Health and Safety Code Section
25214.10.1:
(a) For purposes of this section, the following
definitions shall apply:
(1) "Electronic device" means a video display device, as defined in
subdivision (t) of Section 42463 of the Public Resources Code, with
a screen size of greater than four inches.
(2) "Covered electronic device," "manufacturer," and "retailer" have
the same meaning as those terms are defined in Section 42463 of the
Public Resources Code.
(b) The department shall adopt regulations that identify electronic
devices that the department determines are presumed to be, when
discarded, a hazardous waste pursuant to this chapter.
(c) (1) Except as provided in subdivision (e), a manufacturer of an
electronic device that is identified in the regulations adopted by
the department shall send a notice in accordance with the schedule
specified in subparagraph (A) or (B), as applicable, of paragraph
(3), to any retailer that sells that electronic device manufactured
by the manufacturer. The notice shall identify the electronic
device, and shall inform the retailer that the electronic device is
a
covered electronic device and is subject to a fee in accordance with
subdivision (d).
(2) A manufacturer subject to this subdivision shall also send a
copy of the notice to the State Board of Equalization.
(3) The notice required by this subdivision shall be sent in
accordance with the following schedule:
(A) On or before October 1, 2004, the manufacturer shall send a
notice covering any electronic device manufactured by that
manufacturer that is identified in the regulations adopted by the
department on or before July 1, 2004, that identify the electronic
devices that the department determines are presumed to be, when
discarded, a hazardous waste pursuant to this chapter.
(B) On or before April 1, 2005, and on or before every April 1 of
each year thereafter, the manufacturer shall send a notice covering
any electronic device manufactured by that manufacturer identified
in the regulations adopted by the department pursuant to subdivision (b) on or before December 31 of the prior year.
(4) If a retailer sells a refurbished covered electronic device, the
manufacturer is required to comply with the notice requirement of
this subdivision only if the manufacturer directly supplies the
refurbished covered electronic device to the retailer.
(d) (1) Except as provided in subdivision (e), a covered electronic
device that is identified in the regulations adopted, on or before
July 1, 2004, by the department, that identify electronic devices
that the department determines are presumed to be, when discarded, a
hazardous waste pursuant to this chapter shall, on and after January
1, 2005, be subject to Chapter 8.5 (commencing with Section 42460)
of Part 3 of Division 30 of the Public Resources Code, including the
fee imposed pursuant to Section 42464 of the Public Resources Code.
(2) Except as provided in subdivision (e), a covered electronic
device identified in the regulations adopted by the department,
pursuant to subdivision (b), shall, on and after July 1 of the year
subsequent to the year in which the covered electronic device is
first identified in the regulations, be subject to Chapter 8.5
(commencing with Section 42460) of Part 3 of Division 30 of the
Public Resources Code, including the fee imposed pursuant to Section
42464 of the Public Resources Code.
(e) (1) If the manufacturer of an electronic device that is
identified in the regulations adopted by the department pursuant to
subdivision (b) obtains the concurrence of the department that an
electronic device, when discarded, would not be a hazardous waste,
in accordance with procedures set forth in Section 66260.200 of
Title 22 of the California Code of Regulations, the electronic
device shall cease to be a covered electronic device and shall cease
to be subject to subdivisions (c) and (d) on the first day of the
quarter that begins not less than 30 days after the date that the
department provides the manufacturer with a written nonhazardous
concurrence for the electronic device pursuant to this subdivision.
A manufacturer shall notify each retailer, to which that
manufacturer has sold a covered electronic device, that the device
has been determined pursuant to this subdivision to be nonhazardous
and is no longer subject to a covered electronic recycling fee.
(2)
No later than 10 days after the date that the department issues a
written nonhazardous concurrence to the manufacturer, the department
shall do both of the following:
(A) Post on the department's Web
site a copy of the nonhazardous concurrence, including, but not
limited to, an identification and description of the electronic
device to which the concurrence applies.
(B) Send a copy of the nonhazardous concurrence, including, but not
limited to, an identification and description of the electronic
device to which the concurrence applies, to the California
Integrated Waste Management Board and the State Board of
Equalization.
(f) Notwithstanding Section 42474 of the Public Resources Code, a
fine or penalty shall not be assessed on a retailer who unknowingly
sells, or offers for sale, in this state a covered electronic device
for which the covered electronic waste recycling fee has not been
collected or paid, if the failure to collect the fee was due to the
failure of the State Board of Equalization to inform the retailer
that the electronic device was subject to the fee.
As the CIWMB, in consultation with the
Department of Toxic Substances Control (DTSC),
works to implement this important legislation, more information
will be available through this website. Note that any guidance provided by
the CIWMB should not substitute for careful reading of the original
statute or subsequent regulations.
