Senate Bill No. 50 …

                            Senate Bill No. 50

                              CHAPTER 863

   An act to amend Section 25214.10 of, and to add Sections 25214.10.1
and 25214.10.2 to, the Health and Safety Code, and to amend Sections
42463, 42464, 42465, 42465.1, 42465.2, 42465.3, 42475, 42475.2,
42476, 42476.5, 42477, 42478, 42479, and 42485 of, to add Sections
42464.4, 42464.6, 42846, and 48000 to, to repeal Section 42475.1 of,
and to repeal and add Section 42464.2 of, the Public Resources Code,
relating to solid waste, making an appropriation therefor, and declaring
the urgency thereof, to take effect immediately.
               [Approved by Governor September 29, 2004. Filed
                  with Secretary of State September 29, 2004.]

                      LEGISLATIVE COUNSEL'S DIGEST
   SB 50, Sher. Solid waste: hazardous electronic waste: solid waste
disposal fees.
   (1) (A) The Electronic Waste Recycling Act of 2003 makes it
unlawful to sell, on or after July 1, 2004, a covered electronic device, as
defined, in this state to a consumer, as defined, unless the California
Integrated Waste Management Board (board) or the Department of Toxic
Substances Control (department) determines that the manufacturer of
that device is in compliance with the act.
   (B) The 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. The act requires a manufacturer, on or before
April 1, 2004, to inform the retailer if a covered electronic device is
subject to the waste recycling fee.
   This bill would require the department to adopt regulations to identify
electronic devices, as defined, that the department determines are
presumed to be, when discarded, a hazardous waste pursuant to the
hazardous waste control laws.
   The bill would require a manufacturer to inform a retailer and the State
Board of Equalization, in accordance with a specified schedule, whether
a device is a covered electronic device that is identified in the regulations
adopted by the department and would require a covered electronic device
identified in the regulations, to be subject to the act in a specified manner.
The bill would specify a procedure for a manufacturer to obtain a written
nonhazardous determination from the department that an electronic
device would not be a hazardous waste when discarded. The bill would
require a manufacturer to notify certain retailers with regard to that


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determination. The bill would authorize the department to adopt
emergency regulations to implement these requirements.
   The bill would, instead of (A) above, prohibit a person from selling
a new or refurbished covered electronic device in this state, on and after
January 1, 2005, if the board or department determines that the
manufacturer of the covered electronic device is not in compliance with
the act.
   (2) Existing law, the act, requires a retailer selling a covered
electronic device in this state to collect an electronic waste recycling fee
from the consumer on and after November 1, 2004, and to transmit the
fee to the board in accordance with a schedule and procedures that the
board is required to establish. The act requires the board, in collaboration
with the department, on and after July 1, 2005, and at least once every
2 years thereafter, to review and adjust the electronic waste recycling fee,
based on specified factors.
   This bill, under certain circumstances, would make inapplicable
certain penalties relating to the sale of a covered electronic device for
which a fee has not been paid to which retailers are otherwise subject
under existing law.
   The bill would revise the definitions of the terms ``consumer,''
``covered electronic device,'' ``covered electronic waste,'' ``person,''
``retailer,'' and ``retail sale,'' and would define the terms ``discarded,''
``recycling,'' ``refurbished,'' and ``video display device'' for purposes
of the act.
   The bill would require a retailer to collect the fee on and after January
1, 2005, instead of November 1, 2004, except as specified.
   The bill would revise the procedures for reviewing and adjusting the
covered electronic waste recycling fee.
   The bill would repeal the authorization for the board to collect the fee
and would require the State Board of Equalization to collect the
electronic waste recycling fees. The bill would require those fees to be
deposited in the Electronic Waste Recovery and Recycling Account. The
bill would require the covered electronic waste recycling fee to be due
and payable quarterly on or before the last day of the month following
each calendar quarter.
   (3) The act requires each manufacturer of an electronic device who
sells a covered electronic device in this state to submit an annual report
to the board on the number of electronic devices sold by the
manufacturer.
   This bill would authorize a manufacturer to report only on those
covered electronic devices that include applications of specified
compounds that are exempt from Directive 2002/95/EC, as specified.



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   (4) Under existing law, the Electronic Waste Recovery and Recycling
Account is created in the Integrated Waste Management Fund and the
board and the department are authorized to expend the moneys deposited
in the account, upon appropriation by the Legislature, for specified
purposes.
   This bill would continuously appropriate the money in the account to
pay refunds and make electronic waste recovery payments and recycling
payments. The bill would additionally continuously appropriate the
money to make specified payments to manufacturers. The bill would
authorize the money in the account to be expended, upon appropriation
by the Legislature, for the other specified purposes.
   The bill would establish the Electronic Waste Penalty Subaccount in
the account, would require all fines or penalties collected pursuant to the
act to be deposited in the subaccount, and would authorize the
expenditure of the funds in the subaccount only upon appropriation by
the Legislature.
   (5) Existing law requires the board, in collaboration with the
department, to establish an electronic waste recovery payment schedule
to cover the net cost of an authorized collector in operating a free and
convenient system for collecting, consolidating, and transporting
covered electronic wastes. Existing law also requires the board to
establish an electronic waste recycling payment schedule to cover an
e-waste recycler's net cost of receiving, processing, and recycling
covered electronic waste. Existing law requires the board to make those
payments, as specified.
   The bill would, instead, require the board to make those payments for
covered electronic waste collected for recycling on and after January 1,
2005.
   The bill would require the amount of the electronic waste recycling
payment to be equal to $0.28 per pound of the total weight of covered
electronic waste received from an authorized collector and subsequently
processed for recycling, until the board adopts an electronic waste
recycling payment schedule for covered electronic waste.
   This bill would require the board to adopt regulations specifying
cancellation methods for the recovery, processing, or recycling of
covered electronic waste and would revise the conditions under which
the board may make those payments, including requiring the
manufacturer or authorized collector or recycler to provide a cost-free
and convenient opportunity to recycle electronic waste. The bill would
also require the covered electronic waste, if processed, to be processed
in this state according to the cancellation procedure adopted by the board
and, would require, as a condition of making those payments, that the
board declare that the state is a market participant in the business of the


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recycling of covered electronic waste, as specified. The bill would
authorize the board to make a payment to a manufacturer who takes back
covered electronic waste from a consumer in this state, as specified.
   (6) Existing law requires a person who intends to export electronic
waste to a foreign destination to comply with specified notification
requirements and to demonstrate, among other things, that the handling
of the exported electronic waste within the country of destination would
meet certain standards adopted by the Organization for Economic
Cooperation and Development.
   This bill would instead require 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, to comply with specified notification requirements
and make specified demonstrations, including a demonstration with
regard to management of the waste in accordance with the decisions and
implementing guidelines of the Organization for Economic Cooperation
and Development, notwithstanding that the country of destination is not
a member of the Organization for Economic Cooperation and
Development.
   (7) Existing law prohibits the board and the department from
implementing the act if specified circumstances occur.
   This bill would provide that the provisions of the act shall become
inoperative on the date that one of those circumstances occurs, except for
specified purposes.
   (8) The bill would also make technical changes to the act.
   (9) Because the act is incorporated into the hazardous waste control
laws, a violation of which is a crime, the bill would impose a
state-mandated local program by creating new crimes.
   (10) The California Integrated Waste Management Act of 1989
requires each operator of a disposal facility in the state to pay a quarterly
fee to the State Board of Equalization, as specified, for all waste disposed
of at each disposal site. The fees are deposited in the Integrated Waste
Management Account, which may be expended by the board, upon
appropriation by the Legislature, for specified purposes regarding the
regulation of solid waste.
   This bill would require the board and the State Board of Equalization
to ensure that the fees that are collected at a transfer station are paid to
the State Board of Equalization
   (11) The bill would require the Director of Finance to transfer, as a
loan, up to $5,000,000 from the General Fund, and up to $25,000,000
from any special fund authorized by law, to the board to implement the
bill. The bill would require any loan to be repaid on or before November
1, 2005, and prior to the making of specified expenditures.


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   (12) 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.
   (13) The bill would declare that it is an urgency statute, to take effect
immediately.
    Appropriation: yes.

The people of the State of California do enact as follows:

   SECTION 1. Section 25214.10 of the Health and Safety Code is
amended to read:
   25214.10. (a) For purposes of this section, ``electronic device'' has
the same meaning as a ``covered electronic device,'' as defined in
Section 42463 of the Public Resources Code.
   (b) The department shall adopt regulations, in accordance with this
section, that prohibit an electronic device from being sold or offered for
sale in this state if the electronic device is prohibited from being sold or
offered for sale in the European Union on and after its date of
manufacture, to the extent that Directive 2002/95/EC, adopted by the
European Parliament and the Council of the European Union on January
27, 2003, and as amended thereafter by the Commission of European
Communities, prohibits that sale due to the presence of certain heavy
metals.
   (c) The regulations adopted pursuant to subdivision (b) shall take
effect January 1, 2007, or on or after the date Directive 2002/95/EC,
adopted by the European Parliament and the Council of the European
Union on January 27, 2003, takes effect, whichever date is later.
   (d) The department shall exclude, from the regulations adopted
pursuant to this section, the sale of an electronic device that contains a
substance that is used to comply with the consumer, health, or safety
requirements that are required by the Underwriters Laboratories, the
federal government, or the state.
   (e) In adopting regulations pursuant to this section, the department
may not require the manufacture or sale of an electronic device that is
different than, or otherwise not prohibited by, the European Union under
Directive 2002/95/EC, adopted by the European Parliament and the
Council of the European Union on January 27, 2003.
   (f) (1) The department may not adopt any regulations pursuant to this
section that impose any requirements or conditions that are in addition



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Ch. 863                             --6--
to, or more stringent than, the requirements and conditions expressly
authorized by this section.
   (2) In complying with this subdivision, the department shall use, in
addition to any other information deemed relevant by the department,
the published decisions of the Technical Adaptation Committee and
European Union member states that interpret the requirements of
Directive 2002/95/EC.
   SEC. 2. Section 25214.10.1 is added to the Health and Safety Code,
to read:
   25214.10.1. (a) For purposes of this section, the following
definitions shall apply:
   (1) ``Electronic device'' means a video display device, as defined in
subdivision (t) of Section 42463 of the Public Resources Code, with a
screen size of greater than four inches.
   (2) ``Covered electronic device,'' ``manufacturer,'' and ``retailer''
have the same meaning as those terms are defined in Section 42463 of
the Public Resources Code.
   (b) The department shall adopt regulations that identify electronic
devices that the department determines are presumed to be, when
discarded, a hazardous waste pursuant to this chapter.
   (c) (1) Except as provided in subdivision (e), a manufacturer of an
electronic device that is identified in the regulations adopted by the
department shall send a notice in accordance with the schedule specified
in subparagraph (A) or (B), as applicable, of paragraph (3), to any retailer
that sells that electronic device manufactured by the manufacturer. The
notice shall identify the electronic device, and shall inform the retailer
that the electronic device is a covered electronic device and is subject to
a fee in accordance with subdivision (d).
   (2) A manufacturer subject to this subdivision shall also send a copy
of the notice to the State Board of Equalization.
   (3) The notice required by this subdivision shall be sent in accordance
with the following schedule:
   (A) On or before October 1, 2004, the manufacturer shall send a
notice covering any electronic device manufactured by that
manufacturer that is identified in the regulations adopted by the
department on or before July 1, 2004, that identify the electronic devices
that the department determines are presumed to be, when discarded, a
hazardous waste pursuant to this chapter.
   (B) On or before April 1, 2005, and on or before every April 1 of each
year thereafter, the manufacturer shall send a notice covering any
electronic device manufactured by that manufacturer identified in the
regulations adopted by the department pursuant to subdivision (b) on or
before December 31 of the prior year.


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   (4) If a retailer sells a refurbished covered electronic device, the
manufacturer is required to comply with the notice requirement of this
subdivision only if the manufacturer directly supplies the refurbished
covered electronic device to the retailer.
   (d) (1) Except as provided in subdivision (e), a covered electronic
device that is identified in the regulations adopted, on or before July 1,
2004, by the department, that identify electronic devices that the
department determines are presumed to be, when discarded, a hazardous
waste pursuant to this chapter shall, on and after January 1, 2005, be
subject to Chapter 8.5 (commencing with Section 42460) of Part 3 of
Division 30 of the Public Resources Code, including the fee imposed
pursuant to Section 42464 of the Public Resources Code.
   (2) Except as provided in subdivision (e), a covered electronic device
identified in the regulations adopted by the department, pursuant to
subdivision (b), shall, on and after July 1 of the year subsequent to the
year in which the covered electronic device is first identified in the
regulations, be subject to Chapter 8.5 (commencing with Section 42460)
of Part 3 of Division 30 of the Public Resources Code, including the fee
imposed pursuant to Section 42464 of the Public Resources Code.
   (e) (1) If the manufacturer of an electronic device that is identified
in the regulations adopted by the department pursuant to subdivision (b)
obtains the concurrence of the department that an electronic device,
when discarded, would not be a hazardous waste, in accordance with
procedures set forth in Section 66260.200 of Title 22 of the California
Code of Regulations, the electronic device shall cease to be a covered
electronic device and shall cease to be subject to subdivisions (c) and (d)
on the first day of the quarter that begins not less than 30 days after the
date that the department provides the manufacturer with a written
nonhazardous concurrence for the electronic device pursuant to this
subdivision. A manufacturer shall notify each retailer, to which that
manufacturer has sold a covered electronic device, that the device has
been determined pursuant to this subdivision to be nonhazardous and is
no longer subject to a covered electronic recycling fee.
   (2) No later than 10 days after the date that the department issues a
written nonhazardous concurrence to the manufacturer, the department
shall do both of the following:
   (A) Post on the department's Web site a copy of the nonhazardous
concurrence, including, but not limited to, an identification and
description of the electronic device to which the concurrence applies.
   (B) Send a copy of the nonhazardous concurrence, including, but not
limited to, an identification and description of the electronic device to
which the concurrence applies, to the California Integrated Waste
Management Board and the State Board of Equalization.


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Ch. 863                             --8--
   (f) Notwithstanding Section 42474 of the Public Resources Code, a
fine or penalty shall not be assessed on a retailer who unknowingly sells,
or offers for sale, in this state a covered electronic device for which the
covered electronic waste recycling fee has not been collected or paid, if
the failure to collect the fee was due to the failure of the State Board of
Equalization to inform the retailer that the electronic device was subject
to the fee.
   SEC. 3. Section 25214.10.2 is added to the Health and Safety Code,
to read:
   25214.10.2. A regulation adopted pursuant to this article may be
adopted as an emergency regulation 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, and 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, an emergency regulation adopted by
the department 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 the department, whichever
occurs sooner.
   SEC. 4. 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



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department pursuant to Chapter 23 (commencing with Section 66273.1)
of Division 4.5 of Title 22 of the California Code of Regulations.
   (c) ``Board'' means the California Integrated Waste Management
Board.
   (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) ``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


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Ch. 863                             -- 10 --
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 the board pursuant to Section 42477.
   (l) ``Electronic waste recycling payment'' means an amount
established and paid by the board 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 any 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.


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   (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) ``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. 5. 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) 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.
   (d) 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.


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Ch. 863                             -- 12 --
   (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, 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 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 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. 6. Section 42464.2 of the Public Resources Code is repealed.
   SEC. 7. Section 42464.2 is added to the Public Resources Code, to
read:
   42464.2. The State Board of Equalization shall collect the fee
imposed pursuant to this chapter under the Fee Collection Procedures
Law (Part 30 (commencing with Section 55001) of Division 2 of the
Revenue and Taxation Code). For the purposes of this section, a
reference in the Fee Collection Procedures Law to ``feepayer'' shall
include a retailer and a consumer.
   SEC. 8. Section 42464.4 is added to the Public Resources Code, to
read:
   42464.4. (a) The covered electronic waste recycling fee shall be
due and payable quarterly on or before the last day of the month
following each calendar quarter. The payments shall be accompanied by
a return in the form as prescribed by the State Board of Equalization or
that person authorized to collect, including, but not limited to, electronic
media.
   (b) The State Board of Equalization may require the payment of the
fee and the filing of returns for other than quarterly periods.
   SEC. 8.5. Section 42464.6 is added to the Public Resources Code,
to read:
   42464.6. (a) The State Board of Equalization shall not accept or
consider a petition for redetermination of fees determined under this
chapter if the petition is founded upon the grounds that an item is or is


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not a covered electronic device. The State Board of Equalization shall
forward to the department any appeal of a determination that is based on
the grounds that an item is or is not a covered electronic device.
   (b) The State Board of Equalization shall not accept or consider a
claim for refund of fees paid pursuant to this chapter if the claim is
founded upon the grounds that an item is or is not a covered electronic
device. The State Board of Equalization shall forward to the department
any claim for refund that is based on the grounds that an item is or is not
a covered electronic device.
   SEC. 9. 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 or 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. 10. Section 42465.1 of the Public Resources Code is amended
to read:
   42465.1. On and after January 1, 2005, or as specified otherwise in
Section 25214.10.1 of the Health and Safety Code, a person may not sell
or offer for sale in this state a new or refurbished covered electronic
device unless the device is labeled with the name of the manufacturer or
the manufacturer's brand label, so that it is readily visible.
   SEC. 11. 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, each manufacturer of a
covered electronic device sold in this state shall do all of the following:
   (1) Submit to the board 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.


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Ch. 863                             -- 14 --
   (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 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 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 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. 12. Section 42465.3 of the Public Resources Code is amended
to read:




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                               -- 15 --                        Ch. 863

   42465.3. A manufacturer of a covered electronic device shall
comply with the notification requirements of subdivision (c) of Section
25214.10.1 of the Health and Safety Code.
   SEC. 13. Section 42475 of the Public Resources Code is amended
to read:
   42475. (a) The board shall administer and enforce this chapter in
consultation with the department.
   (b) The board and the department 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
determines are necessary to implement the provisions of this chapter in
a manner that is enforceable.
   (c) The board 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 by a manufacturer of covered
electronic devices.
   (d) The board and the department may prepare, publish, or issue any
materials that the board or department determines to be necessary for the
dissemination of information concerning the activities of the board or
department under this chapter.
   (e) In carrying out this chapter, the board and the department 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.
   SEC. 14. Section 42475.1 of the Public Resources Code is repealed.
   SEC. 15. Section 42475.2 of the Public Resources Code is amended
to read:
   42475.2. (a) The board and the department 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 pursuant to this section shall be filed with, but not be


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Ch. 863                            -- 16 --
repealed by, the Office of Administrative Law and shall remain in effect
for a period of two years or until revised by the department or the board,
whichever occurs sooner.
   SEC. 16. 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.
   (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 the board or 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.


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                               -- 17 --                        Ch. 863

   (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 shall adopt regulations specifying cancellation
methods for the recovery, processing, or recycling of covered electronic
waste.
   (f) The board 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 a 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.
   (4) The board 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 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 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:
   (A) The covered electronic device for which payment is claimed was
used in this state.


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Ch. 863                             -- 18 --
   (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. 17. 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 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.
   (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. 18. 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 shall establish
an electronic waste recovery payment schedule for covered electronic


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                                -- 19 --                         Ch. 863

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 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. 19. 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, 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, of covered electronic waste received from an
authorized collector. The board shall make the electronic waste recycling
payments to a covered electronic waste recycler pursuant to this article.
   (b) Until the board 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 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. 20. 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 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.



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Ch. 863                            -- 20 --
   (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. 21. 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 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



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                                 -- 21 --                         Ch. 863

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.
   SEC. 22. Section 42486 is added to the Public Resources Code, to
read:
   42486. (a) Except as provided in subdivision (b), the provisions of
this chapter shall become inoperative on the date that either of the events
described in subdivision (a) or (b) of Section 42485 occurs, and if both
occur, the earlier date.
   (b) On the date specified in subdivision (a), the provisions of this
chapter shall remain operative only for the collection of fees, the liability
for which accrued prior to that date, making refunds, effecting credits,
the disposition of moneys collected, and commencing an action or
proceeding pursuant to this chapter.
   SEC. 23. Section 48000 of the Public Resources Code is amended
to read:
   48000. (a) Each operator of a disposal facility shall pay a fee
quarterly to the State Board of Equalization which is based on the
amount, by weight or volumetric equivalent, as determined by the board,
of all solid waste disposed of at each disposal site.
   (b) The fee for solid waste disposed of shall be one dollar and
thirty-four cents ($1.34) per ton. Commencing with the 1995­96 fiscal
year, the amount of the fee shall be established by the board at an amount
that is sufficient to generate revenues equivalent to the approved budget
for that fiscal year, including a prudent reserve, but shall not exceed one
dollar and forty cents ($1.40) per ton.
   (c) The board shall notify the State Board of Equalization on the first
day of the period in which the rate shall take effect of any rate change
adopted pursuant to this section.
   (d) The board and the State Board of Equalization shall ensure that
all the fees for solid waste imposed pursuant to this section that are
collected at a transfer station are paid to the State Board of Equalization
in accordance with this article.
   SEC. 24. (a) The Director of Finance shall transfer, as a loan, up to
five million dollars ($5,000,000) from the General Fund, and up to
twenty-five million dollars ($25,000,000) from any special fund
authorized by law, to the California Integrated Waste Management



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Ch. 863                            -- 22 --
Board, to implement the changes made to the Electronic Waste
Recycling Act by the act adding this section.
   (b) Any loan made pursuant to this section shall be repaid on or before
November 1, 2005, and shall be repaid prior to making any expenditures
pursuant to paragraph (1), (2), (3) or (4) of subdivision (a) of Section
42476 of the Public Resources Code.
   SEC. 25. 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.
   SEC. 26. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the meaning of
Article IV of the Constitution and shall go into immediate effect. The
facts constituting the necessity are:
   In order to make statutory changes needed to facilitate the collection
of the electronic waste recycling fee and efficiently implement the
Electronic Waste Recycling Act of 2003, thereby protecting public
health and safety and the environment, it is necessary that this act take
effect immediately.




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