(1) The authority and each authorized party shall ensure that each processor used directly by the authority or the authorized party to fulfill the requirements of their respective standard plan or independent plan has provided the authority or the authorized party a written statement that the processor will comply with the requirements of this section and *section 26 of this act.

     (2) The department shall establish by rule performance standards for environmentally sound management for processors directly used to fulfill the requirements of an independent plan or the standard plan. Performance standards may include financial assurance to ensure proper closure of facilities consistent with environmental standards.

     (3) The department shall establish by rule guidelines regarding nonrecycled residual that may be properly disposed after covered electronic products have been processed.

     (4) The department may audit processors that are utilized to fulfill the requirements of an independent plan or the standard plan.

     (5) No plan or program required under this chapter may include the use of federal or state prison labor for processing.

[2006 c 183 § 25.]

NOTES:

     *Reviser's note: Section 26 of this act was vetoed by the governor.