of acts are
each repealed:
(1) RCW 70.95N.100 (Successor duties) and 2006 c 183 s 10; and
(2) RCW 70.95N.110 (Covered electronic sampling) and 2006 c 183 s
11.