Section 6031.305 - Manufacturer plan and reporting(a) Collection, transportation and recycling plan.--(1) A manufacturer shall establish, conduct and manage a plan to collect, transport and recycle a quantity of covered devices equal to the manufacturer's market share. The plan shall be submitted to the department for review.(2) A group of manufacturers may submit a joint plan to collect, transport and recycle the manufacturer's market share.(b) Contents of plan.--The plan required under subsection (a) shall include: (1) Methods that will be used to collect the covered devices, including the name and locations of proposed collection sites.(2) The processes that will be used to recycle, including a description of the recycling processes that will be used and the names and locations of recyclers to be directly utilized by the plan.(3) Means that will be utilized to publicize the collection opportunities, including specification of an Internet website address or toll-free telephone number that provides information about the manufacturer's program in sufficient detail to allow consumers to learn how to return their covered devices for recycling.(4) The intention of the manufacturer or each manufacturer to fulfill its obligated share under this act, through operation of its own program, either individually or with other manufacturers as a group.(5) A listing of all collection sites for covered devices.(6) For an initial plan submitted by a manufacturer or group of manufacturers, an estimate of the weight of covered devices to be collected during the first program year. The plan shall also include information demonstrating the process by which the manufacturer or group of manufacturers will increase the collection of covered devices by a minimum of 2% by weight per year beginning with the second full program year.(c) Reporting by manufacturers.--(1)(i) In addition to reporting all brands under which its covered devices are offered for sale, regardless of whether the manufacturer owns or licenses the brand, the manufacturer's annual report to the department shall include an estimate of the total weight of its covered devices sold to households during the previous year calculated by multiplying the weight of its covered devices sold nationally times the quotient of this Commonwealth's population divided by the national population.(ii) The report required under this paragraph shall be submitted to the department upon initial registration and then by January 30 each year thereafter.(2) When a manufacturer or group of manufacturers conducts its own collection, transportation and recycling program for covered devices, the manufacturer or group of manufacturers shall submit a report to the department annually by January 30, beginning the year after the program is initiated. The report shall consist of the total weight of covered devices collected from consumers in this Commonwealth by the manufacturer or group of manufacturers during the previous year and documentation verifying collection and recycling of the devices.(d) Sales data.--National sales data submitted by a manufacturer to the department to fulfill its obligations under this act shall be exempt from disclosure under the provisions of the act of February 14, 2008 (P.L. 6, No. 3) , known as the Right-to-Know Law, and shall not be disclosed by the department unless otherwise required by law or court order.(e) Approval of plan.--(1) The department shall review a plan submitted to it under subsection (a) and, within 60 days of receipt of the plan, determine whether the plan complies with the provisions of this act.(2) If the department approves the plan, the department shall notify the manufacturer or group of manufacturers. If the department rejects the plan, in whole or in part, the department shall notify the manufacturer or group of manufacturers and provide the reasons for the plan's rejection. Rejection of a plan shall be based on the plan's failure to provide the information required by subsection (b).(3) Within 30 days after receipt of the department's rejection, the manufacturer or group of manufacturers may revise and resubmit the plan to the department for approval.(f) Effect of failure to comply with approved plan.--(1)(i) If the total weight in pounds of covered devices collected, transported and recycled during a program year by a manufacturer or group of manufacturers is less than the sum of the obligated shares in weight for that program year of each manufacturer participating in the plan, the manufacturer or group of manufacturers shall submit to the department by March 15 of the following program year a payment to cover the cost of collecting, transporting and recycling the unmet portion of the sum of the obligated shares in weight.(ii) The payment shall be equal to the quantity of the unmet portion, in pounds, plus an additional 10% of such quantity, multiplied by the cost per pound for collection, transportation and recycling of covered devices.(iii) All payments collected under subparagraph (ii) shall be deposited into the Electronic Materials Recycling Account and shall be used to fund the activities under this act.(2) The department shall:(i) Determine the average cost for collection and transportation of covered devices to be used in calculating the penalties under this paragraph.(ii) No more frequently than annually and no less frequently than biennially, review these costs and shall publish for public comment any proposed changes to these costs.(g) Multiple manufacturers.--(1) Where more than one person may be deemed the manufacturer of a brand of a covered device, any one or more such persons may assume responsibility for and satisfy the obligations of a manufacturer under this act with respect to covered devices bearing that brand.(2) In the event that no person assumes responsibility for and satisfies the obligations of a manufacturer under this act with respect to covered devices bearing that brand, for purposes of compliance with these provisions, the responsible party shall be the person who satisfies paragraph (1) of the definition of manufacturer.(h) Construction.--Nothing in this act shall be construed to exempt any person from liability that person would otherwise have under applicable law.2010, Nov. 23, P.L. 1083, No. 108, §305, effective in 60 days [ 1/24/2011].