Bill Text: CA AB549 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Recycling: electronic waste.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2012-09-25 - Chaptered by Secretary of State - Chapter 523, Statutes of 2012. [AB549 Detail]

Download: California-2011-AB549-Amended.html

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BILL NUMBER: AB 549	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 2, 2012

INTRODUCED BY   Assembly Member Carter

                        FEBRUARY 16, 2011

   An act to amend Sections  42461,  42463,  and 
42476  , and 42479  of  , to add Section 42461.5
to, and to repeal and add Section 42479 of,  the Public
Resources Code, relating to recycling.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 549, as amended, Carter. Recycling: electronic waste. 
   Existing 
    (1)     Existing  law, the Electronic
Waste Recycling Act of 2003  (act)  , 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. CalRecycle is authorized to make
these payments only if certain conditions are met. 
CalRecycle is required to make these payments to an authorized
collector or covered electronic waste recycler upon receipt of a
completed and verified invoice submitted to CalRecycle in the form
and manner determined by CalRecycle.   Existing law
requires the act to be enforced pursuant to the hazardous waste
control laws, a violation of which, including the making of a false
statement or representation in a document, is a crime. 
   This bill would additionally require, as a condition of making
these payments, that the covered electronic  device for which
the payment is claimed was used in this state. The bill would
authorize CalRecycle to review any documentation required to be
submitted by an authorized collector or covered electronic waste
recycler before making these payments, and to refuse to make these
payments, if CalRecycle determines that the documentation is
incomplete or not in compliance with the act or the regulations
adopted pursuant to the act. The   waste is demonstrated
to have been   generated by a person who used the covered
electronic device while located in this state. The bill would specify
that covered electronic waste generated outside of the state and
subsequently brought into the state is not eligible for payment and
would require CalRecycle to establish documentation requirements
necessary to demonstrate that covered electronic waste was generated
in the state and eligible for payment. Since a false statement or
representation in that document would be a crime, the bill would
impose a state-mandated local program.  
   (2) The act requires CalRecycle, for covered electronic waste
collected for recycling on and after January 1, 2005, to make those
electronic waste recycling and recovery payments for the collection
and recycling of covered electronic waste to an authorized collector
or covered electronic waste recycler, respectively, upon receipt of a
completed and verified invoice submitted to CalRecycle by the
authorized collector or recycler in the form and manner determined by
CalRecycle.  
   This bill would instead require CalRecycle to make those
electronic waste recycling and recovery payments for the collection
and recycling of covered e-waste to an authorized collector or
covered e-waste recycler, respectively, upon completion of CalRecyle'
s review of a payment claim, submitted to CalRecyle in the form and
manner determined by CalRecycle. The bill would also authorize
CalRecycle to conduct a selective audit of authorized collectors,
covered e-waste recyclers, or manufacturers receiving payments from
CalRecycle to determine whether electronic waste recovery or
recycling payments or payments to manufacturers are being made by
CalRecycle according to the requirements of the act and the
regulations adopted pursuant to that act, and would prescribe
procedures for the appeal of CalRecycle's denial or adjustment of a
payment claim by a covered e-waste recycler that is dissatisfied with
CalRecycle's action in that regard. 
    The  bill would also make conforming changes with
reference to CalRecycle. 
   (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


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

   SECTION 1.    Section 42461 of the   Public
Resources Code   is amended to read: 
   42461.  The Legislature finds and declares all of the following:
   (a) The purpose of this chapter is to enact a comprehensive and
innovative system for the reuse, recycling, and proper and legal
disposal of covered electronic devices, and to provide incentives to
design electronic devices that are less toxic, more recyclable, and
that use recycled materials.
   (b) It is the further purpose of this chapter to enact a law that
establishes a program that is cost free and convenient for consumers
and the public to return, recycle, and ensure the safe and
environmentally-sound disposal of covered electronic devices.
   (c) It is the intent of the Legislature that the cost associated
with the handling, recycling, and disposal of covered electronic
devices is the responsibility of the producers and consumers of
covered electronic devices, and not local government or their service
providers, state government, or taxpayers.
   (d) In order to reduce the likelihood of illegal disposal of these
hazardous materials, it is the intent of this chapter to ensure that
any cost associated with the proper management of covered electronic
devices be internalized by the producers and consumers of covered
electronic devices at or before the point of purchase, and not at the
point of discard.
   (e) Manufacturers of covered electronic devices, in working to
achieve the goals and objectives of this chapter, should have the
flexibility to partner with each other and with those public sector
entities and business enterprises that currently provide collection
and processing services to develop and promote a safe and effective
covered electronic device recycling system for California.
   (f) The producers of electronic products, components, and devices
should reduce and, to the extent feasible, ultimately phase out the
use of hazardous materials in those products.
   (g) Electronic products, components, and devices, to the greatest
extent feasible, should be designed for extended life, repair, and
reuse.
   (h) The purpose of the Hazardous Electronic Waste Recycling Act is
to provide sufficient funding for the safe, cost-free, and
convenient collection and recycling of 100 percent of the covered
electronic waste  initially  discarded  or offered
for recycling  in the state, to eliminate electronic waste
stockpiles and legacy devices by December 31, 2007, to end the
illegal disposal of covered electronic devices, to establish
manufacturer responsibility for reporting to the board on the
manufacturer's efforts to phase out hazardous materials in electronic
devices and increase the use of recycled materials, and to ensure
that electronic devices sold in the state do not violate the
regulations adopted by the Department of Toxic Substances Control
pursuant to Section 25214.10 of the Health and Safety Code.
   SEC. 2.    Section 42461.5 is added to the  
Public Resources Code   , to read:  
   42461.5.  (a) The Legislature finds and declares that the changes
made by this act of the 2011-12 Regular Session of the Legislature to
subdivision (h) of Section 42461, subdivision (f) of Section 42476,
and subdivision (a) of Section 42479, clarify and strengthen the
enforcement provisions of the act, so as to implement the Legislature'
s intent when this chapter was first enacted on January 1, 2003.
   (b) The changes specified in subdivision (a) shall not be
interpreted as affecting an administrative or legal enforcement
action that was filed before, or is pending on, January 1, 2013, and
shall not prevent the taking of a legal or administrative enforcement
action that may be brought on or after January 1, 2013, with regard
to any actions taken, or claims filed, before that date. 
   SECTION 1.   SEC. 3.   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.
   (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.
   (e) Notwithstanding Section 40118, "department" means the
Department of Toxic Substances Control.
   (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.
   (g) "Covered electronic waste" or "covered e-waste" means a
covered electronic device that is discarded.
   (h) "Covered electronic waste recycling fee" or "covered e-waste
recycling fee" means the fee imposed pursuant to Article 3
(commencing with Section 42464).
   (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.
   (j) "Discarded" has the same meaning as defined in subdivision (b)
of Section 25124 of the Health and Safety Code.
   (k) "Electronic waste recovery payment" means an amount
established and paid by CalRecycle pursuant to Section 42477.
   (l) "Electronic waste recycling payment" means an amount
established and paid by CalRecycle pursuant to Section 42478.
   (m) "Hazardous material" has the same meaning as defined in
Section 25501 of the Health and Safety Code.
   (n) "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.
   (o) "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.
   (p) "Recycling" has the same meaning as defined in subdivision (a)
of Section 25121.1 of the Health and Safety Code.
   (q) "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.
   (r) "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.
   (s) (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.
   (t) "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.
   (u) "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.
   SEC. 2.   SEC. 4.   Section 42476 of the
Public Resources Code is amended to read:
   42476.  (a) The Electronic Waste  and  Recovery
and Recycling Account is hereby established in the Integrated Waste
Management Fund. All fees collected pursuant to this chapter shall be
deposited in the account. Notwithstanding Section 13340 of the
Government Code, the funds in the account are hereby continuously
appropriated, without regard to fiscal year, for the following
purposes:
   (1) To pay refunds of the covered electronic waste recycling fee
imposed under Section 42464.
   (2) To make electronic waste recovery payments to an authorized
collector of covered electronic waste pursuant to Section 42479.
   (3) To make electronic waste recycling payments to covered
electronic waste recyclers pursuant to Section 42479.
   (4) To make payments to manufacturers pursuant to subdivision
 (g)   (h)  .
   (b) (1) The money in the account may be expended for the following
purposes only upon appropriation by the Legislature in the annual
Budget Act:
   (A) For the administration of this chapter by CalRecycle and the
department.
   (B) To reimburse the State Board of Equalization for its
administrative costs of registering, collecting, making refunds, and
auditing retailers and consumers in connection with the covered
electronic waste recycling fee imposed under Section 42464.
   (C) To provide funding to the department to implement and enforce
Chapter 6.5 (commencing with Section 25100) of Division 20 of the
Health and Safety Code, as that chapter relates to covered electronic
devices, and any regulations adopted by the department pursuant to
that chapter.
   (D) To establish the public information program specified in
subdivision (d).
   (2) Any fines or penalties collected pursuant to this chapter
shall be deposited in the Electronic Waste Penalty Subaccount, which
is hereby established in the account. The funds in the Electronic
Waste Penalty Subaccount may be expended by CalRecycle or the
department only upon appropriation by the Legislature.
   (c) Notwithstanding Section 16475 of the Government Code, any
interest earned upon funds in the Electronic Waste Recovery and
Recycling Account shall be deposited in that account for expenditure
pursuant to this chapter.
   (d) Not more than 1 percent of the funds annually deposited in the
Electronic Waste Recovery and Recycling Account shall be expended
for the purposes of establishing the public information program to
educate the public in the hazards of improper covered electronic
device storage and disposal and on the opportunities to recycle
covered electronic devices.
   (e) CalRecycle shall adopt regulations specifying cancellation
methods for the recovery, processing, or recycling of covered
electronic waste.
   (f) CalRecycle may pay an electronic waste recycling payment or
electronic waste recovery payment  only  for covered
electronic waste  only if   that meets  all
of the following conditions  are met  : 
   (1) (A) The covered electronic waste is demonstrated to have been
generated by a person who used the covered electronic device while
located in this state.  
   (B) Covered electronic waste generated outside of the state and
subsequently brought into the state is not eligible for payment.
 
   (C) CalRecycle shall establish documentation requirements for
purposes of this paragraph that are necessary to demonstrate that the
covered electronic waste was generated in the state and eligible for
payment.  
   (1) 
    (2)  The covered electronic waste, including any
residuals from the processing of the waste, is handled in compliance
with all applicable statutes and regulations. 
   (2) 
    (3)  The manufacturer or the authorized collector or
recycler of the electronic waste  provide  
provides  a cost free and convenient opportunity to recycle
electronic waste, in accordance with the legislative intent specified
in subdivision (b) of Section 42461. 
   (3) 
    (4)  If the covered electronic waste is processed, the
covered electronic waste is processed in this state according to the
cancellation method authorized by CalRecycle. 
   (4) The covered electronic device for which the payment is claimed
was used in this state. 
   (g)  CalRecycle   The Legislature hereby
 declares that the state is a market participant in the business
of the recycling of covered electronic waste for all of the
following reasons:
   (1) The fee is collected from the state's consumers for covered
electronic devices sold for use in the state.
   (2) The purpose of the fee and subsequent payments is to prevent
damage to the public health and the environment from waste generated
in the state.
   (3) The recycling system funded by the fee ensures that
economically viable and sustainable markets are developed and
supported for recovered materials and components in order to conserve
resources and maximize business and employment opportunities within
the state.
   (h) (1) CalRecycle may make a payment to a manufacturer that takes
back a covered electronic device from a consumer in this state for
purposes of recycling the device at a processing facility. The amount
of the payment made by CalRecycle shall equal the value of the
covered electronic waste recycling fee paid for that device. To
qualify for a payment pursuant to this subdivision, the manufacturer
shall demonstrate both of the following to CalRecycle:
   (A) The covered electronic device for which payment is claimed was
used in this state.
   (B) The covered electronic waste for which a payment is claimed,
including any residuals from the processing of the waste, has been,
and will be, handled in compliance with all applicable statutes and
regulations.
   (2) A covered electronic device for which a payment is made under
this subdivision is not eligible for an electronic waste recovery
payment or an electronic waste recycling payment under Section 42479.

  SEC. 3.    Section 42479 of the Public Resources
Code is amended to read:
   42479.  (a) (1) (A) For covered electronic waste collected for
recycling on and after January 1, 2005, CalRecycle shall make
electronic waste recovery payments and electronic waste recycling
payments for the collection and recycling of covered electronic waste
to an authorized collector or covered electronic waste recycler,
respectively, upon receipt of a completed and verified invoice
submitted to CalRecycle by the authorized collector or recycler in
the form and manner determined by CalRecycle.
   (B) CalRecycle may review any documentation required to be
submitted by an authorized collector or covered electronic waste
recycler before making a payment authorized by this chapter.
CalRecycle may refuse to make a payment pursuant to this chapter if
it determines the documentation submitted by an authorized collector
or covered electronic waste recycler is incomplete or otherwise not
in compliance with this chapter or the regulations adopted pursuant
to this chapter.
   (2) To the extent authorized pursuant to Section 42477, a covered
electronic waste recycler shall make the electronic waste recovery
payments to an authorized collector upon receipt of a completed and
verified invoice submitted to the recycler by the authorized
collector in the form and manner determined by CalRecycle.
   (b) An e-waste recycler is eligible for a payment pursuant to this
section only if the e-waste recycler meets all of the following
requirements:
   (1) The e-waste recycler is in compliance with applicable
requirements of Article 6 (commencing with Section 66273.70) of
Chapter 23 of Division 4.5 of Title 22 of the California Code of
Regulations.
   (2) The e-waste recycler demonstrates to CalRecycle that any
facility utilized by the e-waste recycler for the handling,
processing, refurbishment, or recycling of covered electronic devices
meets all of the following standards:
   (A) The facility has been inspected by the department within the
past 12 months and had been found to be operating in conformance with
all applicable laws, regulations, and ordinances.
   (B) The facility is accessible during normal business hours for
unannounced inspections by state or local agencies.
   (C) The facility has health and safety, employee training, and
environmental compliance plans and certifies compliance with the
plans.
   (D) The facility meets or exceed the standards specified in
Chapter 1 (commencing with Section 1171) of Part 4 of Division 2,
Division 4 (commencing with Section 3200), and Division 5 (commencing
with Section 6300), of the Labor Code or, if all or part of the work
is to be performed in another state, the equivalent requirements of
that state. 
   SEC. 5.    Section 42479 of the   Public
Resources Code   is repealed.  
   42479.  (a) (1) For covered electronic waste collected for
recycling on and after January 1, 2005, the board shall make
electronic waste recovery payments and electronic waste recycling
payments for the collection and recycling of covered electronic waste
to an authorized collector or covered electronic waste recycler,
respectively, upon receipt of a completed and verified invoice
submitted to the board by the authorized collector or recycler in the
form and manner determined by the board.
   (2) To the extent authorized pursuant to Section 42477, a covered
electronic waste recycler shall make the electronic waste recovery
payments to an authorized collector upon receipt of a completed and
verified invoice submitted to the recycler by the authorized
collector in the form and manner determined by the board.
   (b) An e-waste recycler is eligible for a payment pursuant to this
section only if the e-waste recycler meets all of the following
requirements:
   (1) The e-waste recycler is in compliance with applicable
requirements of Article 6 (commencing with Section 66273.70) of
Chapter 23 of Division 4.5 of Title 22 of the California Code of
Regulations.
   (2) The e-waste recycler demonstrates to the board that any
facility utilized by the e-waste recycler for the handling,
processing, refurbishment, or recycling of covered electronic devices
meets all of the following standards:
   (A) The facility has been inspected by the department within the
past 12 months and had been found to be operating in conformance with
all applicable laws, regulations, and ordinances.
   (B) The facility is accessible during normal business hours for
unannounced inspections by state or local agencies.
   (C) The facility has health and safety, employee training, and
environmental compliance plans and certifies compliance with the
plans.
   (D) The facility meets or exceed the standards specified in
Chapter 1 (commencing with Section 1171) of Part 4 of Division 2,
Division 4 (commencing with Section 3200), and Division 5 (commencing
with Section 6300), of the Labor Code or, if all or part of the work
is to be performed in another state, the equivalent requirements of
that state. 
   SEC. 6.    Section 42479 is added to the  
Public Resources Code   , to read:  
   42479.  (a) (1) For covered electronic waste collected for
recycling on and after January 1, 2005, CalRecycle shall make
electronic waste recovery payments and electronic waste recycling
payments for the collection and recycling of covered e-waste to an
authorized collector or covered e-waste recycler, respectively, upon
completion of CalRecycle's review of a payment claim submitted to
CalRecycle by the authorized collector or e-waste recycler in the
form and manner determined by CalRecycle. CalRecycle may examine a
payment claim for a period of not more than 90 days from the date of
receipt of the payment claim to validate the claim's completeness,
accuracy, truthfulness, and compliance with applicable laws and
regulations. All of the following shall be considered official
records for purposes of Section 1280 of the Evidence Code:
   (A) The results of a payment claim review or subsequent payment
claim audit.
   (B) Written information compiled by CalRecycle during a claim
review or subsequent claim audit.
   (2) To the extent authorized by Section 42477, a covered e-waste
recycler shall make the electronic waste recovery payments to an
authorized collector upon receipt of a completed and verified invoice
submitted to the recycler by the authorized collector in the form
and manner determined by the CalRecycle.
   (b) A covered e-waste recycler is eligible for a payment pursuant
to this section only if the covered e-waste recycler meets all of the
following requirements:
   (1) The covered e-waste recycler is in compliance with applicable
requirements of Article 6 (commencing with Section 66273.70) of
Chapter 23 of Division 4.5 of Title 22 of the California Code of
Regulations.
   (2) The covered e-waste recycler demonstrates to CalRecycle that a
facility utilized by the covered e-waste recycler for the handling,
processing, refurbishment, or recycling of covered electronic devices
meets all of the following standards:
   (A) The facility has been inspected by the department within the
past 12 months and had been found to be operating in conformance with
all applicable laws, regulations, and ordinances.
   (B) The facility is accessible during normal business hours for
unannounced inspections by state or local agencies.
   (C) The facility has health and safety, employee training, and
environmental compliance plans and certifies compliance with the
plans.
   (D) The facility meets or exceeds the standards specified in
Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of,
Division 4 (commencing with Section 3200) of, and Division 5
(commencing with Section 6300) of, the Labor Code or, if all or part
of the work is to be performed in another state, the equivalent
requirements of that state.
                                                                  (c)
CalRecycle may conduct a selective audit of authorized collectors,
covered e-waste recyclers, or manufacturers receiving payments from
CalRecycle to determine whether electronic waste recovery payments,
electronic waste recycling payments, or payments to manufacturers are
being paid by CalRecycle according to the requirements of this
chapter and the regulations adopted pursuant to this chapter.
CalRecycle may collect and recover from authorized collectors,
covered e-waste recyclers, or manufacturers, with interest, any
moneys improperly paid.
   (d) (1) A covered e-waste recycler that is dissatisfied with
CalRecycle's denial or adjustment of a payment claim may appeal that
action by filing a written appeal at the offices of CalRecycle within
30 days of the date of the notice denying or adjusting the claim.
   (2) An appeal shall contain the covered e-waste recycler's name
and identification number from its proof of approval, the month and
year in question, a copy of the payment claim and the notice denying
the claim, a state of the facts and the law forming the basis for
appeal, a description of why CalRecyle's actions were in error, and
any other documentation that supports the appeal.
   (3) An appeal that is received by CalRecycle after 30 days from
the date of the notice denying or adjusting the claim, or that lacks
the required content, shall be denied by CalRecyle without a hearing
or further consideration of the appeal.
   (4) The hearing shall be before CalRecycle's director or designee,
who shall issue a written decision stating the factual and legal
basis for the decision. 
   SEC. 7.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.