BILL NUMBER: SB 1523 AMENDED BILL TEXT AMENDED IN SENATE MAY 8, 2002 INTRODUCED BY Senator Sher FEBRUARY 20, 2002 An act to add Chapter 11 (commencing with Section 42580) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST SB 1523, as amended, Sher. Solid waste: cathode ray tubes and CRT devices: recycling and refurbishment.Existing(1) Existing law requires the California Integrated Waste Management Board(hereafter the board)to administer state programs to recycle plastic trash bags, plastic packaging containers, waste tires, newsprint, and other specified materials. This bill would establish a state program administered by the board to recycle cathode ray tubes (CRTs) and CRT devices, as defined. The bill would require, on and after July 1, 2003, that every manufacturer or retailer that sells CRT devices directly to consumers collect a fee at the point of sale inunspecifiedamounts to be established by the board for each CRT device sold in the state. The bill would requireathe manufacturer or retailer to transmit the fees to theState Board of Equalization (hereafter the state board)board on or before the last day of the month following each quarter, accompanied by any forms prescribed by thestateboard.The bill, on and after January 1, 2005, would authorize the board to adjust the fee to more accurately reflect the revenues needed to develop and maintain infrastructure for the recovery, recycling, and refurbishment of cathode ray tubes and CRT devices.The bill would require thestateboard to deposit the fees in the Cathode Ray Tube Recycling Account, which the bill would establish in the Integrated Waste Management Fund. Thebill would continuously appropriate allfunds in the account would be available to the board , upon appropriation, for the purposes of implementing the recycling and refurbishment program. The bill would establish the Cathode Ray Tube Recycling Advisory Committee within the board to advise the board on certain matters relating to the recycling and refurbishment program. The committee would consist of 7 members appointed by the Governor for 2-year terms, as specified, to represent specified interested parties. The bill would require the board to use funds in the account to(1)(a) provide matching grant funds to local governments to establish and maintain local programs that provide for the convenient and cost-effective collection and processing of cathode ray tubes and CRT devices;(2)(b) provide annual recycling incentive payments to CRT material handlers that collect and process cathode ray tubes and CRT devices, as specified;and (3)(c) provide grants to nonprofit agencies that refurbish cathode ray tubes and CRT devices for reuse ; (d) provide grants to manufacturers of CRT devices to encourage consumers to return the devices for processing, recycling, or reuse and to assist manufacturers in collecting, processing, recycling, or reusing CRT devices; (e) establish a public information program to educate the public on the hazards of improper CRT device storage and disposal and on the opportunities to recycle CRT devices; and (f) provide funding to the Department of Toxic Substances Control to implement and enforce certain provisions relating to hazardous waste control, as those provisions relate to CRT devices, and any regulations adopted by the department pursuant thereto. The bill would require the board to design and issue a label to persons, retailers, and manufacturers for the purpose of designating CRT devices for which the specified fees have been paid. The bill would make it unlawful for a manufacturer or retailer to sell a CRT device directly to a consumer in the state unless the specified fee has been paid on the CRT device and the specified label issued by the board for the CRT device is attached to that device. The bill thereby would establish a state-mandated local program by creating a new crime . The bill would authorize the board to adopt rules and regulations for the purpose of administering the program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation:yesno . Fiscal committee: yes. State-mandated local program:noyes . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Chapter 11 (commencing with Section 42580) is added to Part 3 of Division 30 of the Public Resources Code, to read: CHAPTER 11. CATHODE RAY TUBE RECYCLING 42580. The Legislature finds and declares all of the following: (a) Many electronic waste products contain hazardous materials that may pose risks to public health and the environment if improperly handled or discarded. (b) Most California communities lack the infrastructure needed to provide for the convenient and affordable collection, refurbishment, processing, and recycling of electronic wastes. (c) It is the intent of the Legislature to ensure that funds are available to assist cities, counties, and recyclers of electronic wastes in developing programs to safely collect and recycle the hazardous materials contained in electronic wastes. (d) It is also the intent of the Legislature to promote the refurbishment and reuse of electronic equipment for use by schools and nonprofit agencies. 42581. For the purposes of this chapter, the following terms have the following meanings, unless the context clearly requires otherwise: (a) "Account" means the Cathode Ray Tube Recycling Account established under Section 42583. (b) "Cathode ray tube" or "CRT" means a vacuum tube or picture tube used to convert an electronic signal into a visual image. (c) "Committee" means the Cathode Ray Tube Recycling Advisory Committee established under Section 42584. (d) "CRT device" means any television, video monitor, computer monitor, or other device that contains one or more cathode ray tubes. (e) "Department" means the Department of Toxic Substances Control. (f) "Fee" means the cathode ray tube recycling fee established under Section 42582. (g) "Hazardous waste" has the same meaning as defined in Section 25117 of the Health and Safety Code. (h) "Manufacturer" means a person who produces CRT devices. (i) "Retailer" means a person who owns or operates a business that sells CRT devices. (j) "Sell" or "sale" means any transfer of title or of the right to use, by lease or sales contract, including, but not limited to transactions conducted through sales outlets, catalogs, and the Internet or any other, similar electronic means, and excluding wholesale transactions with distributors or dealers. 42582. (a) On and after July 1, 2003, every retailer that sells CRT devices directly to consumers shall collect at the point of sale a cathode ray tube recycling fee for each CRT device sold in the state , in an amount established under Section 42582.5 .(b) The retailer shall charge the fee as follows: (1) In the amount of ____ dollars ($____) for each CRT device with a screen size less than 15 inches. (2) In the amount of ____ dollars ($____) for each CRT device with a screen size of more than 15 inches but less than 31 inches. (3) In the amount of ____ dollars ($___) for each CRT device with a screen size of 31 inches or larger.(b) On and after July 1, 2003, to the extent authorized by the United States Constitution and the statutory and case law implementing and interpreting that Constitution, every manufacturer that sells CRT devices directly to consumers in the state shall collect a cathode ray tube recycling fee in an amount established under Section 42582.5, for each CRT device sold in the state. (c)The retailerEach retailer and manufacturer that is subject to this section shall transmit all fees collected under this section to thestateboard on or before the last day of the month following each quarter, accompanied by any forms prescribed bythatthe board.(d) On and after January 1, 2005, the board may adjust the fee to more accurately reflect the revenues needed to develop and maintain infrastructure for the recovery, recycling, and refurbishment of cathode ray tubes and CRT devices.(d) Subdivisions (a) and (b) shall become inoperative on the operative date of any federal law or combination of federal laws that meets all of the following criteria: (1) Establishes a program for the collection, recycling, refurbishment, and proper disposal of CRT devices that is applicable to all CRT devices sold in the United States. (2) Provides revenues to the state to support the collection, recycling, refurbishment, and proper disposal of CRT devices, in amounts that are equal to or greater than the revenues that would be generated by the fees imposed under Section 42582.5. (3) Requires CRT 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, regulations, and ordinances, and prohibits the devices from being exported for disposal in a manner that poses a significant risk to the public health or the environment. 42582.5. The board shall do all of the following: (a) Establish a schedule of fees to be collected pursuant to Section 42582 and, at the discretion of the board, adjust the fees in a duly noticed public hearing not more frequently than once a year. (b) Limit the amount of any fees to not more than thirty dollars ($30.00) per CRT device. (c) Set the fee in a manner that takes into account the types and quantities of hazardous wastes in CRT devices. (d) Set the fee at the lowest feasible level in order to ensure the effective handling, processing, recycling, and refurbishment of CRT devices. (e) Establish procedures for the imposition and collection of the fee on CRT devices sold by retailers or manufacturers directly to consumers. (f) Design and issue a label to persons, retailers, and manufacturers for the purpose of designating CRT devices for which fees have been paid. (g) To the extent necessary to implement this chapter, collect information from the manufacturers of CRT devices on their sales of CRT devices, including, but not limited to, any of the manufacturer's devices sold by retailers, and the fees paid on those devices. 42582.7. Subdivisions (a) to (e), inclusive, of Section 42582.5 shall become inoperative on the operative date of any federal law or combination of federal laws that meets all of the following criteria: (a) Establishes a program for the collection, recycling, refurbishment, and proper disposal of CRT devices that is applicable to all CRT devices sold in the United States. (b) Provides revenues to the state to support the collection, recycling, refurbishment, and proper disposal of CRT devices, in amounts that are equal to or greater than the revenues that would be generated by the fees imposed under Section 42582.5. (c) Requires CRT 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, regulations, and ordinances, and prohibits the devices from being exported for disposal in a manner that poses a significant risk to the public health or the environment. 42583. Thestateboard shall deposit all fees collected under Section 42582 in the Cathode Ray Tube Recycling Account, which is hereby established in the Integrated Waste Management Fund.Notwithstanding Section 13340 of the Government Code, all funds in the account are hereby continuously appropriated to the board, without regard to fiscal years, for the purposes of implementing this chapter.Funds in the account shall be made available to the board for expenditure pursuant to this chapter, upon appropriation by the Legislature. 42584. (a) The Cathode Ray Tube Recycling Advisory Committee is hereby established within the board to advise the board on matters relating to, but not limited to, all of the following: (1) Periodic adjustment of the fee. (2) Annual priorities for the disbursement of funds as provided in Section 42585. (3) Removing impediments to the recovery, refurbishment, and recycling of cathode ray tubes and CRT devices. (b) The committee shall consist of seven members appointed by the Governor to represent all of the following: (1) Manufacturers, retailers, refurbishers, and recyclers of cathode ray tubes and CRT devices. (2) Public interest environmental organizations. (3) Local government. (4) Solid waste collection companies. (c) Committee members shall be appointed for two-year terms, except that for the initial term, three members shall be appointed to one-year terms and four members shall be appointed to two-year terms. The Governor shall appoint a replacement if any vacancy occurs. 42585. The board shall use funds in the account to do all of the following: (a) Provide matching grant funds to local governments to establish and maintain local programs that provide for the convenient and cost-effective collection and processing of cathode ray tubes and CRT devices. (b) Provide annual recycling incentive payments to CRT material handlers that collect and process cathode ray tubes and CRT devices, if those facilities comply with all of the applicable provisions of Sections 66273.80 to 66273.90, inclusive, of Title 22 of the California Code of Regulations.In awarding annual recycling incentive payments under this section, the board shall place highest priority on supporting CRT material handling facilities that have obtained registration pursuant to Standard No. 14001 of the International Standards Organization (ISO 14001).(c) Provide grants to nonprofit agencies that refurbish cathode ray tubes and CRT devices for reuse. Grants to nonprofit organizations made under this subdivision may be made available for the purposes of refurbishing and reselling CRT devices and for the training of persons in the repair, refurbishing, and recycling of those devices. (d) Provide grants to manufacturers of CRT devices to encourage consumers to return the devices for processing, recycling, or reuse and to assist manufacturers in collecting, processing, recycling, or reusing CRT devices. (e) Establish a public information program to educate the public on the hazards of improper CRT device storage and disposal and on the opportunities to recycle CRT devices. Not more than one percent of funds in the account may be used for the purposes of implementing this subdivision. (f) Provide funding to the department to implement and enforce Chapter 6.5 (commencing with Section 25000) of the Health and Safety Code, as that chapter relates to CRT devices, and any regulations adopted by the department pursuant thereto. 42586. No grant or incentive payment may be made by the board under subdivisions (a) to (d), inclusive, of Section 42585 unless the applicant for the grant or payment demonstrates both of the following: (a) That the CRT devices collected by the applicant will be recycled, refurbished, or disposed in a manner that is in compliance with all applicable federal, state, and local laws, regulations, and ordinances, and that the devices will not be exported from the state for disposal in a manner that poses a significant risk to the public health or the environment. (b) That the applicant will accept for recycling or refurbishment any CRT device for which fees have been paid and a label has been issued without charging for that recycling or refurbishment. 42587. On and after July 1, 2003, it is unlawful for a manufacturer or retailer to sell a CRT device directly to a consumer in the state unless the fee established under Section 42582.5 has been paid on the CRT device and a label issued by the board pursuant to subdivision (f) of Section 42582.5 for the CRT device is attached to that device. 42588. The board may adopt rules and regulations for the purpose of administering this chapter.