An Act amending the act of November 23, 2010 (P.L.1083, No.108), known as the Covered Device Recycling Act, in preliminary provisions, further providing for definitions.

PRINTER'S NO. 597
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 590
Session of
2025
INTRODUCED BY DUSH, BARTOLOTTA AND STEFANO, APRIL 9, 2025
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, APRIL 9, 2025
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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "covered device" and
"manufacturer" 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.
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:
* * *
"Covered device." A covered computer device [and], covered
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television device and photovoltaic module 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
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.
(ii) Personal digital assistant.
(iii) Global positioning system.
* * *
"Manufacturer." A computer manufacturer [or], a television
manufacturer or a photovoltaic module manufacturer.
* * *
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"Photovoltaic module." The smallest nondivisible,
environmentally protected assembly of photovoltaic cells or
other photovoltaic collector technology and ancillary parts
intended to generate electrical power under sunlight. The term
does not include a photovoltaic cell that is part of a consumer
electronic device for which the photovoltaic cell provides
electricity needed to make the consumer electronic device
function. The term includes an interconnection, terminal and
protective device such as a diode that is:
(1) installed on, connected to or integral with a
building; or
(2) used as a component of a freestanding, off-grid,
power generation system, including a powered water pumping
station, electric vehicle charging station, fencing, street
and signage light, or used for a commercial or agricultural
purpose.
"Photovoltaic module manufacturer." A person that:
(1) manufactures photovoltaic modules to be sold under
its own brand as identified by its own brand label;
(2) sells photovoltaic modules manufactured by others
under its own brand as identified by its own brand label; or
(3) assumes the duties imposed on a manufacturer or
retailer under this act.
* * *
Section 2. This act shall take effect in 60 days.
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