Bill Text: CA AB468 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Medi-Cal: nondesignated public hospitals.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed - Dead) 2014-08-04 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. Withdrawn from committee. Re-referred to Com. on RLS. [AB468 Detail]

Download: California-2013-AB468-Introduced.html

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BILL NUMBER: AB 468	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Chesbro

                        FEBRUARY 19, 2013

   An act to amend Section 42463 of the Public Resources Code,
relating to recycling.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 468, as introduced, Chesbro. Recycling: electronic waste.
   Existing law, the Electronic Waste Recycling Act of 2003, requires
a retailer selling a covered electronic device in this state to
collect a covered electronic waste recycling fee from the consumer,
as specified. These fees are deposited in the Electronic Waste
Recovery and Recycling Account, and the Department of Resources
Recycling and Recovery (CalRecycle) is continuously appropriated the
money in the account to, among other things, make electronic waste
recovery payments and recycling payments.
   The bill would make conforming changes with reference to
CalRecycle.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 42463 of the Public Resources Code is amended
to read:
   42463.  For the purposes of this chapter, the following terms have
the following meanings, unless the context clearly requires
otherwise:
   (a) "Account" means the Electronic Waste Recovery and Recycling
Account created in the Integrated Waste Management Fund under Section
42476.
   (b) "Authorized collector" means any of the following:
   (1) A city, county, or district that collects covered electronic
devices.
   (2) A person or entity that is required or authorized by a city,
county, or district to collect covered electronic devices pursuant to
the terms of a contract, license, permit, or other written
authorization.
   (3) A nonprofit organization that collects or accepts covered
electronic devices.
   (4) A manufacturer or agent of the manufacturer that collects,
consolidates, and transports covered electronic devices for recycling
from consumers, businesses, institutions, and other generators.
   (5) An entity that collects, handles, consolidates, and transports
covered electronic devices and has filed applicable notifications
with the department pursuant to Chapter 23 (commencing with Section
66273.1) of Division 4.5 of Title 22 of the California Code of
Regulations. 
   (c) "CalRecycle" means the Department of Resources Recycling and
Recovery.  
   (c) 
    (d)    "Consumer" means a person who purchases
a new or refurbished covered electronic device in a transaction that
is a retail sale or in a transaction to which a use tax applies
pursuant to Part 1 (commencing with Section 6001) of Division 2 of
the Revenue and Taxation Code. 
   (d)
    (e)  Notwithstanding Section 40118, "department" means
the Department of Toxic Substances Control. 
   (e) 
    (f)  (1) Except as provided in paragraph (2), "covered
electronic device" means a video display device containing a screen
greater than four inches, measured diagonally, that is identified in
the regulations adopted by the department pursuant to subdivision (b)
of Section 25214.10.1 of the Health and Safety Code.
   (2) "Covered electronic device" does not include any of the
following:
   (A) A video display device that is a part of a motor vehicle, as
defined in Section 415 of the Vehicle Code, 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.
   (B) A video display device that is contained within, or a part of
a piece of industrial, commercial, or medical equipment, including
monitoring or control equipment.
   (C) A video display 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, or air purifier.
   (D) An electronic device, on and after the date that it ceases to
be a covered electronic device under subdivision (e) of Section
25214.10.1 of the Health and Safety Code. 
   (f) 
    (g)  "Covered electronic waste" or "covered e-waste"
means a covered electronic device that is discarded. 
   (g) 
    (h)  "Covered electronic waste recycling fee" or
"covered e-waste recycling fee" means the fee imposed pursuant to
Article 3 (commencing with Section 42464). 
   (h) 
    (   i)  "Covered electronic waste recycler" or
"covered e-waste recycler" means any of the following:
   (1) A person who engages in the manual or mechanical separation of
covered electronic devices to recover components and commodities
contained therein for the purpose of reuse or recycling.
   (2) A person who changes the physical or chemical composition of a
covered electronic device, in accordance with the requirements of
Chapter 6.5 (commencing with Section 25100) of Division 20 of the
Health and Safety Code and the regulations adopted pursuant to that
chapter, by deconstructing, size reduction, crushing, cutting,
sawing, compacting, shredding, or refining for purposes of
segregating components, for purposes of recovering or recycling those
components, and who arranges for the transport of those components
to an end user.
   (3) A manufacturer who meets any conditions established by this
chapter and Chapter 6.5 (commencing with Section 25100) of Division
20 of the Health and Safety Code for the collection or recycling of
covered electronic waste. 
   (i) 
    (   j)  "Discarded" has the same meaning as
defined in subdivision (b) of Section 25124 of the Health and Safety
Code. 
   (j) 
    (k)  "Electronic waste recovery payment" means an amount
established and paid by  the Department of Resources
Recycling and Recovery   CalRecycle  pursuant to
Section 42477. 
   (k) 
    (l)  "Electronic waste recycling payment" means an
amount established and paid by  the Department of Resources
Recycling and Recovery   CalRecycle  pursuant to
Section 42478. 
   (l) 
    (m)  "Hazardous material" has the same meaning as
defined in Section 25501 of the Health and Safety Code. 
   (m) 
    (o)  "Manufacturer" means either of the following:
   (1) A person who manufactures a covered electronic device sold in
this state.
   (2) A person who sells a covered electronic device in this state
under that person's brand name. 
   (n) 
    (p)  "Person" means an individual, trust firm, joint
stock company, business concern, and corporation, including, but not
limited to, a government corporation, partnership, limited liability
company, and association. Notwithstanding Section 40170, "person"
also includes a city, county, city and county, district, commission,
the state or a department, agency, or political subdivision thereof,
an interstate body, and the United States and its agencies and
instrumentalities to the extent permitted by law. 
   (o) 
    (q)  "Recycling" has the same meaning as defined in
subdivision (a) of Section 25121.1 of the Health and Safety Code.

   (p) 
    (r)  "Refurbished," when used to describe a covered
electronic device, means a device that the manufacturer has tested
and returned to a condition that meets factory specifications for the
device, has repackaged, and has labeled as refurbished. 
   (q) 
    (s)  "Retailer" means a person who makes a retail sale
of a new or refurbished covered electronic device. "Retailer"
includes a manufacturer of a covered electronic device who sells that
covered electronic device directly to a consumer through any means,
including, but not limited to, a transaction conducted through a
sales outlet, catalog, or the Internet, or any other similar
electronic means. 
   (r) 
    (t)  (1) "Retail sale" has the same meaning as defined
under Section 6007 of the Revenue and Taxation Code.
   (2) "Retail sale" does not include the sale of a covered
electronic device that is temporarily stored or used in California
for the sole purpose of preparing the covered electronic device for
use thereafter solely outside the state, and that is subsequently
transported outside the state and thereafter used solely outside the
state. 
   (s) 
    (u)    "Vendor" means a person that makes a
sale of a covered electronic device for the purpose of resale to a
retailer who is the lessor of the covered electronic device to a
consumer under a lease that is a continuing sale and purchase
pursuant to Part 1 (commencing with Section 6001) of Division 2 of
the Revenue and Taxation Code. 
   (t) 
    (v)  "Video display device" means an electronic device
with an output surface that displays, or is capable of displaying,
moving graphical images or a visual representation of image sequences
or pictures, showing a number of quickly changing images on a screen
in fast succession to create the illusion of motion, including, if
applicable, a device that is an integral part of the display, in that
it cannot be easily removed from the display by the consumer, that
produces the moving image on the screen. A video display device may
use, but is not limited to, a cathode ray tube (CRT), liquid crystal
display (LCD), gas plasma, digital light processing, or other image
projection technology.