(A) No television manufacturer or computer monitor manufacturer shall sell or offer for sale a covered television device or covered computer monitor device in this State unless the television manufacturer or computer monitor manufacturer provides a recovery program at no charge or provides a financial incentive of equal or greater value, such as a coupon.

(B)(1) For the program year 2014, which begins January 1, 2014, a television manufacturer or computer monitor manufacturer shall recycle or arrange for the recycling of its market share of covered television devices or covered computer monitor devices pursuant to this section. Market share, as used in this chapter, is the total weight of the manufacturer's televisions or computer monitors that were sold at retail in the United States to individuals during the previous program year, multiplied by the population fraction of South Carolina to the United States population, divided by the total weight of all of the televisions or computer monitors that were sold at retail to individuals in South Carolina during the previous program year. The individual recycling obligation for each television manufacturer is calculated by multiplying 4.8 million pounds by the manufacturer's market share as calculated above. The individual recycling obligation for each computer monitor manufacturer is calculated by multiplying 720,000 pounds by the manufacturer's market share as calculated above. The population fraction is determined by using the most recent United States Census data for the total population of South Carolina divided by the total population of the United States. A television manufacturer or computer monitor manufacturer may use covered televisions or covered computer monitor devices to meet their recycling obligation.

(2) The department shall notify each television manufacturer and computer monitor manufacturer of its market share recycling obligation by March 15, 2014. A television manufacturer and computer monitor manufacturer shall provide the department information necessary for the department to calculate market share and to determine each television manufacturer's recycling obligation.

(3) A television manufacturer and computer monitor manufacturer shall report to the department the total weight of manufacturer's televisions or computer monitors sold at retail in the United States, the state specific television or computer monitor sales data annually calculated using the population fraction of South Carolina to the United States population, and the total weight of covered television devices and covered computer monitor devices collected and recycled in the State during the previous program year. If a computer monitor manufacturer or a television manufacturer does not provide the department the necessary information for the department to calculate market share then the department shall use the best available national market share data to make this calculation.

(C) A television manufacturer or computer monitor manufacturer may fulfill the requirements of this section either individually or in participation with other manufacturers. A recovery program may use existing collection and consolidation infrastructure for collecting covered television or covered computer monitor devices, including retailers, recyclers, and reuse organizations. Every manufacturer shall provide the department a report at the beginning of each program year, regarding compliance with the obligations established by the department.

(D) A television manufacturer or computer monitor 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.

HISTORY: 2010 Act No. 178, Section 1, eff July 1, 2011; 2014 Act No. 129 (H.3847), Section 3, eff March 4, 2014.

Editor's Note

2010 Act No. 178, Section 3, provides:

"This act takes effect July 1, 2011; provided, however, a retailer must be allowed an additional period of six months from the effective date to sell any inventory purchased prior to the effective date before having to comply with the applicable provisions of this act."

2014 Act No. 129, Section 14, provides as follows:

"SECTION 14. Section 48-60-50 of the 1976 Code, as amended by Section 3 of this act, is repealed December 31, 2014. The remaining provisions of Chapter 60, Title 48 of the 1976 Code, except Section 48-60-90, are repealed December 31, 2021."

Effect of Amendment

2014 Act No. 129, Section 3, rewrote the section.