ARTICLE 5. Administration [42472 - 42475.4]
( Article 5 added by Stats. 2003, Ch. 526, Sec. 5. )
(a) The imposition of a covered electronic waste recycling fee is a matter of statewide interest and concern and is applicable uniformly throughout the state. A city, county, city and county, or other public agency may not adopt, implement, or enforce an ordinance, resolution, regulation, or rule requiring a consumer, manufacturer, or retailer to recycle covered electronic devices or imposing a covered electronic waste recycling fee upon a manufacturer, retailer, or consumer, unless expressly authorized under this
chapter.
(b) Nothing in this section prohibits the adoption, implementation, or enforcement of any local ordinance, resolution, regulation, or rule governing curbside or drop off recycling programs operated by, or pursuant to a contract with, a city, county, city and county, or other public agency, including any action relating to fees for these programs. Nothing in this section shall be construed to affect any contract, franchise, permit, license, or other arrangement regarding the collection or recycling of solid waste or household hazardous waste.
(Added by Stats. 2003, Ch. 526, Sec. 5. Effective January 1, 2004. Conditionally inoperative as provided in Sections 42485 and 42486.)
The Legislature declares that the imposition of a covered electronic waste recycling fee would not result in the imposition of a tax within the meaning of Article XIII A of the California Constitution, because the amount and nature of the fee has a fair and reasonable relationship to the adverse environmental burdens imposed by the disposal of covered electronic devices and there is a sufficient nexus between the fee imposed and the use of those fees to support the recycling and reuse of these
devices.
(Added by Stats. 2003, Ch. 526, Sec. 5. Effective January 1, 2004. Conditionally inoperative as provided in Sections 42485 and 42486.)
(a) Civil liability in an amount of up to two thousand five hundred dollars ($2,500) per offense may be administratively imposed by CalRecycle for each sale of a covered electronic device for which a covered electronic waste recycling fee or covered battery-embedded waste recycling fee, as applicable, has not been paid pursuant to Section 42464.
(b) A civil penalty in an amount of up to five thousand dollars ($5,000) per offense may be imposed by a superior court for each sale of a covered electronic device for which a covered electronic waste recycling fee
or covered battery-embedded waste recycling fee, as applicable, has not been paid pursuant to Section 42464.
(c) Civil liability in an amount of up to twenty-five thousand dollars ($25,000) may be administratively imposed by CalRecycle against manufacturers for failure to comply with this chapter, except as otherwise provided in subdivision (a).
(d) Civil liability in an amount of up to twenty-five thousand dollars ($25,000) per violation may be administratively imposed by CalRecycle against a person, including an authorized collector or covered electronic waste recycler, that makes a false statement or representation in any document filed, submitted, maintained, or used for purposes of compliance with this chapter and associated regulations.
(e) (1) CalRecycle may revoke the approval or deny the renewal application of an authorized collector or covered electronic waste recycler that makes a false statement or representation in a document filed, submitted, maintained, or used for purposes of compliance with this chapter and the regulations adopted pursuant to this chapter.
(2) In addition to the authority specified in paragraph (1),
CalRecycle may deny an application for approval or renewal from an authorized collector or covered electronic waste recycler that, or an individual identified in the application who, has a history demonstrating a pattern of operation in conflict with the requirements of this chapter and the regulations adopted pursuant to this chapter.
(3) (A) A person challenging a revocation, denial of application renewal, or application denial under this chapter, or an approved covered electronic waste recycler challenging the denial or adjustment of an electronic waste recovery payment or electronic waste recycling payment, shall first exhaust all administrative remedies by filing with CalRecycle a timely administrative appeal, in accordance with the regulations adopted to implement this chapter.
(B) The hearing shall be held before the director or the director’s designee, who shall issue a written decision stating the factual and legal basis for this decision.
(f) (1) A manufacturer shall maintain and keep accessible all records required to be kept or submitted pursuant to this chapter for a minimum of three years.
(2) A manufacturer shall, upon request, provide CalRecycle with relevant records necessary to determine compliance with this chapter.
(g) All reports and records provided to CalRecycle pursuant to this chapter shall be provided under penalty of perjury.
(Amended by Stats. 2022, Ch. 370, Sec. 20. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)
Notwithstanding any other law, this chapter and all regulations adopted pursuant to this chapter may be enforced by DTSC pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code.
(Amended by Stats. 2022, Ch. 370, Sec. 21. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)
(a) CalRecycle shall administer and enforce this chapter in consultation with DTSC.
(b) CalRecycle and DTSC 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 CalRecycle and DTSC determines are necessary to implement the provisions of this chapter in a manner that is enforceable.
(c) CalRecycle 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
to protect any proprietary information submitted to CalRecycle by a manufacturer of covered electronic devices.
(d) CalRecycle and DTSC may prepare, publish, or issue any materials that CalRecycle or DTSC determines to be necessary to disseminate information concerning CalRecycle’s and DTSC’s activities under this chapter.
(e) In carrying out this chapter, CalRecycle and DTSC may solicit and use any and all expertise available in other state agencies, including, but not limited to, the Department of Conservation and CDTFA.
(Amended by Stats. 2022, Ch. 370, Sec. 22. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)
(a) CalRecycle and DTSC 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 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 CalRecycle or DTSC 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 DTSC or CalRecycle, whichever occurs sooner.
(Amended by Stats. 2022, Ch. 370, Sec. 23. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)
CalRecycle, in collaboration with DTSC, shall convene a covered electronic waste working group comprised of representatives from manufacturers of covered electronic devices and other interested parties to develop and, by July 1, 2005, advise CalRecycle and the State and Consumer Services Agency on environmental purchasing criteria that may be used by state agencies to identify covered electronic devices with reduced environmental impacts. In defining criteria, the group shall consider the environmental impacts of products over their entire life cycle, as well as tradeoffs in other product attributes such as safety, product functionality, and cost. The group shall also consider any federal product evaluation or rating system, or
market based system to promote the development and sale of environmentally conscious products.
(Amended by Stats. 2022, Ch. 370, Sec. 24. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)
(a) CalRecycle shall annually establish, and update as necessary, statewide recycling goals for covered electronic waste. In implementing this section, CalRecycle shall do all of the following:
(1) Post on its internet website information on the amount of covered electronic devices sold in the state in the previous year as reported to CalRecycle.
(2) Post on its internet website information on the amount of covered electronic waste recycled in the state in the previous year as reported to CalRecycle.
(3) Develop and
adopt recycling goals, with input from manufacturers, retailers, covered electronic waste recyclers, and collectors, that reflect projections of covered electronic device sales, rates of obsolescence, and stockpiles.
(b) Nothing in this section authorizes CalRecycle to establish any recycling rates or dates by which a manufacturer of covered electronic devices shall comply with this chapter, or to impose any other recycling goal or target on a manufacturer of those devices.
(Amended by Stats. 2022, Ch. 370, Sec. 25. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)