BILL NUMBER: AB 583 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Knight
FEBRUARY 16, 2011
An act to amend Section 25214.9 of the Health and Safety Code, and
to amend Sections 42463, 42464, 42465, 42465.2, 42474, 42475,
42475.2, 42475.3, 42475.4, 42476, 42476.5, 42477, 42478, 42479, and
42485 of, and to repeal Section 42474.5 of, the Public Resources
Code, relating to recycling.
LEGISLATIVE COUNSEL'S DIGEST
AB 583, as introduced, Knight. Electronic waste: administration.
Under existing law, the Electronic Waste Recycling Act of 2003
requires a retailer selling a covered electronic device in this state
to collect an electronic waste recycling fee and to transmit the fee
to the Department of Resources Recycling and Recovery (CalRecycle).
Existing law provides for the administration of the act by both
CalRecycle and the Department of Toxic Substances Control (DTSC) and
imposes specified duties upon the DTSC with regard to providing
notice of exports and the inspection of e-waste recycling facilities.
Existing law requires CalRecycle and the DTSC to deposit the fees
and fines collected under the act in the Electronic Waste Recovery
and Recycling Account and authorizes CalRecycle and the DTSC to
expend the moneys deposited in the account, upon appropriation by the
Legislature, to administer the act and other provisions regulating
covered electronic devices. Existing law incorporates the provisions
of the act into the hazardous waste control laws.
The hazardous waste control laws require the DTSC to adopt
regulations for identifying covered electronic devices that are
hazardous waste when discarded.
This bill would transfer the duties, powers, and authority of the
DTSC under the act to CalRecycle and would require the employees of
the DTSC who are serving in the state civil service for purposes of
carrying out the duties, powers, purposes, and responsibilities of
the DTSC under the act to be transferred to CalRecycle, except with
regard to the identification of those devices that are hazardous
waste. The bill would delete the provision authorizing the
enforcement of the act under the hazardous waste control laws and
would make conforming changes with regard to the transfer of this
authority.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25214.9 of the Health and Safety Code is
amended to read:
25214.9. (a) The requirements and other provisions of
Chapter 8.5 (commencing with Section 42460) of Part 3 of Division 30
of the Public Resources Code are incorporated by reference as
requirements and provisions of this chapter.
(b) To the extent consistent
with the federal act, the department may, by regulation, establish
management standards as an alternative to one or more of the
standards in this chapter, for any specified activity that involves
the management of an electronic waste.
SEC. 2. 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) "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 board CalRecycle
pursuant to Section 42477.
(k)
(l) "Electronic waste recycling payment" means an
amount established and paid by the board
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)
(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.
(n)
(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.
(o)
(p) "Recycling" has the same meaning as defined in
subdivision (a) of Section 25121.1 of the Health and Safety Code.
(p)
(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.
(q)
(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.
(r)
(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.
(s)
(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.
(t)
(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. 3. Section 42464 of the Public Resources Code is amended to
read:
42464. (a) On and after January 1, 2005, or as otherwise provided
by Section 25214.10.1 of the Health and Safety Code, a consumer
shall pay a covered electronic waste recycling fee upon the purchase
of a new or refurbished covered electronic device, in the following
amounts:
(1) Six dollars ($6) for each covered electronic device with a
screen size of less than 15 inches measured diagonally.
(2) Eight dollars ($8) for each covered electronic device with a
screen size greater than or equal to 15 inches but less than 35
inches measured diagonally.
(3) Ten dollars ($10) for each covered electronic device with a
screen size greater than or equal to 35 inches measured diagonally.
(b) Except as provided in subdivision (d), a retailer shall
collect from the consumer a covered electronic waste recycling fee at
the time of the retail sale of a covered electronic device.
(c) (1) A retailer may retain 3 percent of the covered electronic
waste recycling fee as reimbursement for all costs associated with
the collection of the fee and shall transmit the remainder of the fee
to the state pursuant to Section 42464.4.
(2) If a retailer makes an election pursuant to paragraph (2) of
subdivision (d), and the conditions of subparagraphs (A), (B), and
(C) of paragraph (2) of subdivision (d) are met, the vendor, in lieu
of the retailer, may retain 3 percent of the covered electronic waste
recycling fee as reimbursement for all costs associated with the
collection of the fee and the vendor shall transmit the remainder of
the fee to the state pursuant to Section 42464.4.
(d) (1) If a retailer elects to pay the covered electronic waste
recycling fee on behalf of the consumer, the retailer shall provide
an express statement to that effect on the receipt given to the
consumer at the time of sale. If a retailer elects to pay the covered
electronic waste recycling fee on behalf of the consumer, the fee is
a debt owed by the retailer to the state, and the consumer is not
liable for the fee.
(2) A retailer may elect to pay the covered electronic waste
recycling fee on behalf of the consumer by paying the covered
electronic waste recycling fee to the retailer's vendor, but only if
all of the following conditions are met:
(A) The vendor is registered with the State Board of Equalization
to collect and remit the covered electronic waste recycling fee
pursuant to this chapter.
(B) The vendor holds a valid seller's permit pursuant to Article 2
(commencing with Section 6066) of Chapter 2 of Part 1 of Division 2
of the Revenue and Taxation Code.
(C) The retailer pays the covered electronic waste recycling fee
to the vendor that is separately stated on the vendor's invoice to
the retailer.
(D) The retailer provides an express statement on the invoice,
contract, or other record documenting the sale that is given to the
consumer, that the covered electronic waste recycling fee has been
paid on behalf of the consumer.
(3) For the purpose of making the election in paragraph (2), if
the conditions set forth in subparagraphs (A), (B), (C), and (D) of
paragraph (2), are met, the covered electronic waste recycling fee is
a debt owed by the vendor to the state, and the retailer is not
liable for the fee.
(e) The retailer shall separately state the covered electronic
waste recycling fee on the receipt given to the consumer at the time
of sale.
(f) On or before August 1, 2005, and, thereafter, no more
frequently than annually, and no less frequently than biennially,
the board CalRecycle , in collaboration
with the department, shall review, at a public hearing, the covered
electronic waste recycling fee and shall make any adjustments to the
fee to ensure that there are sufficient revenues in the account to
fund the covered electronic waste recycling program established
pursuant to this chapter. Adjustments to the fee that are made on or
before August 1, shall apply to the calendar year beginning the
following January 1. The board CalRecycle
shall base an adjustment of the covered electronic waste
recycling fee on both of the following factors:
(1) The sufficiency, and any surplus, of revenues in the account
to fund the collection, consolidation, and recycling of covered
electronic waste that is projected to be recycled in the state.
(2) The sufficiency of revenues in the account for the
board CalRecycle and the department to
administer, enforce, and promote the program established pursuant to
this chapter, plus a prudent reserve not to exceed 5 percent of the
amount in the account.
SEC. 4. Section 42465 of the Public Resources Code is amended to
read:
42465. On and after the date specified in subdivision (a) of
Section 42464, a person shall not sell a new or refurbished covered
electronic device to a consumer in this state if the board
CalRecycle or the department
determines that the manufacturer of that covered electronic device is
not in compliance with this chapter or as provided otherwise by
Section 25214.10.1 of the Health and Safety Code.
SEC. 5. Section 42465.2 of the Public Resources Code is amended to
read:
42465.2. (a) On or before July 1, 2005, or as specified otherwise
in Section 25214.10.1 of the Health and Safety Code, and at least
once annually thereafter as determined by the board
CalRecycle , each manufacturer of a covered
electronic device sold in this state shall do all of the following:
(1) Submit to the board CalRecycle a
report that includes all of the following information:
(A) An estimate of the number of covered electronic devices sold
by the manufacturer in the state during the previous year.
(B) A baseline or set of baselines that show the total estimated
amounts of mercury, cadmium, lead, hexavalent chromium, and PBB's
used in covered electronic devices manufactured by the manufacturer
in that year and the reduction in the use of those hazardous
materials from the previous year.
(C) A baseline or set of baselines that show the total estimated
amount of recyclable materials contained in covered electronic
devices sold by the manufacturer in that year and the increase in the
use of those recyclable materials from the previous year.
(D) A baseline or a set of baselines that describe any efforts to
design covered electronic devices for recycling and goals and plans
for further increasing design for recycling.
(E) A list of those retailers, including, but not limited to,
Internet and catalog retailers, to which the manufacturer provided a
notice in the prior 12 months pursuant to Section 42465.3 and
subdivision (c) of Section 25214.10.1 of the Health and Safety Code.
(2) Make information available to consumers, that describes where
and how to return, recycle, and dispose of the covered electronic
device and opportunities and locations for the collection or return
of the device, through the use of a toll-free telephone number,
Internet Web site, information labeled on the device, information
included in the packaging, or information accompanying the sale of
covered electronic device.
(b) (1) For the purposes of complying with paragraph (1) of
subdivision (a), a manufacturer may submit a report to the
board CalRecycle that includes only those
covered electronic devices that include applications of the compounds
listed in subparagraph (B) of paragraph (1) of subdivision (a) that
are exempt from the Directive 2002/95/EC adopted by the European
Parliament and the Council of the European Union on January 27, 2003,
and any amendments made to that directive, if both of the following
conditions are met, as modified by Section 24214.10 of the Health and
Safety Code:
(A) The manufacturer submits written verification to the
department that demonstrates, to the satisfaction of the department,
that the manufacturer is in compliance with Directive 2002/95/EC, and
any amendments to that directive, for those covered electronic
devices for which it is not submitting a report to the board
CalRecycle pursuant to this subdivision.
(B) The department certifies that the manufacturer is in
compliance with Directive 2002/95/EC, and any amendments to that
directive, for those covered electronic devices for which the
manufacturer is not submitting a report to the board pursuant to this
subdivision.
(2) When reporting pursuant to this subdivision, a manufacturer is
required only to report on specific applications of compounds used
in covered electronic devices that are exempt from Directive
2002/95/EC.
(c) Any information submitted to the board
CalRecycle pursuant to subdivision (a) that is proprietary in
nature or a trade secret shall be subject to protection under state
laws and regulations governing that information.
SEC. 6. Section 42474 of the Public Resources Code is amended to
read:
42474. (a) Civil liability in an amount of up to two thousand
five hundred dollars ($2,500) per offense may be administratively
imposed by the board CalRecycle for each
sale of a covered electronic device for which a covered electronic
waste recycling fee has not been paid pursuant to Section 42464.
(b) A civil penalty in an amount of up to five thousand dollars
($5,000) per offense may be imposed by a superior court for each sale
of a covered electronic device for which a covered electronic waste
recycling fee has not been paid pursuant to Section 42464.
(c) Civil liability in an amount of up to twenty-five thousand
dollars ($25,000) may be administratively imposed by the
board CalRecycle against manufacturers for
failure to comply with this chapter, except as otherwise provided in
subdivision (a).
SEC. 7. Section 42474.5 of the Public Resources Code is repealed.
42474.5. This chapter and all regulations adopted pursuant to
this chapter may be enforced by the department pursuant to Chapter
6.5 (commencing with Section 25100) of Division 20 of the Health and
Safety Code.
SEC. 8. Section 42475 of the Public Resources Code is amended to
read:
42475. (a) The board CalRecycle
shall administer and enforce this chapter in consultation
with the department .
(b) The board and the department
CalRecycle may adopt regulations pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code that are necessary to implement this chapter,
and any other regulations that the board and the department
CalRecycle determines are necessary to implement
the provisions of this chapter in a manner that is enforceable.
(c) The board CalRecycle shall adopt
regulations pursuant to Chapter 3.5 (commencing with Section 11340)
of Part 1 of Division 3 of Title 2 of the Government Code that ensure
the protection of any proprietary information submitted to
the board CalRecycle by a manufacturer of
covered electronic devices.
(d) The board and the department
CalRecycle may prepare, publish, or issue any materials that
the board or department CalRecycle
determines to be necessary for the dissemination of information
concerning the activities of the board or department
CalRecycle under this chapter.
(e) In carrying out this chapter, the board and the
department CalRecycle may solicit and use any
and all expertise available in other state agencies, including, but
not limited to, the department , the Department of
Conservation, and the State Board of Equalization.
(f) As of January 1, 2012, all employees of the department who are
serving in the state civil service, other than as temporary
employees, and who as of December 31, 2011, were employed with the
department for purposes of carrying out the duties, powers, purposes,
and responsibilities of the department under this chapter shall be
transferred to CalRecycle, in the same manner as provided for the
transfer of employees by subdivision (b) of Section 40401, unless the
employee serves in the capacity of carrying out Sections 25214.10.1
and 25214.10.2 of the Health and Safety Code.
SEC. 9. Section 42475.2 of the Public Resources Code is amended to
read:
42475.2. (a) The board and the department
CalRecycle may each adopt regulations to
implement and enforce this chapter as emergency regulations.
(b) The emergency regulations adopted pursuant to this chapter
shall be adopted in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, and for the purposes of that chapter, including Section 11349.6
of the Government Code, the adoption of these regulations is an
emergency and shall be considered by the Office of Administrative Law
as necessary for the immediate preservation of the public peace,
health, safety, and general welfare. Notwithstanding Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, any emergency regulations adopted by
the board or the department CalRecycle pursuant
to this section shall be filed with, but not be repealed by, the
Office of Administrative Law and shall remain in effect for a period
of two years or until revised by or the board the department
CalRecycle , whichever occurs sooner.
SEC. 10. Section 42475.3 of the Public Resources Code is amended
to read:
42475.3. The board CalRecycle in
collaboration with the department shall convene a covered electronic
waste working group comprised of representatives from manufacturers
of covered electronic devices and other interested parties to develop
and, by July 1, 2005, advise the board
CalRecycle and the State and Consumer Services Agency on
environmental purchasing criteria that may be used by state agencies
to identify covered electronic devices with reduced environmental
impacts. In defining criteria, the group shall consider the
environmental impacts of products over their entire life cycle, as
well as tradeoffs in other product attributes such as safety, product
functionality, and cost. The group shall also consider any federal
product evaluation or rating system, or market based system to
promote the development and sale of environmentally conscious
products.
SEC. 11. Section 42475.4 of the Public Resources Code is amended
to read:
42475.4. (a) The board CalRecycle
shall annually establish, and update as necessary, statewide
recycling goals for covered electronic waste. In implementing this
section, the board CalRecycle shall do
all of the following:
(1) Post on its Web site information on the amount of covered
electronic devices sold in the state in the previous year as reported
to the board CalRecycle .
(2) Post on its Web site information on the amount of covered
electronic waste recycled in the state in the previous year as
reported to the board CalRecycle .
(3) Develop and adopt recycling goals, with input from
manufacturers, retailers, covered electronic waste recyclers, and
collectors, that reflect projections of covered electronic device
sales, rates of obsolescence, and stockpiles.
(b) Nothing in this This section
authorizes the board does not authorize
CalRecycle to establish any recycling rates or dates by which a
manufacturer of covered electronic devices shall comply with this
chapter , or to impose any other recycling goal or
target on a manufacturer of those devices.
SEC. 12. 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).
(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 the board
and the department CalRecycle .
(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 Sections 25214.10.1 and
25214.10.2 of the Health and Safety Code .
(D)
(C) 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 the board or
department CalRecycle 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) The board CalRecycle shall adopt
regulations specifying cancellation methods for the recovery,
processing, or recycling of covered electronic waste.
(f) The board CalRecycle may pay an
electronic waste recycling payment or electronic waste recovery
payment for covered electronic waste only if all of the following
conditions are met:
(1) The covered electronic waste, including any residuals from the
processing of the waste, is handled in compliance with all
applicable statutes and regulations.
(2) The manufacturer or the authorized collector or recycler of
the electronic waste provide provides a
cost free cost-free and convenient
opportunity to recycle electronic waste, in accordance with the
legislative intent specified in subdivision (b) of Section 42461.
(3) If the covered electronic waste is processed, the covered
electronic waste is processed in this state according to the
cancellation method authorized by the board
CalRecycle .
(4) The board CalRecycle declares
that the state is a market participant in the business of the
recycling of covered electronic waste for all of the following
reasons:
(A) The fee is collected from the state's consumers for covered
electronic devices sold for use in the state.
(B) 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.
(C) 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.
(g) (1) The board 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 the board 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 the board 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. 13. Section 42476.5 of the Public Resources Code is amended
to read:
42476.5. A person who exports covered electronic waste, or a
covered electronic device intended for recycling or disposal, to a
foreign country, or to another state for ultimate export to a foreign
country, shall do all of the following at least 60 days prior to
export:
(a) Notify the department CalRecycle
of the destination, disposition, contents, and volume of the waste,
or device intended for recycling or disposal to be exported, and
include with the notification the demonstrations required pursuant to
subdivisions (b) to (e), inclusive.
(b) Demonstrate that the waste or device is being exported for the
purposes of recycling or disposal.
(c) Demonstrate that the importation of the waste or device is not
prohibited by an applicable law in the state or country of
destination and that any import will be conducted in accordance with
all applicable laws. As part of this demonstration, required import
and operating licenses, permits, or other appropriate authorization
documents shall be forwarded to the department
CalRecycle .
(d) Demonstrate that the exportation of the waste or device is
conducted in accordance with applicable United States or applicable
international law.
(e) (1) Demonstrate that the waste or device will be managed
within the country of destination only at facilities whose operations
meet or exceed the binding decisions and implementing guidelines of
the Organization for Economic Cooperation and Development for the
environmentally sound management of the waste or device being
exported.
(2) The demonstration required by this subdivision applies to any
country of destination, notwithstanding that the country is not a
member of the Organization for Economic Cooperation and Development.
SEC. 14. Section 42477 of the Public Resources Code is amended to
read:
42477. (a) On July 1, 2004, or as specified otherwise in Section
25214.10.1 of the Health and Safety Code, and on July 1 every two
years thereafter, the board in collaboration with the
department CalRecycle shall establish an
electronic waste recovery payment schedule for covered electronic
wastes generated in this state to cover the net cost for an
authorized collector to operate a free and convenient system for
collecting, consolidating and transporting covered electronic wastes
generated in this state.
(b) The board CalRecycle
shall make the electronic waste recovery payments either directly to
an authorized collector or to a covered electronic waste recycler for
payment to an authorized collector pursuant to this article.
SEC. 15. Section 42478 of the Public Resources Code is amended to
read:
42478. (a) Except as provided in subdivision (b), on July 1,
2004, or as specified otherwise in Section 25214.10.1 of the Health
and Safety Code, and on July 1 every two years thereafter,
the board, in collaboration with the department,
CalRecycle shall establish a covered electronic waste recycling
payment schedule for covered electronic wastes generated in this
state to cover the average net cost for an electronic waste recycler
to receive, process, and recycle each major category, as determined
by the board CalRecycle , of covered
electronic waste received from an authorized collector. The
board CalRecycle shall make the electronic waste
recycling payments to a covered electronic waste recycler pursuant
to this article.
(b) Until the board CalRecycle
adopts a new payment schedule that covers the average net cost for an
electronic waste recycler to receive, process, and recycle each
major category, as determined by the board
CalRecycle, of covered electronic waste received from an
authorized collector, the amount of the covered electronic waste
recycling payment shall be equal to twenty-eight cents ($0.28) per
pound of the total weight of covered electronic waste received from
an authorized collector and subsequently processed for recycling.
SEC. 16. Section 42479 of the Public Resources Code is amended to
read:
42479. (a) (1) For covered electronic waste collected for
recycling on and after January 1, 2005, the board
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 the board
CalRecycle by the authorized collector or
recycler in the form and manner determined by the board
CalRecycle .
(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
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 the board
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
CalRecycle 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. 17. Section 42485 of the Public Resources Code is amended to
read:
42485. Except as provided in subdivision (b) of Section 42486,
the board and the department CalRecycle
shall not implement this chapter if either of the following occur:
(a) A federal law, or a combination of federal laws, takes effect
and does all of the following:
(1) Establishes a program for the collection, recycling, and
proper disposal of covered electronic waste that is applicable to all
covered electronic devices sold in the United States.
(2) Provides revenues to the state to support the collection,
recycling, and proper disposal of covered electronic waste, in an
amount that is equal to, or greater than, the revenues that would be
generated by the fee imposed under Section 42464.
(3) Requires covered electronic device manufacturers, retailers,
handlers, processors, and recyclers to dispose of those devices in a
manner that is in compliance with all applicable federal, state, and
local laws, and prohibits the devices from being exported for
disposal in a manner that poses a significant risk to the public
health or the environment.
(b) A trial court issues a judgment, which is not appealed, or an
appellate court issues an order affirming a judgment of a trial
court, holding that out-of-state manufacturers or retailers, or both,
may not be required to collect the fee authorized by this chapter.
The out-of-state manufacturers or retailers, or both, shall continue
to collect the fee during the appellate process.