HB 2553 — 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; 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.

PRIOR PRINTER'S NO.

3463 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

36502553 THE2026 GENERALINTRODUCED ASSEMBLYBY OFBOROWSKI, PENNSYLVANIASAPPEY, HOUSEWAXMAN, BILLHOWARD, SessionHOHENSTEIN, MAYES, SANCHEZ, RIVERA, CIRESI, DONAHUE, INGLIS, KINKEAD, CEPEDA-FREYTIZ, MADDEN, CURRY, VITALI, HANBIDGE, FREEMAN, PROKOPIAK AND PROBST, MAY 28, 2026 REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE PROTECTION, MAY 29, 2026 AN ACT Amending the act of No.November 23, 2010 (P.L.1083, No.108), covered devices;

2553imposing 2026duties INTRODUCEDon BYmanufacturers BOROWSKI,and SAPPEY,certain WAXMAN,retailers 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;

in duties of manufacturers and retailers, further providing for sales prohibition, for administration,registration furtherand providing for dutiesmanufacturer ofplan department,in for annual report and forreporting; enforcement.

and, in administration, further providing for duties of department, for annual report and for enforcement.

(2) a device that is functionally or physically a part of or connected to or integrated within equipment or a system 20260HB2553PN3650 - 2 - designed and intended for use in an industrial, governmental, 20260HB2553PN3463 - 2 - 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.

20260HB2553PN3650 - 3 - (7) Fax machine.

20260HB2553PN3463 - 3 - (8) Data bearing wearable consumer device.

(1) No manufacturer or retailer may sell or offer for sale in this Commonwealth a covered device if the brand is 20260HB2553PN3650 - 4 - included on the sales prohibition list.

20260HB2553PN3463 - 4 - (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:

20260HB2553PN3650 - 5 - (2) After January 30, 2011, or six months after the 20260HB2553PN3463 - 5 - 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.

(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.

(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 20260HB2553PN3650 - 6 - $5,000.

20260HB2553PN3463 - 6 - (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.

20260HB2553PN3650 - 7 - (i) using the total weight of the manufacturer's 20260HB2553PN3463 - 7 - covered devices sold nationally to consumers for the calendar year two years prior as reported to the department under section 304;

(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 20260HB2553PN3650 - 8 - unavailable or unusable, the department may estimate that 20260HB2553PN3463 - 8 - manufacturer's national sales and market share using one or more of the following sources, as appropriate:

The plan shall also include information demonstrating the process by which the 20260HB2553PN3650 - 9 - manufacturer or group of manufacturers will increase the 20260HB2553PN3463 - 9 - collection of the number of covered devices by a minimum of 2% [by weight] per year beginning with the second full program year.

* * * (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 20260HB2553PN3650 - 10 - or group of manufacturers shall submit to the department 20260HB2553PN3463 - 10 - 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.

Section 501(1) of the act is amended and the 20260HB2553PN3650 - 11 - section is amended by adding paragraphs to read:

20260HB2553PN3463 - 11 - Section 501.

(2) A complete listing of all manufacturers' collection, 20260HB2553PN3650 - 12 - transportation and recycling programs and collection sites 20260HB2553PN3463 - 12 - 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].

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