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PRIOR PRINTER'S NO. 3463 PRINTER'S NO. 3650
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2553
Session of
2026
INTRODUCED BY BOROWSKI, SAPPEY, WAXMAN, HOWARD, HOHENSTEIN,
MAYES, SANCHEZ, RIVERA, CIRESI, DONAHUE, INGLIS, KINKEAD,
CEPEDA-FREYTIZ, MADDEN, CURRY, VITALI, HANBIDGE, FREEMAN,
PROKOPIAK, PROBST, SHUSTERMAN, McNEILL, STEELE AND HILL-
EVANS, MAY 28, 2026
AS REPORTED FROM COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
PROTECTION, HOUSE OF REPRESENTATIVES, AS AMENDED,
JUNE 22, 2026
AN ACT
Amending the act of November 23, 2010 (P.L.1083, No.108),
entitled "An act establishing a recycling program for certain
covered devices; imposing duties on manufacturers and
retailers of certain covered devices; providing for the
powers and duties of the Department of Environmental
Protection and for enforcement; establishing the Electronic
Materials Recycling Account in the General Fund; and
prescribing penalties," in preliminary provisions, further
providing for definitions; in duties of manufacturers and
retailers, further providing for sales prohibition, for
registration and for manufacturer plan and reporting; and, in
administration, further providing for duties of department,
for annual report and for enforcement.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "computer," "consumer,"
"covered device," "manufacturer," "market share" and "obligated
share" in section 102 of the act of November 23, 2010 (P.L.1083,
No.108), known as the Covered Device Recycling Act, are amended
and the section is amended by adding definitions to read:
Section 102. Definitions.
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The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Computer." A desktop or notebook computer. The term does
not include an automated typewriter, professional workstation,
server, [mobile telephone,] portable handheld calculator,
portable digital assistant, MP3 player or other similar device.
* * *
"Consumer." An occupant of a single detached dwelling unit
or a single unit of a multiple dwelling unit who has used a
covered device primarily for personal or small business use or
political subdivision business use. For purposes of this
definition, a small business is an entity that is independently
owned or operated, employs [50] 100 or fewer people, has
purchased or leased a covered computer device from a computer
manufacturer or retailer and, but for the program established
under this act, would not otherwise have access to electronic
recycling programs.
* * *
"Covered device." A covered computer device [and], covered
television device, covered personal electronic device and
covered networking equipment marketed and intended for use by a
consumer. The term does not include:
(1) a device that is 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;
(2) a device that is functionally or physically a part
of or connected to or integrated within equipment or a system
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designed and intended for use in an industrial, governmental,
commercial, research and development or medical setting,
including, but not limited to, diagnostic, monitoring,
control or medical products as defined under the Federal
Food, Drug, and Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301
et seq.), or equipment used for security, sensing,
monitoring, antiterrorism, emergency services purposes or
equipment designed and intended primarily for use by
professional users;
(3) a device that is contained within 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; or
(4) any of the following:
(i) [Telephone of any type, including a mobile
phone] Landline telephone.
(ii) Personal digital assistant.
(iii) Global positioning system.
"Covered networking equipment." A physical device used to
connect another device within a computer network, enabling data
transmission and communication between devices, including an
Internet router, modem, wireless access point and switch.
"Covered personal electronic device." Any of the following:
(1) Smartphone.
(2) Tablet.
(3) Smart watch.
(4) E-reader.
(5) Wireless ear buds or headphones.
(6) Printer.
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(7) Fax machine.
(8) Data bearing wearable consumer device.
* * *
"Manufacturer." A [computer manufacturer or a television]
covered device manufacturer.
"Market share." An estimate of the total [weight of a]
manufacturer's sales of covered devices during the previous
program year calculated by multiplying the [weight] estimated
sales of its covered devices sold nationally times the quotient
of this Commonwealth's population divided by the national
population.
"Market share obligation." As determined under section 305.
* * *
["Obligated share." The proportion of covered devices that
reflects a manufacturer's market share responsibility under this
act.]
* * *
Section 2. Section 302(b) of the act is amended and the
section is amended by adding a subsection to read:
Section 302. Sales prohibition.
* * *
(b) List to be maintained by department.--No later than six
months after the effective date of this section, the department
shall maintain a list of each registered manufacturer, the
brands of all covered devices reported in each manufacturer's
registration and the brands of covered devices for which no
manufacturer has registered and post the list on the
department's Internet website. The following shall apply:
(1) No manufacturer or retailer may sell or offer for
sale in this Commonwealth a covered device if the brand is
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included on the sales prohibition list.
(2) Manufacturers on the sales prohibition list can be
removed from the list, allowing sales of new covered devices
to consumers in the Commonwealth to resume, if:
(i) The department determines that all manufacturer
registration requirements in section 304 have been met.
(ii) Any additional actions that are needed to
resolve each outstanding violation have been taken.
* * *
(d) Enforcement.--Manufacturers who are not listed on the
department's list of registered manufacturers shall be notified
by the department and given 30 days to reply to the department
for purposes of compliance with this act. The following shall
apply:
(1) If the manufacturer fails to respond to the
department, the department shall notify retailers offering
the manufacturer's covered devices for sale to consumers in
this Commonwealth of the manufacturer's inclusion on the
sales prohibition list.
(2) Notice of the manufacturer's inclusion on the sales
prohibition list, as described under subsection (b), shall be
provided to relevant trade associations and industry groups.
Section 3. Section 304(a) of the act is amended to read:
Section 304. Registration.
(a) Manufacturers registration.--
(1) A manufacturer of new covered devices offered for
sale in this Commonwealth, including sales made online, shall
register with the department by January 30, 2011, or six
months after the effective date of this section, whichever is
later, and pay a registration fee of $5,000.
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(2) After January 30, 2011, or six months after the
effective date of this section, whichever is later, if a
manufacturer has not previously filed a registration, the
manufacturer shall file a registration with the department
prior to any offer for sale or delivery in this Commonwealth,
including sales made online, of the manufacturer's new
covered devices and shall pay to the department a
registration fee of $5,000.
(3) A registered manufacturer shall submit an annual
renewal of its registration to the department and pay to the
department a registration fee [of $5,000 by January 1] under
paragraph (5) by August 31 of each program year. The
registration and each annual renewal shall include a list of
all brands the manufacturer is using on its covered devices
regardless of whether the manufacturer owns or licenses the
brand and shall be effective upon receipt by the department.
(4) Shall A MANUFACTURER SHALL report to the department
the total weight of its covered devices sold to consumers
during the calendar year two years prior, calculated by
multiplying the weight of its covered devices sold nationally
times the quotient of this Commonwealth's population divided
by the national population.
(5) A manufacturer shall be assessed the following
annual registration fee:
(i) Manufacturers with reported annual sales weight
greater than or equal to 100,000 pounds shall be assessed
a registration fee of $10,000.
(ii) Manufacturers with reported annual sales weight
less than 100,000 pounds and greater than or equal to
10,000 pounds shall be assessed a registration fee of
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$5,000.
(iii) Manufacturers with reported annual sales
weight less than 10,000 pounds and greater than or equal
to 5,000 pounds shall be assessed a registration fee of
$1,000.
(iv) Manufacturers with reported annual sales weight
less than 5,000 pounds and greater than or equal to 100
pounds shall be assessed a registration fee of $500.
(v) Manufacturers with reported annual sales weight
less than 100 pounds and greater than or equal to 1 pound
shall be assessed a registration fee of $100.
* * *
Section 4. Section 305(a)(1), (b)(4) and (6), (c)(2), (d),
(f)(1)(i) and (ii) and (g) of the act are amended and the
section is amended by adding subsections to read:
Section 305. Manufacturer plan and reporting.
(a) Collection, transportation and recycling plan.--
(1) A manufacturer shall establish, conduct and manage a
plan to collect, transport and recycle a quantity of covered
devices equal to the manufacturer's market share. The plan
shall be submitted to the department for review by August 31.
* * *
(a.1) Market share.--The market share and market share
obligation determination shall be in accordance with the
following:
(1) For each program year, the department shall
determine the market share of each manufacturer for covered
devices.
(2) The department shall calculate a manufacturer's
market share for a program year by:
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(i) using the total weight of the manufacturer's
covered devices sold nationally to consumers for the
calendar year two years prior as reported to the
department under section 304; and
(ii) multiplying the weight under subparagraph (i)
by the quotient of this Commonwealth's population divided
by the national population for that year; and
(iii) dividing the result in subparagraph (ii) by
the sum of the results for all manufacturers for the same
covered device or covered device category.
(3) The department shall determine each manufacturer's
market share obligation for each program year for covered
devices by multiplying:
(i) the manufacturer's market share as determined
under paragraph (2); by
(ii) the total weight, in pounds, of covered
electronic devices collected from consumers in this
Commonwealth in the previous program year as determined
by the department; and
(iii) any adjustment factor adopted by the
department to reflect the amount of covered electronic
devices reasonably expected to be collected in the next
program year, based upon actual collection amounts in
preceding program years.
(4) A manufacturer shall be notified annually by the
department of the manufacturer's market share and market
share obligation for each program year and covered device.
(5) If a manufacturer fails to submit complete and
accurate national sales data required under section 304(a)
(4), or if the department determines that the data is
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unavailable or unusable, the department may estimate that
manufacturer's national sales and market share using one or
more of the following sources, as appropriate:
(i) National or regional market research reports
issued by recognized independent firms.
(ii) Federal or State statistical publications.
(iii) Publicly reported manufacturer or retailer
sales or shipment data.
(iv) Any other credible and reasonably objective
data source identified by the department by order or
guidance.
(6) Market share and market share obligation
determinations made by the department under this subsection
shall be based on data treated as confidential to the extent
permitted by law. Only the resulting market share percentages
and market share obligations shall be public records.
(b) Contents of plan.--The plan required under subsection
(a) shall include:
* * *
(4) The intention of the manufacturer or each
manufacturer to fulfill its [obligated share] market share
obligation under this act, through operation of its own
program, either individually or with other manufacturers as a
group.
* * *
(6) For an initial plan submitted by a manufacturer or
group of manufacturers, an estimate of the [weight] market
share and market share obligation of covered devices to be
collected during the first program year. The plan shall also
include information demonstrating the process by which the
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manufacturer or group of manufacturers will increase the
collection of the number of covered devices by a minimum of
2% [by weight] per year beginning with the second full
program year.
(c) Reporting by manufacturers.--
* * *
(2) When a manufacturer or group of manufacturers
conducts its own collection, transportation and recycling
program for covered devices, the manufacturer or group of
manufacturers shall submit a report to the department
annually by January 30, beginning the year after the program
is initiated. The report shall consist of the total weight
and estimated number of covered devices collected from
consumers in this Commonwealth by the manufacturer or group
of manufacturers during the previous year and documentation
verifying collection and recycling of the devices.
(d) Sales data.--National sales data submitted by a
manufacturer to the department to fulfill its market share
obligations under this act shall be exempt from disclosure under
the provisions of the act of February 14, 2008 (P.L.6, No.3),
known as the Right-to-Know Law, and shall not be disclosed by
the department unless otherwise required by law or court order.
* * *
(f) Effect of failure to comply with approved plan.--
(1) (i) If the total weight in pounds of covered
devices collected, transported and recycled during a
program year by a manufacturer or group of manufacturers
is less than the sum of the [obligated shares in weight]
market share obligations for that program year of each
manufacturer participating in the plan, the manufacturer
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or group of manufacturers shall submit to the department
by March 15 of the following program year a payment to
cover the cost of collecting, transporting and recycling
the unmet portion of the sum of the [obligated shares in
weight] market share obligation.
(ii) The payment shall be [equal to the quantity of
the unmet portion, in pounds, plus an additional 10% of
such quantity, multiplied by the cost per pound for
collection, transportation and recycling of covered
devices] $2 per pound.
* * *
(g) Multiple manufacturers.--
(1) Where more than one person may be deemed the
manufacturer of a brand of a covered device, any one or more
such persons may assume responsibility for and satisfy the
market share obligations of a manufacturer under this act
with respect to covered devices bearing that brand.
(2) In the event that no person assumes responsibility
for and satisfies the market share obligations of a
manufacturer under this act with respect to covered devices
bearing that brand, for purposes of compliance with these
provisions, the responsible party shall be the person who
satisfies paragraph (1) of the definition of manufacturer.
* * *
(i) Recyclers recordkeeping.--In addition to any other
reporting requirements, a recycler handling covered devices
under this act shall also keep detailed and certified records of
the weights of covered devices handled. The records may be
requested by the department at any time.
Section 5. Section 501(1) of the act is amended and the
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section is amended by adding paragraphs to read:
Section 501. Duties of department.
The department shall:
(1) Encourage the use of existing collection and
consolidation infrastructure for handling covered devices to
the extent that this infrastructure is accessible on a
regular and ongoing basis to [at least 85%] 100% of the
population of this Commonwealth, is cost effective and meets
the environmentally sound management requirements of section
506.
* * *
(6) Establish a goal for collections weight annually.
(7) Maintain an active list of approved recyclers that
have been issued a permit by the department for processing of
waste electronics. The list shall be posted on the
department's publicly accessible Internet website and shall
be updated as soon as permits are issued or expire.
(8) Create an online portal or website to inform a
covered entity of the covered entity's responsibilities under
this act.
Section 6. Sections 502(1) and (2) and 507(a)(1) and (c) of
the act are amended to read:
Section 502. Annual report.
The department shall prepare and submit annually to the
General Assembly and post on its Internet website a report that
includes:
(1) The total weight and estimated number of covered
devices collected in this Commonwealth during the previous
calendar year.
(2) A complete listing of all manufacturers' collection,
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transportation and recycling programs and collection sites
operating in this Commonwealth during the prior calendar
year[,] and the parties that operated them [and the amount of
material by weight collected at each site].
* * *
Section 507. Enforcement.
(a) Judicial action.--
(1) The Commonwealth, through the [Attorney General and
the] department, may initiate independent action to enforce
any provision of this act, including failure by the
manufacturer to submit a plan as required in section 305 or
to remit the registration fee pursuant to section 304(a) to
the department.
* * *
(c) Injunctive relief.--A violation of the sales
prohibitions of this act may be enjoined in an action in the
name of the Commonwealth, brought by the [Attorney General]
department.
Section 7. This act shall take effect as follows:
(1) The amendment of section 501(1) of the act shall
take effect December 31, 2031.
(2) This section shall take effect immediately.
(3) The remainder of this act shall take effect in 12
months.
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