CHAPTER 2. MANUFACTURER'S REGISTRATION FEE; ELECTRONIC WASTE FUND
IC 13-20.5-2
Chapter 2. Manufacturer's Registration Fee; Electronic Waste
Fund
IC 13-20.5-2-1
Registration fee; variable recycling fee and formula for
determination; recycling credits; fee exception
Sec. 1. (a) Except as provided in subsection (g), a manufacturer
that registers under IC 13-20.5-1 shall pay to the department at the
time of registration an annual registration fee. The registration fee
applies for the program year for which the registration is submitted
to the department. The department shall deposit the fee in the
electronic waste fund established by section 3 of this chapter.
(b) The registration fee for the initial program year to which the
fee applies under subsection (a) is five thousand dollars ($5,000). For
each program year thereafter, the registration fee is equal to two
thousand five hundred dollars ($2,500).
(c) In addition to the registration fee under subsection (a), a
manufacturer that registers under IC 13-20.5-1 and fails to meet the
recycling goal under IC 13-20.5-4-1 is subject to a variable recycling
fee for each program year that ends on March 31 of 2013 or of a later
year. Not later than September 1, the department shall provide a
statement to each manufacturer liable for the variable recycling fee
that states at least the following:
(1) The amount of the fee determined under subsection (d).
(2) The method of calculation of the fee.
(3) The due date of the fee.
(4) The opportunity to petition under section 2 of this chapter.
The department shall deposit the fee in the Indiana recycling
promotion and assistance fund established by IC 4-23-5.5-14.
(d) The amount of the variable recycling fee, if applicable, is the
amount determined in STEP FOUR of the following formula:
STEP ONE: Multiply the number of pounds of the
manufacturer's video display devices sold to households during
the immediately preceding program year, as reported in the
manufacturer's registration for the program year under
IC 13-20.5-1-1(d)(4), by the proportion of sales of video display
devices required to be recycled under IC 13-20.5-4-1.
STEP TWO: Subject to subsection (e), add the number of
pounds of covered electronic devices recycled by the
manufacturer from covered entities during the immediately
preceding program year, as reported to the department under
IC 13-20.5-3-1(b), to the number of recycling credits the
manufacturer elects to use to calculate the variable recycling
fee, as reported to the department under IC 13-20.5-3-1(c)(2).
STEP THREE: Subtract the number of pounds determined in
STEP TWO from the number of pounds determined in STEP
ONE.
STEP FOUR: Multiply the greater of zero (0) or the number of
pounds determined in STEP THREE by the per pound cost of
recycling established as follows:
(A) Forty cents ($0.40) per pound for manufacturers that
recycle less than fifty percent (50%) of the number of
pounds determined in STEP ONE.
(B) Thirty cents ($0.30) per pound for manufacturers that
recycle at least fifty percent (50%) but less than ninety
percent (90%) of the number of pounds determined in STEP
ONE.
(C) Twenty cents ($0.20) per pound for manufacturers that
recycle at least ninety percent (90%) of the number of
pounds determined in STEP ONE.
(e) The following apply to the number of pounds of covered
electronic devices recycled by the manufacturer from covered
entities during the immediately preceding program year for purposes
of subsection (d), STEP TWO:
(1) Except as provided in subdivision (3), the number is
multiplied by one and one-tenth (1.1) to the extent that the
covered electronic devices were recycled in Indiana.
(2) Except as provided in subdivision (3), the number is
multiplied by one and five-tenths (1.5) to the extent that the
covered electronic devices were recycled from covered entities
not located in a metropolitan statistical area, as defined by the
federal Office of Management and Budget.
(3) The number is multiplied by one and six-tenths (1.6) to the
extent that the covered electronic devices were:
(A) recycled from covered entities not located in a
metropolitan statistical area, as defined by the federal Office
of Management and Budget; and
(B) recycled in Indiana.
(f) A manufacturer may retain recycling credits to be added, in
whole or in part, to the actual number of pounds of covered
electronic devices recycled by the manufacturer from covered
entities during the immediately preceding program year, as reported
to the department under IC 13-20.5-3-1(b), during any of the three
(3) immediately succeeding program years. A manufacturer may sell
all or any part of its recycling credits to another manufacturer, at a
price negotiated by the parties, and the other manufacturer may use
the credits in the same manner. For purposes of this subsection, the
recycling credits for the program year that begins April 1, 2010, are
determined taking into account covered electronic devices that the
manufacturer recycled, or arranged to have collected and recycled,
both:
(1) in that program year; and
(2) after June 30, 2009, and before April 1, 2010.
(g) A manufacturer may not be charged a registration fee or a
variable recycling fee for any year in which the combined number of
video display devices produced by the manufacturer for sale to
households is less than one hundred (100).
As added by P.L.178-2009, SEC.27.
IC 13-20.5-2-2
Petition for relief from variable recycling fee
Sec. 2. Not later than sixty (60) days after the date of the
statement provided to a manufacturer under section 1(c) of this
chapter, the manufacturer may petition the Indiana recycling market
development board created by IC 4-23-5.5-2 for relief from the
variable recycling fee imposed under section 1 of this chapter upon
showing of good cause. In determining whether to grant a petition for
relief under this section, the Indiana recycling market development
board shall determine whether the manufacturer has made good faith
progress to achieve substantial compliance with this article. A
determination by the Indiana recycling market development board
under this subsection is not subject to appeal by the manufacturer.
As added by P.L.178-2009, SEC.27.
IC 13-20.5-2-3
Electronic waste fund; administration; refunds to manufacturers
Sec. 3. (a) The electronic waste fund is established to implement
this article. The fund shall be administered by the department.
(b) The expenses of administering the fund shall be paid from
money in the fund.
(c) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested. Interest that accrues
from these investments shall be deposited in the fund.
(d) Money in the fund at the end of a state fiscal year does not
revert to the state general fund.
(e) Beginning in 2011 and continuing each year thereafter, as of
the last day of the state fiscal year, the department shall determine
the total amount of the variable recycling fees that were collected for
that state fiscal year under section 1(c) of this chapter.
(f) Except as provided in subsection (g), if the total amount of
registration fees collected by the department for a state fiscal year
under section 1(a) of this chapter exceeds the amount the department
determines necessary to administer this article for the next state
fiscal year, the department shall refund on a pro rata basis, to all
manufacturers that paid any fees for the state fiscal year that
contributed to those collections, the amount of fees collected by the
department that exceeds the amount necessary to administer this
article for the next state fiscal year.
(g) The department is not required to refund amounts under
subsection (f) if either or both of the following apply:
(1) The refund amount determined under subsection (f) is less
than one hundred dollars ($100).
(2) The amount the manufacturer claiming the refund recycled
for the manufacturer's most recent program year was less than
fifty percent (50%) of the amount the manufacturer was
required to recycle for that program year under IC 13-20.5-4-1.
As added by P.L.178-2009, SEC.27.