SECTIONS 42490-42490.1 - California Statutes

PUBLIC RESOURCES CODE

SECTION 42490-42490.1

42490. This act shall be known, and may be cited as, the Cell Phone
Recycling Act of 2004.

42490.1. 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, recycling, and proper and legal
disposal of used cell phones.
(b) It is the further purpose of this chapter to enact a law that
establishes a program that is convenient for consumers and the public
to return, recycle, and ensure the safe and environmentally sound
disposal of used cell phones, and providing a system that does not
charge when a cell phone is returned.
(c) It is the intent of the Legislature that the cost associated
with the handling, recycling, and disposal of used cell phones be the
responsibility of the producers and consumers of cell phones, and
not local government or their service providers, state government, or
taxpayers.
(d) In order to reduce the likelihood of illegal disposal of
hazardous materials, it is the intent of this chapter to ensure that
all costs associated with the proper management of used cell phones
is internalized by the producers and consumers of cell phones at or
before the point of purchase, and not at the point of discard.
(e) Manufacturers and retailers of cell phones and cell phone
service providers, in working to achieve the goals and objectives of
this chapter, should have the flexibility to partner with each other
and with those private and nonprofit business enterprises that
currently provide collection and processing services to develop and
promote a safe and effective used cell phone recycling system for
California.
(f) The producers of cell phones should reduce and, to the extent
feasible, ultimately phase out the use of hazardous materials in cell
phones.
(g) Cell phones, to the greatest extent feasible, should be
designed for extended life, repair, and reuse.
(h) The purpose of this chapter is to provide for the safe, cost
free, and convenient collection, reuse, and recycling of 100 percent
of the used cell phones discarded or offered for recycling in the
state.
(i) In establishing a cost effective system for the recovery,
reuse, recycling and proper disposal of used cell phones, it is the
intent of the Legislature to encourage manufacturers, retailers and
service providers to build on the retailer take-back systems
initiated recently by some cell phone service providers.
(j) An estimated 5 percent of obsolete cell phones are currently
being recycled through a mechanism, whereby private sector recyclers
provide retailers with a postage paid box for mailing returned cell
phones to the recycler at no cost to the retailers. In some
instances, the scrap value of these used phones is sufficient for the
recycler to either pay the retailer or make a financial contribution
on behalf of the retailer to a nonprofit charity. It is the intent
of the Legislature that this model system be substantially expanded
as a result of the enactment of this act.