SECTIONS 42485-42486 - California Statutes

PUBLIC RESOURCES CODE

SECTION 42485-42486

42485. Except as provided in subdivision (b) of Section 42486, the
board and the department shall not implement this chapter if either
of the following occur:
(a) A federal law, or a combination of federal laws, takes effect
and does all of the following:
(1) Establishes a program for the collection, recycling, and
proper disposal of covered electronic waste that is applicable to all
covered electronic devices sold in the United States.
(2) Provides revenues to the state to support the collection,
recycling, and proper disposal of covered electronic waste, in an
amount that is equal to, or greater than, the revenues that would be
generated by the fee imposed under Section 42464.
(3) Requires covered electronic device manufacturers, retailers,
handlers, processors, and recyclers to dispose of those devices in a
manner that is in compliance with all applicable federal, state, and
local laws, and prohibits the devices from being exported for
disposal in a manner that poses a significant risk to the public
health or the environment.
(b) A trial court issues a judgment, which is not appealed, or an
appellate court issues an order affirming a judgment of a trial
court, holding that out-of-state manufacturers or retailers, or both,
may not be required to collect the fee authorized by this chapter.
The out-of-state manufacturers or retailers, or both, shall continue
to collect the fee during the appellate process.

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 subdivision (a) or (b) of Section 42485 occurs,
and if both occur, the earlier date.
(b) On the date specified in subdivision (a), the provisions of
this chapter shall remain operative only for the collection of fees,
the liability for which accrued prior to that date, making refunds,
effecting credits, the disposition of moneys collected, and
commencing an action or proceeding pursuant to this chapter.