BILL NUMBER: AB 901	CHAPTERED  06/30/04

	CHAPTER  84
	FILED WITH SECRETARY OF STATE  JUNE 30, 2004
	APPROVED BY GOVERNOR  JUNE 30, 2004
	PASSED THE SENATE  JUNE 28, 2004
	PASSED THE ASSEMBLY  JUNE 28, 2004
	AMENDED IN SENATE  JUNE 3, 2004
	AMENDED IN SENATE  MAY 25, 2004
	AMENDED IN SENATE  JUNE 30, 2003
	AMENDED IN ASSEMBLY  APRIL 24, 2003

INTRODUCED BY   Assembly Member Jackson
   (Principal coauthor:  Senator Sher)

                        FEBRUARY 20, 2003

   An act to amend Section 42464 of the Public Resources Code,
relating to hazardous and solid waste, and declaring the urgency
thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 901, Jackson.   Solid waste:  hazardous electronic waste.
   (1) The Electronic Waste Recycling Act of 2003 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
1, 2004, and to transmit the fee to the California Integrated Waste
Management Board in accordance with a specified schedule and
procedure.
   This bill would instead require a retailer to collect that fee
beginning on November 1, 2004.
   (2) This bill would declare that it is to take effect immediately
as an urgency statute.


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


  SECTION 1.  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) 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 costs associated with the collection of the
fee.
   (e) On and after July 1, 2005, and at least once every two years
thereafter, 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.  The
board shall base any adjustment of the covered electronic waste
recycling fee on the both of 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. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to make statutory changes needed to change from July 1,
2004, to November 1, 2004, the date for beginning the collection of
an electronic waste recycling fee, it is necessary that this act take
effect immediately.