BILL NUMBER: SB 1523	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 28, 2002
	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.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1523, as amended, Sher.  Solid waste: cathode ray tubes and CRT
devices:  recycling and refurbishment.
   (1) Existing law requires the California Integrated Waste
Management 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
  January 1, 2004  , that every manufacturer or
retailer that sells CRT devices directly to consumers collect a fee
at the point of sale in amounts to be established by the board for
each CRT device sold in the state.  The bill would require the
manufacturer or retailer to transmit the fees to the board on or
before the last day of the month following each quarter, accompanied
by any forms prescribed by the board.
   The bill would require the board to deposit the fees in the
Cathode Ray Tube Recycling Account, which the bill would establish in
the Integrated Waste Management Fund.  The 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
(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, as specified; (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  , on and after January 1,
2004,  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:  no.  Fiscal committee:  yes.
State-mandated local program:  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  
January 1, 2004  , 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) On and after  July 1, 2003   January 1,
2004  , 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)  Each retailer and manufacturer that is subject to this
section shall transmit all fees collected under this section to the
board on or before the last day of the month following each quarter,
accompanied by any forms prescribed by the board.
   (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 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.   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.
   (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  January
1, 2004  , 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.