Section § 42472

Explanation

This law states that recycling fees for electronic waste are a statewide issue in California, which means the same rules apply throughout the state. Local governments cannot create their own laws or charges related to recycling electronics unless the state specifically allows it in this chapter.

However, local governments can still manage their own recycling programs, like curbside or drop-off recycling, including setting fees for these services. This law does not change existing agreements about handling regular trash or hazardous household waste.

(a)CA Public Resources Code § 42472(a) The imposition of a covered electronic waste recycling fee is a matter of statewide interest and concern and is applicable uniformly throughout the state. A city, county, city and county, or other public agency may not adopt, implement, or enforce an ordinance, resolution, regulation, or rule requiring a consumer, manufacturer, or retailer to recycle covered electronic devices or imposing a covered electronic waste recycling fee upon a manufacturer, retailer, or consumer, unless expressly authorized under this chapter.
(b)CA Public Resources Code § 42472(b) Nothing in this section prohibits the adoption, implementation, or enforcement of any local ordinance, resolution, regulation, or rule governing curbside or drop off recycling programs operated by, or pursuant to a contract with, a city, county, city and county, or other public agency, including any action relating to fees for these programs. Nothing in this section shall be construed to affect any contract, franchise, permit, license, or other arrangement regarding the collection or recycling of solid waste or household hazardous waste.

Section § 42473

Explanation

This law states that the fee charged for recycling electronic waste isn't considered a tax under California's Constitution. The fee's amount and purpose are directly connected to managing the negative environmental impacts from disposing of electronic devices. The money collected from the fee is appropriately used to fund the recycling and reuse of these products.

The Legislature declares that the imposition of a covered electronic waste recycling fee would not result in the imposition of a tax within the meaning of Article XIII A of the California Constitution, because the amount and nature of the fee has a fair and reasonable relationship to the adverse environmental burdens imposed by the disposal of covered electronic devices and there is a sufficient nexus between the fee imposed and the use of those fees to support the recycling and reuse of these devices.

Section § 42474

Explanation

This law lets CalRecycle fine people or companies if they don't pay the required recycling fees for electronic devices. If someone fails to pay, they could face fines up to $2,500 or even $5,000 in some cases. Manufacturers could be fined up to $25,000 for not following rules, especially if they lie on official documents. If a collector or recycler provides false information, they can face serious penalties, including having their approval denied or revoked.

Those affected can challenge these decisions, but they have to go through a formal process with CalRecycle first. Manufacturers must keep their records for at least three years and share them with CalRecycle when asked. All records given to CalRecycle must be truthful and are under penalty of perjury.

(a)CA Public Resources Code § 42474(a) Civil liability in an amount of up to two thousand five hundred dollars ($2,500) per offense may be administratively imposed by CalRecycle for each sale of a covered electronic device for which a covered electronic waste recycling fee or covered battery-embedded waste recycling fee, as applicable, has not been paid pursuant to Section 42464.
(b)CA Public Resources Code § 42474(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 or covered battery-embedded waste recycling fee, as applicable, has not been paid pursuant to Section 42464.
(c)CA Public Resources Code § 42474(c) Civil liability in an amount of up to twenty-five thousand dollars ($25,000) may be administratively imposed by CalRecycle against manufacturers for failure to comply with this chapter, except as otherwise provided in subdivision (a).
(d)CA Public Resources Code § 42474(d) Civil liability in an amount of up to twenty-five thousand dollars ($25,000) per violation may be administratively imposed by CalRecycle against a person, including an authorized collector or covered electronic waste recycler, that makes a false statement or representation in any document filed, submitted, maintained, or used for purposes of compliance with this chapter and associated regulations.
(e)Copy CA Public Resources Code § 42474(e)
(1)Copy CA Public Resources Code § 42474(e)(1) CalRecycle may revoke the approval or deny the renewal application of an authorized collector or covered electronic waste recycler that makes a false statement or representation in a document filed, submitted, maintained, or used for purposes of compliance with this chapter and the regulations adopted pursuant to this chapter.
(2)CA Public Resources Code § 42474(e)(2) In addition to the authority specified in paragraph (1), CalRecycle may deny an application for approval or renewal from an authorized collector or covered electronic waste recycler that, or an individual identified in the application who, has a history demonstrating a pattern of operation in conflict with the requirements of this chapter and the regulations adopted pursuant to this chapter.
(3)Copy CA Public Resources Code § 42474(e)(3)
(A)Copy CA Public Resources Code § 42474(e)(3)(A) A person challenging a revocation, denial of application renewal, or application denial under this chapter, or an approved covered electronic waste recycler challenging the denial or adjustment of an electronic waste recovery payment or electronic waste recycling payment, shall first exhaust all administrative remedies by filing with CalRecycle a timely administrative appeal, in accordance with the regulations adopted to implement this chapter.
(B)CA Public Resources Code § 42474(e)(3)(A)(B) The hearing shall be held before the director or the director’s designee, who shall issue a written decision stating the factual and legal basis for this decision.
(f)Copy CA Public Resources Code § 42474(f)
(1)Copy CA Public Resources Code § 42474(f)(1) A manufacturer shall maintain and keep accessible all records required to be kept or submitted pursuant to this chapter for a minimum of three years.
(2)CA Public Resources Code § 42474(f)(2) A manufacturer shall, upon request, provide CalRecycle with relevant records necessary to determine compliance with this chapter.
(g)CA Public Resources Code § 42474(g) All reports and records provided to CalRecycle pursuant to this chapter shall be provided under penalty of perjury.

Section § 42474.5

Explanation

This law clarifies that even if other laws exist, the Department of Toxic Substances Control (DTSC) has the authority to enforce the regulations in this chapter. They will do so using specific rules outlined in another part of the Health and Safety Code.

Notwithstanding any other law, this chapter and all regulations adopted pursuant to this chapter may be enforced by DTSC pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code.

Section § 42475

Explanation

This section explains that CalRecycle is responsible for managing and enforcing regulations related to electronic devices with the help of DTSC. These organizations can create and enforce rules to ensure compliance and protect sensitive information from manufacturers. They can also produce materials to inform the public about their work. CalRecycle and DTSC can tap into the expertise of other state agencies to fulfill these duties effectively.

(a)CA Public Resources Code § 42475(a) CalRecycle shall administer and enforce this chapter in consultation with DTSC.
(b)CA Public Resources Code § 42475(b) CalRecycle and DTSC 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 CalRecycle and DTSC determines are necessary to implement the provisions of this chapter in a manner that is enforceable.
(c)CA Public Resources Code § 42475(c) 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 to protect any proprietary information submitted to CalRecycle by a manufacturer of covered electronic devices.
(d)CA Public Resources Code § 42475(d) CalRecycle and DTSC may prepare, publish, or issue any materials that CalRecycle or DTSC determines to be necessary to disseminate information concerning CalRecycle’s and DTSC’s activities under this chapter.
(e)CA Public Resources Code § 42475(e) In carrying out this chapter, CalRecycle and DTSC may solicit and use any and all expertise available in other state agencies, including, but not limited to, the Department of Conservation and CDTFA.

Section § 42475.2

Explanation

This law allows CalRecycle and DTSC to make emergency rules to help enforce this chapter quickly. These emergency rules are treated as urgent to protect public peace, health, safety, and welfare, and they follow specific government procedures for emergency situations. The rules stay in effect for two years or until they are changed by CalRecycle or DTSC, whichever happens first.

(a)CA Public Resources Code § 42475.2(a) CalRecycle and DTSC may each adopt regulations to implement and enforce this chapter as emergency regulations.
(b)CA Public Resources Code § 42475.2(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 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 CalRecycle or DTSC 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 DTSC or CalRecycle, whichever occurs sooner.

Section § 42475.3

Explanation

This law mandates CalRecycle and the Department of Toxic Substances Control (DTSC) to form a working group with electronic device manufacturers and other interested parties. The group's job is to create environmental purchasing guidelines for state agencies to use when choosing electronic devices that are better for the environment. These guidelines consider the entire lifespan of products and balance environmental factors with safety, functionality, and cost. The group also looks at existing federal or market-based systems that promote eco-friendly products.

CalRecycle, in collaboration with DTSC, 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 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.

Section § 42475.4

Explanation

This law requires CalRecycle to set and update annual recycling goals for electronic waste in California. They must share the amount of electronic devices sold and e-waste recycled on their website each year. CalRecycle should also develop recycling goals with input from manufacturers, retailers, and recyclers, keeping in mind sales, obsolescence, and existing stockpiles.

However, CalRecycle does not have the authority to set mandatory recycling rates for manufacturers or enforce specific recycling targets or deadlines.

(a)CA Public Resources Code § 42475.4(a) CalRecycle shall annually establish, and update as necessary, statewide recycling goals for covered electronic waste. In implementing this section, CalRecycle shall do all of the following:
(1)CA Public Resources Code § 42475.4(a)(1) Post on its internet website information on the amount of covered electronic devices sold in the state in the previous year as reported to CalRecycle.
(2)CA Public Resources Code § 42475.4(a)(2) Post on its internet website information on the amount of covered electronic waste recycled in the state in the previous year as reported to CalRecycle.
(3)CA Public Resources Code § 42475.4(a)(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)CA Public Resources Code § 42475.4(b) Nothing in this section authorizes 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.