BILL NUMBER: SB 20	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 21, 2003
	AMENDED IN SENATE  MAY 6, 2003

INTRODUCED BY    Senator Sher   Senators Sher
and Romero 
    (Principal coauthor:  Senator Kuehl) 
   (Principal  Coauthor   coauthor  :
Assembly Member Jackson)
   (Coauthor:  Assembly Member Pavley)

                        DECEMBER 2, 2002

   An act to add Article 11.7 (commencing with Section 25243) to
Chapter 6.5 of Division 20 of the Health and Safety Code, and to add
Chapter 8.5 (commencing with Section 42460) to Part 3 of Division 30
of the Public Resources Code, relating to hazardous and solid waste
 , and declaring the urgency thereof, to take effect immediately
 .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 20, as amended, Sher.  Solid waste:  hazardous electronic waste
recovery, reuse, and recycling.
   (1) Existing law prohibits the management of hazardous waste,
except in accordance with the hazardous waste laws.  Under existing
law, the Department of Toxic Substances Control is authorized to
exempt, until January 1, 2003, by regulation, a hazardous waste
management activity from the requirements of the hazardous waste
control law if the regulation governs a specified type of hazardous
waste, including electronic hazardous wastes, identifies the
hazardous waste as a universal waste, and amends specified existing
regulations of the department.  Existing law prohibits the disposal
of electronic products in or on land, except as specified.  A
violation of the hazardous waste control law is a crime.
   The bill would require the Department of Toxic Substances Control
to adopt regulations to prohibit the use of hazardous materials in
the manufacture of hazardous electronic devices sold in the state,
and to prohibit the use of any electronic or mechanical device that
prevents, impedes, or limits the reuse, remanufacture, or recycling
of a hazardous electronic device, thereby imposing a state-mandated
local program by creating a new crime.
   (2) Existing law requires the California Integrated Waste
Management Board to administer state programs to recycle various
specified materials.
   This bill would enact the Hazardous Electronic Waste Recovery,
Reuse, and Recycling Act of 2003.  The bill would prohibit any person
from selling a hazardous electronic device in this state  to a
consumer, as defined,  unless the board determines that the
manufacturer of that device is in compliance with the act.  The bill
would require a manufacturer of a hazardous electronic device, as
defined, sold in the state to establish and implement a hazardous
electronic device recovery system that is certified by the board for
the collection, handling, transportation, processing, recovery,
reuse, and recycling of the hazardous electronic waste resulting from
the devices sold by that manufacturer.  The bill would require a
manufacturer of a hazardous electronic device that sells a hazardous
electronic device in the state to notify the board of its intent to
sell the device and to prepare and submit to the board a hazardous
electronic device recovery plan that meets specified standards.  The
bill would require a manufacturer that intends to export a hazardous
electronic waste to provide the department with specified
information.
   The bill would impose civil liability for violations of specified
provisions.
   The bill would require the board to establish and impose a fee on
a manufacturer of a hazardous electronic device that submits a plan
for review to cover its reasonable costs of implementing the act.
The bill would require a manufacturer of a hazardous electronic
device who does not submit a recovery plan to the board  , 
or who does not meet specified recovery and recycling targets, to
instead pay a fee to the board, in a specified amount.  The bill
would require the board to deposit the fees collected under the act
in the Hazardous Electronic Waste, Recovery, Reuse, and Recycling
Account, which the bill would create in the Integrated Waste
Management Fund in the State Treasury.
   This bill would authorize the board to expend the moneys deposited
in the account, upon appropriation by the Legislature, to implement
the act and, among other things, to provide recycling incentive
payments to hazardous electronics material handlers, provide grant
funds to local governments and nonprofit agencies for recycling
hazardous electronic devices, provide financial incentives to
manufacturers of these devices to assist in the recycling of the
devices, and to establish public information programs on recycling of
hazardous electronic devices.  The bill would authorize the board to
adopt regulations to implement the bill.
   (3)  This bill would provide that its provisions are
severable.
  (4)  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.  
   (5) The bill would declare that it is to take effect immediately
as an urgency statute. 
   Vote:   majority   2/3  .
Appropriation:  no.  Fiscal committee:  yes. State-mandated local
program:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Electronic waste from hazardous electronic devices represents
one of the fastest growing hazardous components of California's waste
stream.
   (b) According to the United States Environmental Protection
Agency, more than 4.3 million tons of appliances and consumer
electronics were discarded in 1999.
   (c) Due to the presence of toxic lead, mercury, or other hazardous
or potentially hazardous materials in electronic waste, these
devices pose a particular threat to public health and the environment
when improperly discarded.
   (d) A study conducted by the California Integrated Waste
Management Board estimates that California households currently have
more than 6,000,000 obsolete computer monitors and television sets
"stockpiled" in their homes.
   (e) A study for the National Safety Council projects that more
than 10,000 computers and televisions become obsolete in California
every day.  The study further projects that three-quarters of all
computers ever purchased in the United States remain stockpiled in
storerooms, attics, garages, or basements.
   (f) It is estimated that only 20 percent of obsolete computers and
televisions are currently recovered for recycling.
   (g) Hazardous electronic devices recovered for recycling,
including devices from California public agencies, have been found to
have been illegally handled and discarded in developing countries,
posing a significant threat to public health, worker safety, and the
environment in those countries.
   (h) The collection, handling, and management of hazardous
electronic devices that are currently recovered represents a costly
and growing problem for local governments and nonprofit
organizations, including Goodwill Industries and the Salvation Army.

   (i) The high technology sector represents a vital and important
part of California's economy.
   (j) The system to reduce and recycle hazardous electronic devices
established pursuant to this act should establish strict and
enforceable requirements on all manufacturers of hazardous electronic
devices while being cost-effective and providing flexibility to take
advantage of the innovation of the high technology sector.
   (k) The system should also ensure that the state will impose
compliance obligations uniformly on all regulated entities to ensure
that companies accepting their responsibilities are not penalized by
the potential noncompliance of other companies.
   (l) The system should also be scalable to national, international,
and global systems to take into account obligations that may be
imposed on manufacturers of hazardous electronic devices beyond those
imposed under this act.
   (m) The Governor has requested that the Legislature enact
legislation in 2003 challenging industries to assume greater
responsibility for the recycling and disposal of electronic waste,
stating that "California needs a comprehensive and innovative state
law that partners with product manufacturers, establishes recycling
targets, and provides for the safe recycling and disposal of
electronic wastes."  The Governor further expressed support for a
system that "provides incentives to design products that are less
toxic and more recyclable."
  SEC. 2.  Article 11.7 (commencing with Section 25243) is added to
Chapter 6.5 of Division 20 of the Health and Safety Code, to read:

      Article 11.7.  Phaseout of Hazardous Materials In Hazardous
Electronic Devices

   25243.  The Legislature finds and declares that it is in the
interest of the state to establish a program modeled on the Product
Stewardship Initiative undertaken by the European Economic Union to
phase out the use of hazardous materials in the manufacture of
hazardous electronic devices.
   25243.5.  For purposes of this article, the following definitions
apply:
   (a) "Hazardous electronic device" has the same meaning as defined
in Section 42463 of the Public Resources Code.
   (b) "Hazardous material" has the same meaning as defined in
Section 25501.
   25243.7.  On or before January 1, 2007, the department shall adopt
regulations establishing dates and procedures to prohibit the use of
hazardous materials in the manufacture of a hazardous electronic
device sold in the state by the earliest feasible date.
   25243.8  On or before January 1, 2005, the department shall adopt
regulations prohibiting the use of an electronic or a mechanical
device that prevents, impedes, or limits the reuse, remanufacture, or
recycling of a hazardous electronic device.
  SEC. 3.  Chapter 8.5 (commencing with Section 42460) is added to
Part 3 of Division 30 of the Public Resources Code, to read:

      CHAPTER 8.5.  HAZARDOUS ELECTRONIC WASTE RECOVERY, REUSE, AND
RECYCLING
      Article 1.  General Provisions

   42460.  This act shall be known, and may be cited, as the
Hazardous Electronic Waste Recovery, Reuse, and Recycling Act of
2003.
   42461.  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 hazardous electronic devices, and to provide incentives
to design electronic devices that are less toxic and more recyclable.

   (b) It is the further purpose of this chapter to enact a law that
establishes a program that is cost free and convenient for consumers
and the public to return, recycle, and ensure the safe and
environmentally-sound disposal of hazardous electronic devices.
   (c) It is the intent of the Legislature that the cost associated
with the handling, recycling, and disposal of hazardous electronic
devices is the responsibility of the producers and consumers of
hazardous electronic devices, and not local government or their
service providers, state government, or taxpayers.
   (d) In order to reduce the likelihood of illegal disposal of these
hazardous materials, it is the intent of this chapter to ensure that
any cost associated with the proper management of hazardous
electronic devices be internalized by the producers and consumers of
hazardous electronic devices at or before the point of purchase, and
not at the point of discard.
   (e) Manufacturers of hazardous electronic devices, in working to
achieve the goals and objectives of this chapter, should have the
flexibility to partner with each other and with those public sector
entities and business enterprises that currently provide collection
and processing services to develop and promote a safe and effective
hazardous electronic device recovery, reuse, and recycling system for
California.
   (f) The producers of electronic products, components, and devices
should reduce and, to the extent feasible, ultimately phase out the
use of hazardous materials in those products.
   (g) Electronic products, components, and devices, to the greatest
extent feasible, should be designed for extended life, repair, and
reuse. 
   (h) A further purpose of this chapter is to promote the
refurbishment and reuse of electronic equipment for the use of
schools and nonprofit agencies. 

      Article 2.  Definitions

   42463.  For the purposes of this chapter, the following terms have
the following meanings, unless the context clearly requires
otherwise:
   (a) "Account" means the Hazardous Electronic Waste Recovery,
Reuse, and Recycling Account created in the Integrated Waste
Management Fund under Section 42476.
   (b) "Board" means the California Integrated Waste Management
Board.
   (c)  (1)  "Consumer" means a purchaser or owner of a
hazardous electronic device.  
   (2) (A) "Consumer" does not include a manufacturer who purchases
specialty or medical electronic equipment that is a hazardous
electronic device.
   (B) For purposes of this paragraph, "medical electronic equipment"
includes, but is not limited to, radiotherapy equipment, cardiology
equipment, dialysis equipment, pulmonary ventilators, nuclear
medicine equipment, laboratory equipment for in-vitro diagnosis,
analyzers and freezers.
   (C) For purposes of this paragraph "specialty electronic equipment"
includes, but is not limited to, smoke detectors, heating
regulators, and thermostats. 
   (d) "Department" means the Department of Toxic Substances Control.

   (e) "Fee" means the hazardous electronics device recycling and
recovery fee imposed by Section 42471.
   (f) "Hazardous electronic device" means any consumer product,
component, or device that requires an alternating current or direct
current electrical charge for operation and that the department
determines is a hazardous material or a hazardous waste.  A hazardous
electronic device includes, but is not limited to, a television,
video monitor, computer monitor, or any other device that has one or
more cathode ray tubes containing lead.
   (g) "Hazardous material" has the same meaning as defined in
Section 25501 of the Health and Safety Code.
   (h) "Manufacturer" means any person who manufactures a hazardous
electronic device and sells that hazardous electronic device in this
state.
   (i) "Registrant" means the manufacturer, or an independent party
that submits the plan required by Section 42468 instead of the
manufacturer.

      Article 3.  Manufacturer Responsibility

   42465.  (a) A person may not sell a hazardous electronic device to
a consumer in this state unless the board determines the
manufacturer of that hazardous electronic device demonstrates
compliance with this chapter by either establishing and implementing
a system certified by the board pursuant to Section 42467 or paying a
fee pursuant to Section 42471.
   (b) On and after January 1, 2005, a person may not sell or offer
for sale in this state a hazardous electronic device unless the
device is labeled with the name of the manufacturer or the
manufacturer's brand label, so that it is readily visible.
   42466.  (a) On or after July 1, 2006, if the board determines that
the recovery and recycling targets set forth in subdivision (b) are
not being met by a manufacturer or registrant of a hazardous
electronic device, the manufacturer shall comply with Section 42471
until the board determines that the  system  
hazardous electronic device recovery system implemented pursuant to a
hazardous electronic device recovery plan  certified by the
board pursuant to Section  42467   42469 
is meeting the targets.  
   (b) The recovery systems under Section 42467 and the plans under
 
   (b) A hazardous electronic device recovery system established
pursuant to Section 42467 and a hazardous electronic device recovery
plan prepared pursuant to  Section 42468, except as specified in
subdivision (c), shall conform with the following recovery and
recycling targets:
   (1) On and after January 1, 2005, a manufacturer or registrant is
responsible for arranging or otherwise ensuring that an amount of
hazardous electronic waste equivalent to not less than 50 percent of
the hazardous electronic devices sold by that manufacturer in the
state in the previous year is diverted from waste disposal and
recovered for reuse or recycling.
   (2) On and after January 1, 2007, a manufacturer or registrant is
responsible for arranging or otherwise ensuring that an amount of
hazardous electronic waste equivalent to not less than 70 percent of
the hazardous electronic devices sold by that manufacturer in the
state in the previous year is diverted from waste disposal and
recovered for reuse or recycling.
   (3) On and after January 1, 2010, a manufacturer or registrant is
responsible for arranging or otherwise ensuring that an amount of
hazardous electronic waste equivalent to not less than 90 percent of
the hazardous electronic devices sold by that manufacturer in the
state in the previous year is diverted from waste disposal and
recovered for reuse or recycling.
   (c) The board may either increase or decrease the recovery and
recycling targets in subdivision (b) based on a determination of the
projected volume of obsolete hazardous electronic devices.
   (d) Notwithstanding the recovery and recycling targets in
subdivision (b), state and federal regulations prohibit the disposal
of hazardous electronic waste in solid waste disposal facilities and
it is the intent of the  legislature  
Legislature  that all hazardous electronic waste is managed in
accordance with all applicable laws, regulations, and ordinances.
   42467.  (a) Except as provided in Section 42471, a manufacturer of
a hazardous electronic device sold in the state shall establish and
implement a hazardous electronic device recovery system that is
certified by the board pursuant to this article for the collection,
handling, transportation, processing, recovery, reuse, and recycling
of the hazardous electronic waste that results from the hazardous
electronic device sold by that manufacturer.
   (b) A manufacturer of a hazardous electronic device that sells a
hazardous electronic device in this state shall notify the board of
its intent to sell a hazardous electronic device.
   (c) Any manufacturer or registrant that intends to export
hazardous electronic waste to a foreign destination shall comply with
all of the following prior to export:
   (1) Notify the department of the contents, volume, and destination
of the proposed export.
   (2) Demonstrate that hazardous electronic waste will be handled in
a manner that is at least as protective of public health and the
environment as the laws, regulations, and ordinances applicable to
the recycling and disposal of these devices in this state.
   (3) Demonstrate that the importation of hazardous electronic waste
is not prohibited by any applicable law or regulation of the country
of destination.
   (d) In order to minimize costs and confusion in developing a
hazardous electronic device recovery system under this section,
manufacturers and registrants are encouraged to coordinate with and,
to the extent feasible, support the utilization of any existing
public and private systems for the collection, handling,
transportation, processing, recovery, reuse, and recycling of
hazardous electronic waste.
   (e) A city, county, or public agency may not require consumers to
use a system required under this section to recycle hazardous
electronic devices to the exclusion of other programs legally
available.  This chapter anticipates that hazardous electronic device
recovery systems in addition to those provided by manufacturers and
registrants under this section may be available to consumers in the
state.  Nothing in this chapter is deemed to prohibit or restrict any
other system or to prohibit or restrict any other person from
receiving, storing, transporting, or recycling hazardous electronic
devices.
   42468.  (a) Except as provided in Section 42471, a manufacturer or
a registrant of a hazardous electronic device sold in the state
shall prepare and submit to the board a hazardous electronic
waste   device  recovery plan to establish
a hazardous electronic  waste   device 
recovery system that meets all of the following standards:
   (1) The plan demonstrates that it will result in the efficient
collection, handling, transportation, processing, recovery, reuse,
and recycling of hazardous electronic waste that results from the
hazardous electronic device sold by that manufacturer in this state
in a manner that is cost free to consumers.
   (2) The plan demonstrates that the manufacturer or registrant will
provide either directly, or through contracts or other binding
arrangements with other parties as retailers, local governments, or
private waste collection companies, one or more opportunities for the
consumer to return the hazardous electronic devices for recovery,
reuse, and recycling in a manner that is at least as convenient to
the consumer as the purchase and delivery of new hazardous electronic
devices through one or more of the following mechanisms:
   (A) The return of the hazardous electronic device at a location
where the device is sold.
   (B) The mailing or shipping of the hazardous electronic device to
a recycling or recovery facility, including, but not limited to, a
facility owned or operated by a manufacturer of these devices.
   (C) The curbside collection or pickup of the hazardous electronic
device from the consumer.
   (D) The dropoff of the hazardous electronic device at a
conveniently located recycling or recovery facility.
   (3) The plan demonstrates that the manufacturer or registrant of
the hazardous electronic device will make available information to
every consumer through the use of a toll-free telephone number,
Internet Web site, and information either labeled on the device,
included in the packaging, or accompanying the sale of the hazardous
electronic device, that describes where and how to return, recycle,
and dispose of the hazardous electronic device and opportunities and
locations for the collection or return of the device.
   (4) The plan demonstrates that all collection, handling,
transportation, dismantling, processing, refurbishment, and recycling
of the hazardous electronic device will be done safely and in
conformance with all applicable laws, regulations, and ordinances.
   (5) The plan demonstrates that hazardous electronic waste
recovered may not be disposed in violation of any applicable law,
regulation, or ordinance.
   (6) The plan demonstrates that hazardous electronic devices sent
to a foreign destination will be handled in a manner that is at least
as protective of public health and the environment as the laws,
regulations, and ordinances applicable to the recycling and disposal
of these devices in this state and ensures that no hazardous
electronic device will be exported to any country where the
importation of hazardous waste is prohibited.
   (7) The plan demonstrates the capability of meeting or exceeding
the recovery targets specified in Section 42466.
   (b) If the registrant changes the system that has been submitted
to the board, before the change can become effective, the registrant
shall submit the changed system to the board and revise its Internet
Web site and toll-free telephone information to be consistent with
the changed system.
   (c) The registrant that receives a hazardous electronic device for
recycling, refurbishment, or reuse  has the discretion to
  may  either recycle, refurbish, or reuse 
(including resale)   , including resell,  the
hazardous electronic device.  Except to the extent otherwise required
by law, the manufacturer and registrant do not have responsibility
for any data that may be on the hazardous electronic device if an
information storage device is included with the hazardous electronic
device.
   (d) Once per calendar year, each registrant shall file a report
with the board  which   that  describes the
implementation of the system during the year. The report shall
identify the total number of hazardous electronic devices received
during the preceding year, together with the total number of devices
reused or refurbished for reuse, and the total number of devices
recycled or resold.  The report shall also describe the processes and
methods used to recycle, refurbish, or reuse the hazardous
electronic devices and, in particular, the report shall identify any
disassembly, physical recovery operation including, but not limited
to, for, crushing, grinding, or glass to glass recycling, or other
operation that was used, and describe where it took place.
   42469.  (a) Within 90 days of the date that the board receives a
hazardous electronic device recovery plan submitted pursuant to
Section 42468, the board shall review, identify, and suggest
amendments, and certify or disapprove the plan at a duly noticed
public hearing.
   (b) The board shall certify a hazardous electronic device recovery
plan only if the board determines there is substantial evidence in
the record that the plan will comply with all of the standards
established pursuant to Section 42468 and be implemented in
accordance with those standards.
   (c) The board shall establish a schedule for the review and action
on a hazardous electronic device recovery plan to ensure the
consistent, timely, and thorough review of each plan submitted
pursuant to this article.
   (d) The board shall establish and impose a fee on a manufacturer
of a hazardous electronic device that submits a plan for review
pursuant to this article to cover the board's reasonable costs of
implementing this chapter.
   42470.  A registrant may partner with one or more manufacturers or
other parties, as a collective registrant, to prepare and submit to
the board a joint hazardous electronic device recovery plan to comply
with Section 42468.
   42471.  (a) As an alternative to complying with Section 42468, a
manufacturer of a hazardous electronic device may remit to the board
a hazardous electronics waste device, recycling, and recovery fee on
each hazardous electronic device sold by the manufacturer in the
state.
   (b) The board shall calculate the amount of the fee required to be
paid by a manufacturer pursuant to this section by subtracting the
average scrap value, including any negative scrap value, of the
hazardous electronic device sold by that manufacturer, or the
hazardous waste disposal cost of that device, from the average cost
of collecting, processing, and recycling the hazardous electronic
scrap, as determined by the board.
   (c) The hazardous electronics waste device, recycling, and
recovery fee shall be paid to entities for the collection,
processing, and recycling of hazardous electronic waste, in a form
and manner determined by the board.
   42472.  The imposition of a hazardous electronics waste device,
recycling, and recovery fee pursuant to Section 42471 is a matter of
statewide interest and concern and is applicable uniformly throughout
the state.  A city, county, city and county, or other public agency
may not adopt, implement, or enforce an ordinance, resolution,
regulation, or rule establishing a hazardous electronics device
recycling and recovery fee unless expressly authorized under this
chapter.  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.
   42473.  The Legislature declares that the imposition of a
hazardous electronics device recycling and recovery fee pursuant to
Section 42471 would not result in the imposition of a tax within the
meaning of Article XIII A of the California Constitution, because the
amount and nature of the fee has a fair and reasonable relationship
to the adverse environmental burdens imposed by the disposal of
hazardous electronic devices and there is a sufficient nexus between
the fee imposed and the use of those fees to support the recycling
and reuse of these devices.
   42474.  (a) Civil liability in an amount of up to two thousand
five hundred dollars ($2,500) per offense may be administratively
imposed by the board for each sale of a hazardous electronic device
not covered either by a hazardous electronic device recovery system
certified by the board under Section 42467, or by a hazardous
electronics waste device, recycling, and recovery fee paid in lieu of
the recovery system requirement of Section 42467, as defined in
Section 42471.
   (b) A civil penalty in an amount of up to five thousand dollars
($5,000) per offense may be imposed by a superior court for each sale
of a hazardous electronic device not covered either by a hazardous
electronic device recovery system certified by the board under
Section 42467, or by a hazardous electronics waste device, recycling,
and recovery fee paid in lieu of the recovery system requirement of
Section 42467, as described under Section 42471.
   (c) Civil liability in an amount of up to twenty-five thousand
dollars ($25,000) may be administratively imposed by the board
against manufacturers or registrants for failure to comply with
Section 42465, 42467, 42468, or 42471.

      Article 4.  Administration

   42475.  (a) The board shall administer this chapter in
consultation with the department.
   (b) The board may adopt any regulations pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code that are necessary to implement this chapter.
   (c) The board shall adopt regulations pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code that ensure the protection of any proprietary
information submitted to the board by a manufacturer of hazardous
electronic devices.
   (d) The board may prepare, publish, or issue any materials that
the board determines to be necessary for the dissemination of
information concerning the activities of the board under this
chapter.
   (e) In carrying out this chapter, the board may solicit and use
any and all expertise available in other state agencies, including,
but not limited to, the department, the Department of Conservation,
and the State Board of Equalization.

      Article 5.  Financial Provisions

   42476.  (a) The board shall deposit any fees or fines collected
under this chapter into the Hazardous Electronic Waste Recovery,
Reuse, and Recycling Account which is hereby created in the
Integrated Waste Management Fund.  The funds in the Hazardous
Electronic Waste Recovery, Reuse, and Recycling Account may be
expended by the board, upon appropriation by the Legislature, for the
purposes of implementing this chapter and for the following
purposes:
   (1) To provide recycling incentive payments to hazardous
electronics material handlers that collect and process hazardous
electronics and hazardous electronic 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.
   (2) To provide grant funds to local governments for the cleanup of
illegally dumped hazardous electronic devices and to establish and
maintain local programs that supplement private sector programs
pursuant to Section 42467 for the convenient and cost-effective
collection and recycling of hazardous electronics and hazardous
electronic devices.
   (3) To provide grants to nonprofit agencies that accept for
recycling hazardous electronics and hazardous electronic devices.

(4) To provide financial incentives to manufacturers of hazardous
electronic devices to encourage consumers to return the devices for
processing, or recycling, and to assist manufacturers in collecting,
processing, or recycling hazardous electronic devices.
   (5) To establish a public information program to educate the
public on the hazards of improper hazardous electronic device storage
and disposal and on the opportunities to recycle hazardous
electronic devices.  Not more than one percent of funds in the
account may be used for the purpose of implementing this paragraph.
   (6) To provide funding to the department to implement and enforce
Chapter 6.5 (commencing with Section 25100) of Division 20 of the
Health and Safety Code, as that chapter relates to hazardous
electronic devices, and any regulations adopted by the department
pursuant to that chapter.
   (b) The board may not provide any grant or payment for hazardous
electronic devices unless the materials will be handled in compliance
with all statutes and regulations regarding the export of hazardous
wastes.  No grant or payment may be made for hazardous electronic
devices exported to any country where the export of hazardous waste
is prohibited.

      Article 6.  State Agency Procurement

   42480.  (a) A state agency that purchases or leases hazardous
electronic devices shall require each prospective bidder, to certify
that it, and its agents, subsidiaries, partners, joint venturers, and
subcontractors for the procurement, have complied with this chapter
and any regulations adopted by the board pursuant to this chapter, or
to demonstrate that this chapter is inapplicable to all lines of
business engaged in by the bidder, its agents, subsidiaries,
partners, joint venturers, or subcontractors.
   (b) Failure to provide certification pursuant to this section
shall render the prospective bidder and its agents, subsidiaries,
partners, joint venturers, and subcontractors ineligible to bid on
the procurement of hazardous electronic devices.
   (c) 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 this chapter.
   (d) Any person awarded a contract by a state agency that is found
to be in violation of this section 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 this section, 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.

      Article 7.  Inapplicability of Chapter

   42485.  The board shall not implement this chapter if either of
the following occur:
   (a) A federal law, or a combination of federal laws, takes effect
and does all of the following:
   (1) Establishes a program for the collection, recycling, and
proper disposal of cathode ray tube devices that is applicable to all
cathode ray tube devices sold in the United States.
   (2) Provides revenues to the state to support the collection,
recycling, and proper disposal of cathode ray tube devices, in an
amount that is equal to, or greater than, the revenues that would be
generated by the fee imposed under Section 42471.
   (3) Requires cathode ray tube 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.
   (b) 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.
The 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.
  SEC. 4.   The provisions of this act are severable.  If any
provision of this act or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
  SEC. 5.   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.   
  SEC. 6.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   Due to the public health and environmental threat posed by
hazardous electronic waste, and in order to further limit the adverse
effect of this waste on public health and safety and the
environment, it is necessary that this act take effect immediately.