HB 1499 -- Recycling of Computer Equipment

Sponsor:  Cooper (120)

This bill establishes the Manufacturer Responsibility and
Consumer Convenience Computer Equipment Collection and Recovery
Act which requires manufacturers of specified computer equipment
to implement a recovery plan that will enable customers to
recycle computer equipment for free and in a convenient manner.
Manufacturers will also be liable for the sale of all computer
equipment bearing their brand label and must submit a recovery
plan to the Department of Natural Resources for approval.  Types
of legitimate collection and recycling practices are specified in
the bill.  Manufacturers must submit a report to the department
by January 31 of each year including the weight of the equipment
collected, recycled, and reused in the preceding year and
documentation that the recycling was conducted in compliance with
sound environmental management.  The existing exemption for
financial and proprietary information from disclosure as a public
record is specified in the bill.  Manufacturers must clearly
label their computer equipment and provide customers with certain
information about the appropriate recovery program.
Manufacturers will post information about the recovery program on
public Internet sites, and the department will provide an
Internet site containing information about the recovery programs.
The department may conduct audits to ensure compliance.  There
will be no fine for a first violation, a maximum penalty of
$10,000 for a second violation, and a maximum penalty of $25,000
for subsequent violations.  Penalty revenue will be deposited
into the newly created Computer Recycling Subaccount to be used
solely for the administration of the computer recovery program.

Retailers of computer equipment must sell computers from
manufacturers who meet the recovery program requirements of the
bill.  Verification may be achieved through the Internet.
Retailers are not otherwise liable for the recovery of computer
equipment and are not subject to a specified monetary penalty for
noncompliance.  However, they must bring their inventory into
compliance within 60 days of receipt of a warning notice from the
department.

The department will issue reports on the implementation of the
recovery programs to the appropriate committees of the General
Assembly by March 1 of each year.  The department must promulgate
rules and regulations to implement the provisions of the bill by
July 1, 2009.  If federal law establishes a national program for
the collection and recycling of computer equipment, the
department may adopt an agency statement that interprets the
federal law as preemptive over the state statutes.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:10 pm