*NOTE: This section has been amended by emergency legislation with identical permanent legislation that will become effective in January, 2022.*
(a) By June 1, 2017, a manufacturer or retailer shall not sell or offer for sale or deliver to a retailer for subsequent sale new covered electronic equipment, unless:
(1) The equipment is labeled with a readily visible brand identifying the manufacturer; and
(2) The manufacturer has registered with the Mayor pursuant to subsection (b) of this section; provided, that the Mayor may establish by rule a de minimislevel of covered electronic equipment sales in the District that shall be exempt from the provisions of this section.
(b) By December 31, 2016, and annually thereafter, a manufacturer or its partnership or representative organization as provided in subsection (c) of this section shall submit an application for registration with the Mayor that shall include:
(1) The name, address, and contact information of the person responsible for ensuring compliance with this chapter;
(2) The registration fees applicable under § 8-1041.04;
(3) A report disclosing:
(A) A list of the brands of covered electronic equipment the manufacturer sells in the District;
(B) Annual data of the manufacturer's covered electronic equipment sold in the District during the previous 3 calendar years;
(C) The total weight or an estimate of the total weight of covered electronic equipment sold in the previous calendar year;
(D) The total weight of covered electronic equipment collected and recycled through the manufacturer's electronics recycling program in the previous calendar year;
(E) Compliance with § 8-1041.05; and
(F) The end markets and electronics recyclers utilized by the manufacturer in the previous calendar year;
(4) A description of the manufacturer's electronics recycling program in the District, including details for the collection, handling, disposition, recycling or reuse of collected covered electronic equipment and the location of anticipated recycling facilities and end markets;
(5) A description of convenient methods by which a District resident can return covered electronic equipment, and methods by which the manufacturer will inform District residents and businesses about its electronics recycling program;
(6) If the manufacturer has not attained compliance with § 8-1041.05, a description of how the manufacturer plans to attain compliance;
(7) A signed statement certifying that the manufacturer's collection, handling, and recycling or reuse of covered electronic equipment complies with local state, federal, and international laws and regulations;
(8) A signed statement certifying that vendors who recycle or reuse covered electronic equipment collected under the manufacturer's waste management program have e-Stewards certification.
(9) If the applicant is a representative organization established to provide convenient collection service to District residents under subsection 119(a)(3), an implementation plan that includes:
(A) A description of the convenient collection system established by the organization, including the collection sites at which the representative organization will ensure continuous service, and how the organization, through public outreach and other means, determined where public collection sites would be located to meet the needs of District residents;
(B) A description of public outreach and awareness activities undertaken to ensure District residents are aware of the availability and location of collection sites and events;
(C) The market share percentage of each manufacturer in the representative organization and a description of how the representative organization will allocate responsibility across member manufacturers to ensure compliance with this chapter; and
(D) Sufficient information, including financial and operational information, to allow the Mayor to confirm the consistency of the plan with this chapter; and
(10) Any other information as may be required by the Mayor by rule.
(c) A partnership established to meet the total minimum collection shares of its member manufacturers under § 8-1041.05(a)(2) may, and a representative organization established to provide convenient collection service to District residents under § 8-1041.05(a)(3) shall, submit a single application for registration including the items listed under subsection (b) of this section on behalf of its member manufacturers; provided, that the application shall also include a list of member manufacturers and their market shares, as well as any other individual manufacturer data, information, or certification required by the Mayor through rulemaking.
(d)(1) The Mayor shall approve or disapprove a registration application and notify the applicant in writing or by electronic mail within 45 days of an individual manufacturer's submission and within 60 days of a partnership or representative organization's submission. If the Mayor disapproves an application, the Mayor shall specify the reasons for disapproval. The Mayor shall approve or disapprove a resubmitted application within 30 days of resubmission.
(2) In determining whether to approve the registration application and implementation plan of a representative organization established to provide convenient collection service to District residents under § 8-1041.05(a)(3), the Mayor shall consider:
(A) The pounds per capita of covered electronics equipment waste generated in the District in the previous calendar year, as estimated using best available data;
(B) The total market share of the representative organization's members and the pounds per capita of covered electronics equipment collected by the representative organization in the previous calendar year;
(C) The total pounds per capita of covered electronics equipment collected by all manufacturers under this chapter in the previous calendar year;
(D) Best practices in similar jurisdictions with pounds per capita electronics recycling rate data;
(E) Whether the convenient collection system outlined in the representative organization's implementation plan is sufficient to provide convenient and equitable collection opportunities to District residents; and
(F) The District's progress toward the goal established in § 8-1041.02.
(e) The Mayor may establish a procedure and timeframe for the modification or renewal of manufacturer, partnership, and representative organization applications under this section by rule.
(f) A retailer shall not be subject to penalties for selling or offering to sell covered electronic equipment received from a manufacturer whose registration under this section has expired or been revoked if the manufacturer was registered at the time that the retailer took possession of the covered electronic equipment and the sale occurred within 6 months of the expiration or revocation.
(Feb. 26, 2015, D.C. Law 20-154, § 117, 61 DCR 9971; Oct. 8, 2016, D.C. Law 21-160, § 6032(d), 63 DCR 10775; Mar. 16, 2021, D.C. Law 23-211, § 2(n), 68 DCR 00068; Aug. 23, 2021, D.C. Act 24-159, § 6062(d), 68 DCR 008602.)