LD 743
pg. 7
Page 6 of 8 An Act To Protect Public Health and the Environment through the Collection and ... Page 8 of 8
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LR 1194
Item 1

 
Organisation for Economic Co-operation and Development or
successor organization.

 
1319-HH.__State procurement and purchasing

 
Within 6 months following the effective date of this
section, the State and each of its departments and agencies
shall establish purchasing and procurement policies requiring
producers of electronic equipment sold to the State to take
back electronic waste.__State purchasing and procurement
policies must also establish a preference for electronic
equipment that meets specified environmental performance
standards relating to the reduction or elimination of
hazardous materials.__Rules adopted pursuant to this section
are routine technical rules as defined in Title 5, chapter
375, subchapter 2-A.

 
1319-II.__Reporting; monitoring; compliance; penalties

 
1.__Performance report.__A report detailing performance of a
producer's program pursuant to subsection 1319-CC, and
detailing compliance with all the requirements of this
subchapter must be submitted annually to the department.__The
department shall review a report within 6 months of its
submission and provide notice of deficiency or noncompliance
to producers by the end of the following quarter.

 
2.__Public availability of reports.__Annual reports required
under this section must be made available to the public
through the Internet.

 
3.__Oversight and advisory committee.__The department may
establish a multistakeholder oversight and advisory committee
to oversee program implementation of a program pursuant to
section 1319-CC and review annual reports submitted pursuant
to subsection 1.

 
1319-JJ.__Private right of enforcement

 
An individual may maintain an action to enforce the
provisions and requirements of this subchapter against any
governmental or private party for declaratory and equitable
relief, civil penalties and restoration damages in order to
protect the public health and environment of the State from
pollution, impairment or destruction resulting from electronic
waste.__The court may award the full costs of litigation,
including, but not limited to, reasonable expert witness and
attorney's fees, to the plaintiff if the plaintiff prevails.__
This provision is supplementary to existing rights and
procedures provided by law.


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