HB 2553

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
1 Amending the act of November 23, 2010 (P.L.1083, No.108),
2    entitled "An act establishing a recycling program for certain
3    covered devices; imposing duties on manufacturers and
4    retailers of certain covered devices; providing for the
5    powers and duties of the Department of Environmental
6    Protection and for enforcement; establishing the Electronic
7    Materials Recycling Account in the General Fund; and
8    prescribing penalties," in preliminary provisions, further
9    providing for definitions; in duties of manufacturers and
10    retailers, further providing for sales prohibition, for
11    registration and for manufacturer plan and reporting; and, in
12    administration, further providing for duties of department,
13    for annual report and for enforcement.
14    The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16    Section 1.    The definitions of "computer," "consumer,"
17 "covered device," "manufacturer," "market share" and "obligated
18 share" in section 102 of the act of November 23, 2010 (P.L.1083,
19 No.108), known as the Covered Device Recycling Act, are amended
20 and the section is amended by adding definitions to read:
21 Section 102.    Definitions.
1    The following words and phrases when used in this act shall
2 have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4    * * *
5    "Computer."   A desktop or notebook computer. The term does
6 not include an automated typewriter, professional workstation,
7 server, [mobile telephone,] portable handheld calculator,
8 portable digital assistant, MP3 player or other similar device.
9    * * *
10    "Consumer."   An occupant of a single detached dwelling unit
11 or a single unit of a multiple dwelling unit who has used a
12 covered device primarily for personal or small business use or
13 political subdivision business use. For purposes of this
14 definition, a small business is an entity that is independently
15 owned or operated, employs [50] 100 or fewer people, has
16 purchased or leased a covered computer device from a computer
17 manufacturer or retailer and, but for the program established
18 under this act, would not otherwise have access to electronic
19 recycling programs.
20    * * *
21    "Covered device."   A covered computer device [and], covered
22 television device, covered personal electronic device and
23 covered networking equipment marketed and intended for use by a
24 consumer. The term does not include:
25(1)   a device that is a part of a motor vehicle or any
26    component part of a motor vehicle assembled by or for a
27    vehicle manufacturer or franchised dealer, including
28    replacement parts for use in a motor vehicle;
29(2)   a device that is functionally or physically a part
30    of or connected to or integrated within equipment or a system
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1    designed and intended for use in an industrial, governmental,
2    commercial, research and development or medical setting,
3    including, but not limited to, diagnostic, monitoring,
4    control or medical products as defined under the Federal
5    Food, Drug, and Cosmetic Act (52 Stat. 1040, 21 U.S.C. § 301
6    et seq.), or equipment used for security, sensing,
7    monitoring, antiterrorism, emergency services purposes or
8    equipment designed and intended primarily for use by
9    professional users;
10(3)   a device that is contained within a clothes washer,
11    clothes dryer, refrigerator, refrigerator and freezer,
12    microwave oven, conventional oven or range, dishwasher, room
13    air conditioner, dehumidifier, air purifier or exercise
14    equipment; or
15(4)   any of the following:
16(i)    [Telephone of any type, including a mobile
17phone] Landline telephone.
18(ii)    Personal digital assistant.
19(iii)    Global positioning system.
20    "Covered networking equipment."       A physical device used to
21 connect another device within a computer network, enabling data
22 transmission and communication between devices, including an
23 Internet router, modem, wireless access point and switch.
24    "Covered personal electronic device."      Any of the following:
25(1)   Smartphone.
26(2)   Tablet.
27(3)   Smart watch.
28(4)   E-reader.
29(5)   Wireless ear buds or headphones.
30(6)   Printer.
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1(7)   Fax machine.
2(8)   Data bearing wearable consumer device.
3    * * *
4    "Manufacturer."    A [computer manufacturer or a television]
5 covered device manufacturer.
6    "Market share."    An estimate of the total [weight of a]
7 manufacturer's sales of covered devices during the previous
8 program year calculated by multiplying the [weight] estimated
9 sales of its covered devices sold nationally times the quotient
10 of this Commonwealth's population divided by the national
11 population.
12    "Market share obligation."    As determined under section 305.
13    * * *
14    ["Obligated share."    The proportion of covered devices that
15 reflects a manufacturer's market share responsibility under this
16 act.]
17    * * *
18    Section 2.    Section 302(b) of the act is amended and the
19 section is amended by adding a subsection to read:
20 Section 302.    Sales prohibition.
21    * * *
22    (b)   List to be maintained by department.--No later than six
23 months after the effective date of this section, the department
24 shall maintain a list of each registered manufacturer, the
25 brands of all covered devices reported in each manufacturer's
26 registration and the brands of covered devices for which no
27 manufacturer has registered and post the list on the
28 department's Internet website. The following shall apply:
29(1)   No manufacturer or retailer may sell or offer for
30    sale in this Commonwealth a covered device if the brand is
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1    included on the sales prohibition list.
2(2)   Manufacturers on the sales prohibition list can be
3    removed from the list, allowing sales of new covered devices
4    to consumers in the Commonwealth to resume, if:
5(i)    The department determines that all manufacturer
6registration requirements in section 304 have been met.
7(ii)    Any additional actions that are needed to
8resolve each outstanding violation have been taken.
9    * * *
10    (d)   Enforcement.--Manufacturers who are not listed on the
11 department's list of registered manufacturers shall be notified
12 by the department and given 30 days to reply to the department
13 for purposes of compliance with this act. The following shall
14 apply:
15(1)   If the manufacturer fails to respond to the
16    department, the department shall notify retailers offering
17    the manufacturer's covered devices for sale to consumers in
18    this Commonwealth of the manufacturer's inclusion on the
19    sales prohibition list.
20(2)   Notice of the manufacturer's inclusion on the sales
21    prohibition list, as described under subsection (b), shall be
22    provided to relevant trade associations and industry groups.
23    Section 3.        Section 304(a) of the act is amended to read:
24 Section 304.     Registration.
25    (a)   Manufacturers registration.--
26(1)   A manufacturer of new covered devices offered for
27    sale in this Commonwealth, including sales made online, shall
28    register with the department by January 30, 2011, or six
29    months after the effective date of this section, whichever is
30    later, and pay a registration fee of $5,000.
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1      (2)   After January 30, 2011, or six months after the
2  effective date of this section, whichever is later, if a
3  manufacturer has not previously filed a registration, the
4  manufacturer shall file a registration with the department
5  prior to any offer for sale or delivery in this Commonwealth,
6  including sales made online, of the manufacturer's new
7  covered devices and shall pay to the department a
8  registration fee of $5,000.
9      (3)   A registered manufacturer shall submit an annual
10  renewal of its registration to the department and pay to the
11  department a registration fee [of $5,000 by January 1] under
12  paragraph (5) by August 31 of each program year. The
13  registration and each annual renewal shall include a list of
14  all brands the manufacturer is using on its covered devices
15  regardless of whether the manufacturer owns or licenses the
16  brand and shall be effective upon receipt by the department.
17      (4)   Shall A MANUFACTURER SHALL report to the department      <--
18  the total weight of its covered devices sold to consumers
19  during the calendar year two years prior, calculated by
20  multiplying the weight of its covered devices sold nationally
21  times the quotient of this Commonwealth's population divided
22  by the national population.
23      (5)   A manufacturer shall be assessed the following
24  annual registration fee:
25(i)    Manufacturers with reported annual sales weight
26      greater than or equal to 100,000 pounds shall be assessed
27      a registration fee of $10,000.
28(ii)   Manufacturers with reported annual sales weight
29      less than 100,000 pounds and greater than or equal to
30      10,000 pounds shall be assessed a registration fee of
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1$5,000.
2(iii)    Manufacturers with reported annual sales
3weight less than 10,000 pounds and greater than or equal
4to 5,000 pounds shall be assessed a registration fee of
5$1,000.
6(iv)    Manufacturers with reported annual sales weight
7less than 5,000 pounds and greater than or equal to 100
8pounds shall be assessed a registration fee of $500.
9(v)    Manufacturers with reported annual sales weight
10less than 100 pounds and greater than or equal to 1 pound
11shall be assessed a registration fee of $100.
12    * * *
13    Section 4.        Section 305(a)(1), (b)(4) and (6), (c)(2), (d),
14 (f)(1)(i) and (ii) and (g) of the act are amended and the
15 section is amended by adding subsections to read:
16 Section 305.     Manufacturer plan and reporting.
17    (a)   Collection, transportation and recycling plan.--
18(1)   A manufacturer shall establish, conduct and manage a
19    plan to collect, transport and recycle a quantity of covered
20    devices equal to the manufacturer's market share. The plan
21    shall be submitted to the department for review by August 31.
22* * *
23    (a.1)     Market share.--The market share and market share
24 obligation determination shall be in accordance with the
25 following:
26(1)   For each program year, the department shall
27    determine the market share of each manufacturer for covered
28    devices.
29(2)   The department shall calculate a manufacturer's
30    market share for a program year by:
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1(i)    using the total weight of the manufacturer's
2      covered devices sold nationally to consumers for the
3      calendar year two years prior as reported to the
4      department under section 304; and
5(ii)    multiplying the weight under subparagraph (i)
6      by the quotient of this Commonwealth's population divided
7      by the national population for that year; and
8(iii)    dividing the result in subparagraph (ii) by
9      the sum of the results for all manufacturers for the same
10      covered device or covered device category.
11      (3)   The department shall determine each manufacturer's
12  market share obligation for each program year for covered
13  devices by multiplying:
14(i)    the manufacturer's market share as determined
15      under paragraph (2); by
16(ii)    the total weight, in pounds, of covered
17      electronic devices collected from consumers in this
18      Commonwealth in the previous program year as determined
19      by the department; and
20(iii)    any adjustment factor adopted by the
21      department to reflect the amount of covered electronic
22      devices reasonably expected to be collected in the next
23      program year, based upon actual collection amounts in
24      preceding program years.
25      (4)   A manufacturer shall be notified annually by the
26  department of the manufacturer's market share and market
27  share obligation for each program year and covered device.
28      (5)   If a manufacturer fails to submit complete and
29  accurate national sales data required under section 304(a)
30  (4), or if the department determines that the data is
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1    unavailable or unusable, the department may estimate that
2    manufacturer's national sales and market share using one or
3    more of the following sources, as appropriate:
4(i)    National or regional market research reports
5issued by recognized independent firms.
6(ii)    Federal or State statistical publications.
7(iii)    Publicly reported manufacturer or retailer
8sales or shipment data.
9(iv)    Any other credible and reasonably objective
10data source identified by the department by order or
11guidance.
12(6)   Market share and market share obligation
13    determinations made by the department under this subsection
14    shall be based on data treated as confidential to the extent
15    permitted by law. Only the resulting market share percentages
16    and market share obligations shall be public records.
17    (b)   Contents of plan.--The plan required under subsection
18 (a) shall include:
19* * *
20(4)   The intention of the manufacturer or each
21    manufacturer to fulfill its [obligated share] market share
22    obligation under this act, through operation of its own
23    program, either individually or with other manufacturers as a
24    group.
25* * *
26(6)   For an initial plan submitted by a manufacturer or
27    group of manufacturers, an estimate of the [weight] market
28    share and market share obligation of covered devices to be
29    collected during the first program year. The plan shall also
30    include information demonstrating the process by which the
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1    manufacturer or group of manufacturers will increase the
2    collection of the number of covered devices by a minimum of
3    2% [by weight] per year beginning with the second full
4    program year.
5    (c)   Reporting by manufacturers.--
6* * *
7(2)   When a manufacturer or group of manufacturers
8    conducts its own collection, transportation and recycling
9    program for covered devices, the manufacturer or group of
10    manufacturers shall submit a report to the department
11    annually by January 30, beginning the year after the program
12    is initiated. The report shall consist of the total weight
13    and estimated number of covered devices collected from
14    consumers in this Commonwealth by the manufacturer or group
15    of manufacturers during the previous year and documentation
16    verifying collection and recycling of the devices.
17    (d)   Sales data.--National sales data submitted by a
18 manufacturer to the department to fulfill its market share
19 obligations under this act shall be exempt from disclosure under
20 the provisions of the act of February 14, 2008 (P.L.6, No.3),
21 known as the Right-to-Know Law, and shall not be disclosed by
22 the department unless otherwise required by law or court order.
23    * * *
24    (f)   Effect of failure to comply with approved plan.--
25(1)   (i)   If the total weight in pounds of covered
26devices collected, transported and recycled during a
27program year by a manufacturer or group of manufacturers
28is less than the sum of the [obligated shares in weight]
29market share obligations for that program year of each
30manufacturer participating in the plan, the manufacturer
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1or group of manufacturers shall submit to the department
2by March 15 of the following program year a payment to
3cover the cost of collecting, transporting and recycling
4the unmet portion of the sum of the [obligated shares in
5weight] market share obligation.
6(ii)    The payment shall be [equal to the quantity of
7the unmet portion, in pounds, plus an additional 10% of
8such quantity, multiplied by the cost per pound for
9collection, transportation and recycling of covered
10devices] $2 per pound.
11* * *
12    (g)   Multiple manufacturers.--
13(1)   Where more than one person may be deemed the
14    manufacturer of a brand of a covered device, any one or more
15    such persons may assume responsibility for and satisfy the
16    market share obligations of a manufacturer under this act
17    with respect to covered devices bearing that brand.
18(2)   In the event that no person assumes responsibility
19    for and satisfies the market share obligations of a
20    manufacturer under this act with respect to covered devices
21    bearing that brand, for purposes of compliance with these
22    provisions, the responsible party shall be the person who
23    satisfies paragraph (1) of the definition of manufacturer.
24    * * *
25    (i)   Recyclers recordkeeping.--In addition to any other
26 reporting requirements, a recycler handling covered devices
27 under this act shall also keep detailed and certified records of
28 the weights of covered devices handled. The records may be
29 requested by the department at any time.
30    Section 5.     Section 501(1) of the act is amended and the
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1 section is amended by adding paragraphs to read:
2 Section 501.      Duties of department.
3    The department shall:
4(1)   Encourage the use of existing collection and
5    consolidation infrastructure for handling covered devices to
6    the extent that this infrastructure is accessible on a
7    regular and ongoing basis to [at least 85%] 100% of the
8    population of this Commonwealth, is cost effective and meets
9    the environmentally sound management requirements of section
10    506.
11* * *
12(6)   Establish a goal for collections weight annually.
13(7)   Maintain an active list of approved recyclers that
14    have been issued a permit by the department for processing of
15    waste electronics. The list shall be posted on the
16    department's publicly accessible Internet website and shall
17    be updated as soon as permits are issued or expire.
18(8)   Create an online portal or website to inform a
19    covered entity of the covered entity's responsibilities under
20    this act.
21    Section 6.      Sections 502(1) and (2) and 507(a)(1) and (c) of
22 the act are amended to read:
23 Section 502.      Annual report.
24    The department shall prepare and submit annually to the
25 General Assembly and post on its Internet website a report that
26 includes:
27(1)   The total weight and estimated number of covered
28    devices collected in this Commonwealth during the previous
29    calendar year.
30(2)   A complete listing of all manufacturers' collection,
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1    transportation and recycling programs and collection sites
2    operating in this Commonwealth during the prior calendar
3    year[,] and the parties that operated them [and the amount of
4    material by weight collected at each site].
5* * *
6 Section 507.     Enforcement.
7    (a)   Judicial action.--
8(1)   The Commonwealth, through the [Attorney General and
9    the] department, may initiate independent action to enforce
10    any provision of this act, including failure by the
11    manufacturer to submit a plan as required in section 305 or
12    to remit the registration fee pursuant to section 304(a) to
13    the department.
14* * *
15    (c)   Injunctive relief.--A violation of the sales
16 prohibitions of this act may be enjoined in an action in the
17 name of the Commonwealth, brought by the [Attorney General]
18 department.
19    Section 7.     This act shall take effect as follows:
20(1)   The amendment of section 501(1) of the act shall
21    take effect December 31, 2031.
22(2)   This section shall take effect immediately.
23(3)   The remainder of this act shall take effect in 12
24    months.
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