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 in 
unspecified  amounts  to be established by the board
 for each CRT device sold in the state.  The bill would require
 a   the manufacturer or  retailer to
transmit the fees to the  State 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 the  state  board.  
   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 the  state  board to
deposit the fees in the Cathode Ray Tube Recycling Account, which the
bill would establish in the Integrated Waste Management Fund.  The
 bill would continuously appropriate all  funds 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:   yes   no
 .  Fiscal committee:  yes. State-mandated local program:
 no   yes  .


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 retailer   Each retailer and
manufacturer that is subject to this section  shall transmit all
fees collected under this section to the  state 
board on or before the last day of the month following each quarter,
accompanied by any forms prescribed by  that  
the  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.  The  state  board 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.