BILL NUMBER: AB 794	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 2, 2011
	AMENDED IN SENATE  AUGUST 15, 2011
	AMENDED IN SENATE  JULY 7, 2011
	AMENDED IN ASSEMBLY  MAY 3, 2011
	AMENDED IN ASSEMBLY  APRIL 13, 2011

INTRODUCED BY   Assembly Member Wieckowski
    (   Principal coauthor: 
 Assembly Member   Carter  
) 

                        FEBRUARY 17, 2011

    An act to amend Sections 42461, 42474, 42476, and 42479
of, and to add Section 42461.5 to, the Public Resources Code,
relating to solid waste.   An act to amend Section 15150
of the Education Code, relating to school bonds. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 794, as amended, Wieckowski.  Solid waste: hazardous
electronic waste.   Local education facility bonds:
anticipation notes.  
   Existing law authorizes the governing board of a school or
community college district to order an election and submit to the
electors of the district the question whether the bonds of the
district shall be issued and sold for the purpose of raising money
for various facilities purposes, for refunding bonds, or for the
purchase of schoolbuses. Existing law limits the total amount of
bonds that a school or community college district may issue to 1.25%
of the taxable property of the school or community college district.
 
   Existing law also authorizes the governing board of a school
district or community college district to issue bond anticipation
notes. Existing law requires a bond anticipation note to be payable
not more than 5 years from the date of the original issuance of the
note. Existing law allows the interest on the notes to be payable
from the proceeds of the sale of bonds or from the tax levied to pay
principal of and interest on the bonds.  
   This bill, instead of allowing the interest on the notes to be
paid from the tax levied to pay the principal of and interest on the
bonds, would allow the interest on the notes to be paid from a
property tax levied for that purpose if authorized by a resolution of
the governing board and would provide that this tax is authorized by
law. The bill also would allow the premium received on the sale of
the bonds to be used to pay the interest on the notes.  

   (1) Existing law establishes the Electronic Waste Recycling Act of
2003, which regulates the disposal and recycling of electronic
waste. The act further makes it unlawful to sell, on and after July
1, 2004, a covered electronic device in this state to a consumer, as
defined, unless the Department of Resources Recycling and Recovery
(department) or the Department of Toxic Substances Control determines
that the manufacture of that device is in compliance with the act.
The act further prohibits the sale of a covered electronic device,
after January 1, 2005, that is not labeled, as specified. The act
contains legislative findings and declarations that declare that one
of the purposes of the act is to provide sufficient funding for the
safe, cost-free, and convenient collection and recycling of 100% of
the covered electronic waste discarded or offered for recycling in
the state, to, among other things, eliminate electronic waste
stockpiles and legacy devices by December 31, 2007. 

   This bill would revise those findings and declarations to declare
that one of the purposes of the act is to provide sufficient funding
for the safe, cost-free, and convenient collection and recycling of
100% of the covered electronic waste initially discarded in the
state, to, among other things, eliminate electronic waste stockpiles
and legacy devices by December 31, 2007.  
   (2) The act imposes various civil penalties in an amount of up to
$25,000 to be administratively imposed by the Department of Resources
Recycling and Recovery for specified violations of the act.
 
   This bill would additionally authorize the department to impose a
civil penalty in an amount of up to $25,000 per violation against any
person, including an authorized collector or covered electronic
waste (e-waste) recycler, that makes a false statement or
representation in a document filed, submitted, maintained, or used
for purposes of compliance with the act and associated regulations.
The bill would require that an authorized collector or covered
e-waste recycler who makes a false statement or representation
regarding the source of covered electronic waste is not liable for
that statement or representation if the authorized collector or
covered e-waste recycler has made verifiable and reasonable efforts
to determine the source of the covered electronic waste, unless the
department determines the authorized collector or covered e-waste
recycler was negligent in ensuring the accuracy of the source of the
waste. The bill would further authorize the department to revoke the
approval or deny the renewal application of a authorized collector or
covered e-waste recycler that makes a false statement or
representation, or to deny an application from an applicant or an
individual identified in the application that has a history
demonstrating a pattern of operation in conflict with the act and the
regulations adopted pursuant to the act.  
   (3) The act authorizes the department to pay an electronic waste
recycling payment or electronic waste recovery payment for covered
waste if specified conditions are met, including, among other things,
that the covered electronic waste, including any residuals from the
processing of the waste, is handled in compliance with all applicable
statutes and regulations. A violation of the act, including the
regulations adopted pursuant to the act, is a crime. 

   This bill would allow the department to pay an electronic waste
recycling or recovery payment only for covered electronic waste for
which the authorized collector or covered e-waste recycler
demonstrates to have been generated by a person who used the covered
electronic device while located in this state and would prohibit the
department from making those payments for covered electronic waste
generated outside of the state and brought into the state. The bill
would require the department to establish the documentation
requirements necessary for an authorized collector or covered e-waste
recycler to demonstrate that covered electronic waste was generated
in the state and eligible for payment. Because a violation of these
requirements would be a crime, the bill would impose a state-mandated
local program.  
   (4) The act requires the department, for covered electronic waste
collected for recycling on and after January 1, 2005, to make those
electronic waste recycling and recovery payments for the collection
and recycling of covered electronic waste to an authorized collector
or covered electronic waste recycler, respectively, upon receipt of a
completed and verified invoice submitted to the department by the
authorized collector or recycler in the form and manner determined by
the department.  
   This bill would instead require the department to make those
electronic waste recycling and recovery payments for the collection
and recycling of covered e-waste to an authorized collector or
covered e-waste recycler, respectively, upon completion of the
department's review of a payment claim, submitted to the department
in the form and manner determined by the department. The bill would
also authorize the department to conduct a selective post-payment
audit of authorized collectors, covered e-waste recyclers, or
manufacturers receiving payments from the department to determine
whether electronic waste recovery payments or payments to
manufacturers are being made by the department according to the
requirements of the act and the regulations adopted pursuant to that
act, and would prescribe procedures for the appeal of the department'
s denial or adjustment of a payment claim by a covered e-waste
recycler that is dissatisfied with the department's action in that
regard.  
   (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. 
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program: yes
  no  .


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

   SECTION 1.    Section 15150 of the  
Education Code   is amended to read: 
   15150.  (a) When the governing board of a school district or a
community college district deems it in the best interests of the
district, it may by resolution, upon  such  terms
and conditions  as   that  it shall
prescribe, issue notes, on a negotiated or competitive-bid basis,
maturing within a period not to exceed five years, in anticipation of
the sale of bonds authorized pursuant to Section 15100 or Section
15340 at the time the notes are issued. The proceeds from the sale of
the notes shall be used only for authorized purposes of the bonds or
to repay outstanding notes authorized by this section.
   (b) All notes issued and any renewal  thereof 
 of notes  shall be payable at a fixed time not more than
five years from the date of the original issuance of the note. If the
sale of the bonds does not occur  prior to  
before  the maturity of the notes issued in anticipation of the
sale, the fiscal officer of the school district or community college
district, in order to meet the notes then maturing, shall issue
renewal notes for this purpose. The renewal of a note may not be
issued after the sale of bonds in anticipation of which the original
note was issued and the maturity date of the renewed note shall not
be later than five years from the date of the original issuance of
the note.
   (c) Every note and any renewal  thereof   of
a note  shall be payable from the proceeds of the sale of bonds
or of any renewal of notes or from other funds of the school district
or community college district lawfully available for the purpose of
repaying the notes, including state grants. The total amount of the
notes or renewals  thereof   of notes 
issued and outstanding may not at any time exceed the total amount of
the unsold bonds.
   (d)  (1)    Interest on the notes shall be
payable from proceeds of the sale of bonds  , or from the tax
lawfully levied to pay principal of and interest on the bonds
  in anticipation of which the notes are issued,
including any premium received on the sale of those bonds  .

   (2) Interest on the notes may be paid from a property tax levied
for that purpose if authorized by the resolution of the governing
board. The tax for payment of the interest on the notes is a tax
authorized by law for payment of the bonds in anticipation of which
the notes are issued. 
   (e) The original issuance of notes and any renewal 
thereof   of notes  may be in the form of
commercial paper notes. Each issuance of commercial paper notes to
repay outstanding notes shall be deemed to be a renewal of notes
subject only to the requirements of this section. All matter omitted
in this version of the bill appears in the bill as amended in the
Senate, August 15, 2011. (JR11)