BILL NUMBER: SB 20	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 29, 2003
	AMENDED IN SENATE  JUNE 2, 2003
	AMENDED IN SENATE  MAY 21, 2003
	AMENDED IN SENATE  MAY 6, 2003

INTRODUCED BY   Senators Sher and Romero
   (Principal coauthor:  Senator Kuehl)
   (Principal coauthor:  Assembly Member Jackson)
    (Coauthor:  Assembly Member Pavley) 
    (Coauthor:  Senator Figueroa) 
    (Coauthors:  Assembly Members Chu, Koretz, Leno, Levine,
Lieber, Montanez, Pavley, and Wolk) 

                        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
 Article 4 (commencing with Section 41516) to Chapter 3.5 of Part
2 of, and  Chapter 8.5 (commencing with Section 42460) to Part
3 of  ,  Division 30 of the Public Resources Code, relating
to hazardous and solid waste.



	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  by January 1, 2007,   to
prohibit the use of hazardous materials in the manufacture of
hazardous electronic devices sold in the state,   that
would prohibit electrical and electronic equipment put on the market
from containing chemicals that are prohibited in electrical and
electronic equipment put on the market under Directive 2002/95/EC, as
adopted by the European Parliament and the Council of the European
Union on January 27, 2003.  The bill also would require the
department  to  adopt regulations by January 1, 2005, 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
  make it unlawful to sell  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 or retailer selling a
hazardous electronic device in this state to collect an electronic
waste collection fee from the consumer and to transmit the fee to the
board in accordance with a schedule and procedures that the board
would be required to establish.  The bill would require the board, by
January 1, 2006, and on or before January 1 of every second year
thereafter, to establish, and adjust as needed, an electronics waste
collection fee schedule for hazardous electronic devices sold in this
state and would provide that from January 1, 2004, until January 1,
2006, the electronics waste collection fee would be set in an amount
according to a specified fee schedule.
   The bill would require each manufacturer of a hazardous electronic
device sold in this state, by July 1, 2004, and at least once
annually thereafter, to report to the board on the number of
hazardous electronic devices sold by the manufacturer in this state
during the previous calendar year and to make information available
to consumers 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, through
specified means.
   The bill would require the board, by January 1, 2006, and each
year thereafter, to establish annual recycling targets for hazardous
electronic devices.  The bill would require that, for calendar year
2006, the recycling targets for the amount of hazardous electronic
devices recycled in the state equal 50% or more of the hazardous
electronic devices sold in the state during the calendar year 2005.
 The bill would require a manufacturer of a hazardous electronic
device, as defined, sold in the state to  either  establish
and implement a hazardous electronic device  recovery
  recycling  system  that is  
or to pay a electronic waste recycling fee.  The bill would require
the hazardous electronic device recycling system to be 
certified by the board for the  collection, handling,
transportation   receipt  , processing, 
recovery, reuse,  and recycling of the hazardous electronic
waste resulting from the devices sold by that manufacturer.   The
bill would require the hazardous electronic device recycling system
to meet specified requirements, including meeting or exceeding the
recovery targets established by the board.  
   The bill would require a manufacturer who elects to pay the
electronic waste recycling fee to pay the fee for each hazardous
electronic device produced by the manufacturer and sold to a
purchaser in this state.  The bill would require the board to
establish, by January 1, 2005, and to revise as necessary, the
electronic waste recycling fee schedule for hazardous electronic
devices sold to purchasers in this state.  The bill would require the
board to base the electronic waste recycling fee on the net cost of
an e-waste recycler to receive, process, and recycle a hazardous
electronic device from an authorized collector, and to design the fee
to generate sufficient funds to cover the net costs of recycling
hazardous electronic waste projected to be generated in this state
and make electronic waste recovery and recycling payments to
electronic waste recyclers.    The  
   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,
  to make electronic waste recycling and recovery
payments to electronic waste recyclers and to administer the act. The
bill would authorize the board to expend any remaining funds in the
account, upon appropriation by the Legislature, to  provide
grant funds to local governments  and nonprofit agencies
  for the cleanup of electronic devices and programs
 for recycling hazardous electronic devices,  to provide
grants to nonprofit agencies to refurbish or recycle hazardous
electronic devices, to  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 require the board to establish on January 1, 2004,
and on January 1 every two years thereafter, an electronic waste
recovery payment schedule to cover the net cost of an authorized
collector in operating a free and convenient system for collecting,
consolidating and transporting hazardous electronic wastes generated
in this state and to establish an electronic waste recycling payment
schedule to cover an e-waste recycler's net cost of receiving,
processing, and recycling a hazardous electronic device from an
authorized collector.
   The bill would require the board to pay an e-waste recovery
payment and an e-waste recycling payment to an electronic waste
recycler, for the hazardous electronic waste generated in this state
that is collected and received by the e-waste recycler for recycling.
  The e-waste recycler would be require to transmit the e-waste
recovery payment to an authorized collector or its designated
consolidator, for all hazardous electronic waste generated in this
state, that is collected and received by the e-waste recycler.  The
bill would allow an e-waste recycler to receive these payments only
if the e-waste recycler meets specified eligibility requirements
regarding the e-waste recycler's facilities and to make certain
demonstrations if the e-waste recycler intends to export hazardous
electronic waste to a foreign destination.   The bill would
authorize the board to adopt regulations to implement the bill.
   (3)  Existing law, the California Integrated Waste Management
Act of 1989, requires the county or regional agency integrated waste
management plan that a county or regional agency is required to
submit to the board to contain a household hazardous waste element.
   This bill would require, on and after January 1, 2004, that when a
county or regional agency revises the county or regional integrated
waste management plan and its elements, the city household hazardous
waste element and county household hazardous waste element would be
required to identify those actions the city, county, or regional
agency is taking to promote the collection, consolidation, recovery,
and recycling of hazardous electronic waste, thereby creating a
state-mandated local program by imposing new duties upon local
agencies.
   (4)  This bill would provide that its provisions are
severable.  
  (4)  
  (5)  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  
reasons  .
   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.  The Legislature finds and declares all of the
following:
   (a) Electronic waste  from hazardous electronic devices
 represents one of the fastest growing  and 
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   this waste poses  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  
Electronic waste  recovered for recycling, including devices
from California public agencies,  have   has
 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   electronic waste that is
 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   electronic waste  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 system should ensure that economically viable and
sustainable markets are developed and supported for recovered
materials and components in order to conserve resources and maximize
business and employment opportunities within California.
   (n)  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   Notwithstanding any other
provision of law, 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.   that prohibit electrical and electronic
equipment put on the market from containing the chemicals that are
prohibited from being contained in electrical and electronic
equipment put on the market under Directive 2002/95/EC, adopted by
the European Parliament and the Council of the European Union on
January 27, 2003. 
   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.   Article 4 (commencing with Section 41516) is added to
Chapter 3.5 of Part 2 of Division 30 of the Public Resources Code,
to read:

      Article 4.  Hazardous Electronic Waste

   41516.  (a) For purposes of this article, "hazardous electronic
waste" has the same meaning as defined in subdivision (1) of Section
42463.
   (b) On and after January 1, 2004, when a county or regional agency
revises the countywide or regional integrated waste management plan
and its elements pursuant to Section 41770, the city household
hazardous waste element and county household hazardous waste element
in the plan shall identify those actions the city, county, or
regional agency is taking to promote the collection, consolidation,
recovery, and recycling of hazardous electronic waste.
  SEC. 4.   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   , more recyclable, and that use recycled
materials  .
   (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.

      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)  
   (a) "Account" means the Electronic Waste Recovery and Recycling
Account created in the Integrated Waste Management Fund under Section
42476.
   (b) "Authorized collector" means any of the following:
   (1) A city, county or district that collects hazardous electronic
devices.
   (2) A person or entity that is required or authorized by a city,
county, or district to collect hazardous electronic devices pursuant
to the terms of a contract, license, permit, or other written
authorization.
   (3) A non-profit organization that collects or accepts hazardous
electronic devices.
   (4) A manufacturer or agent of the manufacturer that collects,
consolidates, and transports hazardous electronic devices for
recycling from consumers, businesses, institutions, and other
generators.
   (5) Any entity that collects, handles, consolidates, and
transports hazardous electronic devices and has filed a notification
with the department pursuant to Article 7 (commencing with Section
66273.80) of Chapter 23 of Division 4.5 of Title 22 of the California
Code of Regulations.
   (c)  "Board" means the California Integrated Waste Management
Board.  
   (c)  
   (d)  (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)  
   (e)  "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)  
   (f) "Electronic waste collection fee" or "E-Waste collection fee"
means the electronic waste collection fee imposed pursuant to Article
3 (commencing with Section 42464).
   (g) "Electronic-waste recycling fee" or "E-waste recycling fee"
means the hazardous electronics device recycling fee imposed pursuant
to Section 42471.
   (h) "Electronic waste recycler" or "E-waste recycler" means any of
the following:
   (1) A person who engages in the manual or mechanical separation of
hazardous electronic devices to recover components and commodities
contained therein for the purpose of reuse or recycling.
   (2) A person certified by the department who changes the physical
or chemical composition of a hazardous electronic device by
deconstructing, size reduction, crushing, cutting, sawing,
compacting, shredding, or refining for purposes of segregating
components, for purposes of recovering or recycling those components,
and who arranges for the transport of those components to an
end-user.
   (3) A manufacturer with a hazardous electronic waste recycling
plan certified by the board pursuant to this chapter.
   (i) "Electronics waste recovery payment" or "E-waste recovery
payment" means the amount established pursuant to Section 42477 and
paid by the board to an electronics waste recycler pursuant to
Section 42479, to be transmitted to the authorized collector, to
cover the net cost of an authorized recycler to collect, consolidate,
and transport hazardous electronic wastes generated in this state to
the e-waste recycler.
   (j) "Electronics waste recycling payment" or "E-waste recycling
payment" means an amount established pursuant to Section 42478 and
paid by the board to an electronics waste recycler pursuant to
Section 42479 to cover the net cost of an e-waste recycler to
receive, process, and recycle hazardous electronic waste from an
authorized collector.
   (k) "Hazardous electronic device" means a cathode ray tube, or
cathode ray tube device or any other video display device that is
greater than four inches in size and that the department determines,
when discarded, would be a hazardous waste for purposes of Chapter
6.5 (commencing with Section 25100) of Division 20 of the Health and
Safety Code.
   (l) "Hazardous electronic waste" means a cathode ray tube, or
cathode ray tube device or any other video display device that is
greater than 4 inches in size and that the department determines is a
hazardous waste pursuant to Chapter 6.5 (commencing with Section
25100) of Division 20 of the Health and Safety Code.
   (m)  "Hazardous material" has the same meaning as defined in
Section 25501 of the Health and Safety Code.  
   (h)  
   (n)  "Manufacturer" means any person who manufactures a
hazardous electronic device and sells that hazardous electronic
device in this state.  
   (i)  
   (o)  "Registrant" means the manufacturer, or an independent
party that submits the plan required by Section 42468 instead of the
manufacturer.  
   (p) "Retailer" means a person who sells a hazardous electronic
device in the state to a consumer but who did not manufacture the
device.

      Article 3.  Electronic Waste Collection and Consolidation Fee

   42464.  The Legislature finds and declares all of the following:
   (a) The cost of collection, consolidation, and recycling of
electronic waste should be shared among consumers and the
manufacturers of those devices.
   (b) The cost of collection and consolidation of electronic waste
should be covered through the imposition of a collection fee at the
point of retail sale of a hazardous electronic device.
   42464.1.  (a) (1) A manufacturer or retailer selling a hazardous
electronic device in this state that is subject to this chapter shall
collect an electronic waste collection fee in the amount specified
in subdivision (b) or (c), as applicable, from the consumer at the
time and point of purchase in the amount established pursuant to this
section.  The fee shall be collected for all sales of hazardous
electronic devices in this state, including, but not limited to, a
sale made electronically, over the Internet, telephonically, or by
any other means that results in a hazardous electronic device being
transported or shipped into the state.
   (2) The electronic waste collection fee collected pursuant to this
section shall be transmitted to the board in accordance with a
schedule and procedure that the board shall establish pursuant to
Section 42475.  The electronic waste collection fees shall be
deposited in the account pursuant to Section 42476.
   (3) A manufacturer or retailer selling a hazardous electronic
device may retain 3 percent of the electronic waste collection fee as
reimbursement for any costs associated with the collection of the
fee.
   (b) On or before January 1, 2006, and on or before January 1 of
every second year thereafter, the board shall establish, and adjust
as needed, an electronics waste collection fee schedule for hazardous
electronic devices sold in this state.  The board shall establish
the amount of the electronics waste collection fee at a level that is
sufficient to generate revenues to make the e-waste recovery
payments authorized pursuant to Section 42479, to cover the costs of
an authorized collector for collecting, consolidating, and
transporting hazardous electronic devices generated in this state, in
a manner that is cost-free and convenient to consumers.
   (c) On and after January 1, 2004, and on and before December 31,
2005, the electronics waste collection fee shall be collected in the
following amounts:
   (1) Three dollars ($3) for each hazardous electronic device with a
screen size of less than 12 inches measured diagonally.
   (2) Five dollars ($5) for each hazardous electronic device with a
screen size greater than or equal to 12 inches but less than 20
inches measured diagonally.
   (3) Seven dollars ($7) for each hazardous electronic device with a
screen size greater than or equal to 20 inches but less than 28
inches measured diagonally.
   (4) Nine dollars ($9) for each hazardous electronic device with a
screen size greater than or equal to 28 inches but less than 35
inches measured diagonally.
   (5) Ten dollars ($10) for each hazardous electronic device with a
screen size greater than 35 inches measured diagonally.
   (6) Notwithstanding paragraphs (1) to (5), inclusive, three
dollars ($3) for each laptop or notebook personal computer that is a
hazardous electronic device. 

      Article  3.   4.   Manufacturer
Responsibility

   42465.   (a) A person may not   It shall be
unlawful to  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)  
   42465.1.   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 hazardous electronic device
recovery system implemented pursuant to a hazardous electronic device
recovery plan certified by the board pursuant to Section 42469 is
meeting the targets.
   (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 that all hazardous electronic
waste is managed in accordance with all applicable laws, regulations,
and ordinances.  
   42465.2.  On or before July 1, 2004, and at least once annually
thereafter as determined by the board, each manufacturer of a
hazardous electronic device sold in this state shall do both of the
following:
   (a) Report to the board the number of hazardous electronic devices
sold by the manufacturer in this state during the previous calendar
year.
   (b) Make information available to consumers, 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, through the use of a toll-free telephone number,
Internet Web site, and information labeled on the device, included in
the packaging, or accompanying the sale of the hazardous electronic
device.
   42466.  (a) Except as specified in subdivision (b), on and after
January 1, 2006, and each year thereafter, the board shall establish
annual recycling targets for hazardous electronic devices.  In
implementing this section, the board shall do all of the following:
   (1) Design and adopt recycling targets to establish a specific and
measurable set of standards of overall program success and
individual manufacturer accountability for a manufacturer's
electronics recycling plans.
   (2) Develop and adopt recycling targets, with input from
manufacturers, retailers, electronic waste recyclers, and collectors,
that reflect projections of hazardous electronic device sales, rates
of obsolescence, and stockpiles.
   (3) Develop and adopt recycling targets that achieve the
elimination of hazardous electronic device stockpiles and legacy
devices by the end of the year 2007 and end the illegal disposal of
hazardous electronic devices.
   (b) For the calendar year 2006, the recycling targets for the
amount of hazardous electronic devices recycled in the state shall
equal 50 percent or more of the hazardous electronic devices sold in
the state during the calendar year 2005.
   (c) Notwithstanding the recycling targets established pursuant to
this section, to the extent that any federal and state law or
regulation or local ordinance prohibits the disposal of hazardous
electronic waste at a solid waste disposal facility, hazardous
electronic waste shall be managed in accordance with those applicable
laws, regulations, and with all other 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  
recycling system that is certified by the board pursuant to this
article for the receipt, processing, 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.  
   (4) Demonstrate that the hazardous electronic waste is being
exported for the purposes of reuse or recycling. 
   (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
device recovery plan to establish a hazardous electronic 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.  
electronic waste recycling plan for a hazardous electronic device
recycling system that meets all of the following conditions:
   (1) The plan demonstrates that the hazardous electronic device
recycling system will result in the safe and efficient receipt,
processing, and recycling of hazardous electronic waste generated in
this state from authorized collectors and other sources at no cost to
consumers and authorized collectors and is capable of meeting the
recycling targets established pursuant to Section 42466.
   (2) The plan includes a signed certification that any facility
utilized by the manufacturer or registrant for the handling,
processing, refurbishment, or recycling of a hazardous electronic
devices meets all of the following standards:
   (A) The facility has been inspected by the department or the
Certified Unified Program Agency, as defined in Section 25404 of the
Health and Safety Code, and has been found to be operating in
compliance with all applicable laws, regulations, and ordinances.
   (B) The facility is accessible during normal business hours for
inspection by state or local regulatory agencies.
   (C) The facility meets or exceeds the standards specified in
Chapter 1 (commencing with Section 1171) of Part 4 of Division 2,
Division 4 (commencing with Section 3200), and Division 5 (commencing
with Section 6300), of the Labor Code or, if all or part of the work
is to be performed in another state, the equivalent requirements of
that state. 
   (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. 
 exceeding the recovery targets established by the board pursuant
to subdivision (a) of Section 42466 or specified in subdivision (b)
of Section 42466.
   (8) The plan may include contracts, service agreements, lease
agreements, or any other information that demonstrates that the
manufacturer or registrant has binding agreements for accepting or
otherwise taking back and recycling hazardous electronic devices from
commercial, governmental, or other institutional customers. 
   (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 may either recycle, refurbish, or
reuse, 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 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  
recycling  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   recycling  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  
recycling  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
  recycling  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   to the board the electronic waste recycling
 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.  
   (b) On and after January 1, 2005, a manufacturer who elects to pay
the electronic waste recycling fee shall pay the fee pursuant to
this section for each hazardous electronic device produced by the
manufacturer and sold to a purchaser in this state.
   (c) On January 1, 2005, and annually thereafter, the board shall
establish and revise as necessary an electronic waste recycling fee
schedule for hazardous electronic devices sold to purchasers in this
state.
   (d) The board shall base the amount of the electronic waste
recycling fee on the net cost of an e-waste recycler to receive,
process, and recycle a hazardous electronic device from an authorized
collector, and shall design the fee to generate sufficient funds to
make the electronic waste recycling payments pursuant to Section
42479, in an amount that covers the net cost of an electronic waste
recycler to receive, process and recycle the hazardous electronic
waste projected to be generated in this state.
   (e) A manufacture who elects to pay the electronic waste recycling
fee shall pay the fee for any sale of a hazardous electronic device
produced by the manufacturer, including, but not limited to, a sale
made electronically, over the Internet, telephonically, or by any
other means that result in a hazardous electronic device being
shipped to or used in this state.
   (f) Except as provided otherwise pursuant to subdivision (g), the
fees required to be paid pursuant to this section shall be
transmitted to the board in accordance with a schedule and procedure
to be established by the board pursuant to Section 42475.
   (g) The board may collect the fees imposed pursuant to this
section pursuant to the Fee Collection Procedures Law (Part 30
(commencing with Section 55001) of Division 2 of the Revenue and
Taxation Code).  The board may contract with the State Board of
Equalization or another party for collection of one or more of the
fees due under this section.
   (h) The electronic waste recycling fees collected pursuant to this
section shall be deposited in the account established pursuant to
Section 42476. 
   42472.  The imposition of  a hazardous   an
 electronics waste  device, recycling, and recovery fee
pursuant to Section 42471 is   collection fee and
electronic waste recycling fee 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.   ordinance, resolution, regulation,
or rule requiring a consumer, manufacturer, or retailer to recycle
hazardous electronic devices or imposing an electronic waste
collection fee or electronic waste recycling fee upon a manufacturer,
retailer, or consumer, unless expressly authorized under this
chapter. 
   42473.  The Legislature declares that the imposition of a 
hazardous electronics device recycling and recovery fee pursuant to
Section 42471   electronic waste collection fee and an
electronic waste recycling fee  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.   for which an electronic waste
collection fee has not been paid pursuant to Section 42464.1 or which
is either not covered by a hazardous electronic device recycling
system certified by the board pursuant to Section 42467 or for which
the electronic waste recycling fee has been paid pursuant to 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.
  sale of a hazardous electronic device for which an
electronic waste collection fee has not been paid pursuant to Section
42464.1 or which is either not covered by a hazardous electronic
device recycling system certified by the board pursuant to Section
42467 or for which the electronic waste recycling fee has been paid
pursuant to 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.   5.   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
 

      Article 6.  Financial Provisions

   42476.  (a) The board shall deposit all fees or fines collected
under this chapter into the Electronic Waste Recovery and Recycling
Account, which is hereby created in the Integrated Waste Management
Fund.  The funds in the Electronic Waste Recovery and Recycling
Account may be expended by the board, upon appropriation by the
Legislature, for the following purposes:
   (1) To make electronic waste recovery payments to an authorized
collector of hazardous electronics waste pursuant to Section 42479.
   (2) To make electronic waste recycling payments to a certified
electronic waste recyclers of hazardous electronics wastes pursuant
to Section 42479.
   (3) To provide for costs of the board and the department to
administer this chapter.
   (4) 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) If, after the board allocates the amount authorized to be
expended pursuant to subdivision (a), there is any balance remaining
in the Electronic Waste Recovery and Recycling Account, the board may
expend the specified portion of any projected balance, upon
appropriation by the Legislature, for the following purposes:
   (1) To provide grant funds to local governments for the cleanup of
hazardous electronic devices that are disposed of in violation of
applicable state and local laws, ordinance and regulations, and to
establish and maintain local programs for the convenient and free
collection and recycling of hazardous electronics and hazardous
electronic devices.
   (2) To provide grants to nonprofit agencies that accept hazardous
electronic devices for refurbishing or recycling.
   (3) 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.
   (4) 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.  The board may not expend more than one percent
of funds in the account may be used for the purpose of implementing
this paragraph.
   (c) 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 import of hazardous
waste is prohibited.
   42477.  On January 1, 2004, and on January 1 every two years
thereafter, the board shall establish an electronic waste recovery
payment schedule for hazardous electronic wastes generated in this
state to cover the net cost for an authorized collector to operate a
free and convenient system for collecting, consolidating and
transporting hazardous electronic wastes generated in this state.
   42478.  On January 1, 2004, and on January 1 every two years
thereafter, the board shall establish an electronic waste recycling
payment schedule for hazardous electronic wastes generated in this
state to cover an electronic waste recycler's net cost to receive,
process, and recycle a hazardous electronic device from an authorized
collector.
   42479.  (a) The board shall make the following payments to an
electronic waste recycler, for all hazardous electronic waste
generated in this state, that is collected and received by the
e-waste recycler for recycling, upon presentation of a completed
e-waste recycler invoice in the form adopted by the board:
   (1) The applicable e-waste recovery payment established pursuant
to Section 42477, which shall be transmitted by the e-waste recycler
to the authorized collector pursuant to subdivision (c).
   (2) The applicable e-waste recycling payment established pursuant
to Section 42478, which shall be retained by the e-waste recycler.
   (b) Notwithstanding subdivision (a), the board may not pay an
e-waste recycling payment to an e-waste recycler that is a or
registrant operating a hazardous electronic device recycling system
established pursuant to Section 42467 for any amount of hazardous
electronic waste received in a calendar year that is less than the
amount of hazardous electronic waste specified in the recycling
targets established pursuant to Section 42466.

            (c) An e-waste recycler shall pay the applicable e-waste
recovery payment established pursuant to Section 42477 to an
authorized collector or its designated consolidator, for all
hazardous electronic waste generated in this state, that is collected
and received by the e-waste recycler for recycling, upon receipt by
the e-waste recycler of a shipping report from the authorized
collector, in the form adopted by the board.
   (d) An e-waste recycler is eligible for a payment pursuant to this
section only if the e-waste recycler meets all of the following
requirements:
   (1) The e-waste recycler certifies to the board that the e-waste
recycler is in compliance with applicable requirements of Article 6
(commencing with Section 66273.70) of Chapter 23 of Division 4.5 of
Title 22 of the California Code of Regulations.
   (2) The e-waste recycler demonstrates to the board that any
facility utilized by the e-waste recycler for the handling,
processing, refurbishment, or recycling of hazardous electronic
devices meets all of the following standards:
   (A) The facility has been inspected by the department or the
Certified Unified Program Agency within the past 12 months and had
been found to be operating in conformance with all applicable laws,
regulations and ordinances.
   (B) The facility is accessible during normal business hours for
unannounced inspections by state or local agencies.
   (C) The facility submits health and safety, employee training, and
environmental compliance plans to the manufacturer or registrant and
certifies compliance with the plans.
   (D) The facility meets or exceed the standards specified in
Chapter 1 (commencing with Section 1171) of Part 4 of Division 2
Division 4 (commencing with Section 3200), and Division 5 (commencing
with Section 6300), of the Labor Code or, if all or part of the work
is to be performed in another state, the equivalent requirements of
that state.
   (3) If the e-waste recycler intends to export hazardous electronic
waste to a foreign destination, the e-waste shall comply with all of
the following requirements before exporting the hazardous electronic
waste to that foreign destination:
   (A) Notify the department of the contents, volume, and destination
of the proposed export.
   (B) Demonstrate that the hazardous electronic waste will be
handled in a manner that is at least as protective of public health,
worker safety, and the environment as the laws, regulations, and
ordinances applicable to the recycling and disposal of these devices
in this state.
   (C) Demonstrate that the importation of hazardous electronic waste
is not prohibited by any applicable law or regulation of the country
of destination.
   (D) Demonstrate that the hazardous electronic waste is being
exported for the purposes of reuse or recycling.

      Article 7.  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.   8.   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.  
  SEC. 5.   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.  
  SEC. 6.   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  or because a local agency or school
district has the authority to levy service charges, fees, or
assessments sufficient to pay for the program or level of service
mandated by this act, within the meaning of Section 17556 of the
Government Code  .