BlackletterCalifornia law

CHAPTER 8.5. Electronic Waste Recycling [42460. - 42486.]

Chapter 8.5 added by Stats. 2003, Ch. 526, Sec. 5.

§§ 42460–42486 · 34 sections

  1. ARTICLE 1. General Provisions §§ 42460–42461.5 · 3 sections
    • § 42460 This act shall be known, and may be cited, as the Electronic Waste Recycling Act of 2003.
    • § 42461 The Legislature finds and declares all of the following: (a) The purpose of this chapter is to enact a comprehensive and innovative system for the reuse,…
    • § 42461.5 (a) The Legislature finds and declares that the changes made by this act of the 2011–12 Regular Session of the Legislature to subdivision (h) of Section 42461,…
  2. ARTICLE 2. Definitions § 42463 · 1 section
    • § 42463 For purposes of this chapter, the following terms have the following meanings, unless the context clearly requires otherwise: (a) “Account” means the…
  3. ARTICLE 3. Covered Electronic Waste Recycling Fees and Covered Battery-Embedded Waste Recycling Fees §§ 42464–42464.8 · 6 sections
    • § 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…
    • § 42464.2 CDTFA shall collect the covered electronic waste recycling fee and the covered battery-embedded waste recycling fee pursuant to the Fee Collection Procedures…
    • § 42464.3 CalRecycle and DTSC may share information provided pursuant to this article with CDTFA, upon request, as necessary to administer and enforce the covered…
    • § 42464.4 (a) The covered electronic waste recycling fee and the covered battery-embedded waste recycling fee shall be due and payable quarterly on or before the last…
    • § 42464.6 (a) CDTFA 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…
    • § 42464.8 Notwithstanding Section 55381 of the Revenue and Taxation Code, CDTFA may disclose the name, address, account number, and account status of a person registered…
  4. ARTICLE 4. Manufacturer Responsibility §§ 42465–42467 · 7 sections
    • § 42465 On and after the date specified in subdivision (a) of, and paragraph (1) of subdivision (b) of, Section 42464, a person shall not sell a new or refurbished…
    • § 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 shall not sell or offer for sale in this…
    • § 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…
    • § 42465.3 A manufacturer of a covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, shall comply with the…
    • § 42466.1 (a) On and after January 1, 2026, a person shall not sell or offer for sale in this state a new or refurbished covered electronic device, as defined in…
    • § 42466.2 (a) A manufacturer of a “covered electronic device,” as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, shall send a notice…
    • § 42467 (a) On or before July 1, 2027, and at least once annually thereafter, each manufacturer of a covered electronic device, as defined in subparagraph (B) of…
  5. ARTICLE 5. Administration §§ 42472–42475.4 · 8 sections
    • § 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.…
    • § 42473 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…
    • § 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…
    • § 42474.5 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…
    • § 42475 (a) CalRecycle shall administer and enforce this chapter in consultation with DTSC. (b) CalRecycle and DTSC may adopt regulations pursuant to Chapter 3.5…
    • § 42475.2 (a) CalRecycle and DTSC may each adopt regulations to implement and enforce this chapter as emergency regulations. (b) The emergency regulations adopted…
    • § 42475.3 CalRecycle, in collaboration with DTSC, shall convene a covered electronic waste working group comprised of representatives from manufacturers of covered…
    • § 42475.4 (a) CalRecycle shall annually establish, and update as necessary, statewide recycling goals for covered electronic waste. In implementing this section,…
  6. ARTICLE 6. Financial Provisions §§ 42476–42479 · 6 sections
    • § 42476 (a) (1) The Electronic Waste Recovery and Recycling Account is hereby established in the Integrated Waste Management Fund. All covered electronic waste…
    • § 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…
    • § 42476.6 Section 42476.5 does not apply to a component part of a covered electronic device that is exported to an authorized collector or recycler and that is reused or…
    • § 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 of each year thereafter, CalRecycle, in…
    • § 42478 (a) (1) Except as provided in paragraph (2), on July 1, 2004, or as specified otherwise in Section 25214.10.1 of the Health and Safety Code, and on July 1 of…
    • § 42479 (a) (1) For covered electronic waste, resulting from discarded covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g)…
  7. ARTICLE 7. State Agency Procurement § 42480 · 1 section
    • § 42480 (a) (1) A state agency that purchases or leases covered electronic devices shall require each prospective bidder, to certify that it, and its agents,…
  8. ARTICLE 8. Inapplicability of Chapter §§ 42485–42486 · 2 sections
    • § 42485 Except as provided in subdivision (b) of Section 42486, CalRecycle and DTSC shall not implement this chapter if either of the following occur: (a) A federal…
    • § 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…