BILL NUMBER: AB 1391 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 19, 2008
AMENDED IN SENATE AUGUST 13, 2008
AMENDED IN SENATE JUNE 5, 2008
AMENDED IN ASSEMBLY JANUARY 7, 2008
AMENDED IN ASSEMBLY APRIL 9, 2007
INTRODUCED BY Assembly Member Brownley
FEBRUARY 23, 2007
An act to amend Section 42476 of, and to add Section 42465.4 to,
the Public Resources Code, relating to electronic waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 1391, as amended, Brownley. Electronic waste.
(1) The Electronic Waste Recycling Act of 2003 requires a retailer
selling a covered electronic device in this state to collect a
covered electronic waste recycling fee from the consumer. Those fees
are deposited in the Electronic Waste Recovery and Recycling Account,
and the California Integrated Waste Management Board and the
Department of Toxic Substances Control are continuously appropriated
the money in the account to make electronic waste recovery payments
and recycling payments and to make payments to manufacturers, to
cover the costs of collecting, consolidating, transporting,
receiving, processing, and recycling covered electronic waste in this
state.
The act requires each manufacturer of a covered electronic device
to make information available to consumers, 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 devices. A violation of
the act is a crime.
This bill would require a retailer that sells a covered electronic
device to provide information the board's
Internet Web site address to a customer at the point of sale of
that device that includes the board's Internet Web site
. The Internet Web site would be required to describe where
and how to return, recycle, and dispose of a covered electronic
device and opportunities and locations for the collection
or return of the device. A retailer would be required to provide this
information to a customer at the point of sale of the device through
a sign or written material, or on the sales receipt. This provision
would be operative on July 1, 2009.
By establishing these requirements on a retailer of a covered
electronic device, the bill would impose a state-mandated local
program by creating a new crime.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
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. Section 42465.4 is added to the Public Resources Code,
to read:
42465.4. (a) (1) A retailer that sells a covered electronic
device shall provide information to a customer at the point of sale
of that device that includes the board's Internet Web site. The
Internet Web site shall describe where and how to return, recycle,
and dispose of a covered electronic device and opportunities and
locations for the collection or return of that device.
42465.4. (a) (1) A retailer that sells a covered
electronic device shall provide the board's Internet Web site address
to a customer at the point of sale of that device. The Internet Web
site shall describe where and how to return, recycle, and dispose of
a covered electronic device and opportunities and locations for the
collection or return of that device.
(2) The retailer shall provide this information to a customer at
the point of sale of the covered electronic device through a sign or
written material, or on the sales receipt. This information may read
as follows:
FOR INFORMATION ON WHERE AND HOW TO RETURN, RECYCLE, AND DISPOSE
OF A COVERED ELECTRONIC DEVICE, SEE WWW.ERECYCLE.ORG.
(b) This section shall become operative on July 1, 2009.
SEC. 2. Section 42476 of the Public Resources Code is amended to
read:
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.
(4) 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, including the development of the
information required to be provided to retailers and their customers
on the board's Internet Web site pursuant to Section 42465.4 .
(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) 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.
(4) 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.
(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 at a processing facility. 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 both of the following to the board:
(A) The covered electronic device for which payment is claimed was
used in this state.
(B) 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. 3. 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.