BILL NUMBER: SB 50	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 18, 2004
	AMENDED IN ASSEMBLY  JUNE 21, 2004
	AMENDED IN ASSEMBLY  JUNE 7, 2004
	AMENDED IN SENATE  JANUARY 16, 2004
	AMENDED IN SENATE  JANUARY 7, 2004

INTRODUCED BY   Senator Sher

                        JANUARY 9, 2003

   An act to amend Section 25214.10 of, and to add Sections
25214.10.1 and 25214.10.2 to, the Health and Safety Code, and to
amend Sections 42463, 42464, 42465, 42465.1, 42465.2, 42465.3, 42475,
42475.2, 42476, 42476.5, 42477, 42478, and 42485 of, to add Sections
42464.4  , 42464.6,  and 42486 to, to repeal Section
42475.1 of, and to repeal and add Section 42464.2 of, the Public
Resources Code, relating to solid waste  , and making an
appropriation therefor  .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 50, as amended, Sher.  Solid waste:  hazardous electronic
waste.
   (1) The Electronic Waste Recycling Act of 2003 makes it unlawful
to sell, on or after July 1, 2004, a covered electronic device, as
defined, in this state to a consumer, as defined, unless the
California Integrated Waste Management Board (board) or the
Department of Toxic Substances Control (department) determines that
the manufacturer of that device is in compliance with the act.  The
act requires a retailer selling a covered electronic device in this
state to collect a covered electronic waste recycling fee from the
consumer, as specified.  The act requires a manufacturer, on or
before April 1, 2004, to inform the retailer if a covered electronic
device is subject to the waste recycling fee.
   This bill would require the department to adopt regulations to
identify electronic devices  that are video display devices
with a screen size of greater than 4 inches   , as
defined,  that the department  has determined 
 determines  are presumed to be, when discarded, a hazardous
waste pursuant to the hazardous waste control laws.   The
bill would require the department to adopt regulations for
determining whether an electronic device, when discarded, is not a
hazardous waste. 
   The bill would require a manufacturer to inform a retailer and the
State Board of Equalization  by August 1, 2004, and by April
1, annually thereafter   , in accordance with a
specified schedule,  whether a device is a covered electronic
device  for purposes of the act   that is
identified in the regulations adopted by the department  and
would require a covered electronic device identified in the
regulations  adopted by July 1, 2004  , to be
subject to the act  on and after November 1, 2004 
 in a specified manner  .  The bill would specify a
procedure for a manufacturer to obtain  the determination of
  a written nonhazardous determination from  the
department that an electronic device  is not subject to the
act   would not be a hazardous waste when discarded
 .  The bill would authorize the department to adopt emergency
regulations to implement these requirements.
   (2) Existing law, the act, requires a retailer selling a covered
electronic device in this state to collect an electronic waste
recycling fee from the consumer on and after  July 
 November  1, 2004, and to transmit the fee to the board in
accordance with a schedule and procedures that the board is required
to establish.  The act requires the board, in collaboration with the
department, on and after July 1, 2005, and at least once every 2
years thereafter, to review and adjust the electronic waste recycling
fee, based on specified factors.
   The bill would revise the definitions of the terms "consumer,"
 "covered electronic device,"  "covered electronic waste,"
"person," "retailer," and "retail sale," and would define the terms
"discarded  ,  "  and  "recycling," 
"refurbished," "vendor," and "video display device"  for
purposes of the act.  
   The bill would require a retailer to collect the fee on and after
November 1, 2004, instead of on and after July 1, 2004. 
   The bill would revise the procedures for reviewing and adjusting
the covered electronic waste recycling fee.
   The bill would repeal the authorization for the board to collect
the fee  and would require the board, on or before November
1, 2004, in consultation with the State Board of Equalization, to
issue a specified notice and establish a call center for the purposes
of responding to any inquiries or complaints from retailers or from
the public concerning payment or collection of the fee.
   The bill   and would require the State Board of
Equalization  , on and after January 1, 2005,  to
collect the electronic waste recycling fees  from retailers
and to deposit   .  The bill would require  those
fees  to be deposited  in the Electronic Waste Recovery and
Recycling Account.  The bill would require the covered electronic
waste recycling fee to be due and payable quarterly on or before the
last day of the month following each calendar quarter.
   (3) The act requires each manufacturer of an electronic device who
sells a covered electronic device in this state to submit an annual
report to the board on the number of electronic devices sold by the
manufacturer.
   This bill would authorize a manufacturer to report only on those
covered electronic devices that are  not subject to 
 exempt from, or contain compounds that are exempt from, 
Directive 2002/95/EC, as specified.
   (4) Under existing law, the Electronic Waste Recovery and
Recycling Account is created in the Integrated Waste Management Fund
and the board and the department are authorized to expend the moneys
deposited in the account, upon appropriation by the Legislature, for
specified purposes.  
   This bill would continuously appropriate the money in the account
to pay refunds and make electronic waste recovery payments and
recycling payments and would additionally continuously appropriate
the money to make specified payments to manufacturers.  The bill
would authorize the money in the account to be expended, upon
appropriation by the Legislature, for the other specified purposes.

   The bill would establish the Electronic Waste Penalty Subaccount
in the account, would require all fines or penalties collected
pursuant to the act to be deposited in the subaccount, and would
authorize the expenditure of the funds in the subaccount only upon
appropriation by the Legislature.
   (5) Existing law requires the board, in collaboration with the
department, to establish 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 covered electronic wastes.  Existing law also
requires the board to establish an electronic waste recycling payment
schedule to cover an e-waste recycler's net cost of receiving,
processing, and recycling covered electronic waste.
   This bill  would require the board to adopt regulations
specifying cancellation methods for the recovery, processing, or
recycling of covered electronic waste and  would  revise the
conditions under which the board may make those payments, including
requiring the manufacturer or authorized collector or recycler to
provide a cost-free and convenient opportunity to recycle electronic
waste.  The bill would   allow the board to make
electronic waste recycling payments or electronic waste recovery
payments only for covered electronic waste that is  
also require the covered electronic waste, if processed, to be 
processed in this state according to  a   the
 cancellation procedure  that the board would be
required to adopt.  The bill would authorize the board to elect to
pay an electronic waste recycling payment or electronic waste
recovery payment for covered electronic waste,   adopted
by the board and, if the waste is recycled, to be recycled in the
state,  if the board declares that the state is a market
participant in the business of the recycling of covered electronic
waste, as specified  , and the board pays the electronic
waste recycling payment or electronic waste recovery   .
  The bill would authorize the board to make a  payment to a
manufacturer who takes back  and cancels  covered
electronic waste from a consumer in this state, as specified.

   The bill would authorize the board to make supplemental electronic
waste recovery payments to an authorized collector who makes a
specified demonstration to the board. 
   (6) Existing law requires a person who intends to export
electronic waste to a foreign destination to comply with specified
notification requirements and to demonstrate, among other things,
that the handling of the exported electronic waste within the country
of destination would meet certain standards adopted by the
Organization for Economic Cooperation and Development.
   This bill would instead require a person who  intends to
export  exports  covered electronic waste, or a
covered electronic device intended for reuse  
recycling or disposal,  to a foreign country, or to another
state for ultimate export to a foreign country, to comply with
specified notification requirements and make specified
demonstrations, including a demonstration with regard to management
of the waste in accordance with the decisions and implementing
guidelines of the Organization for Economic Cooperation and
Development, notwithstanding that the country of destination is not a
member of the Organization for Economic Cooperation and Development.

   (7) Existing law prohibits the board and the department from
implementing the act if specified circumstances occur.
   This bill would provide that the provisions of the act shall
become inoperative on the date that one of those circumstances
occurs, except for specified purposes.
   (8) The bill would also make technical changes to the act.
   (9) Because the act is incorporated into the hazardous waste
control laws, a violation of which is a crime, the bill would impose
a state-mandated local program by creating new crimes.
  (10)    The bill would transfer $5,000,000 from the
General Fund to the State Board of Equalization, as a loan to be
repaid by July 1, 2005, to pay the administrative costs of collecting
the covered electronic waste recycling fee.
   (11)  The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state.  Statutory provisions establish procedures for
making that reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote:  majority.  Appropriation:   no   yes
 .  Fiscal committee:  yes. State-mandated local program:  yes.



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


  SECTION 1.  Section 25214.10 of the Health and Safety Code is
amended to read:
   25214.10.  (a) For purposes of this  chapter 
 section  , "electronic device" has the same meaning as a
"covered electronic device," as defined in Section 42463 of the
Public Resources Code.
   (b) The department shall adopt regulations, in accordance with
this section, that prohibit an electronic device from being sold or
offered for sale in this state if the electronic device is prohibited
from being sold or offered for sale in the European Union on and
after its date of manufacture, to the extent that Directive
2002/95/EC, adopted by the European Parliament and the Council of the
European Union on January 27, 2003, and as amended thereafter by the
Commission of European Communities, prohibits that sale due to the
presence of certain heavy metals.
   (c) The regulations adopted pursuant to subdivision (b) shall take
effect January 1, 2007, or on or after the date Directive
2002/95/EC, adopted by the European Parliament and the Council of the
European Union on January 27, 2003, takes effect, whichever date is
later.
   (d) The department shall exclude, from the regulations adopted
pursuant to this section, the sale of an electronic device that
contains a substance that is used to comply with the consumer,
health, or safety requirements that are required by the Underwriters
Laboratories, the federal government, or the state.
   (e) In adopting regulations pursuant to this section, the
department may not require the manufacture or sale of an electronic
device that is different than, or otherwise not prohibited by, the
European Union under Directive 2002/95/EC, adopted by the European
Parliament and the Council of the European Union on January 27, 2003.

   (f) (1) The department may not adopt any regulations pursuant to
this section that impose any requirements or conditions that are in
addition to, or more stringent than, the requirements and conditions
expressly authorized by this section.
   (2) In complying with this subdivision, the department shall use,
in addition to any other information deemed relevant by the
department, the published decisions of the Technical Adaptation
Committee and European Union member states that interpret the
requirements of Directive 2002/95/EC.
  SEC. 2.  Section 25214.10.1 is added to the Health and Safety Code,
to read:  
   25214.10.1.  (a) (1) For purposes of this section, "manufacturer"
and "retailer" have the same meaning as defined in Section 42463 of
the Public Resources Code.
   (2) The department shall adopt regulations that identify
electronic devices that are video display devices with a screen size
of greater than four inches and that the department determines are
presumed to be, when discarded, a hazardous waste pursuant to this
chapter.
   (3) The department shall adopt regulations for determining whether
an electronic device, when discarded would not be a hazardous waste.

   (b) Except as provided in subdivision (d), on or before August 1,
2004, and on or before every April 1 of each year thereafter, a
manufacturer, shall inform the State Board of Equalization and a
retailer that sells an electronic device manufactured by that
manufacturer whether that electronic device is listed in
subparagraphs (A) to (C), inclusive, of paragraph (1) of subdivision
(f) of Section 42463 of the Public Resources Code, or is identified
in the regulations adopted by the department pursuant to paragraph
(2) of subdivision (a).  The manufacturer shall inform the State
Board of Equalization and the retailer that the electronic device is
a covered electronic device and is subject to a fee in accordance
with subdivision (c).
   (c) (1) Except as provided in subdivision (d), each covered
electronic device that is listed in paragraph (1) of subdivision (f)
of Section 42463 of the Public Resources Code, or that is identified
in the regulations adopted, on or before July 1, 2004, by the
department, pursuant to paragraph (2) of subdivision (a), shall, on
and after November 1, 2004, be subject to Chapter 8.5 (commencing
with Section 42460) of Part 3 of Division 30 of the Public Resources
Code, including the fee imposed pursuant to Section 42464 of the
Public Resources Code.
   (2) Except as provided in subdivision (d), each covered electronic
device identified in the regulations adopted, on or after July 2,
2004, by the department, pursuant to paragraph (2) of subdivision
(a), shall, on and after the July 1 of the subsequent year in which
the device is first identified in the regulations, be subject to
Chapter 8.5 (commencing with Section 42460) of Part 3 of Division 30
of the Public Resources Code, including the fee imposed pursuant to
Section 42464 of the Public Resources Code.
   (d) The manufacturer of an electronic device that is listed in
paragraph (1) of subdivision (f) of Section 42463 of the Public
Resources Code, or is identified in the regulations adopted by the
department pursuant to paragraph (2) of subdivision (a), may apply to
the department for a determination that the device is nonhazardous,
in accordance with procedures set forth in regulations adopted by the
department pursuant to paragraph (3) of subdivision (a).  If the
department determines that the electronic device is nonhazardous, the
electronic device is not subject to Chapter 8.5 (commencing with
Section 42460) of Part 3 of Division 30 of the Public Resources Code
on the first day of the quarter that begins at least 30 days after
the last date on which the following required actions have occurred:

   (1) The date when the department provides a written statement to
the manufacturer that the electronic device is nonhazardous.
   (2) The date when the manufacturer notifies all retailers selling
the electronic device of the department's determination.
   (3) The date on which the department notifies the State Board of
Equalization in writing of its determination.
   (4) The date on which the department posts its determination on
its Web site.  
   25214.10.1.  (a) For purposes of this section, the following
definitions shall apply:
   (1) "Electronic device" means a video display device, as defined
in subdivision (u) of Section 42463 of the Public Resources Code,
with a screen size of greater than four inches.
   (2) "Covered electronic device," "manufacturer," and "retailer"
have the same meaning as those terms are defined in Section 42463 of
the Public Resources Code.
   (b) The department shall adopt regulations that identify
electronic devices that the department determines are presumed to be,
when discarded, a hazardous waste pursuant to this chapter.
   (c) (1) Except as provided in subdivision (e), a manufacturer of
an electronic device that is identified in the regulations adopted by
the department shall send a notice in accordance with the schedule
specified in subparagraph (A) or (B), as applicable, of paragraph
(3), to any retailer that sells that electronic device manufactured
by the manufacturer.  The notice shall identify the electronic
device, and shall inform the retailer that the electronic device is a
covered electronic device and is subject to a fee in accordance with
subdivision (d).  A manufacturer may satisfy this requirement by
either of the following methods:
   (A) The manufacturer may send the notice directly to the retailer.

   (B) The manufacturer may send the notice to a wholesaler, if the
wholesaler sends the notice to the retailer and the wholesaler
provides to the manufacturer a list of all retailers to which the
wholesaler provides the notice.  If a manufacturer submits the notice
to a wholesaler, the wholesaler shall send the notice to the
retailer in accordance with the schedule specified in subparagraph
(A) or (B) of paragraph (3), whichever is applicable.
   (2) A manufacturer subject to this subdivision shall also send a
copy of the notice to the State Board of Equalization.
   (3) The notice required by this subdivision shall be sent in
accordance with the following schedule:
   (A) On or before October 1, 2004, the manufacturer shall send a
notice covering any electronic device manufactured by that
manufacturer that is identified in the regulations adopted by the
department on or before July 1, 2004, that identify the electronic
devices that the department determines are presumed to be, when
discarded, a hazardous waste pursuant to this chapter.
   (B) On or before April 1, 2005, and on or before every April 1 of
each year thereafter, the manufacturer shall send a notice covering
any electronic device manufactured by that manufacturer identified in
the regulations adopted by the department pursuant to subdivision
(b) on or before December 31 of the prior year.
   (4) If a retailer sells a refurbished covered electronic device,
the manufacturer is required to comply with the notice requirement of
this subdivision only if the manufacturer directly or indirectly
supplies the refurbished covered electronic device to the retailer.
   (d) (1) Except as provided in subdivision (e), a covered
electronic device that is identified in the regulations adopted, on
or before July 1, 2004, by the department, that identify electronic
devices that the department determines are presumed to be, when
discarded, a hazardous waste pursuant to this chapter shall, on and
after November 1, 2004, be subject to Chapter 8.5 (commencing with
Section 42460) of Part 3 of Division 30 of the Public Resources Code,
including the fee imposed pursuant to Section 42464 of the Public
Resources Code.
   (2) Except as provided in subdivision (e), an covered electronic
device identified in the regulations adopted by the department,
pursuant to subdivision (b), shall, on and after July 1 of the year
subsequent to the year in which the covered electronic device is
first identified in the regulations, be subject to Chapter 8.5
(commencing with Section 42460) of Part 3 of Division 30 of the
Public Resources Code, including the fee imposed pursuant to Section
42464 of the Public Resources Code.
   (e) (1) If the manufacturer of an electronic device that is
identified in the regulations adopted by the department pursuant to
subdivision (b) obtains the concurrence of the department that an
electronic device, when discarded, would not be a hazardous waste, in
accordance with procedures set forth in Section 66260.200 of Title
22 of the California Code of Regulations, the electronic device shall
cease to be a covered electronic device and shall cease to be
subject to subdivisions (c) and (d) on the first day of the quarter
that begins not less than 30 days after the date that the department
provides the manufacturer with a written nonhazardous concurrence for
the electronic device pursuant to this subdivision.
   (2) No later than 10 days after the date that the department
issues a written nonhazardous concurrence to the manufacturer, the
department shall do both of the following:
   (A) Post on the department's Web site a copy of the nonhazardous
concurrence, including, but not limited to, an identification and
description of the electronic device to which the concurrence
applies.
   (B) Send a copy of the nonhazardous concurrence, including, but
not limited to, an identification and description of the electronic
device to which the concurrence applies, to the California Integrated
Waste Management Board and the State Board of Equalization. 
  SEC. 3.  Section 25214.10.2 is added to the Health and Safety Code,
to read:
   25214.10.2.  A regulation adopted pursuant to this article may be
adopted as an emergency regulation in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, and for the purposes of that chapter, including
Section 11349.6 of the Government Code, the adoption of these
regulations is an emergency and shall be considered by the Office of
Administrative Law as necessary for the immediate preservation of the
public peace, health, and safety, and general welfare.
Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code, an emergency
regulation adopted by the department pursuant to this section shall
be filed with, but not be repealed by, the Office of Administrative
Law and shall remain in effect for a period of two years or until
revised by the department, whichever occurs sooner.
  SEC. 4.  Section 42463 of the Public Resources Code is amended to
read:
   42463.  For the purposes of this chapter, the following terms have
the following meanings, unless the context clearly requires
otherwise:
   (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 covered electronic
devices.
   (2) A person or entity that is required or authorized by a city,
county, or district to collect covered electronic devices pursuant to
the terms of a contract, license, permit, or other written
authorization.
   (3) A nonprofit organization that collects or accepts covered
electronic devices.
   (4) A manufacturer or agent of the manufacturer that collects,
consolidates, and transports covered electronic devices for recycling
from consumers, businesses, institutions, and other generators.
   (5) An entity that collects, handles, consolidates, and transports
covered 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 
 applicable notifications with the department pursuant to Chapter
23 (commencing with Section 66273.1) of Division 4.5 of Title 22 of
the  California Code of Regulations.
   (c) "Board" means the California Integrated Waste Management
Board.
   (d)  (1)  "Consumer" means a person who purchases
a new or refurbished covered electronic device in a transaction that
is a retail sale or in a transaction to which a use tax applies
pursuant to Part 1 (commencing with Section 6001) of Division 2 of
the Revenue and Taxation Code.  
   (2) "Consumer" does not include a manufacturer who purchases
specialty or medical electronic equipment that is a covered
electronic device. 
   (e) "Department" means the Department of Toxic Substances Control.
  
   (f) (1) "Covered electronic device" means a cathode ray tube,
cathode ray tube device, flat panel screen, or any other similar
video display device with a screen size that is greater than four
inches in size measured diagonally and which the department
determines, when discarded or disposed, would be a hazardous waste
pursuant to Chapter 6.5 (commencing with Section 25100) of Division
20 of the Health and Safety Code.
   (2) If the manufacturer of an electronic device, obtains the
determination of the department that the electronic device is
nonhazardous, in accordance with subdivision (d) of Section
25214.10.1 of the Health and Safety Code, the electronic device is
not a covered electronic device for purposes of this chapter on the
first day of the quarter that begins at least 30 days after the last
date of the required actions specified in paragraphs (1) and (2) of
subdivision (d) of Section 25214.10.1 of the Health and Safety Code.

   (3)  
   (f) (1) Except as provided in paragraph (2), "covered electronic
device" means a video display device containing a screen greater than
four inches, measured diagonally, that is identified in the
regulations adopted by the department pursuant to subdivision (b) of
Section 25214.10.1 of the Health and Safety Code.
   (2)  "Covered electronic device" does not include any of the
following:
   (A) A video display device that is a part of a motor vehicle, as
defined in Section 415 of the Vehicle Code, or any component part of
a motor vehicle assembled by, or for, a vehicle manufacturer or
franchised dealer, including replacement parts for use in a motor
vehicle.
   (B) A video display device that is contained within, or a part of
a piece of industrial, commercial, or medical equipment, including
monitoring or control equipment, and that is not separate from that
equipment.   For purposes of this subparagraph, "industrial,
commercial, or medical equipment" means those devices listed in
Categories (8) and (9) of the European Union Directive 2002/96/EC.

   (C) A video display device that is contained within a clothes
washer, clothes dryer, refrigerator, refrigerator and freezer,
microwave oven, conventional oven or range, dishwasher, room 
air-conditioner, dehumidifier, or air purifier, that is prohibited
from being disposed at a solid waste landfill.   air
conditioner, dehumidifier, or air purifier.
   (D) An electronic device, on and after the date that it ceases to
be a covered electronic device under subdivision (e) of Section
25214.10.1 of the Health and Safety Code. 
   (g) "Covered electronic waste" or "covered e-waste" means a
covered electronic device that is discarded.
   (h) "Covered electronic waste recycling fee" or "covered e-waste
recycling fee" means the fee imposed pursuant to Article 3
(commencing with Section 42464).
   (i) "Covered electronic waste recycler" or "covered e-waste
recycler" means any of the following:
   (1) A person who engages in the manual or mechanical separation of
covered electronic devices to recover components and commodities
contained therein for the purpose of reuse or recycling.
   (2) A person who changes the physical or chemical composition of a
covered electronic device, in accordance with the requirements of
Chapter 6.5 (commencing with Section 25100) of Division 20 of the
Health and Safety Code and the regulations adopted pursuant to that
chapter, 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 who meets any conditions established by this
chapter and Chapter 6.5 (commencing with Section 25100) of Division
20 of the Health and Safety Code for the collection or recycling of
covered electronic waste.
   (j) "Discarded" has the same meaning as defined in subdivision (b)
of Section 25124 of the Health and Safety Code.
   (k) "Electronic waste recovery payment" means an amount
established and paid by the board pursuant to Section 42477.
   (l) "Electronic waste recycling payment" means an amount
established and paid by the board pursuant to Section 42478.
   (m) "Hazardous material" has the same meaning as defined in
Section 25501 of the Health and Safety Code.
   (n) "Manufacturer" means any of the following:
   (1) A person who  manufacturers  
manufactures  a covered electronic device sold in this state.
   (2) A person who sells a covered electronic device in this state
under  a   that  person's brand name.
   (o) "Person" means an individual, trust firm, joint stock company,
business concern, and corporation, including, but not limited to, a
government corporation, partnership, limited liability company, and
association.  Notwithstanding Section 40170, "person" also includes a
city, county, city and county, district, commission, the state or a
department, agency, or political subdivision thereof, an interstate
body, and the United States and its agencies and instrumentalities to
the extent permitted by law.
   (p) "Recycling" has the same meaning as defined in subdivision (a)
of Section 25121.1 of the Health and Safety Code.
   (q)  "Refurbished," when used to describe a covered electronic
device, means a device that the manufacturer has tested and returned
to a condition that meets factory specifications for the device, has
repackaged, and has labeled as refurbished.
   (r)  "Retailer" means a person who makes a retail sale of a
new or refurbished covered electronic device.  "Retailer" includes a
manufacturer of a covered electronic device who sells that covered
electronic device directly to a consumer through any means,
including, but not limited to, a transaction conducted through a
sales outlet, catalog, or the Internet, or any other similar
electronic means.  
   (r)  
   (s) (1)  "Retail sale" has the same meaning as defined under
Section 6007 of the Revenue and Taxation Code.   
  SEC. 5.  Section 42464 of the Public Resources Code is amended to
read:
   42464.  (a)  On and after November 1, 2004, a covered electronic
waste recycling fee is hereby imposed upon the first sale in the
state of a covered electronic device to a consumer by a retailer.
   (b) A retailer that sells a covered electronic device to a
consumer shall collect the fee imposed under subdivision (a) for each
covered electronic device sold by the retailer in the following
amounts:
   (1) Six dollars ($6) for each covered electronic device with a
screen size of less than 15 inches measured diagonally.
   (2) Eight dollars ($8) for each covered electronic device with a
screen size greater than or equal to 15 inches but less than 35
inches measured diagonally.
   (3) Ten dollars ($10) for each covered electronic device with a
screen size greater than or equal to 35 inches measured diagonally.
   (c) A retailer may retain 3 percent of the covered electronic
waste recycling fee as reimbursement for all costs associated with
the collection of the fee and shall transmit the remainder of the fee
to the state pursuant to Section 42464.4.
   (d) If a retailer elects to pay the covered electronic waste
recycling fee on behalf of the consumer, the retailer shall provide
an express statement to that effect on the invoice given to the
consumer at the time of sale.  If a retailer pays the covered
electronic waste recycling fee on behalf of the consumer, the fee is
a debt owed by the retailer to the state, and the consumer is not
liable for the fee.
   (e) The retailer shall separately state the covered electronic
waste recycling fee on the invoice given to the consumer at the time
of sale.
   (f) On or before May 1, 2005, and, thereafter, no more frequently
than annually, and no less frequently than biennially, the board, in
collaboration with the department, shall review, at a public hearing,
the covered electronic waste recycling fee and shall make
adjustments to the fee to ensure that there are sufficient revenues
in the account to fund the covered electronic waste recycling program
established pursuant to this chapter.  Adjustments to the fee that
are made on or before May 1 of the current calendar year shall apply
for the 12-month period of July 1 of the current calendar year to
June 30 of the next succeeding calendar year.  The board shall base
an adjustment of the covered electronic waste recycling fee on both
of the following factors:
   (1) The sufficiency, and a surplus, of revenues in the account to
fund the collection, consolidation, and recycling of covered
electronic waste that is projected to be recycled in the state.
   (2) The sufficiency of revenues in the account for the board and
the department to administer, enforce, and promote the program
established pursuant to this chapter, plus a prudent reserve not to
exceed 5 percent of the amount in the account.
   (g) (1) The board may eliminate the covered electronic waste
recycling fee on an electronic device if the manufacturer of that
electronic device demonstrates to the satisfaction of the department
that the device is not hazardous pursuant to subdivision (d) of
Section 25214.10.1 of the Health and Safety Code.
   (2) A determination that a covered electronic device is not
hazardous does not require the board to refund the electronic waste
recycling fees collected prior to that determination, and does not
relieve a retailer from collecting and paying an electronic waste
recycling fee on a covered electronic device sold prior to that
determination.  
   (2) "Retail sale" does not include the sale of a covered
electronic device that is temporarily stored or used in California
for the sole purpose of preparing the covered electronic device for
use thereafter solely outside the state, and that is subsequently
transported outside the state and thereafter used solely outside the
state.
                                                                (t)
"Vendor" means a person who makes a sale of a covered electronic
device for the purpose of resale to a retailer.
   (u) "Video display device" means an electronic device with an
output surface that displays, or is capable of displaying, moving
graphical images or a visual representation of image sequences or
pictures, showing a number of quickly changing images on a screen in
fast succession to create the illusion of motion, including, if
applicable, a device that is an integral part of the display, in that
it cannot be easily removed from the display by the consumer, that
produces the moving image on the screen.  A video display device may
use, but is not limited to, a cathode ray tube (CRT), liquid crystal
display (LCD), gas plasma, digital light processing, or other image
projection technology.
  SEC. 5.  Section 42464 of the Public Resources Code is amended to
read: 
   42464.  (a) On and after November 1, 2004,  or as otherwise
provided by Section 25214.10.1 of the Health and Safety Code,  a
 consumer shall pay a  covered electronic waste recycling
fee  is hereby imposed  upon the  first sale
in the state of a   purchase of a new or refurbished
 covered electronic device  to a consumer by a retailer.
 
   (b) A retailer that sells a covered electronic device to a
consumer shall collect the fee imposed under subdivision (a) for each
covered electronic device sold by the retailer   ,
 in the following amounts:
   (1) Six dollars ($6) for each covered electronic device with a
screen size of less than 15 inches measured diagonally.
   (2) Eight dollars ($8) for each covered electronic device with a
screen size greater than or equal to 15 inches but less than 35
inches measured diagonally.
   (3) Ten dollars ($10) for each covered electronic device with a
screen size greater than or equal to 35 inches measured diagonally.

   (b) Except as provided in subdivision (d), a retailer shall
collect from the consumer a covered electronic waste recycling fee at
the time of the retail sale of a covered electronic device. 
   (c)  The electronic waste recycling 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
Sections 42475 and 42475.2.  The covered electronic waste recycling
fees shall be deposited in the account pursuant to Section 42476.
   (d)  A retailer  selling a covered electronic
device  may retain 3 percent of the covered electronic waste
recycling fee as reimbursement for  any   all
 costs associated with the collection of the fee  and shall
transmit the remainder of the fee to the state pursuant to Section
42464.4  .  
   (d) (1) If a retailer elects to pay the covered electronic waste
recycling fee on behalf of the consumer, the retailer shall provide
an express statement to that effect on the receipt given to the
consumer at the time of sale.  If a retailer elects to pay the
covered electronic waste recycling fee on behalf of the consumer, the
fee is a debt owed by the retailer to the state, and the consumer is
not liable for the fee.
   (2) A retailer may elect to pay the covered electronic waste
recycling fee on behalf of the consumer by paying the covered
electronic waste recycling fee to its vendor, but only if all of the
following conditions are met:
   (A) The vendor is registered with the State Board of Equalization
to collect and remit the covered electronic waste recycling fee.
   (B) The retailer and the vendor have agreed that the vendor will
collect the covered electronic waste recycling fee from the retailer
and remit the amounts collected to the State Board of Equalization.
   (C) The retailer paid the covered electronic waste recycling fee
to the vendor, which shall be separately stated on the vendor's
invoice to the retailer.
   (D) The retailer shall provide an express statement on the
invoice, contract, or other record documenting the sale given to the
consumer, that the covered electronic waste recycling fee has been
paid on behalf of the consumer.
   (3) For the purpose of making the election in paragraph (2), if
the conditions set forth in subparagraphs (A), (B), and (C) of
paragraph (2), are met, the covered electronic waste recycling fee is
a debt owed by the vendor to the state, and the consumer and the
retailer are not liable for the fee. 
   (e)  On and after July 1, 2005, and at least once every
two years thereafter   The retailer shall separately
state the covered electronic waste recycling fee on the receipt given
to the consumer at the time of sale.  
   (f) On or before May 1, 2005, and, thereafter, no more frequently
than annually, and no less frequently than biennially,  the
board, in collaboration with the department, shall review, at a
public hearing, the covered electronic waste recycling fee and shall
make any adjustments to the fee to ensure that there are sufficient
revenues in the account to fund the covered electronic waste
recycling program established pursuant to this chapter.  
Adjustments to the fee that are made on or before May 1 of any
calendar year shall apply for the 12-month period beginning July 1 of
that calendar year and ending June 30 of the succeeding calendar
year.   The board shall base  any   an
 adjustment of the covered electronic waste recycling fee on
 the  both of  the  following factors:
   (1) The sufficiency, and any surplus, of revenues in the account
to fund the collection, consolidation, and recycling of  100
percent of the  covered electronic waste that is projected
to be recycled in the state.
   (2) The sufficiency of revenues in the account for the board and
the department to administer, enforce, and promote the program
established pursuant to this chapter, plus a prudent reserve not to
exceed 5 percent of the amount in the account.
  SEC. 6.  Section 42464.2 of the Public Resources Code is repealed.

  SEC. 7.  Section 42464.2 is added to the Public Resources Code, to
read:  
   42464.2.  (a) The covered electronic waste recycling fee imposed
pursuant to this chapter shall be collected in the following manner:

   (1) On or before November 1, 2004, in consultation with the State
Board of Equalization, the board shall do all of the following:
   (A) Issue a notice to each retailer who sells a covered electronic
device that describes the retailer's obligations under this chapter
to register with, and collect and remit electronic waste recycling
fees to, the State Board of Equalization for the purposes of
complying with this chapter.  The notice shall include all
information the State Board of Equalization deems necessary to ensure
efficient and enforceable collection of electronic waste recycling
fees consistent with this section.
   (B) Establish a call center for the purposes of responding to any
inquiries or complaints from retailers or from the public concerning
payment or collection of the electronic waste recycling fee.
   (2) On and after January 1, 2005, the State Board of Equalization
shall collect electronic waste recycling fees from retailers and
deposit those fees in the account.  The State Board of Equalization
may collect the fees pursuant to the Fee Collection Procedures Law
(Part 30 (commencing with Section 55001) of Division 2 of the Revenue
and Taxation Code), except that for purposes of the Fee Collection
Procedures Law, the retailer shall be deemed to be the fee payer, as
defined in Section 55004 of the Revenue and Taxation Code.
   (b) The board and the State Board of Equalization shall share data
and expertise to ensure the timely and efficient implementation of
this section.  
   42464.2.  The State Board of Equalization shall collect the fee
imposed pursuant to this chapter under the Fee Collection Procedures
Law (Part 30 (commencing with Section 55001) of Division 2 of the
Revenue and Taxation Code).  For the purposes of this section, a
reference in the Fee Collection Procedures Law to "feepayer" shall
include a retailer, a consumer, and, if an election is made pursuant
to paragraph (2) of subdivision (d) of Section 42464, a vendor. 

  SEC. 8.  Section 42464.4 is added to the Public Resources Code, to
read:
   42464.4.  (a) The covered electronic waste recycling fee shall be
due and payable quarterly on or before the last day of the month
following each calendar quarter.  The payments shall be accompanied
by a return in the form as prescribed by the State Board of
Equalization or that person authorized to collect, including, but not
limited to, electronic media.
   (b) The State Board of Equalization may require the payment of the
fee and the filing of returns for other than quarterly periods.

  SEC. 8.5.  Section 42464.6 is added to the Public Resources Code,
to read:
   42464.6.  (a) The State Board of Equalization shall not accept or
consider a petition for redetermination of fees determined under this
chapter if the petition is founded upon the grounds that an item is
or is not a covered electronic device.  The State Board of
Equalization shall forward to the department any appeal of a
determination that is based on the grounds that an item is or is not
a covered electronic device.
   (b) The State Board of Equalization shall not accept or consider a
claim for refund of fees paid pursuant to this chapter if the claim
is founded upon the grounds that an item is or is not a covered
electronic device.  The State Board of Equalization shall forward to
the department any claim for refund that is based on the grounds that
an item is or is not a covered electronic device. 
  SEC. 9.  Section 42465 of the Public Resources Code is amended to
read:  
   42465.  On and after November 1, 2004, or as specified otherwise
in Section 25214.10.1 of the Health and Safety Code, it shall be
unlawful to sell a covered electronic device to a consumer 

   42465.  A person shall not sell a new or refurbished covered
electronic device to a consumer  in this state unless the board
or department determines that the manufacturer of that covered
electronic device demonstrates compliance with this chapter  or
as provided otherwise by Section 25214.10.1 of the Health and Safety
Code  .
  SEC. 10.  Section 42465.1 of the Public Resources Code is amended
to read:
   42465.1.  On and after January 1, 2005, or as specified otherwise
in Section 25214.10.1 of the Health and Safety Code, a person may not
sell or offer for sale in this state a  new or refurbished 
covered 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.
  SEC. 11.  Section 42465.2 of the Public Resources Code is amended
to read:
   42465.2.  (a) On or before July 1, 2005, or as specified otherwise
in Section 25214.10.1 of the Health and Safety Code, and at least
once annually thereafter as determined by the board, each
manufacturer of a covered electronic device sold in this state shall
do all of the following:
   (1) Submit to the board a report that includes all of the
following information:
   (A) An estimate of the number of covered electronic devices sold
by the manufacturer in the state during the previous year.
   (B) A baseline or set of baselines that show the total estimated
amounts of mercury, cadmium, lead, hexavalent chromium,  PBDE'
s to the extent the department considers those substances to be
  PBDE's to the extent those substances are  a
hazardous material, and PBB's used in covered electronic devices
manufactured by the manufacturer in that year and the reduction in
the use of those hazardous materials from the previous  year.
  The department may specify a minimum threshold for specified
materials requiring reporting.   year. 
   (C) A baseline or set of baselines that show the total estimated
amount of recyclable materials contained in covered electronic
devices sold by the manufacturer in that year and the increase in the
use of those recyclable materials from the previous year.
   (D) A baseline or a set of baselines that describe any efforts to
design covered electronic devices for recycling and goals and plans
for further increasing design for recycling.  
   (E) A list of those retailers, including, but not limited to,
Internet and catalog retailers, to which the manufacturer provided a
notice, either directly or indirectly, through a wholesaler, in the
prior 12 months pursuant to Section 42465.3 and subdivision (c) of
Section 25214.10.1 of the Health and Safety Code. 
   (2) Make information available to consumers, that describes where
and how to return, recycle, and dispose of the covered 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, information labeled on the device, information
included in the packaging, or information accompanying the sale of
covered electronic device.
   (b) For the purposes of complying with paragraph (1) of
subdivision (a), a manufacturer may submit a report to the board that
includes only covered electronic devices that are  not
subject to   exempt from, or contain compounds that are
exempt from, the  Directive 2002/95/EC adopted by the European
Parliament and the Council of the European Union on January 27, 2003,
and any amendments made to that directive, if both of the following
conditions are met:
   (1) The manufacturer submits written verification to the
department that demonstrates, to the satisfaction of the department,
that the manufacturer is in compliance with Directive 2002/95/EC, and
any amendments to that directive, for those covered electronic
devices for which it is not submitting a report to the board pursuant
to this subdivision.
   (2) The department certifies that the manufacturer is in
compliance with Directive 2002/95/EC, and any amendments to that
directive, for those covered electronic devices for which the
manufacturer is not submitting a report to the board pursuant to this
subdivision.
   (c) Any information submitted to the board pursuant to subdivision
(a) that is proprietary in nature or a trade secret shall be subject
to protection under state laws and regulations governing that
information.
  SEC. 12.  Section 42465.3 of the Public Resources Code is amended
to read:  
   42465.3.  On or before August 1, 2004, and on or before every
April 1 thereafter, a manufacturer shall inform the retailer if a
covered electronic device sold by that manufacturer is subject to the
covered electronic waste recycling fee established pursuant to this
chapter.  
   42465.3.  A manufacturer of a covered electronic device shall
comply with the notification requirements of subdivision (c) of
Section 25214.10.1 of the Health and Safety Code. 
  SEC. 13.  Section 42475 of the Public Resources Code is amended to
read:
   42475.  (a) The board shall administer and enforce this chapter in
consultation with the department.
   (b) The board and the department may 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 are necessary to implement
this chapter, and any other regulations that the board and the
department determines are necessary to implement the provisions of
this chapter in a manner that is enforceable.
   (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 covered
electronic devices.
   (d) The board and the department may prepare, publish, or issue
any materials that the board or department determines to be necessary
for the dissemination of information concerning the activities of
the board or department under this chapter.
   (e) In carrying out this chapter, the board and the department 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.
  SEC. 14.  Section 42475.1 of the Public Resources Code is repealed.

  SEC. 15.  Section 42475.2 of the Public Resources Code is amended
to read:
   42475.2.  (a) The board and the department may  each 
adopt regulations to implement and enforce this chapter as emergency
regulations.
   (b) The emergency regulations adopted pursuant to this chapter
shall be adopted in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, and for the purposes of that chapter, including Section 11349.6
of the Government Code, the adoption of these regulations is an
emergency and shall be considered by the Office of Administrative Law
as necessary for the immediate preservation of the public peace,
health, safety, and general welfare.  Notwithstanding Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code, any emergency regulations adopted by the board
or the department pursuant to this section shall be filed with, but
not be repealed by, the Office of Administrative Law and shall remain
in effect for a period of two years or until revised by the
department or the board, whichever occurs sooner.
  SEC. 16.  Section 42476 of the Public Resources Code is amended to
read:  
   42476.  (a) The board and the department 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 and
department, upon appropriation by the Legislature, for the following
purposes:
   (1) To make electronic waste recovery payments to an authorized
collector of covered electronic waste pursuant to Section 42479.
   (2) To make electronic waste recycling payments to covered
electronic waste recyclers of covered electronic waste 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 covered electronic
devices, and any regulations adopted by the department pursuant to
that chapter.
   (b)  
   42476.  (a) The Electronic Waste and Recovery and Recycling
Account is hereby established in the Integrated Waste Management
Fund.  All fees collected pursuant to this chapter shall be deposited
in the account. Notwithstanding Section 13340 of the Government
Code, the funds in the account are hereby continuously appropriated,
without regard to fiscal year, for the following purposes:
   (1) To pay refunds of the covered electronic waste recycling fee
imposed under Section 42464.
   (2) To make electronic waste recovery payments to an authorized
collector of covered electronic waste pursuant to Section 42479.
   (3) To make electronic waste recycling payments to covered
electronic waste recyclers pursuant to Section 42479 and to make
payments to manufacturers pursuant to subdivision (g).
   (b) (1) The money in the account may be expended for the following
purposes only upon appropriation by the Legislature in the annual
Budget Act:
   (A) For the administration of this chapter by the board and the
department.
   (B) To reimburse the State Board of Equalization for its
administrative costs of registering, collecting, making refunds, and
auditing retailers and consumers in connection with the covered
electronic waste recycling fee imposed under Section 42464.
   (C) 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 covered electronic
devices, and any regulations adopted by the department pursuant to
that chapter.
   (D) To establish the public information program specified in
subdivision (d).
   (2)  Any fines or penalties collected pursuant to this
chapter shall be deposited in the Electronic Waste Penalty
Subaccount, which is hereby established in the account.  The funds in
the Electronic Waste Penalty Subaccount may be expended by the board
or department only upon appropriation by the Legislature.
   (c) Notwithstanding Section 16475 of the Government Code, any
interest earned upon funds in the Electronic Waste Recovery and
Recycling Account shall be deposited in that account for expenditure
pursuant to this chapter.
   (d) Not more than 1 percent of the funds annually deposited in the
Electronic Waste Recovery and Recycling Account shall be expended
for the purposes of establishing the public information program to
educate the public in the hazards of improper covered electronic
device storage and disposal and on the opportunities to recycle
covered electronic devices.  
   (e) The board may not make an electronic waste recycling payment
or electronic waste recovery payment for covered electronic waste
unless that waste is handled in compliance with all statutes and
regulations governing the management, including the export, of that
waste.
   (f) (1) The board shall adopt regulations specifying the
cancellation methods for the recovery, processing, or recycling of
covered electronic waste.
   (2) The board may make electronic waste recycling payments or
electronic waste recovery payments only if the covered electronic
waste is processed in this state according to the cancellation method
authorized by the board.
   (g) The board may elect to pay an electronic waste recycling
payment or electronic waste recovery payment for covered electronic
waste, subject to all of the following terms and conditions:
   (1) The  
   (e) The board shall adopt regulations specifying cancellation
methods for the recovery, processing, or recycling of covered
electronic waste.
   (f) The board may pay an electronic waste recycling payment or
electronic waste recovery payment for covered electronic waste only
if all of the following conditions are met:
   (1) The covered electronic waste, including any residuals from the
processing of the waste, is handled in compliance with all
applicable statutes and regulations.
   (2) The manufacturer or the authorized collector or recycler of
the electronic waste provide a cost free and convenient opportunity
to recycle electronic waste, in accordance with the legislative
intent specified in subdivision (b) of Section 42461.
   (3) The covered electronic waste is not exported out of state.
   (4) If the covered electronic waste is processed, the covered
electronic waste is processed in this state according to the
cancellation method authorized by the board.
   (5) If the covered electronic waste is recycled, the covered
electronic waste is recycled within the state and the  board
declares that the state is a market participant in the business of
the recycling of covered electronic waste for all of the following
reasons:
   (A) The fee is collected from the state's consumers for covered
electronic devices sold for use in the state.
   (B) The purpose of the fee and subsequent payments is to prevent
damage to the public health and the environment from waste generated
in the state.
   (C) The recycling system funded by the fee ensures 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
the state. 
   (2) The board pays the electronic waste recycling payment or
electronic waste recovery payment to a manufacturer who takes back
and cancels covered electronic waste from a consumer in this state,
in accordance with the requirements of Section 42479.  The amount of
the electronic waste recycling payment paid by the board shall equal
the value of the covered electronic waste recycling fee for that
device.  To qualify for payment, the manufacturer shall demonstrate
to the board that the covered electronic device for which payment is
claimed was used in the state.  
   (g) (1) The board may make a payment to a manufacturer that takes
back a covered electronic device from a consumer in this state for
purposes of recycling the device.  The amount of the payment made by
the board shall equal the value of the covered electronic waste
recycling fee paid for that device.  To qualify for a payment
                                        pursuant to this subdivision,
the manufacturer shall demonstrate all of the following to the
board:
   (A) The covered electronic device for which payment is claimed was
used in this state.
   (B) A covered electronic waste recycling fee was paid for the
covered electronic device for which payment is being claimed.
   (C) The covered electronic waste for which a payment is claimed,
including any residuals from the processing of the waste, has been,
and will be, handled in compliance with all applicable statutes and
regulations.
   (2) A covered electronic device for which a payment is made under
this subdivision is not eligible for an electronic waste recovery
payment or an electronic waste recycling payment under Section 42479.

  SEC. 17.  Section 42476.5 of the Public Resources Code is amended
to read:
   42476.5.  A person who  intends to export  
exports  covered electronic  waste, or a covered electronic
device intended for recycling or disposal, to a foreign country, or
to another state for ultimate export to a foreign country, shall do
all of the following at least 60 days prior to export:
   (a) Notify the department of the destination, disposition,
contents, and volume of the waste, or device intended for recycling
or disposal to be exported, and include with the notification the
demonstrations required pursuant to subdivisions (b) to (e),
inclusive.
   (b) Demonstrate that the waste or device is being exported for the
purposes of recycling  or disposal  .
   (c) Demonstrate that the importation of the waste or device is not
prohibited by an applicable law in the state or country of
destination and that any import will be conducted in accordance with
all applicable laws.  As part of this demonstration, required import
and operating licenses, permits, or other appropriate authorization
documents shall be forwarded to the department.
   (d) Demonstrate that the exportation of the waste or device is
conducted in accordance with applicable United States or applicable
international law.
   (e) (1) Demonstrate that the waste or device will be managed
within the country of destination only at facilities whose operations
meet or exceed the binding decisions and implementing guidelines of
the Organization for Economic Cooperation and Development for the
environmentally sound management of the waste or device being
exported.
   (2) The demonstration required by this subdivision applies to any
country of destination, notwithstanding that the country is not a
member of the Organization for Economic Cooperation and Development.

  SEC. 18.  Section 42477 of the Public Resources Code is amended to
read:
   42477.   (a)  On July 1, 2004, or as specified otherwise
in Section 25214.10.1 of the Health and Safety Code, and on July 1
every two years thereafter, the board in collaboration with the
department shall establish an electronic waste recovery payment
schedule for covered electronic wastes generated in this state to
cover the average net cost for an authorized collector to operate a
free and convenient system for collecting, consolidating and
transporting covered electronic wastes generated in this state.
 The  
   (b) The  board shall make the electronic waste recovery
payments either directly to an authorized collector or to a covered
electronic waste recycler for payment to an authorized collector
pursuant to this article.   The board may make supplemental
electronic waste recovery payments to an authorized collector who
demonstrates to the satisfaction of the board that the authorized
collector's costs for collection, consolidation, and transportation
of covered electronic waste exceed the payment allowed pursuant to
this section, and that the authorized collector has taken reasonable
steps to ensure that its collection, consolidation, and
transportation of covered electronic waste is conducted in an
efficient and cost-effective manner.  
   (c) The board shall begin making electronic waste recovery
payments no sooner than the quarter that begins at least 90 days
after November 1, 2004, or as provided otherwise by Section
25214.10.1 of the Health and Safety Code. 
  SEC. 19.  Section 42478 of the Public Resources Code is amended to
read:
   42478.  On July 1, 2004, or as specified otherwise in Section
25214.10.1 of the Health and Safety Code, and on July 1 every two
years thereafter, the board, in collaboration with the department,
shall establish a covered electronic waste recycling payment schedule
for covered electronic wastes generated in this state to cover the
average net cost for an electronic waste recycler to receive,
process, and recycle a covered electronic device received from an
authorized collector.  The board shall make the electronic waste
recycling payments to a covered electronic waste recycler pursuant to
this article.   The board shall begin making electronic waste
recycling payments no sooner than the quarter that begins at least 90
days after November 1, 2004, or as provided otherwise by Section
25214.10.1 of the Health and Safety Code. 
  SEC. 20.  Section 42485 of the Public Resources Code is amended to
read:
   42485.   The   Except as provided in
subdivision (b) of Section 42486, the  board and the department
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 covered electronic waste that is applicable to all
covered electronic devices sold in the United States.
   (2) Provides revenues to the state to support the collection,
recycling, and proper disposal of covered electronic waste, in an
amount that is equal to, or greater than, the revenues that would be
generated by the fee imposed under Section 42464.
   (3) Requires covered electronic 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, 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 out-of-state manufacturers or retailers, or both, shall continue
to collect the fee during the appellate process.
  SEC. 21.  Section 42486 is added to the Public Resources Code, to
read:
   42486.  (a) Except as provided in subdivision (b), the provisions
of this chapter shall become inoperative on the date that either of
the events described in subdivision (a) or (b) of Section 42485
occurs, and if both occur, the earlier date.
   (b) On the date specified in subdivision (a), the provisions of
this chapter shall remain operative only for the collection of fees,
the liability for which accrued prior to that date, making refunds,
effecting credits, the disposition of moneys collected, and
commencing an action or proceeding pursuant to this chapter.
  SEC. 22.   The sum of up to five million dollars ($5,000,000)
is hereby transferred, as a loan, from the General Fund to the
California Integrated Waste Management Board, for transfer to the
State Board of Equalization, for expenditure to reimburse the State
Board of Equalization for its administrative costs of registering,
collecting, making refunds, and auditing retailers and consumers in
connection with the covered electronic waste recycling fee imposed
under Section 42464 of the Public Resources Code. The loan made under
this section shall be repaid to the General Fund on or before July
1, 2005.
  SEC. 23.   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.