GS_130A-309.130-142

Part 2H. Discarded Computer Equipment and Television Management.
§ 130A-309.130. Findings.
The General
Assembly makes the following findings:
(1)
The computer equipment and television waste stream is growing rapidly in
volume and complexity and can introduce toxic materials into solid waste
landfills.
(2)
It is in the best interest of the citizens of this State to have convenient,
simple, and free access to recycling services for discarded computer
equipment and televisions.
(3)
Collection programs operated by manufacturers and local government and
nonprofit agencies are an efficient way to divert discarded computer
equipment and televisions from disposal and to provide recycling services to
all citizens of this State.
(4)
The development of local and nonprofit collection programs is hindered by
the high costs of recycling and transporting discarded computer equipment
and televisions.
(5)
No comprehensive system currently exists, provided either by electronics
manufacturers, retailers, or others, to adequately serve all citizens of the
State and to divert large quantities of discarded computer equipment and
televisions from disposal.
(6)
Manufacturer responsibility is an effective way to ensure that manufacturers
of computer equipment and televisions take part in a solution to the
electronic waste problem.
(7)
The recycling of certain discarded computer equipment and televisions
recovers valuable materials for reuse and will create jobs and expand the tax
base of the State.
(8)
While some computers and computer monitors can be refurbished and
reused and other consumer electronics products contain valuable materials,
some older and bulkier consumer electronic products, including some
televisions, may not contain any valuable products but should nevertheless
be recycled to prevent the release of toxic substances to the environment.
(9)
For the products covered by this Part, differences in product life expectancy,
market economics, residual value, and product portability necessitate
different approaches to recycling.
(10)
In order to ensure that end -of -life computer equipment and televisions are
responsibly recycled, to promote conservation, and to protect public health
and the environment, a comprehensive and convenient system for recycling
and reuse of certain electronic equipment should be established on the basis
of shared responsibility among manufacturers, retailers, consumers, and the
State. (2010-67, s. 2(a).)
G.S. 130A-309.130 Page 1

§ 130A-309.131.
Definitions.
As used in this
Part, the following definitions apply:
(1)
Business entity. — Defined in G.S. 55-1-40(2a).
(la) Computer. — An electronic, magnetic, optical, electrochemical, or other high-
speed data processing device that has all of the following features:
a. Performs logical, arithmetic, and storage functions for general
purpose needs that are met through interaction with a number of
software programs contained in the computer.
b. Is not designed to exclusively perform a specific type of limited or
specialized application.
C. Achieves human interface through a keyboard, display unit, and
mouse or other pointing device.
d Is designed for a single user.
(2)
Computer equipment. — Any computer, monitor or video display unit for a
computer system, and the peripheral equipment except keyboards and mice,
and a printing device such as a printer, a scanner, a combination print -
scanner -fax machine, or other device designed to produce hard paper copies
from a computer. Computer equipment does not include an automated
typewriter, professional workstation, server, ICI device, ICI system, mobile
telephone, portable handheld calculator, portable digital assistant (PDA),
MP3 player, or other similar device; an automobile; a television; a household
appliance; a large piece of commercial or industrial equipment, such as
commercial medical equipment, that contains a cathode ray tube, a cathode
ray tube device, a flat panel display, or similar video display device that is
contained within, and is not separate from, the larger piece of equipment, or
other medical devices as that term is defined under the federal Food, Drug,
and Cosmetic Act.
(3)
Computer equipment manufacturer. — A person that manufactures or has
manufactured computer equipment sold under its own brand or label; sells or
has sold under its own brand or label computer equipment produced by other
suppliers; imports or has imported into the United States computer
equipment that was manufactured outside of the United States; or owns or
has owned a brand that it licenses or has licensed to another person for use
on computer equipment. Computer equipment manufacturer includes a
business entity that acquires another business entity that manufactures or has
manufactured computer equipment. Computer equipment manufacturer does
not include any existing person that does not and has not manufactured
computer equipment of the type that would be used by consumers.
(4)
Consumer. — Any of the following:
a. An occupant of a single detached dwelling unit or a single unit
contained within a multiple dwelling unit who used a covered device
primarily for personal or home business use.
b. A nonprofit organization with fewer than 10 employees that used a
covered device in its operations.
(5)
Covered device. — Computer equipment and televisions used by consumers
primarily for personal or home business use. The term does not include a
device that is any of the following:
a. Part of a motor vehicle or any component of a motor vehicle
assembled by, or for, a vehicle manufacturer or franchised dealer,
including replacement parts for use in a motor vehicle.
G.S. 130A-309.131 Page 1

b. Physically a part of or integrated within a larger piece of equipment
designed and intended for use in an industrial, governmental,
commercial, research and development, or medical setting.
C. Equipment used for diagnostic, monitoring, or other medical
products as that term is defined under the federal Food, Drug, and
Cosmetic Act.
d. Equipment used for security, sensing, monitoring, antiterrorism
purposes, or emergency services purposes.
e. Contained within a household appliance, including, but not limited
to, a clothes washer, clothes dryer, refrigerator, refrigerator and
freezer, microwave oven, conventional oven or range, dishwasher,
room air conditioner, dehumidifier, air purifier, or exercise
equipment.
(6) Recodified to subdivision (1 a).
(7) Discarded computer equipment. — Computer equipment that is solid waste
generated by a consumer.
(8) Discarded computer equipment or television collector. — A municipal or
county government, nonprofit agency, recycler, or retailer that knowingly
accepts for recycling discarded computer equipment or a television from a
consumer.
(9) Discarded television. — A television that is solid waste generated by a
consumer.
(9a) Electronic device. — Machinery that is powered by a battery or an electrical
cord.
(10) Market share. — A television manufacturer's obligation to recycle discarded
televisions. A television manufacturer's market share is the television
manufacturer's prior year's sales of televisions as calculated by the
Department pursuant to G.S. 130A-309.138(4) divided by all manufacturers'
prior year's sales for all televisions as calculated by the Department pursuant
to G.S. 130A-309.138(4). Market share may be expressed as a percentage, a
fraction, or a decimal fraction.
(11) Repealed by Session Laws 2015-1, s. 2(d), effective March 16, 2015.
(12) Recover. — The process of reusing or recycling covered devices.
(13) Recycle. — The processing, including disassembling, dismantling, and
shredding, of covered devices or their components to recover a usable
product. Recycle does not include any process that results in the incineration
of a covered device.
(14) Recycler. — A person that recycles covered devices.
(15) Retailer. — A person that sells computer equipment or televisions in the State
to a consumer. Retailer includes a computer equipment manufacturer or a
television manufacturer that sells directly to a consumer through any means,
including transactions conducted through sales outlets, catalogs, the Internet,
or any similar electronic means, but does not include a person that sells
computer equipment or televisions to a distributor or retailer through a
wholesale transaction.
(16) Television. — Any electronic device that contains a tuner that locks on to a
selected carrier frequency and is capable of receiving and displaying of
television or video programming via broadcast, cable, or satellite, including,
without limitation, any direct view or projection television with a viewable
screen of nine inches or larger whose display technology is based on cathode
G.S. 130A-309.131 Page 2

ray tube (CRT), plasma, liquid crystal display (LCD), digital light
processing (DLP), liquid crystal on silicon (LCOS), silicon crystal reflective
display (SXRD), light emitting diode (LED), or similar technology marketed
and intended for use by a consumer primarily for personal purposes. The
term does not include computer equipment.
(17) Television manufacturer. — A person that: (i) manufactures for sale in this
State a television under a brand that it licenses or owns; (ii) manufactures for
sale in this State a television without affixing a brand; (iii) resells into this
State a television under a brand it owns or licenses produced by other
suppliers, including retail establishments that sell a television under a brand
that the retailer owns or licenses; (iv) imports into the United States or
exports from the United States a television for sale in this State; (v) sells at
retail a television acquired from an importer that is the manufacturer as
described in sub -subdivision (iv) of this subdivision, and the retailer elects to
register in lieu of the importer as the manufacturer of those products; (vi)
manufactures a television for or supplies a television to any person within a
distribution network that includes wholesalers or retailers in this State and
that benefits from the sale in this State of the television through the
distribution network; or (vii) assumes the responsibilities and obligations of
a television manufacturer under this Part. In the event the television
manufacturer is one that manufactures, sells, or resells under a brand it
licenses, the licensor or brand owner of the brand shall not be considered to
be a television manufacturer under (i) or (iii) of this subdivision. (2010-67,
s. 2(a); 2010-180, s. 20; 2015-1, s. 2(d).)
G.S. 130A-309.131 Page 3

§ 130A-309.132. Responsibility for recycling discarded computer equipment and
televisions.
In addition to the specific requirements of this Part, discarded computer equipment and
television collectors and computer equipment manufacturers and television manufacturers share
responsibility for the recycling of discarded computer equipment and televisions and the
education of citizens of the State as to recycling opportunities for discarded computer
equipment and televisions. (2010-67, s. 2(a).)
G.S. 130A-309.132 Page 1

§ 130A-309.133. Data security.
Computer equipment manufacturers, television manufacturers, discarded computer
equipment and television collectors, recyclers, and retailers shall not be liable in any way for
data or other information left on a covered device that is collected or recovered pursuant to the
provisions of this Part. (2010-67, s. 2(a).)
G.S. 130A-309.133 Page 1

§ 130A-309.134. (See editor's note for first report due date) Requirements for computer
equipment manufacturers.
(a) Registration Required. — Each computer equipment manufacturer, before selling or
offering for sale computer equipment in North Carolina, shall register with the Department.
(b) Manufacturer Label Required. — A computer equipment manufacturer shall not sell
or offer to sell computer equipment in this State unless a visible, permanent label clearly
identifying the manufacturer of that equipment is affixed to the equipment.
(c) Computer Equipment Recycling Plan Required. — Each computer equipment
manufacturer shall develop, submit to the Department, and implement one of the following
plans to provide a free and reasonably convenient recycling program to take responsibility for
computer equipment discarded by consumers:
(1) Level I recycling plan. — A computer equipment manufacturer shall submit a
recycling plan for reuse or recycling of computer equipment discarded by
consumers in the State produced by the manufacturer. The manufacturer
shall submit a proposed plan to the Department within 90 days of
registration as required by subsection (a) of this section. The plan shall:
a Provide that the manufacturer will take responsibility for computer
equipment discarded by consumers that it manufactured.
b. Describe any direct take -back program to be implemented by the
manufacturer. Collection methods that are deemed to meet the
requirements of this subdivision include one or more of the
following:
1. A process offered by the computer equipment manufacturer
or the manufacturer's designee for consumers to return
discarded computer equipment by mail.
2 A physical collection site operated and maintained by the
computer equipment manufacturer or the manufacturer's
designee to receive discarded computer equipment from
consumers, which is available to consumers during normal
business hours.
3. A collection event hosted by the computer equipment
manufacturer or the manufacturer's designee at which a
consumer may return computer equipment.
C. Include a detailed description as to how the manufacturer will
implement the plan.
d Provide for environmentally sound management practices to
transport and recycle discarded computer equipment.
e. Include a consumer recycling education program on the laws
governing the recycling and reuse of discarded computer equipment
under this Part and on the methods available to consumers to comply
with those requirements. The manufacturer shall operate a toll -free
telephone number to answer questions from consumers about
computer recycling options.
(2) Level II recycling plan. — A computer equipment manufacturer shall submit
a recycling plan for reuse or recycling of computer equipment discarded by
consumers in the State produced by the manufacturer and by other
manufacturers. The manufacturer shall submit a proposed plan to the
Department within 90 days of registration as required by subsection (a) of
this section. The plan may offer additional options to collect other types of
G.S. 130A-309.134 Page 1

electronic equipment that do not constitute discarded computer equipment,
as that term is defined under G.S. 130A-309.131, and may allow for
assessment of a nominal fee for collection of these other types of electronic
equipment that are not discarded computer equipment. The plan shall
include all of the elements set forth in subdivision (1) of subsection (c) of
this section. In addition the plan shall:
a Provide that the manufacturer will take responsibility for computer
equipment discarded by consumers that was manufactured by other
manufacturers, as well as computer equipment that it manufactured.
b. Provide that the manufacturer shall: (i) maintain physical collection
sites to receive discarded computer equipment from consumers in the
10 most populated municipalities in the State. The physical collection
sites shall be available to consumers during normal business hours, at
a minimum; and (ii) host at least two collection events annually
within the State.
(3) Level III recycling plan. — A computer equipment manufacturer shall submit
a recycling plan for reuse or recycling of computer equipment discarded by
consumers in the State produced by the manufacturer and by other
manufacturers. The manufacturer shall submit a proposed plan to the
Department within 90 days of registration as required by subsection (a) of
this section. The plan may offer additional options to collect other types of
electronic equipment that do not constitute discarded computer equipment,
as that term is defined under G.S. 130A-309.131, and may allow for
assessment of a nominal fee for collection of these other types of electronic
equipment that are not discarded computer equipment. The plan shall
include all of the elements set forth in subdivision (1) of subsection (c) of
this section. In addition the plan shall:
a Provide that the manufacturer will take responsibility for computer
equipment discarded by consumers that was manufactured by other
manufacturers, as well as computer equipment that it manufactured.
b. Provide that the manufacturer shall: (i) maintain physical collection
sites to receive discarded computer equipment from consumers in 50
of the State's counties, of which 10 of those counties shall be the
most populated counties in the State. The physical collection sites
shall be available to consumers during normal business hours, at a
minimum; and (ii) host at least two collection events annually within
the State.
(d) Fee Required. — Within 90 days of registration as required in subsection (a) of this
section, a computer equipment manufacturer shall pay an initial registration fee to the
Department. A computer equipment manufacturer that has registered shall pay an annual
renewal registration fee to the Department, which shall be paid each year no later than July 1.
The proceeds of these fees shall be credited to the Electronics Management Fund established
pursuant to G.S. 130A-309.137. A computer equipment manufacturer that sells 1,000 items of
computer equipment or fewer per year is exempt from the requirement to pay the registration
fee and the annual renewal fee imposed by this subsection. The amount of the fee a computer
equipment manufacturer shall pay shall be determined on the basis of the plan the manufacturer
develops, submits, and implements pursuant to subsection (c) of this section, as follows:
(1) A computer equipment manufacturer who develops, submits, and
implements a Level I recycling plan pursuant to subdivision (1) of
G.S. 130A-309.134 Page 2

subsection (c) of this section shall pay an initial registration fee of fifteen
thousand dollars ($15,000) and an annual renewal fee of fifteen thousand
dollars ($15,000) to the Department.
(2) A computer equipment manufacturer who develops, submits, and
implements a Level II recycling plan pursuant to subdivision (2) of
subsection (c) of this section shall pay an initial registration fee of ten
thousand dollars ($10,000) and an annual renewal fee of seven thousand five
hundred dollars ($7,500) to the Department.
(3) A computer equipment manufacturer who develops, submits, and
implements a Level III recycling plan pursuant to subdivision (3) of
subsection (c) of this section shall pay an initial registration fee of ten
thousand dollars ($10,000) and an annual renewal fee of two thousand five
hundred dollars ($2,500) to the Department.
(e) Computer Equipment Recycling Plan Revision. — A computer equipment
manufacturer may prepare a revised plan and submit it to the Department at any time as the
manufacturer considers appropriate in response to changed circumstances or needs. The
Department may require a manufacturer to revise or update a plan if the Department finds that
the plan is inadequate or out of date.
(fl Payment of Costs for Plan Implementation. — Each computer equipment
manufacturer is responsible for all costs associated with the development and implementation
of its plan. A computer equipment manufacturer shall not collect a fee from a consumer or a
local government for the management of discarded computer equipment at the time the
equipment is delivered for recycling.
(g) Joint Computer Equipment Recycling Plans. — A computer equipment manufacturer
may fulfill the requirements of subsection (c) of this section by participation in a joint recycling
plan with other manufacturers. A joint plan shall meet the requirements of subsection (c) of this
section.
(h) Annual Report. — Each computer equipment manufacturer shall submit a report to
the Department by October 1 of each year stating the total weight of all computer equipment
collected for recycling or reuse in the previous fiscal year. The report shall also include a
summary of actions taken to comply with the requirements of subsection (c) of this section.
(2010-67, s. 2(a).)
G.S. 130A-309.134 Page 3

§ 130A-309.135. Requirements for television manufacturers.
(a) Registration and Fee Required. — Each television manufacturer, before selling or
offering for sale televisions in the State, shall register with the Department and, at the time of
registration, shall pay an initial registration fee of two thousand five hundred dollars ($2,500) to
the Department. An initial registration shall be valid from the day of registration through the
last day of the fiscal year in which the registration fee was paid. A television manufacturer that
has registered shall pay an annual renewal registration fee of two thousand five hundred dollars
($2,500) to the Department. The annual renewal registration fee shall be paid to the Department
each fiscal year no later than June 30 of the previous fiscal year. The proceeds of these fees
shall be credited to the Electronics Management Fund. A television manufacturer that sells
1,000 televisions or fewer per year is exempt from the requirement to pay the registration fee
and the annual renewal fee imposed by this subsection.
(b) Manufacturer Label Required. — A television manufacturer shall not sell or offer to
sell any television in this State unless a visible, permanent label clearly identifying the
manufacturer of that device is affixed to the equipment.
(c) Recycling of Market Share Required. — The obligation to recycle televisions shall be
allocated to each television manufacturer based on the television manufacturer's market share.
A television manufacturer must annually recycle or arrange for the recycling of its market share
of televisions pursuant to this section.
(c) Due Diligence and Compliance Assessments. — A television manufacturer shall
conduct and document due diligence assessments of the recyclers the manufacturer contracts
with, including an assessment of compliance with environmentally sound recovery standards
adopted by the Department.
(e) Contact Information Required. — A television manufacturer shall provide the
Department with contact information for the manufacturer's designated agent or employee
whom the Department may contact for information related to the manufacturer's compliance
with the requirements of this section.
(t} Joint Television Recycling Plans. — A television manufacturer may fulfill the
requirements of this section either individually or in participation with other television
manufacturers.
(g) Annual Report. — A television manufacturer shall report to the Department by
October 1 of each year the total weight of televisions the manufacturer collected and recycled
in the State during the previous fiscal year. (2010-67, s. 2(a).)
G.S. 130A-309.135 Page 1

§ 130A-309.136. Requirements applicable to retailers.
(a) A manufacturer must not sell or offer for sale or deliver to retailers for subsequent
sale new computer equipment or televisions unless: (i) the covered device is labeled with the
manufacturer's brand, which label is permanently affixed and readily visible; and (ii) the
manufacturer has filed a registration with the Department and is otherwise in compliance with
the requirements of this Part, as indicated on the list developed and maintained by the
Department pursuant to G.S. 130A-309.138(l).
(b) A retailer that sells or offers for sale new computer equipment or televisions must:
(i) determine that all new covered devices that the retailer is offering for sale are labeled with
the manufacturer's brand, which label is permanently affixed and readily visible; and (ii) review
the Department's Web site to confirm that the manufacturer of a new covered device is on the
list developed and maintained by the Department pursuant to G.S. 130A-309.138(l).
(c) A retailer is not responsible for an unlawful sale under this section if the
manufacturer's registration expired or was revoked and the retailer took possession of the
covered device prior to the expiration or revocation of the manufacturer's registration and the
unlawful sale occurred within six months after the expiration or revocation. (2010-67, s. 2(a).)
G.S. 130A-309.136 Page 1

§ 130A-309.137. (See editor's note) Electronics Management Fund.
(a) Creation. — The Electronics Management Fund is created as a special fund within
the Department. The Fund consists of revenue credited to the Fund from the proceeds of the fee
imposed on computer equipment manufacturers under G.S. 130A-309.134 and television
manufacturers under G.S. 130A-309.135.
(b) Use and Distribution. — Moneys in the Fund shall be used by the Department to
implement the provisions of this Part concerning discarded computer equipment and
televisions. The Department may use all of the proceeds of the fee imposed on television
manufacturers pursuant to G.S. 130A-309.135 and may use up to ten percent (10%) of the
proceeds of the fee imposed on computer equipment manufacturers under G.S. 130A-309.134
for administration of the requirements of this Part. Funds remaining shall be distributed
annually by the Department to eligible local governments pursuant to this section. The
Department shall distribute such funds on or before February 15 of each year. Funds shall be
distributed on a pro rata basis.
(c) Eligibility. — Except as provided in subsection (d) of this section, no more than one
unit of local government per county, including the county itself, may receive funding pursuant
to this section for a program to manage discarded computer equipment, televisions, and other
electronic devices. A unit of local government shall submit a plan to include:
(1) Information on existing programs within the jurisdiction to recycle or reuse
discarded computer equipment, televisions, and other electronic devices, or
information on a plan to begin such a program on a date certain. This
information shall include a description of the implemented or planned
practices for collection of the equipment and a description of the types of
equipment to be collected and how the equipment will be marketed for
recycling.
(2) Information on a public awareness and education program concerning the
recycling and reuse of discarded computer equipment, televisions, and other
electronic devices.
(3) Information on methods to track and report total tonnage of computer
equipment, televisions, and other electronic devices collected and recycled
in the jurisdiction.
(4) Information on interactions with other units of local government to provide
or receive services concerning disposal of discarded computer equipment,
televisions, and other electronic devices.
(5) Information on how the unit of local government will account for the
expenditure of funds received pursuant to this section.
(6) Proof of contract or agreement with a recycler that is certified as adhering to
Responsible Recycling ("R2") practices or that is certified as an e-Steward
recycler adhering to the e-Stewards Standard for Responsible Recycling and
Reuse of Electronic Equipment/rs to process the discarded computer
equipment, televisions, and other electronic devices that the unit of local
government collects.
(cl) Submittal of Information for Distribution of Funding. — Documentation meeting the
requirements of subdivision (6) of subsection (c) of this section, and other information required
by subsection (c) of this section, including new plans or revisions to plans as necessary, must
be submitted annually on or before December 31 in order to be eligible for funding during the
next distribution by the Department.
(d) Local Government Designation. — If more than one unit of local government in a
county, including the county itself, requests funding pursuant to this section, the units of local
G.S. 130A-309.137 Page 1

government in question may enter into interlocal agreements for provision of services
concerning disposal of discarded computer equipment and televisions, and distribution of funds
received pursuant to this section among the parties to the agreement. If the units of local
government do not enter into an interlocal agreement regarding funding under this section, the
Department shall distribute funds to the eligible local governments based on the percentage of
the county's population to be served under each eligible local government's program.
(e) Report. — Information regarding permanent recycling programs for discarded
computer equipment and televisions for which funds are received pursuant to this section, and
information on operative interlocal agreements executed in conjunction with funds received, if
any, shall be included in the annual report required under G.S. 130A-309.09A. (2010-67, s.
2(a); 2013-409, s. 7.)
G.S. 130A-309.137 Page 2

§ 130A-309.138. Responsibilities of the Department.
In addition to its other responsibilities under this Part, the Department shall:
(1) Develop and maintain a current list of manufacturers that are in compliance
with the requirements of G.S. 130A-309.134 and G.S. 130A-309.135, post
the list to the Department's Web site, and provide the current list to the
Department of Information Technology each time that the list is updated.
(2) Develop and implement a public education program on the laws governing
the recycling and reuse of discarded computer equipment and televisions
under this Part and on the methods available to consumers to comply with
those requirements. The Department shall make this information available
on the Internet and shall provide technical assistance to manufacturers to
meet the requirements of G.S. 130A-309.134(c)(1)e. The Department shall
also provide technical assistance to units of local government on the
establishment and operation of discarded computer equipment and television
collection centers and in the development and implementation of local public
education programs.
(3) Maintain the confidentiality of any information that is required to be
submitted by a manufacturer under this Part that is designated as a trade
secret, as defined in G.S. 66-152(3) and that is designated as confidential or
as a trade secret under G.S. 132-1.2.
(4) The Department shall use national televisions sales data available from
commercially available analytical sources to calculate the generation of
discarded televisions and to determine each television manufacturer's
recovery responsibilities for televisions based on the manufacturer's market
share. The Department shall extrapolate data for the State from national data
on the basis of the State's share of the national population. (2010-67, s. 2(a);
2015-241, s. 7A.4(1).)
G.S. 130A-309.138 Page 1

§ 130A-309.139. Enforcement.
This Part may be enforced as provided by Part 2 of Article 1 of this Chapter. (2010-67, s.
2(a).)
G.S. 130A-309.139 Page 1

§ 130A-309.140. Annual report by Department of recycling under this Part; periodic
report by Environmental Review Commission of electronic recycling programs
in other states.
(a) The Department shall include in the status of solid waste management report
required to be submitted on or before January 15 of each year pursuant to G.S. 130A-309.06(c)
a report on the recycling of discarded computer equipment and televisions in the State under
this Part. The report must include an evaluation of the recycling rates in the State for discarded
computer equipment and televisions, a discussion of compliance and enforcement related to the
requirements of this Part, and any recommendations for any changes to the system of collection
and recycling of discarded computer equipment, televisions, or other electronic devices.
(b) The Environmental Review Commission, with the assistance of the Department of
Environmental Quality, shall monitor and review electronic recycling programs in other states
on an ongoing basis and shall report its findings and recommendations to the General Assembly
periodically. (2010-67, ss. 2(a), 7; 2015-241, s. 14.30(u); 2017-10, s. 4.14(b).)
G.S. 130A-309.140 Page 1

§ 130A-309.141. Local government authority not preempted.
Nothing in this Part shall be construed as limiting the authority of any local government to
manage computer equipment and televisions that are solid waste. (2010-67, s. 2(a).)
G.S. 130A-309.141 Page 1

§ 130A-309.142. Registration of facilities recovering or recycling electronics required.
Facilities that recover or recycle covered devices or other electronic devices diverted from
the waste stream for transfer, treatment, or processing shall register annually with the
Department on or before August 1 of each year upon such form as the Department may
prescribe. (2015-1, s. 2(e).)
G.S. 130A-309.142 Page 1