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Business Taxes Law Guide—Revision 2024
Covered Electronic Waste Recycling Fee
Public Resources Code
Division 30. Waste Management
Part 3. State Programs
Chapter 8.5. Electronic Waste Recycling
Article 8. Inapplicability of Chapter³
- 42485 Chapter not to be implemented under certain circumstances
- 42486 Chapter not implemented; provisions remaining operative
42485. Chapter not to be implemented under certain circumstances. Except as provided in subdivision (b) of Section 42486, CalRecycle and DTSC shall not implement this chapter if either of the following occur:
(a) A federal law, or a combination of federal laws, takes effect and does all of the following:
(1) Establishes a program for the collection, recycling, and proper disposal of covered electronic waste that is applicable to all covered electronic devices sold in the United States.
(2) Provides revenues to the state to support the collection, recycling, and proper disposal of covered electronic waste, in an amount that is equal to, or greater than, the revenues that would be generated by the fee imposed under Section 42464.
(3) Requires covered electronic device manufacturers, retailers, handlers, processors, and recyclers to dispose of those devices in a manner that is in compliance with all applicable federal, state, and local laws, and prohibits the devices from being exported for disposal in a manner that poses a significant risk to the public health or the environment.
(b) A trial court issues a judgment, which is not appealed, or an appellate court issues an order affirming a judgment of a trial court, holding that out-of-state manufacturers or retailers, or both, may not be required to collect the fee authorized by this chapter. The out-of-state manufacturers or retailers, or both, shall continue to collect the fee during the appellate process.
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" after "Section 42486", substituted "DTSC" for "the department" before "shall not" in the first paragraph of the section
42486. Chapter not implemented; provisions remaining operative.(a) Except as provided in subdivision (b), the provisions of this chapter shall become inoperative on the date that either of the events described in subdivision (a) or (b) of Section 42485 occurs, and if both occur, the earlier date.
(b) On the date specified in subdivision (a), the provisions of this chapter shall remain operative only for the collection of fees, the liability for which accrued prior to that date, making refunds, effecting credits, the disposition of moneys collected, and commencing an action or proceeding pursuant to this chapter.
History—Added by Stats. 2004, Ch. 863 (SB 50), in effect September 29, 2004.
Note.—SEC. 5. of Stats. 2003, Ch. 526 (SB 20), effective January 1, 2004, states, the provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provisions or application.