§ 130A-309.93. (For effective dates, see note) Requirements for computer manufacturers. - North Carolina Statutes

§ 130A‑309.93.  (Foreffective dates, see note) Requirements for computer manufacturers.

(a)        Registration andFee Required. – Each manufacturer of computer equipment, before selling oroffering for sale computer equipment in North Carolina, shall register with theDepartment and, at the time of registration, shall pay an initial registrationfee of ten thousand dollars ($10,000) to the Department. A computer equipmentmanufacturer that has registered shall pay an annual renewal registration feeof one thousand dollars ($1,000) to the Department. The annual renewalregistration fee shall be paid each year no later than the first day of themonth in which the initial registration fee was paid. The proceeds of thesefees shall be credited to the Computer Equipment Management Account. Amanufacturer of computer equipment that sells 1,000 items of computer equipmentor less per year is exempt from the requirement to pay the registration fee andthe annual renewal fee imposed by this subsection.

(b)        Manufacturer LabelRequired. – A manufacturer shall not sell or offer to sell computer equipmentin this State unless a visible, permanent label clearly identifying themanufacturer of that device is affixed to the equipment.

(c)        Computer EquipmentRecycling Plan. – Each manufacturer of computer equipment shall develop andsubmit to the Department a plan for reuse or recycling of discarded computerequipment in the State produced by the manufacturer. The manufacturer shallsubmit a proposed plan to the Department within 120 days of registration asrequired by subsection (a) of this section. The plan shall:

(1)        Describe any directtake‑back program to be implemented by the manufacturer, including mail‑backprograms and collection events.

(2)        Provide that themanufacturer will take responsibility for discarded computer equipment itmanufactured.

(3)        Include a detaileddescription as to how the manufacturer will implement and finance the plan.

(4)        Provide forenvironmentally sound management practices to transport and recycle discardedcomputer equipment.

(5)        Describe theperformance measures that will be used by the manufacturer to document recoveryand recycling rates for discarded computer equipment. The calculation ofrecycling rates shall include the amount of discarded computer equipmentmanaged under the manufacturer's program divided by the amount of computerequipment sold by the manufacturer in North Carolina.

(6)        Describe in detailhow the manufacturer will provide for transportation of discarded computerequipment at no cost from discarded computer equipment collectors.

(7)        Describe in detailhow the manufacturer will fully cover the costs of processing discardedcomputer equipment received from discarded computer equipment collectors.

(8)        Include a publiceducation plan on the laws governing the recycling and reuse of discardedcomputer equipment under this Part and on the methods available to consumers tocomply with those requirements.

(d)        Computer EquipmentRecycling Plan Revision. – A manufacturer may prepare a revised plan and submitit to the Department at any time as the manufacturer considers appropriate inresponse to changed circumstances or needs. The Department may require amanufacturer to revise or update a plan if the Department finds that the planis inadequate or out‑of‑date.

(e)        Payment of Costsfor Plan Implementation. – Each manufacturer is responsible for all costsassociated with the development and implementation of its plan. A manufacturershall not collect a charge for the management of discarded computer equipmentat the time the equipment is discarded.

(f)         Joint ComputerEquipment Recycling Plans. – A manufacturer may fulfill the requirements ofthis section by participation in a joint recycling plan with othermanufacturers. A joint plan shall meet the requirements of subsection (c) ofthis section.

(g)        Annual Report. – Eachmanufacturer shall submit a report to the Department by 1 February of each yearthat includes all of the following for the previous calendar year:

(1)        A description of thecollection and recycling services used to recover the manufacturer's products.

(2)        The quantity andtype of computer equipment sold by the manufacturer to retail consumers in thisState.

(3)        The quantity andtype of discarded computer equipment collected by the manufacturer for recoveryin this State for the preceding calendar year.

(4)        Any otherinformation requested by the Department.  (2007‑550, s. 16.1(a); 2008‑198, s. 11.4;2008‑208, ss. 1, 7; 2009‑484, s. 16(a), (b); 2009‑550, s.10(a), (b).)