reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.5 - Electronic Waste Recycling › ARTICLE 1 - General Provisions › Section 42461.5.

42461.5. (a) The Legislature finds and declares that the changes made by this act of the 2011–12 Regular Session of the Legislature to subdivision (h) of Section 42461, subdivision (f) of Section 42476, and subdivision (a) of Section 42479, clarify and strengthen the enforcement provisions of the act, so as to implement the Legislature’s intent when this chapter was first enacted on January 1, 2003.
(b) The changes specified in subdivision (a) shall not be interpreted as affecting an administrative or legal enforcement action that was filed before, or is pending on, January 1, 2013, and shall not prevent the taking of a legal or administrative enforcement action that may be brought on or after January 1, 2013, with regard to any actions taken, or claims filed, before that date.
(Added by Stats. 2012, Ch. 523, Sec. 2. (AB 549) Effective January 1, 2013. Conditionally inoperative as provided in Sections 42485 and 42486.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.5 - Electronic Waste Recycling › ARTICLE 3 - Covered Electronic Waste Recycling Fees and Covered Battery-Embedded Waste Recycling Fees › Section 42464.2.

42464.2. CDTFA shall collect the covered electronic waste recycling fee and the covered battery-embedded waste recycling fee pursuant to the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code). For purposes of this section, the reference in the Fee Collection Procedures Law to “feepayer” shall include a retailer, a consumer, and a vendor, in the case of a retailer’s election pursuant to paragraph (2) of subdivision (e) of Section 42464.
(Amended by Stats. 2022, Ch. 370, Sec. 8. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.5 - Electronic Waste Recycling › ARTICLE 3 - Covered Electronic Waste Recycling Fees and Covered Battery-Embedded Waste Recycling Fees › Section 42464.3.

42464.3. CalRecycle and DTSC may share information provided pursuant to this article with CDTFA, upon request, as necessary to administer and enforce the covered electronic waste recycling fee and covered battery-embedded waste recycling fee imposed under this article.
(Amended by Stats. 2023, Ch. 848, Sec. 13. (AB 1526) Effective January 1, 2024. Conditionally inoperative as provided in Sections 42485 and 42486.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.5 - Electronic Waste Recycling › ARTICLE 3 - Covered Electronic Waste Recycling Fees and Covered Battery-Embedded Waste Recycling Fees › Section 42464.4.

42464.4. (a) The covered electronic waste recycling fee and the covered battery-embedded waste recycling fee shall be due and payable quarterly on or before the last day of the month following each calendar quarter. The payments shall be accompanied by a return filed using electronic media. Returns shall be authenticated in a form or pursuant to methods as may be prescribed by CDTFA.
(b) CDTFA may require the payment of the fee and the filing of returns for other than quarterly periods.
(Amended by Stats. 2022, Ch. 370, Sec. 10. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.5 - Electronic Waste Recycling › ARTICLE 3 - Covered Electronic Waste Recycling Fees and Covered Battery-Embedded Waste Recycling Fees › Section 42464.6.

42464.6. (a) CDTFA shall not accept or consider a petition for redetermination of fees determined under this chapter if the petition is founded upon the grounds that an item is or is not a covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463. CDTFA shall forward to DTSC any appeal of a determination that is based on the grounds that an item is or is not a covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463. CDTFA shall forward to CalRecycle any appeal of a determination that is based on the grounds that an item is or is not a covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463.
(b) CDTFA shall not accept or consider a claim for refund of fees paid pursuant to this chapter if the claim is founded upon the grounds that an item is or is not a covered electronic device. CDTFA shall forward to DTSC any claim for refund that is based on the grounds that an item is or is not a covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463. CDTFA shall forward to CalRecycle any claim for refund that is based on the grounds that an item is or is not a covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463.
(Amended by Stats. 2022, Ch. 370, Sec. 11. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.5 - Electronic Waste Recycling › ARTICLE 3 - Covered Electronic Waste Recycling Fees and Covered Battery-Embedded Waste Recycling Fees › Section 42464.8.

42464.8. Notwithstanding Section 55381 of the Revenue and Taxation Code, CDTFA may disclose the name, address, account number, and account status of a person registered with CDTFA to collect and remit the covered electronic waste recycling fee or the covered battery-embedded waste recycling fee.
(Amended by Stats. 2022, Ch. 370, Sec. 12. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.5 - Electronic Waste Recycling › ARTICLE 4 - Manufacturer Responsibility › Section 42465.

42465. 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.
(Amended by Stats. 2023, Ch. 131, Sec. 198. (AB 1754) Effective January 1, 2024. Conditionally inoperative as provided in Sections 42485 and 42486.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.5 - Electronic Waste Recycling › ARTICLE 4 - Manufacturer Responsibility › Section 42465.1.

42465.1. 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.
(Amended by Stats. 2022, Ch. 370, Sec. 14. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.5 - Electronic Waste Recycling › ARTICLE 4 - Manufacturer Responsibility › Section 42465.3.

42465.3. 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.
(Amended by Stats. 2022, Ch. 370, Sec. 16. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.5 - Electronic Waste Recycling › ARTICLE 4 - Manufacturer Responsibility › Section 42466.1.

42466.1. (a) On and after January 1, 2026, a person shall not sell or offer for sale in this state a new or refurbished covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, unless the item is labeled with the name of the manufacturer or the manufacturer’s brand label so that it is readily visible.
(b) A new or refurbished covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, battery-embedded product shall either be labeled with information identifying the chemistry of the battery contained within the covered electronic devices sold by the manufacturer or include that information on the manufacturer’s internet website.
(Added by Stats. 2022, Ch. 370, Sec. 17. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.5 - Electronic Waste Recycling › ARTICLE 4 - Manufacturer Responsibility › Section 42466.2.

42466.2. (a) A manufacturer of a “covered electronic device,” as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, shall send a notice in accordance with the schedule specified in paragraph (1) or (2), as applicable, of subdivision (c), to any retailer that sells that covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, manufactured by the manufacturer. The notice shall identify the covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, by brand and model number, and shall inform the retailer that the electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, is a covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, and is subject to a covered battery-embedded waste recycling fee in accordance with subdivision (b) of Section 42464.
(b) A manufacturer subject to this subdivision shall also send copies of the notice to CalRecycle.
(c) The notice required by this subdivision shall be sent in accordance with the following schedule:
(1) On or before July 1, 2025, and every year thereafter, the manufacturer shall send a notice covering any covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, manufactured by that manufacturer that is subject to this chapter.
(2) On or before July 1, 2025, and every year thereafter, the manufacturer shall send a notice covering any product manufactured by that manufacturer that is exempt from the covered battery-embedded product definition, pursuant to paragraph (2) of subdivision (g) of Section 42463.
(Added by Stats. 2022, Ch. 370, Sec. 18. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.5 - Electronic Waste Recycling › ARTICLE 4 - Manufacturer Responsibility › Section 42467.

42467. (a) On or before July 1, 2027, and at least once annually thereafter, each manufacturer of a covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, sold in this state shall do both 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 (B) of paragraph (1) of subdivision (g) of Section 42463, sold by the manufacturer in the state during the previous year.
(B) The chemistry of the battery contained within the covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, sold by the manufacturer.
(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 (B) 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 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 42466.2.
(2) Make information available to consumers that describes where and how to return, recycle, and dispose of the covered electronic device, as defined in subparagraph (B) 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 (B) of paragraph (1) of subdivision (g) of Section 42463.
(b) 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.
(Added by Stats. 2022, Ch. 370, Sec. 19. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.5 - Electronic Waste Recycling › ARTICLE 5 - Administration › Section 42472.

42472. (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.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.5 - Electronic Waste Recycling › ARTICLE 5 - Administration › Section 42473.

42473. 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.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.5 - Electronic Waste Recycling › ARTICLE 5 - Administration › Section 42474.5.

42474.5. 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.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.5 - Electronic Waste Recycling › ARTICLE 5 - Administration › Section 42475.

42475. (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.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.5 - Electronic Waste Recycling › ARTICLE 5 - Administration › Section 42475.2.

42475.2. (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.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.5 - Electronic Waste Recycling › ARTICLE 5 - Administration › Section 42475.3.

42475.3. 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.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.5 - Electronic Waste Recycling › ARTICLE 5 - Administration › Section 42475.4.

42475.4. (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.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.5 - Electronic Waste Recycling › ARTICLE 6 - Financial Provisions › Section 42476.5.

42476.5. A person who exports covered electronic waste, or a covered electronic device intended for recycling or disposal, to a foreign country, or to another state for ultimate export to a foreign country, shall do all of the following at least 60 days prior to export:
(a) Notify DTSC of the destination, disposition, contents, and volume of the waste or device intended for recycling or disposal to be exported, and include with the notification the demonstrations required pursuant to subdivisions (b) to (f), inclusive.
(b) Demonstrate that the waste or device is being exported for purposes of recycling or disposal.
(c) Demonstrate that the importation of the waste or device is not prohibited by an applicable law in the state or country of destination and that any import will be conducted in accordance with all applicable laws. As part of this demonstration, required import and operating licenses, permits, or other appropriate authorization documents shall be forwarded to DTSC.
(d) Demonstrate that the exportation of the waste or device is conducted in accordance with applicable United States or applicable international law.
(e) (1) Demonstrate that the waste or device will be managed within the country of destination only at facilities whose operations meet or exceed the binding decisions and implementing guidelines of the Organization for Economic Cooperation and Development for the environmentally sound management of the waste or device being exported.
(2) The demonstration required by this subdivision applies to any country of destination, notwithstanding that the country is not a member of the Organization for Economic Cooperation and Development.
(f) Demonstrate that the person attempted to locate an in-state covered electronic waste recycler and that the waste or device could not be managed by an in-state covered electronic waste recycler.
(Amended by Stats. 2023, Ch. 308, Sec. 1. (SB 568) Effective January 1, 2024. Conditionally inoperative as provided in Sections 42485 and 42486.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.5 - Electronic Waste Recycling › ARTICLE 6 - Financial Provisions › Section 42476.6.

42476.6. Section 42476.5 does not apply to a component part of a covered electronic device that is exported to an authorized collector or recycler and that is reused or recycled into a new electronic component.
(Added by Stats. 2003, Ch. 526, Sec. 5. Effective January 1, 2004. Conditionally inoperative as provided in Sections 42485 and 42486.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.5 - Electronic Waste Recycling › ARTICLE 6 - Financial Provisions › Section 42477.

42477. (a) On July 1, 2004, or as specified otherwise in Section 25214.10.1 of the Health and Safety Code, and on July 1 of each year thereafter, CalRecycle, in collaboration with DTSC, shall establish an electronic waste recovery payment schedule for covered electronic wastes generated in this state to cover the average net cost for an authorized collector to operate a free and convenient system for collecting, consolidating and transporting covered electronic wastes generated in this state.
(b) CalRecycle shall make the electronic waste recovery payments either directly to an authorized collector or to a covered electronic waste recycler for payment to an authorized collector pursuant to this article.
(Amended by Stats. 2022, Ch. 370, Sec. 28. (SB 1215) Effective January 1, 2023. Conditionally inoperative as provided in Sections 42485 and 42486.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.5 - Electronic Waste Recycling › ARTICLE 7 - State Agency Procurement › Section 42480.

42480. (a) (1) A state agency that purchases or leases covered electronic devices shall require each prospective bidder, to certify that it, and its agents, subsidiaries, partners, joint venturers, and subcontractors for the procurement, have complied with this chapter and any regulations adopted pursuant to this chapter, or to demonstrate that this chapter is inapplicable to all lines of business engaged in by the bidder, its agents, subsidiaries, partners, joint venturers, or subcontractors.
(2) The certification requirement set forth in paragraph (1) does not apply to a credit card purchase of goods of two thousand five hundred dollars ($2,500) or less. The total amount of exemption authorized herein shall not exceed seven thousand five hundred dollars ($7,500) per year for each company from which a state agency is purchasing goods by credit card. It shall be the responsibility of each state agency to monitor the use of this exemption and adhere to these restrictions on these purchases.
(b) Failure to provide certification pursuant to this section shall render the prospective bidder and its agents, subsidiaries, partners, joint venturers, and subcontractors ineligible to bid on the procurement of covered electronic devices.
(c) The bid solicitation documents shall specify that the prospective bidder is required to cooperate fully in providing reasonable access to its records and documents that evidence compliance with this chapter.
(d) Any person awarded a contract by a state agency that is found to be in violation of this section is subject to the following sanctions:
(1) The contract shall be voided by the state agency to which the equipment, materials, or supplies were provided.
(2) The contractor is ineligible to bid on any state contract for a period of three years.
(3) If the Attorney General establishes in the name of the people of the State of California that any money, property, or benefit was obtained by a contractor as a result of violating this section, the court may, in addition to any other remedy, order the disgorgement of the unlawfully obtained money, property, or benefit in the interest of justice.
(Amended by Stats. 2005, Ch. 381, Sec. 9. Effective January 1, 2006. Conditionally inoperative as provided in Sections 42485 and 42486.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.5 - Electronic Waste Recycling › ARTICLE 8 - Inapplicability of Chapter › Section 42485.

42485. 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.
(Amended by Stats. 2022, Ch. 370, Sec. 31. (SB 1215) Effective January 1, 2023. Note: Termination provisions affect Chapter 8.5, commencing with Section 42460.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.5 - Electronic Waste Recycling › ARTICLE 8 - Inapplicability of Chapter › Section 42486.

42486. (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.
(Added by Stats. 2004, Ch. 863, Sec. 22. Effective September 29, 2004. Note: Termination provisions affect Chapter 8.5, commencing with Section 42460.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.6 - Right to Repair Act › Section 42488.

42488. This chapter shall be known, and may be cited, as the Right to Repair Act.
(Added by Stats. 2023, Ch. 704, Sec. 1. (SB 244) Effective January 1, 2024.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.6 - Right to Repair Act › Section 42488.1.

42488.1. It is the intent of the Legislature to provide a fair marketplace for the repair of electronic and appliance products and to prohibit intentional barriers and limitations to third-party repair.
(Added by Stats. 2023, Ch. 704, Sec. 1. (SB 244) Effective January 1, 2024.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.6 - Right to Repair Act › Section 42488.3.

42488.3. (a) (1) A city, a county, a city and county, or the state may bring an action in superior court to impose civil liability on a person or entity that knowingly violated this chapter, or reasonably should have known that it violated this chapter, in the amount of one thousand dollars ($1,000) per day for the first violation of this chapter, two thousand dollars ($2,000) per day for the second violation, and five thousand dollars ($5,000) per day for the third and subsequent violations.
(2) Any action described in paragraph (1) shall be commenced within three years from the date of the alleged violation.
(b) Any civil penalties collected pursuant to subdivision (a) shall be paid to the office of the city attorney, county counsel, district attorney, or Attorney General, whichever office brought the action. The penalties collected pursuant to this section by the Attorney General shall be deposited into the Public Rights Law Enforcement Special Fund.
(c) This section shall become operative on July 1, 2024.
(Added by Stats. 2023, Ch. 704, Sec. 1. (SB 244) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.7 - Cell Phone Recycling Act of 2004 › ARTICLE 1 - General Provisions › Section 42490.

42490. This act shall be known, and may be cited as, the Cell Phone Recycling Act of 2004.
(Added by Stats. 2004, Ch. 891, Sec. 1. Effective January 1, 2005. Inoperative September 30, 2027, pursuant to Section 42499.5. Repealed as of January 1, 2028, pursuant to Section 42499.5.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.7 - Cell Phone Recycling Act of 2004 › ARTICLE 2 - Definitions › Section 42493.

42493. For the purposes of this chapter, the following terms have the following meanings, unless the context clearly requires otherwise:
(a) “Cell phone” means a wireless telephone device that is designed to send or receive transmissions through a cellular radiotelephone service, as defined in Section 22.99 of Title 47 of the Code of Federal Regulations. A cell phone includes the rechargeable battery that may be connected to that cell phone. A cell phone does not include a wireless telephone device that is integrated into the electrical architecture of a motor vehicle.
(b) “Consumer” means a purchaser or owner of a cell phone. “Consumer” also includes a business, corporation, limited partnership, nonprofit organization, or governmental entity, but does not include an entity involved in a wholesale transaction between a distributor and retailer.
(c) “Department” means the Department of Toxic Substances Control.
(d) “Retailer” means a person who sells a cell phone in the state to a consumer, including a manufacturer of a cell phone who sells that cell phone directly to a consumer. A sale includes, but is not limited to, transactions conducted through sales outlets, catalogs, or the Internet, or any other similar electronic means, but does not include a sale that is a wholesale transaction with a distributor or retailer.
(e) (1) “Sell” or “sale” means a transfer for consideration of title or of the right to use, by lease or sales contract, including, but not limited to, transactions conducted through sales outlets, catalogs, or the Internet or any other, similar electronic means, but does not include a wholesale transaction with a distributor or a retailer.
(2) For purposes of this subdivision and subdivision (d), “distributor” means a person who sells a cell phone to a retailer.
(f) “Used cell phone” means a cell phone that has been previously used and is made available, by a consumer, for reuse, recycling, or proper disposal.
(Added by Stats. 2004, Ch. 891, Sec. 1. Effective January 1, 2005. Inoperative September 30, 2027, pursuant to Section 42499.5. Repealed as of January 1, 2028, pursuant to Section 42499.5.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.7 - Cell Phone Recycling Act of 2004 › ARTICLE 3 - Cell Phone Recycling › Section 42494.

42494. (a) On and after July 1, 2006, every retailer of cell phones sold in this state shall have in place a system for the acceptance and collection of used cell phones for reuse, recycling, or proper disposal.
(b) A system for the acceptance and collection of used cell phones for reuse, recycling, or proper disposal shall, at a minimum, include all of the following elements:
(1) The take-back from the consumer of a used cell phone that the retailer sold or previously sold to the consumer, at no cost to that consumer. The retailer may require proof of purchase.
(2) The take-back of a used cell phone from a consumer who is purchasing a new cell phone from that retailer, at no cost to that consumer.
(3) If the retailer delivers a cell phone directly to a consumer in this state, the system provides the consumer, at the time of delivery, with a mechanism for the return of used cell phones for reuse, recycling, or proper disposal, at no cost to the consumer.
(4) Make information available to consumers about cell phone recycling opportunities provided by the retailer and encourage consumers to utilize those opportunities. This information may include, but is not limited to, one or more of the following:
(A) Signage that is prominently displayed and easily visible to the consumer.
(B) Written materials provided to the consumer at the time of purchase or delivery, or both.
(C) Reference to the cell phone recycling opportunity in retailer advertising or other promotional materials, or both.
(D) Direct communications with the consumer at the time of purchase.
(c) Paragraph (4) of subdivision (b) does not apply to a retailer that only sells prepaid cell phones and does not provide the ability for a consumer to sign a contract for cell phone service.
(Added by Stats. 2004, Ch. 891, Sec. 1. Effective January 1, 2005. Inoperative September 30, 2027, pursuant to Section 42499.5. Repealed as of January 1, 2028, pursuant to Section 42499.5.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.7 - Cell Phone Recycling Act of 2004 › ARTICLE 3 - Cell Phone Recycling › Section 42495.

42495. On and after July 1, 2006, it is unlawful to sell a cell phone to a consumer in this state unless the retailer of that cell phone complies with this chapter.
(Added by Stats. 2004, Ch. 891, Sec. 1. Effective January 1, 2005. Inoperative September 30, 2027, pursuant to Section 42499.5. Repealed as of January 1, 2028, pursuant to Section 42499.5.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.7 - Cell Phone Recycling Act of 2004 › ARTICLE 4 - Statewide Recycling Goals › Section 42496.4.

42496.4. On July 1, 2007, and each July 1, thereafter, the department shall post on its Web site an estimated California recycling rate for cell phones, the numerator of which shall be the estimated number of cell phones returned for recycling in California during the previous calendar year, and the denominator of which is the number of cell phones estimated to be sold in this state during the previous calendar year.
(Added by Stats. 2004, Ch. 891, Sec. 1. Effective January 1, 2005. Inoperative September 30, 2027, pursuant to Section 42499.5. Repealed as of January 1, 2028, pursuant to Section 42499.5.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.7 - Cell Phone Recycling Act of 2004 › ARTICLE 5 - State Agency Procurement › Section 42498.

42498. (a) (1) A state agency that purchases or leases cell phones shall require each prospective bidder, to certify that it, and its agents, subsidiaries, partners, joint venturers, and subcontractors for the procurement, have complied with this chapter and any regulations adopted pursuant to this chapter, or to demonstrate that this chapter is inapplicable to all lines of business engaged in by the bidder, its agents, subsidiaries, partners, joint venturers, or subcontractors.
(2) The certification requirement set forth in paragraph (1) does not apply to a credit card purchase of goods of two thousand five hundred dollars ($2,500) or less. The total amount of exemption authorized herein shall not exceed seven thousand five hundred dollars ($7,500) per year for each company from which a state agency is purchasing goods by credit card. It shall be the responsibility of each state agency to monitor the use of this exemption and adhere to these restrictions on these purchases.
(b) Failure to provide certification pursuant to this section shall render the prospective bidder and its agents, subsidiaries, partners, joint venturers, and subcontractors ineligible to bid on the procurement of cell phones.
(c) The bid solicitation documents shall specify that the prospective bidder is required to cooperate fully in providing reasonable access to its records and documents that evidence compliance with this chapter.
(d) Any person awarded a contract by a state agency that is found to be in violation of this section is subject to the following sanctions:
(1) The contract shall be voided by the state agency to which the equipment, materials, or supplies were provided.
(2) The contractor is ineligible to bid on any state contract for a period of three years.
(3) If the Attorney General establishes in the name of the people of the State of California that any money, property, or benefit was obtained by a contractor as a result of violating this section, the court may, in addition to any other remedy, order the disgorgement of the unlawfully obtained money, property, or benefit in the interest of justice.
(Amended by Stats. 2005, Ch. 381, Sec. 10. Effective January 1, 2006. Inoperative September 30, 2027, pursuant to Section 42499.5. Repealed as of January 1, 2028, pursuant to Section 42499.5.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.7 - Cell Phone Recycling Act of 2004 › ARTICLE 6 - Effect of Act › Section 42499.

42499. This chapter shall not be construed to affect Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code, any regulation adopted pursuant to that chapter, or any obligation imposed on a person pursuant to that chapter, relating to cell phones or used cell phones.
(Added by Stats. 2004, Ch. 891, Sec. 1. Effective January 1, 2005. Inoperative September 30, 2027, pursuant to Section 42499.5. Repealed as of January 1, 2028, pursuant to Section 42499.5.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 8.7 - Cell Phone Recycling Act of 2004 › ARTICLE 7 - Repeal › Section 42499.5.

42499.5. This chapter shall become inoperative on September 30, 2027, and, as of January 1, 2028, is repealed.
(Added by Stats. 2022, Ch. 351, Sec. 3. (AB 2440) Effective January 1, 2023. Repealed as of January 1, 2028, by its own provisions. Note: Repeal affects Ch. 8.7, commencing with Section 42490.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 9 - Technical Assistance Program › ARTICLE 1 - Enforcement Agency Training and Assistance › Section 42500.

42500. The board shall provide periodic training to enforcement agencies regarding changes in state or federal regulations, new technologies affecting solid waste landfill operations, and other matters which will enhance the enforcement agencies’ ability to carry out their enforcement responsibilities. In providing that training, the board shall pay particular attention to cities and counties which meet the criteria specified in Section 41782.
(Amended by Stats. 1992, Ch. 1035, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 9 - Technical Assistance Program › ARTICLE 1 - Enforcement Agency Training and Assistance › Section 42501.

42501. (a) The board shall provide ongoing technical assistance and guidance to enforcement agencies to assist in their decisionmaking processes. This assistance shall include, but is not limited to, providing all of the following:
(1) Technical studies and reports.
(2) Copies of innovative facility operation plans.
(3) Investigative findings and analyses of new waste management practices and procedures.
(b) In providing that assistance, the board shall pay particular attention to cities and counties which meet the criteria specified in Section 41782.
(Amended by Stats. 1992, Ch. 1035, Sec. 3. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 9 - Technical Assistance Program › ARTICLE 2 - Nonyard Wood Waste Disposal Minimization › Section 42510.

42510. It is the intent of the Legislature that actions taken by the department and cities and counties pursuant to this article serve in the best interests of cities and counties by preserving existing disposal site capacity and providing a source of revenue from the stabilization and expansion of markets for processed wood waste materials. Actions taken pursuant to this article shall be separate from, and not be counted toward, the diversion requirements established pursuant to paragraphs (1) and (2) of subdivision (a) of Section 41780.
(Amended by Stats. 2022, Ch. 342, Sec. 7. (AB 1857) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 9 - Technical Assistance Program › ARTICLE 2 - Nonyard Wood Waste Disposal Minimization › Section 42511.

42511. The board shall assist cities and counties to divert nonyard wood wastes which cannot otherwise feasibly be reduced, recycled, or composted, for processing and utilization as a fuel resource, provided that the facilities which use the nonyard wood waste as a fuel resource have obtained any necessary permits which allow the use of those materials as a fuel and to the extent the diversion is consistent with the hierarchy set forth in Section 40051.
(Repealed and added by Stats. 1991, Ch. 717, Sec. 14.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 9 - Technical Assistance Program › ARTICLE 3 - Plastic Recycling Assistance › Section 42520.

42520. The board shall establish a Plastics Recycling Information Clearinghouse. This clearinghouse shall provide information to postconsumer plastics collectors, reprocessors, and recyclers about programs collecting postconsumer plastics, availability of postconsumer plastics, and recent advances in postconsumer plastics recycling technology.
(Amended by Stats. 1996, Ch. 1038, Sec. 24. Effective September 29, 1996.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 9 - Technical Assistance Program › ARTICLE 5 - City and County Integrated Waste Management Plans › Section 42540.

42540. The board shall provide technical assistance to counties and cities to assist in development, revision, amendment, and implementation of local city source reduction and recycling elements and countywide integrated waste management plans. Assistance rendered, at the discretion of the board, includes, but is not limited to, all of the following:
(a) Developing regulations for the implementation of the city source reduction and recycling elements and the countywide integrated waste management plans.
(b) Conducting waste characterization studies on a city, county, district, regional, or statewide basis, or any combination thereof.
(c) Developing annual baseline data for measurement of the effectiveness of local plans in achieving statewide goals.
(d) Conducting studies on issues or problems that impact the ability of local government, the state, or business and industry in achieving individual or collective goals for integrated waste management.
(e) Developing mechanisms to implement market development recommendations recommended by the board.
(f) Providing technical and general information deemed appropriate to assist state and local governments achieve the objectives of integrated waste management elements and plans.
(Added by Stats. 1989, Ch. 1096, Sec. 2.)