Electronic Waste RecyclingAdministration
Section § 42472
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.
Section § 42473
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.
Section § 42474
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.
Section § 42474.5
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.
Section § 42475
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.
Section § 42475.2
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.
Section § 42475.3
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.
Section § 42475.4
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.