BILL NUMBER: SB 1523 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 31, 2002
PASSED THE ASSEMBLY AUGUST 31, 2002
AMENDED IN ASSEMBLY AUGUST 29, 2002
AMENDED IN ASSEMBLY AUGUST 15, 2002
AMENDED IN ASSEMBLY JULY 2, 2002
AMENDED IN SENATE MAY 28, 2002
AMENDED IN SENATE MAY 8, 2002
INTRODUCED BY Senator Sher
(Coauthor: Assembly Member Pavley)
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, Sher. Solid waste: cathode ray tube 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 impose, on and after January 1, 2004, a CRT
recycling fee of $10, upon every purchase in the state of a CRT
device from a CRT device retailer or manufacturer, as defined. The
bill would require the prospective bidder in a procurement conducted
by a state agency for the purchase or lease of equipment, materials,
or supplies, to certify compliance with that provision, or justify
noncompliance, as specified. The bill would require every
manufacturer and retailer that sells CRT devices directly to
consumers to collect the fee at the time of sale for each CRT device
sold in the state. The bill would require the manufacturer and
retailer to transmit the fees, minus a specified amount for
administrative costs, 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 grant funds to local governments to establish and
maintain local programs that provide for the convenient and
cost-effective collection and recycling of cathode ray tubes and CRT
devices; (b) provide 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 accept
for recycling 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 or recycling, and to assist
manufacturers in collecting, processing, or recycling, 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, upon
appropriation, 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 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. 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.
This bill would require the board to report to the Governor and
Legislature on or before July 1, 2003, regarding the implementation
of the above provisions.
The bill would incorporate provisions added to the Public
Resources Code by SB 1619, which would become operative only if SB
1619 is chaptered and becomes effective on or before January 1, 2003,
and is chaptered before this bill.
(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.
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) "Purchase" means the taking, by sale, of title or of the right
to use, in exchange for consideration.
(j) "Retailer" means a person who owns or operates a business that
sells CRT devices.
(k) "Sell" or "sale" means any transfer for consideration of title
or of the right to use, by lease or sales contract, including, but
not limited to, transactions conducted through sales outlets,
catalogs, or the Internet, or any other, similar electronic means,
and excluding wholesale transactions with distributors or dealers.
42582. (a) (1) On and after January 1, 2004, a cathode ray tube
recycling fee of ten dollars ($10) is hereby imposed upon every
purchase in the state of a CRT device from a retailer or a
manufacturer.
(2) Every retailer and manufacturer that sells CRT devices
directly to consumers shall collect at the time of sale the fee
imposed under paragraph (1) for each CRT device sold in the state.
(b) Each retailer and manufacturer shall transmit all fees
collected under subdivision (a), minus 3 percent which may be
retained by the retailer or manufacturer for administrative costs
associated with collecting the fee, to the board on or before the
last day of the month following each quarter, accompanied by any
forms prescribed by the board.
42582.5. The board shall do all of the following:
(a) Establish procedures for the imposition and collection of the
fee on CRT devices sold by retailers and manufacturers directly to
consumers.
(b) 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.
(c) On or before July 1, 2003, report to the Governor and the
Legislature on the implementation of this chapter, including
recommendations for changes to this chapter that will ensure the
least cost and most effective collection of CRT recycling fees and
provide incentives to manufacturers of CRTs and CRT devices to reduce
or eliminate the use of hazardous materials and utilize recycled
materials.
42582.7. This chapter shall become inoperative if either of the
following occur:
(a) A federal law, or combination of federal laws, takes effect
and does all of the following:
(1) Establishes a program for the collection, recycling, 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, 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.
(b) 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.
(c) 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.
Any such order shall be stayed until all appeals are concluded. The
out-of-state manufacturers or retailers, or both, shall continue to
collect the fee during the appellate process.
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, both of the following:
(1) Annual priorities for the disbursement of funds as provided in
Section 42585.
(2) 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 grant funds to local governments to establish and
maintain local programs that provide for the convenient and
cost-effective collection and recycling of cathode ray tubes and CRT
devices.
(b) Provide 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 accept for recycling
cathode ray tubes and CRT devices.
(d) Provide grants to manufacturers of CRT devices to encourage
consumers to return the devices for processing, or recycling, and to
assist manufacturers in collecting, processing, or recycling 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 purpose of implementing this
subdivision.
(f) Upon appropriation, 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.
42585.5. (a) The board shall use the funds in the account to do
all of the following:
(1) Provide 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) 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.
(3) Provide grants to nonprofit organizations that recycle cathode
ray tubes and CRT devices. Grants to nonprofit organizations made
under this paragraph may be made available for the purposes of
recycling CRT devices and for the training of persons in the
recycling of those devices.
(4) Provide grants to manufacturers of CRT devices to encourage
consumers to return the devices for processing or recycling and to
assist manufacturers in collecting, processing, or recycling CRT
devices.
(5) 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 1 percent of
funds in the account may be used for the purposes of implementing
this paragraph.
(6) Provide funding to the Department of Toxic Substances Control
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 that department pursuant
thereto.
(b) This section shall become operative only if SB 1619 of the
2001-02 Regular Session is chaptered and becomes effective on or
before January 1, 2003, and is chaptered before the act that adds
this section, in which case Section 42585 of the Public Resources
Code, as added by the act that adds this section shall not become
operative, and this section shall prevail over Section 42590 of the
Public Resources Code as added by SB 1619.
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 any CRT device
for which fees have been paid without charging for that recycling.
42586.5. (a) No grant or incentive payment may be made by the
board under paragraphs (1) to (4), inclusive, of subdivision (a) of
Section 42585.5 unless the applicant for the grant or payment
demonstrates that the CRT devices collected by the applicant will be
recycled or disposed of in a manner that is in compliance with all
applicable federal, state, and local laws, regulations, and
ordinances, and 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) This section shall become operative only if SB 1619 of the
2001-02 Regular Session is chaptered and becomes effective on or
before January 1, 2003, and is chaptered before the act that adds
this section, in which case Section 42586 of the Public Resources
Code, as added by the act that adds this section shall not become
operative, and this section shall prevail over Section 42591 of the
Public Resources Code as added by SB 1619.
42587. On and after 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 has been
paid for the CRT device.
42587.5. This chapter does not apply to the noncommercial resale
of a CRT device consisting of a computer monitor that is leased to a
school or student and subsequently sold to that school or student.
42587.7. (a) The Legislature finds and declares that existing law
prohibits the disposal of cathode ray tubes and CRT devices in
landfill facilities and requires that the tubes and devices be
disposed of in accordance with provisions of law relating to disposal
of hazardous waste.
(b) Accordingly, the Legislature further finds and declares that
the following shall be the goals of the state regarding the diversion
and recycling of cathode ray tubes and CRT devices:
(1) On and after January 1, 2004, not less than 80 percent of
cathode ray tubes and CRT devices shall be diverted from disposal in
landfill facilities.
(2) On and after January 1, 2006, not less than 95 percent of
cathode ray tubes and CRT devices shall be diverted from disposal in
landfill facilities.
(3) On and after January 1, 2004, not less than 25 percent of
cathode ray tubes and CRT devices shall be diverted from disposal at
a hazardous waste facility and recovered for recycling.
(4) On and after January 1, 2007, not less than 50 percent of
cathode ray tubes and CRT devices shall be diverted from disposal at
a hazardous waste facility and recovered for recycling.
(5) On and after January 1, 2010, not less than 75 percent of
cathode ray tubes and CRT devices shall be diverted from disposal at
a hazardous waste facility and recovered for recycling.
(c) This section is intended to provide goals to facilitate and
encourage compliance with existing laws relating to the disposal of
hazardous waste. Nothing in this section is intended to supercede
any other provision of law relating to the disposal of hazardous
waste.
(d) This section shall become operative only if SB 1619 of the
2001-02 Regular Session is chaptered and becomes effective on or
before January 1, 2003, and is chaptered before the act that adds
this section, in which case this section shall prevail over Section
42592 of the Public Resources Code, as added by SB 1619.
42588. No person may export a CRT or CRT device for disposal to
any country where the export of hazardous waste, as defined by the
Basel Convention on the Control of Transboundary Movement of
Hazardous Waste and their Disposal, is prohibited by the Basel
Convention Ban Amendment.
42589. The imposition of a CRT recycling fee is a matter of
statewide interest and concern and is applicable uniformly throughout
the state. No city, county, city and county or other public agency
may adopt, implement, or enforce an ordinance, resolution,
regulation, or rule establishing a CRT recycling fee unless expressly
authorized by this division. This section does not prohibit the
adoption, implementation, or enforcement of any local ordinance,
resolution, regulation, or rule governing curbside or dropoff
recycling programs operated by, or pursuant to a contract with, a
city, county, city and county or other public agency, including
actions relating to fees for these programs.
42590. (a) A state agency that purchases or leases equipment,
materials, or supplies shall require each prospective bidder, to
certify that it, and its agents, subsidiaries, partners, joint
venturers, and subcontractors for the procurement, have complied with
Section 42582 and any regulations adopted by the board, or to
demonstrate that Section 42582 is inapplicable to all lines of
business engaged in by the bidder, its agents, subsidiaries,
partners, joint venturers, or subcontractors. Failure to provide the
certification shall render the prospective bidder and its agents,
subsidiaries, partners, joint venturers, and subcontractors
ineligible to bid on the procurement.
(b) The bid solicitation documents shall specify that the
prospective bidder is required to cooperate fully in providing
reasonable access to its records and documents that evidence
compliance with Section 42582 and with subdivision (a).
(c) Any person awarded a contract by a state agency that is found
to be in violation of Section 42582 or subdivision (a) is subject to
the following sanctions:
(1) The contract shall be voided by the state agency to which the
equipment, materials, or supplies were provided.
(2) The contractor is ineligible to bid on any state contract for
a period of three years.
(3) If the Attorney General establishes in the name of the people
of the State of California that any money, property, or benefit was
obtained by a contractor as a result of violating Section 42582, the
court may, in addition to any other remedy, order the disgorgement of
the unlawfully obtained money, property, or benefit in the interest
of justice.
42590.5. The board may adopt rules and regulations for the
purpose of administering this chapter.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.