For purposes of this chapter, the following terms have the following meanings, unless the context clearly requires otherwise:
(a)CA Public Resources Code § 42463(a) “Account” means the Electronic Waste Recovery and Recycling Account created in the Integrated Waste Management Fund pursuant to Section 42476.
(b)CA Public Resources Code § 42463(b) “Authorized collector” means any of the following:
(1)CA Public Resources Code § 42463(b)(1) A city, county, or district that collects covered electronic devices.
(2)CA Public Resources Code § 42463(b)(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)CA Public Resources Code § 42463(b)(3) A nonprofit organization that collects or accepts covered electronic devices.
(4)CA Public Resources Code § 42463(b)(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)CA Public Resources Code § 42463(b)(5) An entity that collects, handles, consolidates, and transports covered electronic devices and has filed applicable notifications with DTSC pursuant to Chapter 23 (commencing with Section 66273.1) of Division 4.5 of Title 22 of the California Code of Regulations.
(c)CA Public Resources Code § 42463(c) “CalRecycle” means the Department of Resources Recycling and Recovery.”
(d)CA Public Resources Code § 42463(d) “CDTFA” means the California Department of Tax and Fee
Administration.
(e)CA Public Resources Code § 42463(e) “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.
(f)Copy CA Public Resources Code § 42463(f)
(1)Copy CA Public Resources Code § 42463(f)(1) “Covered battery-embedded product” means a product containing a battery from which the battery is not designed to be easily removed from the product by the user of the product with no more than commonly used household tools.
(2)CA Public Resources Code § 42463(f)(2) “Covered battery-embedded product” does not include any of the following:
(A)CA Public Resources Code § 42463(f)(2)(A) A medical device, as defined in Section 321(h) of Title 21 of the United States Code, if either of the following applies:
(i)CA Public Resources Code § 42463(f)(2)(A)(i) It is a Class I device as defined in Section 360c of Title 21 of the United States Code, and either of the following applies:
(I)CA Public Resources Code § 42463(f)(2)(A)(i)(I) It is a device described in Section 414.202 of Title 42 of the Code of Federal Regulations.
(II) Either of the following applies:
(ia) The device is predominantly used in a health care setting by a provider.
(ib) The device is predominantly prescribed by a health care provider.
(ii)CA Public Resources Code § 42463(f)(2)(A)(ii) It is a Class II or Class III device as defined in 360c of Title 21 of the United States Code.
(B)CA Public Resources Code § 42463(f)(2)(B) A covered electronic device, as defined in
subparagraph (A) of paragraph (1) of subdivision (g).
(C)CA Public Resources Code § 42463(f)(2)(C) An energy storage system, as defined in subdivision (a) of Section 2835 of the Public Utilities Code.
(D)CA Public Resources Code § 42463(f)(2)(D) An electronic nicotine delivery system, as defined in Section 375(7) of Title 15 of the United States Code.
(3)CA Public Resources Code § 42463(f)(3) CalRecycle may consult with other state agencies to determine if a product meets the definition of a covered battery-embedded product.
(4)CA Public Resources Code § 42463(f)(4) “Covered battery-embedded waste recycling fee” means the fee imposed for covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g), pursuant to Article 3 (commencing with Section 42464).
(g)Copy CA Public Resources Code § 42463(g)
(1)Copy CA Public Resources Code § 42463(g)(1) “Covered electronic device”
means either of the following:
(A)CA Public Resources Code § 42463(g)(1)(A) Except as provided in paragraph (2), a video display device containing a screen greater than four inches, measured diagonally, that is identified in the regulations adopted by DTSC pursuant to subdivision (c) of Section 25214.10.1 of the Health and Safety Code.
(B)CA Public Resources Code § 42463(g)(1)(B) Any covered battery-embedded product, as defined in subdivision (f).
(2)CA Public Resources Code § 42463(g)(2) “Covered electronic device,” as defined in subparagraph (A) of paragraph (1), does not include any of the following:
(A)CA Public Resources Code § 42463(g)(2)(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)CA Public Resources Code § 42463(g)(2)(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)CA Public Resources Code § 42463(g)(2)(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)CA Public Resources Code § 42463(g)(2)(D) An electronic device, on and after the date that it ceases to be a covered electronic device pursuant to subdivision (f) of Section 25214.10.1 of the Health and Safety Code.
(h)CA Public Resources Code § 42463(h) “Covered electronic waste” or “covered e-waste” means a covered electronic device that is discarded.
(i)CA Public Resources Code § 42463(i) “Covered electronic waste recycling fee” or “covered e-waste recycling fee” means the fee imposed for covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g), pursuant to Article 3 (commencing with Section 42464).
(j)CA Public Resources Code § 42463(j) “Covered electronic waste recycler” or “covered e-waste recycler” means any of the following:
(1)CA Public Resources Code § 42463(j)(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)CA Public Resources Code § 42463(j)(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)CA Public Resources Code § 42463(j)(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.
(k)CA Public Resources Code § 42463(k) “Director” means the Director of Resources Recycling and Recovery.
(l)CA Public Resources Code § 42463(l) “Discarded” has the same meaning as set forth in subdivision (b) of Section 25124 of the Health and Safety Code.
(m)CA Public Resources Code § 42463(m) “DTSC” means the Department of Toxic Substances Control.
(n)CA Public Resources Code § 42463(n) “Electronic waste recovery payment” means an amount established and paid by CalRecycle pursuant to Section 42477.
(o)CA Public Resources Code § 42463(o) “Electronic waste recycling payment” means an amount established and paid by CalRecycle pursuant to Section 42478.
(p)CA Public Resources Code § 42463(p) “Hazardous material” has the same meaning as set forth in Section 25501 of the Health and Safety Code.
(q)Copy CA Public Resources Code § 42463(q)
(1)Copy CA Public Resources Code § 42463(q)(1) (A) “Manufacturer” means a person who manufactures a covered electronic device and who owns or is the exclusive licensee of the brand or trademark under which the covered electronic device is sold, offered for sale, or distributed in the state.
(B)CA Public Resources Code § 42463(q)(1)(B) If there is no person in the state who is the
manufacturer for purposes of subparagraph (A), the manufacturer of the covered electronic device is the owner or licensee of a brand or trademark under which a covered electronic device is sold, offered for sale, or distributed in the state.
(C)CA Public Resources Code § 42463(q)(1)(C) If there is no person in the state who is the manufacturer for purposes of subparagraph (A) or (B), the manufacturer of the covered electronic device is the person who sells, offers for sale, or distributes the covered electronic device into the state for sale, offer for sale, or distribution in the state.
(2)CA Public Resources Code § 42463(q)(2) For purposes of this chapter, the sale of a covered electronic device shall be deemed to occur in the state if the covered electronic device is delivered to the purchaser in the state.
(r)CA Public Resources Code § 42463(r) “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.
(s)CA Public Resources Code § 42463(s) “Recycling” has the same meaning as set forth in subdivision (a) of Section 25121.1 of the Health and Safety Code.
(t)CA Public Resources Code § 42463(t) “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.
(u)CA Public Resources Code § 42463(u) “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.
(v)Copy CA Public Resources Code § 42463(v)
(1)Copy CA Public Resources Code § 42463(v)(1) “Retail sale” has the same meaning as set forth in Section 6007 of the Revenue and Taxation Code.
(2)CA Public Resources Code § 42463(v)(2) “Retail sale” does not include the sale of a covered electronic device that is temporarily stored or used in the state 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.
(w)CA Public Resources Code § 42463(w) “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.
(x)CA Public Resources Code § 42463(x) “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.
