R.I. Gen. Laws § 23-24.10-3

Current through 2024 Public Law 457

Section 23-24.10-3 - Definitions

For the purposes of this chapter:

(1) "Collector" means a public or private entity that receives covered electronic devices and arranges for the delivery of the devices to a recycler.

(2) "Computer" often referred to as a "personal computer" or "PC," means a desktop or notebook computer as further defined below, but does not mean an automated typewriter, electronic printer, mobile telephone, portable hand-held calculator, portable digital assistant (PDA), MP3 player, or other similar device. "Computer" does not include computer peripherals, commonly known as cables, mouse, or keyboard; computer servers marketed to professional users; or retail store terminals or cash registers used at customer checkout in the retail industry. "Computer" is further defined to include:

(i) "Desktop computer" means an electronic, magnetic, optical, electrochemical, or other high-speed data-processing device performing logical, arithmetic, or storage functions for general purpose needs that are met through interaction with a number of software programs contained therein, and that is not designed to exclusively perform a specific type of logical, arithmetic, or storage function or other limited or specialized application. Human interface with a desktop computer is achieved through a standalone keyboard, standalone monitor or other display unit, and a standalone mouse or other pointing device, and is designed for a single user. A desktop computer has a main unit that is intended to be persistently located in a single location, often on a desk or on the floor. A desktop computer is not designed for portability and generally utilizes an external monitor, keyboard, and mouse with an external or internal power supply for a power source. Desktop computer does not include an automated typewriter or typesetter; or

(ii) "Notebook computer" means an electronic, magnetic, optical, electrochemical, or other high-speed data-processing device performing logical, arithmetic, or storage functions for general purpose needs that are met through interaction with a number of software programs contained therein, and that is not designed to exclusively perform a specific type of logical, arithmetic, or storage function or other limited or specialized application. Human interface with a notebook computer is achieved through a keyboard, video display greater than nine inches (9") in size, and mouse or other pointing device, all of which are contained within the construction of the unit that comprises the notebook computer; supplemental standalone interface devices typically can also be attached to the notebook computer. Notebook computers can use external, internal, or batteries for a power source. Notebook computer does not include a portable hand-held calculator, or a portable digital assistant or similar specialized device. A notebook computer has an incorporated video display greater than nine inches (9") in size and can be carried as one unit by an individual. A notebook computer is sometimes referred to as a laptop and/or tablet computer.

(3) "Corporation" means the Rhode Island resource recovery corporation created and established pursuant to chapter 19 of title 23.

(4) "Covered electronic products" means:

(i) Computers (including central processing unit or CPU) as defined herein;

(ii) Computer monitors, including CRT monitors and flat panel monitors;

(iii) Combination units (CPUs with monitors);

(iv) Portable computers, such as tablets;

(v) Printers as defined in this section shall only be included as a "covered electronic product" if/once the total amount of printers exceeds twenty percent (20%) by weight of the total returns of covered electronics as determined by § 23-24.10-11(a)(5) after January 1, 2020;

(vi) Televisions including CRT-based and non-CRT-based televisions, plasma, and LCD, or any similar video-display device with a screen greater than nine (9) inches diagonally and that contains a circuit board; and

(vii) "Covered electronic products" does not mean a computer, television, or video-display device that is:

(a) A part of a motor vehicle or any component part of a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle; or

(b) Functionally or physically a part of, connected to, or integrated within a larger piece of equipment designed and intended for use in an industrial, governmental, commercial, research and development, or medical setting, (including diagnostic, monitoring, or other medical products as that term is defined under the Federal Food, Drug, and Cosmetic Act) or equipment used for security, sensing, monitoring, or anti-terrorism purposes; or

(c) Contained within a home appliance, clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, or air purifier; or

(d) A handheld device used to access commercial mobile radio service and/or commercial mobile data service, as such service is defined in 47 C.F.R. § 20.3.

(5) "Department" means the department of environmental management.

(6) "Manufacturer" means a person or entity who or that:

(i) Has a physical presence and legal assets in the United States of America; and

(A) Manufactures or manufactured a covered electronic product under a brand it owns; or is or was licensed to use;

(B) Sells or sold under a brand or label it owns or is or was licensed to use a covered electronic product produced by other suppliers; or

(C) Assumes the financial responsibility of manufacturer collection, transportation, or recycling as further defined herein; or

(D) Imports or imported a covered electronic product into the United States that is manufactured by a person without a presence in the United States; or

(E) Sells at retail a covered electronic product acquired from an importer that is the manufacturer as described in subsection (b) herein, and elects to register in lieu of the importer.

(7) "Manufacturer program" means a statewide program for collecting, transporting, and recycling covered electronic products that is provided by the manufacturer, either individually or as a group.

(8) "Market share" means a television or printer manufacturer's national sales of televisions or printers, respectively, expressed as a percentage of the total of all television or printer manufacturers' national sales based on the best available public data.

(9) "Market share by weight" means the minimum total weight of covered electronic products, i.e. televisions and/or printers, that an individual manufacturer is responsible for collecting, transporting, and recycling.

(10) "Monitor" means a video-display device without a tuner that can display pictures and sound and is used with a computer.

(11) "Orphan waste" means covered electronic products for which no manufacturer can be identified or the manufacturer is no longer in business and no successor business can be identified or a de minimis quantity of brands with no greater than one percent (1%) market share or return share to be determined annually by the corporation.

(12) "Person" means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, the federal government or any agency or subdivision thereof, a state, municipality, commission, political subdivision of a state, or any interstate body.

(13) "Premium service" means services such as at-location system upgrade services and at-home pickup services, including curbside pickup service.

(14) "Printer" means desktop printers, multifunction printer copiers, and printer/fax combinations taken out of service that are designed to reside on a work surface, and include various print technologies, including, without limitation, laser and LED (electrographic), ink jet, dot matrix, thermal, and digital sublimation, and "multi-function" or "all-in-one" devices that perform different tasks, including, without limitation, copying, scanning, faxing, and printing. Printers do not include floor-standing printers, printers with optional floor stand, point-of-sale (POS) receipt printers, household printers such as a calculator with printing capabilities or label makers, or non-standalone printers that are embedded into products that are not covered electronic products.

(15) "Program year" means January 1 through December 31, also referred to as "calendar year."

(16) "Recycler" means a public or private individual or entity who accepts covered electronic devices directly from the public or from collectors for the purpose of recycling. A manufacturer who takes products solely for refurbishment or repair is not a recycler. A recycler may also be a collector if the recycler meets the definition of a collector.

(17) "Retailer" means a person or entity who or that sells a covered electronic product in the state to a consumer. "Retailer" includes, but is not limited to, a manufacturer of a covered electronic product who sells directly to a consumer through any means, including, but not limited to, transactions conducted through sales outlets, catalogs, or the internet, or any similar electronic means, but not including leasing, commercial financing, or wholesale transactions with a distributor or other retailer.

(18) "Return share" means the share of covered electronic products, except televisions and printers, that an individual manufacturer is responsible for collecting, transporting, and recycling.

(19) "Return share by weight" means the minimum total weight of covered electronic products, except televisions and printers, that an individual manufacturer is responsible for collecting, transporting, and recycling.

(20) "State program" means a statewide program for collecting, transporting, and recycling covered electronic products that is provided by the resource recovery corporation for manufacturers who pay a recycling fee.

(21) "Television" means any telecommunication system device that can broadcast or receive moving pictures and sound over a distance and includes a television tuner or a display device peripheral to a computer that contains a television tuner.

(22) "Video-display devices" means and includes units capable of presenting images electronically on a screen, with a viewable area greater than nine inches (9") when measured diagonally, viewed by the user and may include cathode ray tubes, flat-panel computer monitors, plasma displays, liquid crystal displays, rear- and front-enclosed projection devices, and other similar displays that exist or may be developed.

R.I. Gen. Laws § 23-24.10-3

Amended by 2017 Pub. Laws, ch. 391, § 1, eff. 10/5/2017.

Amended by 2017 Pub. Laws, ch. 430, § 1, eff. 10/5/2017.

P.L. 2006 , ch. 365, § 1; P.L. 2006 , ch. 447, § 1; P.L. 2008 , ch. 105, § 1; P.L. 2008 , ch. 126, § 1; P.L. 2010 , ch. 122, § 1.