California E-Waste Updates:
September 23, 2005

Dear Electronic Product Stakeholder:

This electronic newsletter is an update on the implementation of California's Electronic Waste Recycling Act of 2003, Chapter 526, Statutes of 2003 (SB 20, Sher); as amended by Chapter 84, Statutes of 2004 (AB 901, Jackson), as amended by Chapter 863, Statutes of 2004 (SB 50, Sher), as amended by Chapter 59, Statutes of 2005 (AB 575, Wolk). It is being sent to you because you have expressed an interest in the subject of electronic waste (e-waste) management in California.

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In this issue:

CIWMB POSTS DRAFT REVISIONS TO EMERGENCY REGULATIONS; CONSIDERATION OF PROPOSED REVISIONS WILL OCCUR AT OCTOBER COMMITTEE AND BOARD MEETINGS

UPCOMING NET COST ACCOUNTING SURVEY

CEW PAYMENT SYSTEM PARTICIPANTS MUST KEEP DATA CURRENT AND ACCURATE!

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#### CIWMB Posts Draft Revisions to Emergency Regulations for Review ####

The California Integrated Waste Management Board (CIWMB) has posted draft revisions to existing emergency regulations for stakeholder review. The draft language, as well as the existing emergency regulations, can be accessed at:
www.ciwmb.ca.gov/Electronics/Act2003/Regulations/Emergency/

Proposed revisions will be considered by the CIWMB at its October 4, 2005 Sustainability and Market Development Committee meeting and at its October 18-19, 2005 Board meeting. More information on CIWMB Committee and Board meetings can be found at:
www.ciwmb.ca.gov/Agendas/

Purpose of Revisions:
The purpose of the draft regulatory revisions is to address two priority challenges within the covered electronic waste (CEW) recovery and recycling system. These are the local government "agent" provision as contained in 14 CCR 18660.20(j)(1)(B), and the handling of "source-anonymous" CEW, meaning CEW that is likely from a California source but cannot be associated with the required name and address of the originating generator.

Summary of Revisions:
The CIWMB proposes to add three defined terms to the emergency regulations:

• "Designated Approved Collector"
• "Proof of Designation"
• "Source-Anonymous CEW"

These terms support revisions proposed for the applicability and limitations section of the regulations, as well as revisions in the sections covering requirements for approved collectors, requirements for approved recyclers, and requirements for the preparations of payment claims.

The proposed revisions would remove the term "agent" from 14 CCR 18660.20(a)(1)(B) and replace it with the term "designated approved collector" with the intent of eliminating concern and confusion associated with the concept of "agent" or "agency" that may have led to difficult in applying this option at the local level. This particular revision also aims to standardize how these designations are made and documented, including specificity with regards to timeframes and scope of services.

The other proposed revisions would establish requirements for documenting the handling of "source-anonymous CEW", specify under what circumstances this material can be eligible to enter the payment system, and provide an allowance for up to five percent (5%) of a recycler's payment claim to consist of properly documented "source-anonymous CEW".

#### Upcoming Net Cost Accounting Survey ####

Emergency regulations for the California Electronic Waste Recycling Act of 2003 (14 CCR 18660.10) require approved collectors and recyclers to maintain records documenting costs and to annually submit to the CIWMB a report on the net costs of collecting and of recycling covered electronic wastes. The first report is due by February 1, 2006.

The CIWMB has contracted with R.W. Beck and Humboldt State University's Office for Economic and Community Development to assist in developing a cost reporting form and guidance to assist approved collectors and recyclers in complying with this cost reporting requirement.

To help the CIWMB understand approved participants' concerns and suggestions with net cost reporting, participants are encouraged to take the time to complete the survey when notified of its availability.

#### CEW Payment System Participants Must Keep Data Current and Accurate! ####

The CIWMB urges all participants in the CEW system to be diligent in keeping organizational data up-to-date and accurate. Regulations require all approved participants to notify the CIWMB if any information contained in the most recently approved application has changed, such as authorized personnel, contact details, locations, etc., or if the participant has changed operational status. Specifically, these requirements are contained in:

18660.16 Approval Term and Applications for Renewal
18660.18 Changes to an Approved Application

The existing emergency regulations can be accessed at:
www.ciwmb.ca.gov/Electronics/Act2003/Regulations/Emergency/

Participants should use the applicable portions of the CEW Payment System Application Form (CIWMB 186) to provide any updates to the system. The application can be found at:
www.ciwmb.ca.gov/Electronics/Act2003/Recovery/Application/

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Please note that e-mail correspondence with the State of California related to e-waste management in general, and SB 20 and SB 50 implementation in particular, should be directed to ewaste@calepa.ca.gov.

Also note that an archive of past distributions is available at:
www.ciwmb.ca.gov/Electronics/Act2003/Stakeholder/Updates/

Thank you for your interest in shaping California's e-waste management future.

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