California Legislature—2013–14 Regular Session

Assembly Bill No. 2666

Introduced by Assembly Member Daly

February 21, 2014

An act to amend Section 42463 of the Public Resources Code, relating to recycling.

LEGISLATIVE COUNSEL’S DIGEST

AB 2666, as introduced, Daly. Recycling: electronic waste.

Existing law, 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, as specified. The act defines consumer as 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, and defines “person” to, among other things, include the United States and its agencies and instrumentalities to the extent permitted by law. Under existing law the electronic waste recycling fees are deposited in the Electronic Waste Recovery and Recycling Account, and the Department of Resources Recycling and Recovery, known as CalRecycle, is continuously appropriated the money in the account to, among other things, make electronic waste recovery payments and recycling payments.

This bill would revise the definition of “person” under the act to exclude the United States and its agencies and instrumentalities.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

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 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.

begin insert

(c) “CalRecycle” means the Department of Resources Recycling
and Recovery.

end insert begin delete

(c)

end delete

begin insert (d) end insert  “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.

begin delete

(d)

end delete

begin insert (e) end insert  Notwithstanding Section 40118, “department” means the
Department of Toxic Substances Control.

begin delete

(e)

end delete

begin insert (f) end insert  (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.

(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.

(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.

begin delete

(f)

end delete

begin insert ( end insert begin insert g) end insert  “Covered electronic waste” or “covered e-waste” means a
covered electronic device that is discarded.

begin delete

(g)

end delete

begin insert ( end insert begin insert h) end insert  “Covered electronic waste recycling fee” or “covered e-waste
recycling fee” means the fee imposed pursuant to Article 3
(commencing with Section 42464).

begin delete

(h)

end delete

begin insert ( end insert begin insert i) end insert  “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.

begin delete

(i)

end delete

begin insert ( end insert begin insert j) end insert  “Discarded” has the same meaning as defined in subdivision
(b) of Section 25124 of the Health and Safety Code.

begin delete

(j)

end delete

begin insert ( end insert begin insert k) end insert  “Electronic waste recovery payment” means an amount
established and paid by begin delete the Department of Resources Recycling
and Recovery end delete begin insert CalRecycle end insert pursuant to Section 42477.

begin delete

(k)

end delete

begin insert ( end insert begin insert l) end insert  “Electronic waste recycling payment” means an amount
established and paid by begin delete the Department of Resources Recycling
and Recovery end delete begin insert CalRecycle end insert pursuant to Section 42478.

begin delete

(l)

end delete

begin insert (m) end insert  “Hazardous material” has the same meaning as defined in
Section 25501 of the Health and Safety Code.

begin delete

(m)

end delete

begin insert ( end insert begin insert n) end insert  “Manufacturer” means either of the following:

(1) A person who manufactures a covered electronic device sold
in this state.

(2) A person who sells a covered electronic device in this state
under that person’s brand name.

begin delete

(n)

end delete

begin insert ( end insert begin insert o) end insert  “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, begin insert and end insert an interstate begin delete body, and the United States
and its agencies and instrumentalities to the extent permitted by
law end delete begin insert body. “Person” does not include the United States and its
agencies and instrumentalities end insert .

begin delete

(o)

end delete

begin insert ( end insert begin insert p) end insert  “Recycling” has the same meaning as defined in subdivision
(a) of Section 25121.1 of the Health and Safety Code.

begin delete

(p)

end delete

begin insert ( end insert begin insert q) end insert  “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.

begin delete

(q)

end delete

begin insert ( end insert begin insert r) end insert  “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.

begin delete

(r)

end delete

begin insert ( end insert begin insert s) end insert  (1) “Retail sale” has the same meaning as defined under
Section 6007 of the Revenue and Taxation Code.

(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.

begin delete

(s)

end delete

begin insert ( end insert begin insert t) end insert  “Vendor” means a person that makes a sale of a covered
electronic device for the purpose of resale to a retailer who is the
lessor of the covered electronic device to a consumer under a lease
that is a continuing sale and purchase pursuant to Part 1
(commencing with Section 6001) of Division 2 of the Revenue
and Taxation Code.

begin delete

(t)

end delete

begin insert (u) end insert  “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.