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Business Taxes Law Guide—Revision 2024

BTLG Table of Contents > Covered Electronic Waste Recycling Fee > Chapter 8.5

Covered Electronic Waste Recycling Fee

Public Resources Code

Division 30. Waste Management
Part 3. State Programs
Chapter 8.5. Electronic Waste Recycling

Article 4. Manufacturer Responsibility

42465. Sales of noncomplying electronic devices unlawful. On and after the date specified in subdivision (a) of, and paragraph (1) of subdivision (b) of, Section 42464, a person shall not sell a new or refurbished covered electronic device to a consumer in this state if CalRecycle or DTSC determines that the manufacturer of that covered electronic device is not in compliance with this chapter or as provided otherwise by Section 25214.10.1 of the Health and Safety Code.

History—Amended by Stats. 2004, Ch. 863 (SB 50), in effect September 29, 2004. Stats. 2022, Ch. 370 (SB 1215), in effect January 1, 2023, added "and paragraph (1) of subdivision (b)" after "subdivision (a)", substituted "CalRecycle" for "the board" after "in this state if", and substituted "DTSC" for "department" before "determines". Stats. 2023, Ch. 131 (AB 1754), in effect January 1, 2024, added "of," after "subdivision (a)" and substituted "of," for "of" after "subdivision (b)".

42465.1. Manufacturer's name of brand to be readily visible. On and after January 1, 2005, or as specified otherwise in Section 25214.10.1 of the Health and Safety Code, a person shall not sell or offer for sale in this state a new or refurbished covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, unless the device is labeled with the name of the manufacturer or the manufacturer’s brand label so that it is readily visible.

History—Amended by Stats. 2004, Ch. 863 (SB 50), in effect September 29, 2004. Stats. 2022, Ch. 370 (SB 1215), in effect January 1, 2023, substituted "shall" for "may" after "a person", added ", as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463," after "electronic device" and deleted the comma after "label".

42465.2. Duties of manufacturers; information and report. (a) On or before July 1, 2005, or as specified otherwise in Section 25214.10.1 of the Health and Safety Code, and at least once annually thereafter as determined by CalRecycle, each manufacturer of a covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, sold in this state shall do all of the following:

(1) Submit to CalRecycle a report that includes all of the following information:

(A) An estimate of the number of covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, sold by the manufacturer in the state during the previous year.

(B) A baseline or set of baselines that show the total estimated amounts of mercury, cadmium, lead, hexavalent chromium, and polybrominated biphenyls (PBBs) used in covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, manufactured by the manufacturer in that year and the reduction in the use of those hazardous materials from the previous year.

(C) A baseline or set of baselines that show the total estimated amount of recycled materials contained in covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, sold by the manufacturer in that year and the increase in the use of those recycled materials from the previous year.

(D) A baseline or a set of baselines that describe any efforts to design covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, for recycling and goals and plans for further increasing design for recycling.

(E) A list of those retailers, including, but not limited to, Internet and catalog retailers, to which the manufacturer provided a notice in the prior 12 months pursuant to Section 42465.3 and subdivision (d) of Section 25214.10.1 of the Health and Safety Code.

(2) Make information available to consumers that describes where and how to return, recycle, and dispose of the covered electronic waste resulting from discarded electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, and opportunities and locations for the collection or return of the device, through the use of a toll-free telephone number, internet website, information labeled on the device, information included in the packaging, or information accompanying the sale of the covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463.

(b) (1) For purposes of complying with paragraph (1) of subdivision (a), a manufacturer may submit a report to CalRecycle that includes only those covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, that include applications of the compounds listed in subparagraph (B) of paragraph (1) of subdivision (a) that are exempt from the Directive 2002/95/EC adopted by the European Parliament and the Council of the European Union on January 27, 2003, and any amendments made to that directive, if both of the following conditions are met, as modified by Section 24214.10 of the Health and Safety Code:

(A) The manufacturer submits written verification to DTSC that demonstrates, to DTSC’s satisfaction, that the manufacturer is in compliance with Directive 2002/95/EC, and any amendments to that directive, for those covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, for which it is not submitting a report to CalRecycle pursuant to this subdivision.

(B) DTSC certifies that the manufacturer is in compliance with Directive 2002/95/EC, and any amendments to that directive, for those covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, for which the manufacturer is not submitting a report to CalRecycle pursuant to this subdivision.

(2) When reporting pursuant to this subdivision, a manufacturer is required only to report on specific applications of compounds used in covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, that are exempt from Directive 2002/95/EC.

(c) Any information submitted to CalRecycle pursuant to subdivision (a) that is proprietary in nature or a trade secret shall be subject to protection under state laws and regulations governing that information.

History—Amended by Stats. 2004, Ch. 863 (SB 50), in effect September 29, 2004. Stats. 2022, Ch. 370 (SB 1215), in effect January 1, 2023, substituted "CalRecycle" for "the board" throughout; added ", as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463," after "device" or "devices" throughout; substituted "polybrominated biphenyls (PBBs)" for "PBB"s" before "used in" in subparagraph (1)(B), substituted "recycled" for "recyclable" before "materials" throughout subparagraph (1)(C), substituted "(d)" for "(c)" after "subdivision" in subparagraph (1)(D), deleted the comma after "consumers", substituted "waste resulting from discarded electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463," for "device" after "electronic", substituted "internet website" for "Internet Web site" after "number,", added "the" after "sale of" and added ", as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463" after "device" in paragraph (2) of subdivision (a); deleted "the" after "For" in paragraph (1), substituted "DTSC" for "the department" after "verification to", substituted "DTSC’s satisfaction" for "the satisfaction of the department" before "that the manufacturer", in subparagraph (1)(A), and substituted "DTSC" for "The department" before "certifies" in subparagraph (1)(B) of subdivision (b).

42465.3. Manufacturer notification requirements. A manufacturer of a covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, shall comply with the notification requirements of subdivision (d) of Section 25214.10.1 of the Health and Safety Code.

History—Amended by Stats. 2004, Ch. 863 (SB 50), in effect September 29, 2004. Stats. 2022, Ch. 370 (SB 1215), in effect January 1, 2023, added ", as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463," before "shall comply" and substituted "(d)" for "(c)" after "subdivision".