2009 California Health and Safety Code - Section 25214.9-25214.10.2 :: Article 10.3. Electronic Waste

HEALTH AND SAFETY CODE
SECTION 25214.9-25214.10.2

25214.9.  (a) The requirements and other provisions of Chapter 8.5
(commencing with Section 42460) of Part 3 of Division 30 of the
Public Resources Code are incorporated by reference as requirements
and provisions of this chapter.
   (b) To the extent consistent with the federal act, the department
may, by regulation, establish management standards as an alternative
to one or more of the standards in this chapter, for any specified
activity that involves the management of an electronic waste.

25214.10.  (a) For purposes of this section, "electronic device" has
the same meaning as a "covered electronic device," as defined in
Section 42463 of the Public Resources Code.
   (b) The department shall adopt regulations, in accordance with
this section, that prohibit an electronic device from being sold or
offered for sale in this state if the electronic device is prohibited
from being sold or offered for sale in the European Union on and
after its date of manufacture, to the extent that Directive
2002/95/EC, adopted by the European Parliament and the Council of the
European Union on January 27, 2003, and as amended thereafter by the
Commission of European Communities, prohibits that sale due to the
presence of certain heavy metals.
   (c) The regulations adopted pursuant to subdivision (b) shall take
effect January 1, 2007, or on or after the date Directive
2002/95/EC, adopted by the European Parliament and the Council of the
European Union on January 27, 2003, takes effect, whichever date is
later.
   (d) The department shall exclude, from the regulations adopted
pursuant to this section, the sale of an electronic device that
contains a substance that is used to comply with the consumer,
health, or safety requirements that are required by the Underwriters
Laboratories, the federal government, or the state.
   (e) In adopting regulations pursuant to this section, the
department may not require the manufacture or sale of an electronic
device that is different than, or otherwise not prohibited by, the
European Union under Directive 2002/95/EC, adopted by the European
Parliament and the Council of the European Union on January 27, 2003.
   (f) (1) The department may not adopt any regulations pursuant to
this section that impose any requirements or conditions that are in
addition to, or more stringent than, the requirements and conditions
expressly authorized by this section.
   (2) In complying with this subdivision, the department shall use,
in addition to any other information deemed relevant by the
department, the published decisions of the Technical Adaptation
Committee and European Union member states that interpret the
requirements of Directive 2002/95/EC.

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.

25214.10.2.  A regulation adopted pursuant to this article may be
adopted as an emergency regulation 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 the 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, and 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, an emergency
regulation adopted by the department 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 the department, whichever occurs sooner.


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