SECTIONS 42476-42479 - California Statutes

PUBLIC RESOURCES CODE

SECTION 42476-42479

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.
(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.
(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.

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.

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 recycled into a new electronic
component.

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 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.

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.

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.
(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.