Bill Text: CA AB1238 | 2023-2024 | Regular Session | Amended
Bill Title: Hazardous waste: solar panels.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-06-11 - Re-referred to Com. on RLS. [AB1238 Detail]
Download: California-2023-AB1238-Amended.html
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Amended
IN
Senate
June 10, 2024 |
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Amended
IN
Assembly
March 21, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1238
| Introduced by Assembly Member Ward |
February 16, 2023 |
An act to amend Section 25259 of, and to add Section 25259.1 to, Sections 25214.10, 25214.10.1, and 25259 of the Health and Safety Code, and to amend Sections 42463, 42464, 42464.2, 42464.3, 42464.4, 42464.6, 42464.8, 42465.1, 42465.2, 42465.3, 42466.1, 42466.2, 42467, 42476, 42478, 42479 of, to add Sections 42461.7, 42462 to, and to add Chapter 8.8 (commencing with Section 42499.6) to Part 3 of Division 30 of, the Public Resources Code, relating to hazardous waste.
waste, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1238, as amended, Ward.
Hazardous waste: solar panels.
(1) Under existing law, the purpose of the Electronic Waste Recycling Act of 2003 is to create a comprehensive and innovative system for the reuse, recycling, and proper and legal disposal of covered electronic devices, as defined, and provide incentives to design electronic devices that are less toxic, more recyclable, and that use recycled materials. Under existing law, both the Department of Resources Recycling and Recovery (CalRecycle) and the Department of Toxic Substances Control (DTSC) administer the act and may adopt regulations to implement and enforce the act. The act requires a retailer selling a covered electronic device in this state to collect from a consumer at the time of retail sale a covered electronic waste recycling fee or covered battery-embedded waste recycling
fee, as specified. The act defines “covered electronic device” to mean certain video display devices and battery-embedded products. The act requires all funds collected pursuant to the act to be deposited into subaccounts of the Electronic Waste Recovery and Recycling Account. The act continuously appropriates the funds in the subaccounts for specified purposes, including, but not limited to, paying covered electronic waste recycling fee refunds and making electronic waste recovery and recycling payments. Existing law incorporates the act into the hazardous waste control laws, and a violation of the hazardous waste control laws is a crime.
This bill, among other things, would add consumer-owned solar photovoltaic modules to the definition of covered electronic devices, thereby subjecting consumer-owned solar photovoltaic modules to the act, as specified. The
bill, on and after January 1, 2030, would require a consumer or a service provider serving the consumer, including a developer or installer of a consumer-owned solar photovoltaic system, to pay a consumer-owned solar photovoltaic module recycling fee in an amount determined by CalRecycle, as provided, upon the purchase of new consumer-owned solar photovoltaic modules. The bill would require a retailer selling a consumer-owned solar photovoltaic module to collect a consumer-owned solar photovoltaic module recycling fee, as specified. The bill would require all funds collected from the consumer-owned solar photovoltaic module recycling fee to be deposited into the Consumer-Owned Solar Photovoltaic Module Recycling Fee Subaccount, which the bill would establish within the Electronic Waste Recovery and Recycling Account. The bill would continuously appropriate the funds in the subaccount for specified purposes, including, but not limited to, paying refunds of the consumer-owned solar photovoltaic module
recycling fee. The bill would authorize CalRecycle to adjust the consumer-owned solar photovoltaic module recycling fee to, among other things, ensure sufficient funding for the collection, consolidation, and recycling of covered electronic waste resulting from solar photovoltaic modules and the resulting solar photovoltaic module e-waste that is projected to be recycled in the state.
This bill would require CalRecycle, and would authorize DTSC, to adopt regulations to implement the provisions of the act related to consumer-owned solar photovoltaic modules. The bill would prohibit CalRecycle’s regulations implementing the provisions of the act related to consumer-owned solar photovoltaic modules from having an effective date earlier than January 1, 2029.
By expanding the scope of a crime, this bill would create a
state-mandated local program.
(2) Existing law establishes stewardship programs for certain products, whereby a manufacturer, importer, distributer, or retailer is required, by itself or with others, to establish a stewardship organization that is required to develop and implement a plan for collecting and properly managing the disposal of covered products, as provided.
This bill would establish a stewardship program for solar photovoltaic modules that are not included in the definition of consumer-owned solar photovoltaic module, and therefore, would not be regulated by the provisions above. The bill would require CalRecycle to adopt regulations to implement the stewardship program and would prohibit the regulations from having an effective date earlier than January 1, 2029. The bill would define “steward” to mean the person responsible for decommissioning of a solar photovoltaic module, as specified.
The bill would require a steward, by itself or with other stewards in a stewardship organization, to submit a stewardship plan to CalRecycle within 12 months of the adoption of the regulations. The bill would specify requirements for the plan, including, but not limited to, describing how the solar photovoltaic modules will be collected, refurbished, reused, or recycled. The bill would require a steward, by itself or with other stewards in a stewardship organization, to pay for the implementation of its stewardship plan and to pay an administrative fee at an amount that is the actual and reasonable costs adequate to cover CalRecycle’s and any other state agency’s projected full costs of administering and enforcing the stewardship program. The bill would require the administrative fees to be deposited into the Nonconsumer-Owned Solar Photovoltaic Module Recycling Subaccount, which this bill would establish. The bill would require, upon appropriation by the Legislature, moneys in the subaccount to be expended
by CalRecycle or any other agency that assists in administering the stewardship program, as specified. The bill would require a steward and a stewardship organization to retain certain documents, allow CalRecycle to inspect documents and facilities, and to perform audits, as specified. The bill would require all reports and records that a steward or stewardship organization submits to CalRecycle pursuant to the stewardship program to be submitted under the penalty of perjury. By expanding the scope of a crime, this bill would create a state-mandated local program.
This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of
2/3 of the membership of each house of the Legislature.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials
and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Existing law requires the Department of Toxic Substances Control to adopt regulations for the identification and management of hazardous wastes. Existing law authorizes the department to adopt regulations designating end-of-life photovoltaic modules that are identified as hazardous waste as a universal waste and subject to regulations applicable to universal waste management. A violation of the Hazardous Waste Control Law, including a regulation adopted pursuant to that law, is a crime.
This bill would require the department to develop alternative management standards for managing photovoltaic modules. The bill would specify parameters for the standards, including, but not limited to, that they promote the safe collection, reuse, and recycling of photovoltaic modules. The bill would require the department to hold at least one public workshop
to discuss concepts for the standards with stakeholders before submitting an initial statement of reasons to the Office of Administrative Law. Because a violation of regulations adopted by the department under these provisions would be a crime, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 25214.10 of the Health and Safety Code is amended to read:25214.10.
(a) For purposes of this section, “electronic device” has the same meaning as a “covered electronic device,” as defined in subparagraph (A) of paragraph (1) of subdivision(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 shall 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 shall 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.
SEC. 2.
Section 25214.10.1 of the Health and Safety Code is amended to read: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 Section 42463 of the Public Resources Code, with a screen size of greater than four inches.
(2) “Covered electronic device” has the same meaning as a covered electronic device, as defined in paragraph (1) of subdivision (g) (h) of Section 42463 of the Public Resources Code.
(3) “Manufacturer” and
“retailer” have the same meaning as set forth in Section 42463 of the Public Resources Code.
(b) Notwithstanding the definition of “covered electronic device” in paragraph (2) of subdivision (a), the obligations of the department established in subdivisions (c) to (f), inclusive, apply only to covered electronic devices specified in subparagraph (A) of paragraph (1) of subdivision (g) (h) of Section 42463 of the Public Resources Code.
(c) 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.
(d) (1) Except as provided in subdivision (f), 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 (2) 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 (e).
(2) 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 (c) on or before December 31 of the prior year.
(3) 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.
(e) (1) Except as provided in subdivision (f), 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 covered electronic waste recycling fee imposed pursuant to Section 42464 of the Public Resources Code.
(2) Except as provided in subdivision (f), a covered electronic device identified in the regulations adopted by the department, pursuant to subdivision (c), 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 covered
electronic waste recycling fee imposed pursuant to Section 42464 of the Public Resources Code.
(f) (1) If the manufacturer of an electronic device that is identified in the regulations adopted by the department pursuant to subdivision (c) obtains the department’s concurrence 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 (d) and (e) 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 waste 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 internet website 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 Department of Resources Recycling and Recovery and to the California Department of Tax and Fee Administration.
(g) 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 California Department of Tax and Fee Administration to inform the retailer that the electronic device was subject to the fee.
SEC. 3.
Section 25259 of the Health and Safety Code is amended to read:25259.
(b) Except as otherwise provided in paragraph (2) of subdivision (d) of Section 66273.73 of Title 22 of the California Code of Regulations, use of a hot wire or full panel heating sufficient to release
binding adhesive to separate a photovoltaic module panel or cover glass from the solar cells of a photovoltaic module is authorized as a treatment method if performed by a universal waste handler described in subdivision (a), (b), or (c) of Section 66273.73 of Title 22 of the California Code of Regulations.
SEC. 4.
Section 42461.7 is added to the Public Resources Code, to read:42461.7.
(a) The Legislature finds and declares that it is the policy of the State of California that 100 percent of solar photovoltaic modules go to reuse, refurbishment, or recycling, unless otherwise damaged beyond recyclability resulting in the whole panel being considered hazardous waste. This policy pertains to all solar photovoltaic modules in the state, including customer-owned solar photovoltaic modules and solar photovoltaic modules covered by a stewardship plan described in Section 42499.65.(b) It is the intent of the Legislature that the cost associated with the reuse, refurbishment, and recycling of solar photovoltaic modules is the responsibility of the producers, stewards, and consumers of solar photovoltaic modules, and not local
government or their service providers, state government, or taxpayers.
SEC. 5.
Section 42462 is added to the Public Resources Code, immediately following Section 42461.7, to read:42462.
(a) (1) CalRecycle shall administer and enforce this chapter in consultation with DTSC.(2) CalRecycle shall adopt regulations to implement the provisions of this chapter related to consumer-owned solar photovoltaic modules. The regulations shall have an effective date no earlier than January 1, 2029. The regulations shall protect any proprietary information submitted to CalRecycle by a manufacturer of a covered electronic device.
(3) DTSC may adopt regulations that are necessary to implement the provisions of this chapter related to consumer-owned solar photovoltaic modules.
(4) In carrying
out the provisions of this chapter related to consumer-owned solar photovoltaic modules, 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 the CDTFA.
(5) In administering and enforcing the provisions of this chapter related to consumer-owned solar photovoltaic modules, all records, information, and documentation shall be submitted to CalRecycle electronically, unless otherwise requested, in a form and manner determined by CalRecycle.
(b) Any regulation adopted pursuant to this section shall be in compliance the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
SEC. 6.
Section 42463 of the Public Resources Code is amended to read:42463.
For purposes of this chapter, the following terms have the following meanings, unless the context clearly requires otherwise:(a) “Account” means the Electronic Waste Recovery and Recycling Account created in the Integrated Waste Management Fund pursuant to Section 42476.
(b) “Authorized collector” means any of the following:
(1) A city, county, or district that collects covered electronic devices.
(2) A person or entity that is required or authorized by a city, county, or district to collect covered electronic devices pursuant to the terms of a contract, license, permit, or other written
authorization.
(3) A nonprofit organization that collects or accepts covered electronic devices.
(4) A manufacturer or agent of the manufacturer that collects, consolidates, and transports covered electronic devices for recycling from consumers, businesses, institutions, and other generators.
(5) An entity that collects, handles, consolidates, and transports covered electronic devices and has filed applicable notifications with DTSC pursuant to Chapter 23 (commencing with Section 66273.1) of Division 4.5 of Title 22 of the California Code of Regulations.
(c) “CalRecycle” means the Department of Resources Recycling and Recovery.”
Recovery.
(d) “CDTFA” means the California Department of Tax and Fee Administration.
(e) “Consumer” means a person who purchases a new or refurbished covered electronic device or solar photovoltaic module in a transaction that is a retail sale or in a transaction to which a use tax applies pursuant to Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code.
(f) “Consumer-owned solar photovoltaic module” means any of the following:
(1) A solar photovoltaic module that is owned by the consumer being directly served by that solar photovoltaic module either through an outright purchase, a traditional financed purchase, or purchased as part of the sale of a parcel or parcels, and is not otherwise covered by a stewardship plan described in Section 42499.65.
(2) A solar photovoltaic module that was previously covered by a stewardship plan described in Section 42499.65 and changed ownership and is now owned by the consumer being directly served by that solar photovoltaic module.
(3) Any other solar photovoltaic module that is considered nonconsumer-owned.
(f)
(g) (1) “Covered battery-embedded product” means a product containing a battery from which the battery is not designed to be easily removed from the product by the user of the product with no more than commonly used household tools.
(2) “Covered battery-embedded product” does not include any of the following:
(A) A medical device, as defined in Section 321(h) of Title 21 of the United States Code, if either of the following applies:
(i) It is a Class I device as defined in Section 360c of Title 21 of the United States
Code, and either of the following applies:
(I) It is a device described in Section 414.202 of Title 42 of the Code of Federal Regulations.
(II) Either of the following applies:
(ia) The device is predominantly used in a health care setting by a provider.
(ib) The device is predominantly prescribed by a health care provider.
(ii) It is a Class II or Class III device as defined in Section 360c of Title 21 of the United States Code.
(B) A covered electronic device, as defined in subparagraph (A) of paragraph (1) of
subdivision (g).
(h).
(C) An energy storage system, as defined in subdivision (a) of Section 2835 of the Public Utilities Code.
(D) An electronic nicotine delivery system, as defined in Section 375(7) of Title 15 of the United States Code.
(3) CalRecycle may consult with other state agencies to determine if a product meets the definition of a covered battery-embedded product.
(4) “Covered battery-embedded waste recycling fee” means the fee imposed for covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g), (h),
pursuant to Article 3 (commencing with Section 42464).
(g)
(h) (1) “Covered electronic device” means either any of the following:
(A) Except as provided in paragraph (2), a video display device containing a screen greater than four inches, measured diagonally, that is
identified in the regulations adopted by DTSC pursuant to subdivision (c) of Section 25214.10.1 of the Health and Safety Code.
(B) Any covered battery-embedded product, as defined in subdivision (f). (g).
(C) A consumer-owned solar photovoltaic module.
(2) “Covered electronic device,” as defined in subparagraph (A) of paragraph (1), does not include any of the following:
(A) A video display device that is a part of a motor vehicle, as defined in Section 415
of the Vehicle Code, or any component part of a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle.
(B) A video display device that is contained within, or a part of a piece of industrial, commercial, or medical equipment, including monitoring or control equipment.
(C) A video display device that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air-conditioner, dehumidifier, or air purifier.
(D) An electronic device, on and after the date that it ceases to be a covered electronic device pursuant to subdivision (f) of Section 25214.10.1 of the Health and Safety Code.
(h)
(i) (1) “Covered electronic waste” or “covered e-waste” means a covered electronic device that is discarded.
(2) A consumer-owned solar photovoltaic module is only covered electronic waste for purposes of subdivisions (c) and (d) of Section 42464, Section 42464.2, subdivision (a) of Section 42476, and subdivision (a) of Section 42479.
(i)
(j) “Covered electronic waste recycling fee” or “covered e-waste recycling fee” means the fee imposed for covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g), (h), pursuant to Article 3 (commencing with Section 42464).
(j)
(k) “Covered electronic waste recycler” or “covered e-waste recycler” means any of the following:
(1) A person who engages in the manual or mechanical separation of covered electronic devices to recover components and commodities contained therein for the purpose of reuse or recycling.
(2) A person who changes the physical or chemical composition of a covered electronic device, in accordance with the requirements of Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code and the regulations adopted pursuant to that chapter, by deconstructing, size reduction, crushing, cutting, sawing, compacting, shredding, or refining for purposes of segregating components, for purposes of recovering or recycling those components, and who arranges for the transport of those components to an end user.
(3) A manufacturer who meets any conditions established by this chapter and Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code for the collection or recycling of covered electronic waste.
(k)
(l) “Director” means the Director of Resources Recycling and Recovery.
(l)
(m) “Discarded” has the same meaning as set forth in subdivision (b) of Section 25124 of the Health and Safety Code.
(m)
(n) “DTSC” means the Department of Toxic Substances Control.
(n)
(o) “Electronic waste recovery payment” means an amount established and paid by CalRecycle pursuant to Section 42477.
(o)
(p) “Electronic waste recycling payment” means an amount established and paid by CalRecycle pursuant to Section 42478.
(p)
(q) “Hazardous material” has the same meaning as set forth in Section 25501 of the Health and Safety Code.
(r) “Nonconsumer-owned solar photovoltaic module” means a solar photovoltaic module in the state that is not included in paragraph (1) of subdivision (f).
(q)
(s) (1) (A) “Manufacturer” means a person who manufactures a covered electronic
device and who owns or is the exclusive licensee of the brand or trademark under which the covered electronic device is sold, offered for sale, or distributed in the state.
(B) If there is no person in the state who is the manufacturer for purposes of subparagraph (A), the manufacturer of the covered electronic device is the owner or licensee of a brand or trademark under which a covered electronic device is sold, offered for sale, or distributed in the state.
(C) If there is no person in the state who is the manufacturer for purposes of subparagraph (A) or (B), the manufacturer of the covered electronic device is the person who sells, offers for sale, or distributes the covered electronic device into the state for sale, offer for sale, or distribution in the state.
(2) For purposes of this chapter, the sale of a
covered electronic device shall be deemed to occur in the state if the covered electronic device is delivered to the purchaser in the state.
(r)
(t) “Person” means an individual, trust firm, joint stock company, business concern, and corporation, including, but not limited to, a government corporation, partnership, limited liability company, and association. Notwithstanding Section 40170, “person” also includes a city, county, city and county, district, commission, the state or a department, agency, or political subdivision thereof, an interstate body, and the United
States and its agencies and instrumentalities to the extent permitted by law.
(s)
(u) “Recycling” has the same meaning as set forth in subdivision (a) of Section 25121.1 of the Health and Safety Code.
(t)
(v) (1) “Refurbished,” when used to describe a covered electronic device, other than one defined in subparagraph (C) of paragraph (1) of subdivision (h), means a device that the manufacturer has tested and returned to a condition that meets factory specifications for the device, has repackaged, and has labeled as refurbished.
(2) “Refurbished,” when used to describe a covered electronic device, as defined in subparagraph (C) of paragraph (1) of subdivision (h), means a device that the manufacturer or a third
party has tested and returned to a condition that meets factory specifications for the device and has been labeled as refurbished.
(u)
(w) “Retailer” means a person who makes a retail sale of a new or refurbished covered electronic device. “Retailer” includes a manufacturer of a covered electronic device who sells that covered electronic device directly to a consumer through any means, including, but not limited to, a transaction conducted through a sales outlet, catalog, or the Internet, or any other similar electronic means.
(v)
(x) (1) “Retail sale” has the same meaning as set forth in Section 6007 of the Revenue and Taxation Code.
(2) “Retail sale” does not include the sale of a covered electronic device that is temporarily stored or used in the state for the sole purpose of preparing the covered electronic device for use thereafter solely outside the state, and that is subsequently transported outside the state and thereafter used solely outside the state.
(y) “Solar photovoltaic module“ means the smallest nondivisible,
environmentally protected assembly of photovoltaic cells or other photovoltaic collector technology and ancillary parts intended to generate electrical power under sunlight, except that the photovoltaic module does not include a photovoltaic cell that is part of a consumer electronic device for which it provides electricity needed to make the consumer electronic device function. “Solar photovoltaic module” includes, but is not limited to, interconnections, terminals, and protective devices such as diodes that are any of the following:
(1) Installed on, connected to, or integral with buildings.
(2) Used as components of freestanding, off-grid, power generation systems, such as for powering water pumping stations, electric vehicle charging stations, fencing, street and
signage lights, and other commercial or agricultural purposes.
(3) Part of a system connected to the grid or utility service.
(4) Capable of generating 20 watts or more of electrical power.
(z) “Solar photovoltaic module waste” means a covered solar photovoltaic module, as defined in Section 66273.7.1 of Title 22 of the California Code of Regulations, that is discarded, as defined in Section 66261.2 of Title 22 of the California Code of Regulations.
(w)
(aa) “Vendor” means a person that makes a sale of a covered electronic device for the purpose of resale to a retailer who is the lessor of the covered electronic device to a consumer under a lease that is a continuing sale and purchase pursuant to Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code.
(x)
(ab) “Video display device” means an electronic device with an output surface that displays, or is capable of displaying, moving graphical images or a visual representation of image sequences or pictures, showing a number of quickly changing images on a screen in fast succession to create the illusion of motion, including, if
applicable, a device that is an integral part of the display, in that it cannot be easily removed from the display by the consumer, that produces the moving image on the screen. A video display device may use, but is not limited to, a cathode ray tube (CRT), liquid crystal display (LCD), gas plasma, digital light processing, or other image projection technology.
SEC. 7.
Section 42464 of the Public Resources Code is amended to read:42464.
(a) On and after January 1, 2005, or as otherwise provided by Section 25214.10.1 of the Health and Safety Code, a consumer shall pay a covered electronic waste recycling fee upon the purchase of a new or refurbished covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision(1) Six dollars ($6) for each covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision (g)
(h)
of Section 42463, with a screen size of less than 15 inches measured diagonally.
(2) Eight dollars ($8) for each covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision (g) (h) of Section 42463, with a screen size greater than or equal to 15 inches but less than 35 inches measured diagonally.
(3) Ten dollars ($10) for each covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision (g) (h) of Section 42463, with a screen
size greater than or equal to 35 inches measured diagonally.
(b) (1) On and after January 1, 2026, a consumer shall pay a covered battery-embedded waste recycling fee in an amount determined by CalRecycle pursuant to paragraph (3) upon the purchase of a new or refurbished covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) (h) of Section 42463.
(2) Beginning on August 1, 2028, CalRecycle, in collaboration with DTSC, may establish more than one covered electronic waste recycling fee for covered battery-embedded waste recycling fee for covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g)
(h)
of Section 42463, based on categories of covered battery-embedded products, as determined by CalRecycle in collaboration with DTSC.
(3) On or before October 1, 2025, and on or before October 1 each year thereafter, CalRecycle shall establish a covered electronic waste recycling fee based on the reasonable regulatory costs to administer covered electronic waste recycling. The fee shall be imposed upon the purchase of a new or refurbished covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g) (h) of Section 42463. The fee shall go into effect on January 1 of each calendar year after the fee is adopted. The maximum fee shall be adjusted annually based on the California Consumer Price Index as compiled
and reported by the Department of Industrial Relations.
(c) Except as provided in subdivision (e), a retailer shall collect from the consumer a covered electronic waste recycling fee fee, consumer-owned solar photovoltaic module recycling fee, or covered battery-embedded waste recycling fee, as applicable, at the time of the retail sale of a covered electronic device. device, or during a sales transaction to install a system containing consumer-owned solar photovoltaic modules.
(d) (1) A retailer may retain 3 percent of the covered electronic waste recycling fee
fee, consumer-owned solar photovoltaic module recycling fee, or covered battery-embedded waste recycling fee, as applicable, as reimbursement for all costs associated with collecting the fee and shall transmit the remainder of the fee to the state pursuant to Section 42464.4.
(2) If a retailer makes an election pursuant to paragraph (2) of subdivision (e), and the conditions of subparagraphs (A), (B), and (C) of paragraph (2) of subdivision (e) are met, the vendor, in lieu of the retailer, may retain 3 percent of the covered electronic waste recycling fee fee, consumer-owned solar photovoltaic module recycling fee, or covered battery-embedded waste recycling fee, as applicable, as reimbursement for all costs
associated with collecting the fee and the vendor shall transmit the remainder of the fee to the state pursuant to Section 42464.4.
(e) (1) If a retailer elects to pay the covered electronic waste recycling fee fee, consumer-owned solar photovoltaic module recycling fee, or covered battery-embedded waste recycling fee, as applicable, on behalf of the consumer, the retailer shall provide an express statement to that effect on the receipt given to the consumer at the time of sale. If a retailer elects to pay the covered electronic waste recycling fee on behalf of the consumer, the fee is a debt owed by the retailer to the state,
and the consumer is not liable for the fee.
(2) A retailer may elect to pay the covered electronic waste recycling fee fee, consumer-owned solar photovoltaic module recycling fee, or covered battery-embedded waste recycling fee, as applicable, on behalf of the consumer by paying the covered electronic waste recycling fee fee, consumer-owned solar photovoltaic module recycling fee,
or covered battery-embedded waste recycling fee, as applicable, to the retailer’s vendor, but only if all of the following conditions are met:
(A) The vendor is registered with CDTFA to collect and remit the covered electronic waste recycling fee
fee,
consumer-owned solar photovoltaic module recycling fee, or covered battery-embedded waste recycling fee, as applicable, pursuant to this chapter.
(B) The vendor holds a valid seller’s permit pursuant to Article 2 (commencing with Section 6066) of Chapter 2 of Part 1 of Division 2 of the Revenue and Taxation Code.
(C) The retailer pays the covered electronic waste recycling fee fee, consumer-owned solar photovoltaic module recycling fee, or covered battery-embedded waste recycling fee, as applicable, to the vendor that is separately stated on
the vendor’s invoice to the retailer.
(D) The retailer provides an express statement on the invoice, contract, or other record documenting the sale that is given to the consumer, that the covered electronic waste recycling fee fee, consumer-owned solar photovoltaic module recycling fee, or covered battery-embedded waste recycling fee, as applicable, has been paid on behalf of the consumer.
(3) For the purpose of making the election in paragraph (2), if the conditions set forth in subparagraphs (A), (B), (C), and (D) of paragraph (2), are met, the covered electronic waste recycling fee
fee, consumer-owned solar photovoltaic module recycling fee, or covered battery-embedded waste recycling fee, as applicable, is a debt owed by the vendor to the state, and the retailer is not liable for the fee.
(f) The retailer shall separately state the covered electronic waste recycling fee fee, consumer-owned solar photovoltaic module recycling fee, or covered battery-embedded waste recycling fee, as applicable, on the receipt given to the consumer at the time of sale.
(g) On or before August 1, 2005, and, thereafter, no more frequently than annually, and no less frequently than biennially, CalRecycle, in collaboration with DTSC, shall review, at a public hearing, the covered electronic waste recycling fee outlined in subdivision (a) and shall make any adjustments to the fee to ensure that there are sufficient revenues in the Covered Electronic Waste Recycling Fee Subaccount to fund the covered electronic waste recycling program, as related to covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) (h) of Section 42463 and the resulting covered e-waste, established pursuant to this chapter. Adjustments to the fee that are made on or before August 1, shall apply to the calendar year
beginning the following January 1. CalRecycle shall base an adjustment of the covered electronic waste recycling fees on both of the following factors:
(1) The sufficiency, and any surplus, of revenues in the Covered Electronic Waste Recycling Fee Subaccount to fund the collection, consolidation, and recycling of covered electronic waste resulting from covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) (h) of Section 42463, and the resulting covered e-waste, that is projected to be recycled in the state.
(2) The sufficiency of revenues in the Covered Electronic Waste Recycling Fee Subaccount for CalRecycle and DTSC to administer, enforce, and
promote the program established pursuant to this chapter, as related to covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) (h) of Section 42463 and the resulting covered e-waste, plus a prudent reserve not to exceed 5 percent of the amount in the Covered Electronic Waste Recycling Fee Subaccount.
(h) Following the setting of the covered battery-embedded waste recycling fee pursuant to paragraph (3) of subdivision (b), on or before August 1, 2027, and, thereafter, no more frequently than annually, and no less frequently than biennially, CalRecycle, in collaboration with DTSC, shall review, at a public hearing, the covered battery-embedded waste recycling fee outlined in subdivision (b) and shall make any fair and
reasonable adjustments to the fee to ensure that there are sufficient revenues in the Covered Battery-Embedded Waste Recycling Fee Subaccount to fund the covered electronic waste recycling program established pursuant to this chapter related to covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) (h) of Section 42463, and the resulting covered e-waste. Adjustments to the fee that are made on or before August 1, shall apply to the calendar year beginning the following January 1. CalRecycle shall base an adjustment of the covered battery-embedded waste recycling fees on both of the following factors:
(1) The sufficiency, and any surplus, of revenues in the Covered Battery-Embedded Waste Recycling Fee Subaccount to
fund the collection, consolidation, and recycling of covered electronic waste resulting from discarded covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) (h) of Section 42463, that is projected to be recycled in the state.
(2) The sufficiency of revenues in the Covered Battery-Embedded Waste Recycling Fee Subaccount for CalRecycle and DTSC to administer, enforce, and promote the program established pursuant to this chapter, related to covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) (h)
of Section 42463, and the resulting covered e-waste, plus a prudent reserve not to exceed 5 percent of the amount in the Covered Battery-Embedded Waste Recycling Fee Subaccount.
(i) (1) On and after January 1, 2030, a consumer or a service provider serving the consumer, including a developer or installer of a consumer-owned solar photovoltaic system, shall pay a consumer-owned solar photovoltaic module recycling fee in an amount determined by CalRecycle pursuant to paragraph (2) upon the purchase of a new covered electronic device, as defined in subparagraph (C) of paragraph (1) of subdivision (h) of Section 42463.
(2) On or before October 1, 2029, and
on or before October 1 of each year thereafter, CalRecycle shall establish a consumer-owned solar photovoltaic module recycling fee based on the reasonable regulatory costs to administer covered electronic waste recycling. The fee shall not exceed ten dollars ($10) per module in the first year of the program implementation. The fee shall apply to the purchase of a new or refurbished covered electronic device, as defined in subparagraph (C) of paragraph (1) of subdivision (h) of Section 42463. The fee shall go into effect on January 1 of the year after the fee is adopted.
(3) Retailers shall separately state the consumer-owned solar photovoltaic module recycling fee on the receipt, invoice, sales contract, or other document provided to the consumer at the time of sale to ensure transparency for consumers and allow CDTFA to verify retailer compliance.
(j) On or before October 1,
2030, and, thereafter, no more frequently than annually, and no less frequently than biennially, CalRecycle, in collaboration with DTSC, shall review, at a public hearing, the consumer-owned solar photovoltaic module recycling fee outlined in subdivision (i) and shall make any adjustments to the fee to ensure that there are sufficient revenues in the Consumer-Owned Solar Photovoltaic Module Recycling Fee Subaccount to fund the consumer-owned solar photovoltaic recycling program. Adjustments to the fee that are made on or before October 1, shall apply to the calendar year beginning the following January 1. CalRecycle shall base an adjustment of the consumer-owned solar photovoltaic module recycling fee on both of the following factors:
(1) The sufficiency, and any surplus, of revenues in the Consumer-Owned Solar Photovoltaic Module
Recycling Fee Subaccount to fund the collection, consolidation, and recycling of covered electronic waste resulting from solar photovoltaic modules and the resulting solar photovoltaic module e-waste, that is projected to be recycled in the state.
(2) The sufficiency of revenues in the Consumer-Owned Solar Photovoltaic Module Recycling Fee Subaccount for CalRecycle and DTSC to administer, enforce, and promote the program established pursuant to this chapter, as related to solar photovoltaic modules, and the resulting covered e-waste, plus a prudent reserve not to exceed 5 percent of the amount in the Consumer-Owned Solar Photovoltaic Module Recycling Fee Subaccount.
SEC. 8.
Section 42464.2 of the Public Resources Code is amended to read:42464.2.
CDTFA shall collect the covered electronic waste recyclingSEC. 9.
Section 42464.3 of the Public Resources Code is amended to read: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 recyclingSEC. 10.
Section 42464.4 of the Public Resources Code is amended to read:42464.4.
(a) The covered electronic waste recycling(b) CDTFA may require the payment of the fee and the filing of returns for other than quarterly
periods.
SEC. 11.
Section 42464.6 of the Public Resources Code is amended to read: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(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)
(h) 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) or (C) of paragraph (1) of subdivision (g) (h) of Section 42463.
SEC. 12.
Section 42464.8 of the Public Resources Code is amended to read: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 recyclingSEC. 13.
Section 42465.1 of the Public Resources Code is amended to read: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 subdivisionSEC. 14.
Section 42465.2 of the Public Resources Code is amended to read:42465.2.
(a) On or before July 1, 2005, or as specified otherwise in Section 25214.10.1 of the Health and Safety Code, and at least once annually thereafter as determined by CalRecycle, each manufacturer of a covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision(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 (A) of paragraph (1) of subdivision (g)
(h) of Section 42463, sold by the manufacturer in the state during the previous year.
(B) A baseline or set of baselines that show the total estimated amounts of mercury, cadmium, lead, hexavalent chromium, and polybrominated biphenyls (PBBs) used in covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) (h) of Section 42463, manufactured by the manufacturer in that year and the reduction in the use of those hazardous materials from the previous year.
(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
(A) of paragraph (1) of subdivision (g)
(h) 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 baseline or a set of baselines that describe any efforts to design covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) (h) of Section 42463, for recycling and goals and plans for further increasing design for recycling.
(E) 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 42465.3 and subdivision (d) of Section 25214.10.1 of the Health and
Safety Code.
(2) Make information available to consumers that describes where and how to return, recycle, and dispose of the covered electronic waste resulting from discarded electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) (h) 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 (A) of paragraph (1) of subdivision (g)
(h) of Section 42463.
(b) (1) For purposes of complying with paragraph (1) of subdivision (a), a manufacturer may submit a report to CalRecycle that includes only those covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) (h) of Section 42463, that include applications of the compounds listed in subparagraph (B) of paragraph (1) of subdivision (a) that are exempt from the Directive 2002/95/EC adopted by the European Parliament and the Council of the European Union on January 27, 2003, and any amendments made to that directive, if both of the following conditions are met, as modified by Section 24214.10 of the Health and Safety Code:
(A) The manufacturer submits written verification to DTSC that demonstrates, to DTSC’s satisfaction, that the manufacturer is in compliance with Directive 2002/95/EC, and any amendments to that directive, for those covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) (h) of Section 42463, for which it is not submitting a report to CalRecycle pursuant to this subdivision.
(B) DTSC certifies that the manufacturer is in compliance with Directive 2002/95/EC, and any amendments to that directive, for those covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g)
(h) of Section 42463, for which the manufacturer is not submitting a report to CalRecycle pursuant to this subdivision.
(2) When reporting pursuant to this subdivision, a manufacturer is required only to report on specific applications of compounds used in covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) (h) of Section 42463, that are exempt from Directive 2002/95/EC.
(c) 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.
SEC. 15.
Section 42465.3 of the Public Resources Code is amended to read:42465.3.
A manufacturer of a covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivisionSEC. 16.
Section 42466.1 of the Public Resources Code is amended to read: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(b) A new or refurbished covered electronic device, as defined in subparagraph (B) of paragraph (1) of subdivision (g)
(h)
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.
SEC. 17.
Section 42466.2 of the Public Resources Code is amended to read:42466.2.
(a) A manufacturer of a “covered electronic device,” as defined in subparagraph (B) of paragraph (1) of subdivision(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) (h) 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) (h) of Section 42463.
SEC. 18.
Section 42467 of the Public Resources Code is amended to read: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(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)
(h) 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) (h) 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)
(h) 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) (h) 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) (h) 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.
SEC. 19.
Section 42476 of the Public Resources Code is amended to read:42476.
(a) The Electronic Waste Recovery and Recycling Account is hereby established in the Integrated Waste Management Fund. The Covered Electronic Waste Recycling Fee(1) Notwithstanding Section 13340 of the Government Code, the funds in the Covered Electronic Waste Recycling Fee Subaccount are hereby continuously appropriated, without regard to fiscal year, for the following purposes:
(A) To pay refunds of the covered electronic waste recycling fee imposed under Section 42464.
(B) To make electronic waste recovery payments to an authorized collector of covered electronic waste, resulting from discarded covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g)
(h) of Section 42463, pursuant to Section 42479.
(C) To make electronic waste recycling payments to covered electronic waste recyclers, for recycling covered electronic waste resulting from discarded covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) (h) of Section 42463, pursuant to Section 42479.
(D) To make payments to manufacturers for covered electronic waste, resulting from discarded covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g)
(h) of Section 42463, pursuant to subdivision (h).
(2) Notwithstanding Section 13340 of the Government Code, the funds in the Covered Battery-Embedded Waste Recycling Fee Subaccount are hereby continuously appropriated, without regard to fiscal year, for the following purposes:
(A) To pay refunds of the covered battery-embedded waste recycling fee imposed under Section 42464.
(B) To make electronic waste recovery payments to an authorized collector of covered electronic waste resulting from discarded covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) (h)
of Section 42463, pursuant to Section 42479.
(C) To make electronic waste recycling payments to covered electronic waste recyclers for recycling covered electronic waste resulting from discarded covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) (h) of Section 42463, pursuant to Section 42479.
(D) To make payments to manufacturers for covered electronic waste resulting from discarded covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g)
(h)
of Section 42463, pursuant to subdivision (h).
(3) Notwithstanding Section 13340 of the Government Code, the funds in the Consumer-Owned Solar Photovoltaic Module Recycling Fee Subaccount are hereby continuously appropriated, without regard to fiscal year, for the following purposes:
(A) To pay refunds of the consumer-owned solar photovoltaic module recycling fee imposed under Section 42464.
(B) To make electronic waste recovery payments to an authorized collector of covered electronic waste, resulting from discarded covered electronic devices, as defined in subparagraph (C) of paragraph (1) of subdivision (h)
of Section 42463, pursuant to Section 42479.
(C) To make electronic waste recycling payments to covered electronic waste recyclers for recycling covered electronic waste resulting from discarded covered electronic devices, as defined in subparagraph (C) of paragraph (1) of subdivision (h) of Section 42463, pursuant to Section 42479.
(D) To make payments to manufacturers for covered electronic waste resulting from discarded covered electronic devices, as defined in subparagraph (C) of paragraph (1) of subdivision (h) of Section 42463, pursuant to subdivision (h).
(b) (1) The money in the Covered Electronic Waste Recycling Fee Subaccount may be expended for the following purposes only upon appropriation by the Legislature in the annual Budget Act:
(A) For the administration of this chapter by CalRecycle and DTSC, as related to covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) (h) of Section 42463, and covered electronic waste resulting from discarded covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) (h) of Section 42463.
(B) To reimburse CDTFA for its administrative costs of registering, collecting, making refunds, and auditing retailers and consumers in
connection with the covered electronic waste recycling fee imposed under Section 42464.
(C) To provide funding to DTSC to implement and enforce Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code, as related to covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) (h)
of Section 42463, as and as related to covered electronic waste, resulting from discarded covered electronic devices, defined in subparagraph (A) of paragraph (1) of subdivision (g) (h) of Section 42463, including any regulations adopted by DTSC pursuant to that chapter, as that chapter relates to covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) (h) of Section 42463, and as related to covered electronic waste, resulting from discarded covered electronic devices, defined in subparagraph (A) of paragraph (1) of subdivision (g)
(h) of Section 42463.
(D) To establish the public information program specified in subdivision (d), as it relates to covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) (h) of Section 42463, and as related to covered electronic waste, resulting from discarded covered electronic devices, defined in subparagraph (A) of paragraph (1) of subdivision (g) (h) of Section 42463.
(E) For expenditure pursuant to paragraph (2) of
subdivision (a) of, and paragraph (2) of subdivision (b) of, Section 17001.
(2) The money in the Covered Battery-Embedded Waste Recycling Fee Subaccount may be expended solely for the following purposes only upon appropriation by the Legislature in the annual Budget Act:
(A) For the administration of this chapter by CalRecycle and DTSC, as related to covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) (h) of Section 42463 and covered electronic waste resulting from discarded covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g)
(h) of Section 42463.
(B) To reimburse CDTFA for its administrative costs of registering, collecting, making refunds, and auditing retailers and consumers in connection with the covered battery-embedded waste recycling fee imposed under Section 42464.
(C) To provide funding to DTSC to implement and enforce Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code, as it relates to covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) (h) of Section 42463, and as it relates to covered electronic waste resulting from discarded covered electronic devices, defined in subparagraph (B)
of paragraph (1) of subdivision (g)
(h) of Section 42463, including any regulations adopted by DTSC pursuant to that chapter, as that chapter relates to covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) (h) of Section 42463 and covered electronic waste resulting from discarded covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) (h) of Section 42463.
(D) To establish the public information program specified in subdivision (d), as it relates to covered electronic devices, as
defined in subparagraph (B) of paragraph (1) of subdivision (g) (h) of Section 42463, and as it relates to covered electronic waste resulting from covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) (h) of Section 42463.
(3) The money in the Consumer-Owned Solar Photovoltaic Module Recycling Fee Subaccount may be expended solely for the following purposes only upon appropriation by the Legislature in the annual Budget Act:
(A) For the administration of this chapter by CalRecycle and DTSC, as related to covered electronic devices, as defined in subparagraph (C) of paragraph (1) of subdivision (h) of Section 42463 and covered electronic waste resulting from discarded covered electronic devices, as defined in subparagraph (C) of paragraph (1) of subdivision (h) of Section 42463.
(B) To reimburse CDTFA for its actual and reasonable administrative costs of registering, collecting, making refunds, and auditing retailers and consumers in connection with the consumer-owned solar photovoltaic module recycling fee imposed under Section 42464.
(C) To provide funding to DTSC to implement and enforce Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code, as it relates to covered electronic devices, as defined in
subparagraph (C) of paragraph (1) of subdivision (h) of Section 42463, and as it relates to covered electronic waste resulting from discarded covered electronic devices, defined in subparagraph (C) of paragraph (1) of subdivision (h) of Section 42463, including any regulations adopted by DTSC pursuant to that chapter, as that chapter relates to covered electronic devices, as defined in subparagraph (C) of paragraph (1) of subdivision (h) of Section 42463 and covered electronic waste resulting from discarded covered electronic devices, as defined in subparagraph (C) of paragraph (1) of subdivision (h) of Section 42463.
(D) To establish the public information program specified in subdivision (d), as it relates to covered electronic devices, as defined in subparagraph (C) of paragraph (1) of subdivision (h) of Section 42463, and as it relates to covered electronic waste resulting from covered electronic devices, as defined in subparagraph (C) of
paragraph (1) of subdivision (h) of Section 42463.
(3)
(4) Any fines or penalties collected pursuant to this chapter shall be deposited in the Electronic Waste Penalty Subaccount, which is hereby established in the account. The funds in the Electronic Waste Penalty Subaccount may be expended by CalRecycle or DTSC only upon appropriation by the Legislature.
(c) Notwithstanding Section 16475 of the Government Code, any interest earned upon funds in the Electronic Waste Recovery and
Recycling Account shall be deposited in that account for expenditure pursuant to this chapter.
(d) Not more than 2 percent of the funds annually deposited in the Covered Electronic Waste Recovery Recycling Fee Subaccount and
Subaccount, not more than 2 percent of the funds annually deposited in the Covered Battery-Embedded Waste Recycling Fee Subaccount Subaccount, and not more than 2 percent of the funds annually deposited in the Consumer-Owned Solar Photovoltaic Module Recycling Fee Subaccount shall be expended for purposes of establishing the public information program to educate the public in the hazards of improper covered electronic device storage and disposal and on the opportunities to recycle covered electronic devices.
(e) CalRecycle shall adopt regulations specifying cancellation methods for the recovery, processing, or recycling of covered electronic waste.
(f) CalRecycle may pay an electronic waste recycling payment or electronic waste recovery payment only for covered electronic waste that meets all of the following conditions:
(1) (A) The covered electronic waste is demonstrated to have been generated by a person who used the covered electronic device while located in this state.
(B) Covered electronic waste generated outside of the state and subsequently brought into the state is not eligible for payment.
(C) CalRecycle shall establish documentation requirements for purposes of this paragraph that are necessary to demonstrate that the covered electronic waste was generated in the state and eligible for payment.
(2) The covered electronic waste, including any residuals
from the processing of the waste, is handled in compliance with all applicable statutes and regulations.
(3) The manufacturer or the authorized collector or recycler of the electronic waste provides a cost-free and convenient opportunity to recycle electronic waste, in accordance with the legislative intent specified in subdivision (b) of Section 42461.
(4) If the covered electronic waste is processed, the covered electronic waste is processed in this state according to the cancellation method authorized by CalRecycle.
(g) The Legislature hereby declares that the state is a market participant in the business of the recycling of covered electronic waste for all of the following reasons:
(1) The covered electronic waste recycling fee
fee, the consumer-owned solar photovoltaic module recycling fee, or the covered battery-embedded waste recycling fee, as applicable, are collected from the state’s consumers for covered electronic devices sold for use in the state.
(2) The purpose of the covered electronic waste recycling fee fee, the consumer-owned solar photovoltaic module recycling fee, and the covered battery-embedded waste recycling fee and subsequent payments is to prevent damage to the public health and the environment from waste generated in the state.
(3) The recycling system funded by the covered electronic waste recycling fee
fee, the consumer-owned solar photovoltaic module recycling fee, and the covered battery-embedded waste recycling fee ensures that economically viable and sustainable markets are developed and supported for recovered materials and components in order to conserve resources and maximize business and employment opportunities within the state.
(h) (1) CalRecycle may make a payment to a manufacturer that takes back a covered electronic device from a consumer in this state for purposes of recycling the device at a processing facility. The amount of the payment made by CalRecycle shall equal the value of the covered electronic waste recycling fee fee, the consumer-owned solar photovoltaic module recycling fee,
or the covered battery-embedded waste recycling fee, as applicable, paid for that device. To qualify for a payment pursuant to this subdivision, the manufacturer shall demonstrate both of the following to CalRecycle:
(A) The covered electronic device for which payment is claimed was used in this state.
(B) The covered electronic waste for which a payment is claimed, including any residuals from the processing of the waste, has been, and will be, handled in compliance with all applicable statutes and regulations.
(2) A covered electronic device for which a payment is made under this subdivision is not eligible for an electronic waste recovery payment or an electronic waste recycling payment under Section 42479.
SEC. 20.
Section 42478 of the Public Resources Code is amended to read:42478.
(a) (1) Except as provided in paragraph (2), 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 a covered electronic waste recycling payment schedule for covered electronic wastes generated in this state from discarded covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision(2) Until CalRecycle adopts a new payment schedule that covers the average net cost for an electronic waste recycler to receive, process, and recycle each major category, as determined by CalRecycle of covered electronic waste, resulting from discarded covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g)
(h) of Section 42463, received from an authorized collector, the amount of the covered electronic waste recycling payment shall be equal to twenty-eight cents ($0.28) per pound of the total weight of covered electronic waste, resulting from discarded covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) (h) of Section 42463, received from an authorized collector and subsequently processed for recycling.
(b) (1) CalRecycle shall adopt regulations, effective January 1, 2025, to establish a process for covered electronic waste recyclers to submit payment claims for covered electronic waste resulting from discarded covered electronic devices, as defined in
subparagraph (B) of paragraph (1) of subdivision (g)
(h) of Section 42463.
(2) On April 1, 2026, CalRecycle shall begin accepting payment claims for covered electronic waste, resulting from discarded covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) (h) of Section 42463, collected on or after January 1, 2026.
(c) (1) Except as provided in paragraph (2), on July 1, 2028, and on July 1 every year thereafter, CalRecycle, in collaboration with DTSC, shall establish a covered electronic waste recycling payment schedule for covered electronic waste generated in this state, resulting from discarded covered electronic devices, as defined in
subparagraph (B) of paragraph (1) of subdivision (g)
(h) of Section 42463, to cover the average net cost for an electronic waste recycler to receive, process, and recycle each major category, as determined by CalRecycle, of covered electronic waste, resulting from discarded covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) (h) of Section 42463, received from an authorized collector. CalRecycle shall make the electronic waste recycling payments to a covered electronic waste recycler pursuant to this article.
(2) Until CalRecycle adopts a new payment schedule that covers the average net cost for an electronic waste recycler to receive, process, and recycle each major category, as determined by CalRecycle, of covered
electronic waste, resulting from discarded covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) (h) of Section 42463, received from an authorized collector, the amount of the covered electronic waste recycling payment shall be equal to $0.75 per pound of the total weight of covered electronic waste, resulting from discarded covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) (h) of Section 42463, received from an authorized collector and subsequently processed for recycling.
(d) (1) Except as provided in paragraph (2), on July 1, 2029, and on July 1 of each year thereafter, CalRecycle, in collaboration with DTSC, shall establish a consumer-owned solar photovoltaic module recycling payment schedule for covered electronic wastes generated in this state, resulting from discarded consumer-owned solar photovoltaic modules to cover the average net cost for an electronic waste recycler to receive, process, and recycle each consumer-owned solar photovoltaic module, as determined by CalRecycle, resulting from discarded consumer-owned solar photovoltaic modules received from an authorized collector. CalRecycle shall make the consumer-owned solar photovoltaic module recycling payments to a covered electronic waste recycler pursuant to this article.
(2) Until CalRecycle adopts a new payment schedule that covers the average net cost for a recycler to receive, process, and recycle covered electronic waste, as determined by CalRecycle, resulting from discarded consumer-owned solar photovoltaic modules received from an authorized collector, the amount of the covered electronic waste recycling payment shall be equal to eighty-five cents ($0.85) per pound of the total weight of covered electronic waste, resulting from discarded consumer-owned solar photovoltaic modules received from an authorized collector and subsequently processed for recycling.
(e) On April 1, 2030, CalRecycle shall begin accepting payment claims for covered electronic waste, resulting from discarded consumer-owned solar photovoltaic modules collected on or after January 1, 2030. All payment claims
documentation submitted to CalRecycle by an authorized collector or recycler shall be submitted electronically, unless otherwise requested, in the form and manner determined by CalRecycle.
SEC. 21.
Section 42479 of the Public Resources Code is amended to read:42479.
(a) (1) For covered electronic waste, resulting from discarded covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision(A) The results of a payment claim review or subsequent payment claim audit.
(B) Written information compiled by CalRecycle during a claim review or subsequent claim audit.
(2) To the extent authorized by Section 42477, a covered e-waste recycler shall make the electronic waste recovery payments to an authorized collector upon receipt of a completed and verified invoice submitted to the recycler by the authorized collector in the form and manner determined by CalRecycle.
(b) A covered e-waste recycler is eligible for a payment pursuant to this section only if the covered e-waste recycler meets all of the following requirements:
(1) The covered e-waste recycler is in compliance with applicable requirements of Article 7 (commencing with Section 66273.70) of Chapter 23 of Division 4.5 of Title 22 of the California Code of Regulations. Regulations, or the relevant regulations that apply to the recycling facility based on the location of that facility.
(2) The covered e-waste recycler demonstrates to CalRecycle that a facility utilized by the covered e-waste recycler for the handling, processing, refurbishment, or recycling of covered electronic devices meets all of the following standards:
(A) The facility has been inspected by DTSC DTSC, or another relevant agency required by law, within the past 12 months and had been found to be operating in conformance with all applicable laws, regulations, and ordinances.
(B) The facility is accessible during normal business hours for unannounced inspections by state or local agencies.
(C) The facility has health and safety, employee training, and environmental compliance plans and certifies compliance with the plans.
(D) The facility meets or exceeds the standards specified in Chapter 1 (commencing with Section
1171) of Part 4 of Division 2 of, Division 4 (commencing with Section 3200) of, and Division 5 (commencing with Section 6300) of, the Labor Code or, if all or part of the work is to be performed in another state, the equivalent requirements of that state.
(c) CalRecycle may conduct a selective audit of authorized collectors, covered e-waste recyclers, or manufacturers receiving payments from CalRecycle to determine whether electronic waste recovery payments, electronic waste recycling payments, or payments to manufacturers are being paid by CalRecycle according to the requirements of this chapter and the regulations adopted pursuant to this chapter. CalRecycle collect and recover from authorized collectors, covered e-waste recyclers, or manufacturers, with interest, any moneys improperly paid.
SEC. 22.
Chapter 8.8 (commencing with Section 42499.6) is added to Part 3 of Division 30 of the Public Resources Code, to read:CHAPTER 8.8. Solar Photovoltaic Module Recycling
Article 1. Nonconsumer-Owned Solar Photovoltaic Module Stewardship
42499.6.
It is the intent of the Legislature that, for a solar photovoltaic module covered by stewardship plan pursuant to this chapter, it will be the responsibility of the steward of the solar photovoltaic panel to ensure that 100 percent of the solar photovoltaic module go to reuse, refurbishment, or recycling, unless otherwise damaged beyond recyclability, resulting in the whole module being considered hazardous waste at the end of its useful life.Article 2. Definitions and General Provisions
42499.61.
For purposes of this chapter, the following terms apply, unless the context clearly requires otherwise:(a) “CalRecycle” means the Department of Resources Recycling and Recovery.
(b) “Consumer” has the same meaning in paragraph (e) of Section 42463.
(c) “Covered product” means a solar photovoltaic module in the state that is not included in paragraph (1) of subdivision (f) of Section 42463.
(d) “Distributor” means a company that has a contractual relationship with one or more producers to market and sell covered products to a retailer.
(e) “Importer” means either of the following:
(1) A person qualifying as an importer of record for purposes of Section 1484(a)(2)(B) of Title 19 of the United States Code with regard to the import of a covered product that is sold, distributed for sale, or offered for sale in or into the state that was manufactured or assembled by a company outside of the United States.
(2) A person importing into the state for sale, distributing for sale, or offering for sale in the state a covered product that was manufactured or assembled by a company physically located outside of the state.
(f) “Recycle” or “recycling” has the same meaning as set forth in subdivision (aa) of Section 42041.
(g) “Recycler”
means a person who collects, sorts, cleanses, treats, and reconstitutes materials that would otherwise ultimately be disposed of onto land or into water or the atmosphere, and returning them to, or maintaining them within, the economic mainstream in the form of recovered material for new, reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace.
(h) “Retailer” means a person who sells or offers for sale a covered product in or into the state to a person through any means, including, but not limited to, sales outlets, catalogs, the telephone, the internet, or any electronic means.
(i) (1) “Steward” means a person responsible for the decommissioning of a covered product in the state.
(2) If there is no person in the state who is the steward for
purposes of paragraph (1), the steward is the owner of the nonconsumer-owned solar photovoltaic module.
(3) If there is no person in the state who is the steward for purposes of paragraph (1) or (2), then the steward is the person responsible for the management of the nonconsumer-owned solar photovoltaic module.
(4) If there is no person in the state who is the steward for purposes of paragraph (1), (2), or (3), then the steward is the person that imports the nonconsumer-owned solar photovoltaic module into the state for sale or distribution.
(5) If there is no person in the state who is the steward for purposes of paragraph (1), (2), (3), or (4), the steward is the distributor, retailer, or wholesaler who sells the nonconsumer-owned solar photovoltaic module in or into the state.
(j) “Stewardship organization” means an organization that is exempt from taxation under Section 501(c)(3) of the United States Internal Revenue Code of 1986 and is formed for the sole purpose of implementing a stewardship plan to meet the requirements of this chapter. A stewardship organization may represent one or more stewards.
(k) “Stewardship plan” means the plan developed by a steward or stewardship organization pursuant to Section 42499.65 for the proper management, reuse, refurbishment, and recycling of a covered product under the control of a specific steward.
(l) “Stewardship program” means a program established by a steward or stewardship organization for the implementation of an approved stewardship plan.
42499.62.
(a) CalRecycle shall adopt regulations to implement this chapter with an effective date of no earlier than January 1, 2029. The regulations shall be in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.)(b) This chapter shall preempt a local stewardship program for solar photovoltaic modules enacted by ordinance with an effective date on or after July 1, 2025.
(c) This chapter does not grant a city, county, city and county, special district, or joint powers authority any new authority over solid waste hauling operations pursuant to a franchise agreement and does not
affect, limit, or abrogate in any manner any franchise granted to a solid waste enterprise for the handling of solid waste.
42499.63.
(a) A steward shall establish and implement a stewardship program independently, or as part of a group of stewards through membership in a stewardship organization. Stewards may establish or designate one or more stewardship organizations to comply with the requirements of this chapter.(b) No later than 30 days of the effective date of regulations a steward or stewardship organization on behalf of a steward it represents shall notify CalRecycle, in writing, that the steward will act individually or jointly through a stewardship organization to submit a plan to CalRecycle. All documentation submitted to CalRecycle by a steward or stewardship organization shall be submitted electronically, unless otherwise requested, in the form and
manner determined by CalRecycle.
(c) A steward covered under a stewardship organization shall register with that stewardship organization in accordance with the procedures and requirements established by that stewardship organization and shall comply with those procedures and requirements.
(d) A steward who chooses to comply with this chapter individually shall assume individual responsibility for complying with this chapter, including, but not limited to, all of the following:
(1) Developing and implementing a stewardship plan that meets all the applicable requirements, including, but not limited to, the review, update, and approval process.
(2) Fully covering the costs associated with implementing this chapter.
(3) Annually report to the department pursuant to Section 42499.71 in a manner determined by the department.
(e) A steward is not in compliance with this chapter if a solar photovoltaic module in this state for which the steward is deemed to be responsible is not subject to an approved plan.
42499.64.
(a) The activities of the stewardship organization shall be limited to carrying out the requirements of this chapter.(b) In the event that CalRecycle determines that a stewardship organization no longer meets the requirements of this chapter or fails to implement or administer an approved stewardship plan in a manner that effectuates the purposes of this chapter, CalRecycle may revoke its approval of the stewardship organizations stewardship plan.
(c) A participant of a stewardship organization with an approved stewardship plan shall comply with the requirements of this chapter. The stewardship organization shall notify CalRecycle within 30 calendar days of any the
following:
(1) The end of any three-month period in which the stewardship organization unsuccessfully attempted to obtain a fee, records, or information from a participant steward, or received incomplete or incorrect records or information pursuant to Article 5 (commencing with Section 42499.70).
(2) The date a steward no longer participates in the stewardship organization’s approved plan.
(3) Any instance of noncompliance by a participant steward.
Article 3. Stewardship Plans
42499.65.
(a) Within 12 months of the effective date of the regulations adopted by CalRecycle pursuant to this chapter, stewards and stewardship organizations shall develop and submit to CalRecycle a stewardship plan, in a form and manner determined by CalRecycle, in accordance with the requirements of this article.(b) The stewardship plans shall describe which entity is responsible for managing covered products at each step of their life, and how covered products will be collected, reused, refurbished, or recycled.
(c) CalRecycle shall review a stewardship plan for compliance with this chapter and shall approve or disapprove the stewardship plan within 120 days of receipt.
(d) (1) If CalRecycle disapproves a stewardship plan, CalRecycle shall explain how the stewardship plan does not comply with this chapter and provide written notice to the steward or stewardship organization that submitted the stewardship plan within 60 days of disapproval. The steward or stewardship organization may resubmit a revised stewardship plan within 30 days of the date the written notice was issued by CalRecycle, and CalRecycle shall review the revised stewardship plan within 60 days of the resubmittal.
(2) If CalRecycle disapproves a revised stewardship plan, CalRecycle shall explain how the stewardship plan does not comply with this chapter and provide written notice to the steward or stewardship organization that submitted the revised stewardship plan within 60 days of disapproval. The steward or stewardship organization shall then revise and
resubmit the stewardship plan consistent with CalRecycle’s direction within 30 days, otherwise the disapproval is final.
(e) Each steward and stewardship organization shall have an approved plan within 24 months of the effective date of the regulations adopted by CalRecycle pursuant to this chapter to be compliant with this chapter.
(f) (1) Within three months of approval by CalRecycle, a steward or stewardship organization shall begin to implement the approved stewardship plan.
(2) Within 12 months of approval by CalRecycle, a steward or stewardship organization shall fully implement the approved stewardship plan.
(g) A steward or stewardship organization with an approved stewardship plan shall submit any proposed substantive change to the stewardship
plan to CalRecycle for approval, employing the procedures for approving a stewardship plan.
(h) (1) An approved stewardship plan shall be a public record, except that financial or sales data and information as described in paragraph (2) reported to CalRecycle by the steward or stewardship organization is not a public record for purposes of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and shall not be open to public inspection. CalRecycle may release financial or sales data in summary form only so the information cannot be attributable to a specific producer, distributor, or any other entity.
(2) Any information submitted to CalRecycle pursuant to subdivisions (a) and (b) that is identified by the steward or the stewardship organization as proprietary in nature or a trade secret shall be
subject to protection under state laws and regulations governing that information.
42499.66.
(a) A stewardship organization or steward that elects to individually comply with this chapter shall review its stewardship plan at least every five years after approval by the department and determine whether revisions to the plan are necessary.(b) If a stewardship organization or steward that elects to individually comply with this chapter determines that revisions to the plan are necessary, the stewardship organization or steward shall submit to the department a revised plan for review and approval, employing the procedures set forth in Section 42499.65.
(c) If a stewardship organization or steward that elects to individually comply with this chapter determines that
no revisions to the plan are necessary, the stewardship organization or steward shall send a letter to the department explaining the rationale for the determination. The department may disapprove of the determination within 30 days of receipt of that determination if the department concludes that the stewardship organization or steward cannot achieve the objectives of this chapter without revising the plan. If the department disapproves the stewardship organization’s or steward’s determination, the stewardship organization or steward shall submit to the department a revised plan for review and approval, employing the procedures set forth in Section 42499.65.
42499.67.
A stewardship plan shall include all of the following:(a) The entity name and contact information, including email address, telephone number, mailing address, and physical address of the steward or stewards covered under the stewardship plan and the stewardship organization, as applicable.
(b) (1) A description of the method to establish and administer a means for fully funding the stewardship program in a manner that distributes the stewardship program’s costs among the participating stewards of the stewardship organization.
(2) For a steward that elects to meet the requirements of this chapter
individually, a description of the proposed method to establish and administer a means for fully funding its stewardship program.
(c) A description of the entire current inventory of covered products subject to the approved stewardship plan, including the locations of the covered products and the steward responsible for each covered product.
(d) (1) Quantifiable five-year and annual performance standards and metrics until CalRecycle publishes performance standards pursuant to Section 42499.68.
(2) The performance standards may be grouped into categories such as solar photovoltaic module reuse, solar photovoltaic module refurbishment, and solar photovoltaic module recycling.
(e) A description of the management process for
collection, evaluation for reuse, refurbishment, and recycling of covered products.
(f) A description of the strategies that are included in the stewardship plan for the major activities of reuse, refurbishment, or recycling. Recycling strategies shall include at least one of the following elements:
(1) A manufacturer take-back program.
(2) A company’s in-house recycling program.
(3) Participation in a statewide or national recycling program.
(4) Identification and contracting with one or more legitimate recyclers, as described in Section 260.43 of Title 40 of the Code of Federal Regulations, to be used or contracted with for the recycling of the solar photovoltaic module.
42499.68.
(a) A stewardship organization and a steward that elects to comply with this chapter individually shall achieve the performance standards described in its approved stewardship plan.(b) CalRecycle shall establish and review, and may adjust, performance standards and the dates by which they shall be achieved based on information included in a stewardship plan and annual reports, other information provided by the steward or stewardship organization, CalRecycle waste characterization studies, economic data, and any other relevant information. Performance standards published by CalRecycle pursuant to this section shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of
Part 1 of Title 2 of the Government Code).
(c) A steward or stewardship organization shall amend its stewardship plan to meet the performance standards published by CalRecycle.
Article 4. Financial Provisions
42499.69.
(a) A steward shall, either individually or through a stewardship organization, pay all administrative and operational costs associated with establishing and implementing the stewardship program in which it participates, including the cost of collection, transportation, reuse, refurbishment, recycling, and the safe and proper management of covered products.(b) (1) A stewardship organization shall establish a method for fully funding the stewardship program in a manner that distributes the stewardship program’s costs among participating stewards. The funding mechanism shall demonstrate adequate funding for all administrative and operational costs of the stewardship program, to be borne by participating stewards,
and shall distribute participating stewards’ costs in consideration of the cost of managing their covered products according to the approved stewardship plan.
(2) By the end of the second year of operation, a stewardship organization or steward that elects to individually comply with this chapter shall maintain reserve funds sufficient to operate the stewardship program for no less than six months.
(c) (1) On or before the end of the 2029–30 fiscal year, and on March 1 and September 1 of each year thereafter, a stewardship organization or steward that elects to individually comply with this chapter shall pay to CalRecycle an administrative fee. CalRecycle shall set the fee at an amount that, when paid by every stewardship organization and steward that elects to individually comply with this chapter, is the actual and reasonable costs adequate to cover
CalRecycle’s and any other state agency’s projected full costs of administering and enforcing this chapter, including any incurred costs that have not been reimbursed. Before March 1 and September 1 of each year, CalRecycle shall compare the total amount of fees collected for the operative billing cycle to the total actual and reasonable costs of administering and enforcing this chapter over the same period so that the total amount of fees collected is adequate and does not exceed the state’s full actual and reasonable regulatory costs to implement and enforce this chapter. These costs may include the actual and reasonable costs associated with regulatory activities pursuant to this chapter before submission of stewardship plans pursuant to Section 42499.65.
(2) For a stewardship organization, the administrative fee paid pursuant to paragraph (1) shall be funded by the stewards that participate in the stewardship organization. This
administrative fee shall be in addition to the charge paid pursuant to subdivision (b). A stewardship organization may require its participating stewards to pay the administrative fee and the charge paid pursuant to subdivision (b) at the same time.
(d) CalRecycle shall deposit administrative fees paid pursuant to subdivision (c) into the Nonconsumer-Owned Solar Photovoltaic Module Recycling Subaccount, which is hereby established within the Electronic Waste Recovery and Recycling Account. Upon appropriation by the Legislature, moneys in the subaccount may be expended by CalRecycle, and any other agency that assists in the regulatory activities of administering and enforcing this chapter. Upon appropriation by the Legislature, moneys in the subaccount may be used for those regulatory activities and to reimburse any outstanding loans made from other funds used to finance the startup costs of CalRecycle’s activities pursuant to this chapter.
Moneys in the subaccount shall not be expended for any purpose not enumerated in this chapter.
Article 5. Records and Reports
42499.70.
(a) All reports and records provided to CalRecycle pursuant to this chapter shall be provided under penalty of perjury. All documentation, including reports and records, shall be submitted electronically, unless otherwise requested, in the form and manner determined by CalRecycle.(b) Stewards shall do both of the following:
(1) Upon request, provide CalRecycle with reasonable and timely access, as determined by CalRecycle, to its facilities and operations, as necessary to determine compliance with this chapter.
(2) Upon request, provide CalRecycle within a reasonable number of days, as determined by
CalRecycle, with relevant records necessary to determine compliance with this chapter.
(c) The records required by this chapter shall be maintained and accessible for five years.
42499.71.
On or before April 1, 2031, and on or before April 1 each year thereafter, a stewardship organization and stewards who elect to individually comply with this chapter shall submit to CalRecycle an annual report and make the report publicly available on the stewardship organization’s or steward’s, as applicable, internet website. All reports and accompanying information shall be submitted to CalRecycle electronically, unless otherwise requested, in a form and manner determined by CalRecycle. The report shall include, at a minimum, all of the following information for the preceding calendar year unless otherwise specified:(a) The stewardship program’s costs, according to cost categories established in the stewardship plan, and revenues.
(b) A summary of anticipated changes to cost category allocations for the next calendar year.
(c) Updated name and contact information for each steward, including email address, telephone number, physical address, and mailing address.
(d) Changes to the inventory of covered products that are subject to the stewardship plan. Updates to the inventory shall include information on the location of the covered products and the name and contact information for the steward of the covered products.
(e) A list of each reuse and refurbishing business, and recycling facility used by the steward or stewardship organization, including both of the following:
(1) Name and location.
(2) Total number of covered products handled by each location.
(f) A complete accounting of the ultimate disposition of all covered products managed by the steward, including the total weight and or volume of covered products that were reused, refurbished, and recycled.
(g) Metrics and a description of the progress toward attaining the performance standards included in the plan and established by CalRecycle, if applicable.
(h) A description of methods used to collect, transport, refurbish, and recycle covered products.
(i) A report from an independent auditor.
(j) Any other information required by the regulations implementing
this chapter.
Article 6. Antitrust Immunity
42499.73.
(a) An action specified in subdivision (b) that is taken by a stewardship organization that relates to any of the following is not a violation of the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), the Unfair Practices Act (Chapter 4 (commencing with Section 17000) of Part 2 of Division 7 of the Business and Professions Code), or the Unfair Competition Law (Chapter 5 (commencing with Section 17200) of Part 2 of Division 7 of the Business and Professions Code).(b) Subdivision (a) applies to the creation, implementation, or management of a stewardship plan approved or conditionally approved by CalRecycle pursuant to this
chapter.
SEC. 23.
The Legislature finds and declares that Section 22 of this act adding Chapter 8.8 (commencing with Section 42499.6) to Part 3 of Division 30 of the Public Resources Code address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 22 of this act applies to all cities, including charter cities.SEC. 24.
The Legislature finds and declares that Sections 5 and 22 of this act, which adds Sections 42462 and 42499.65 to the Public Resources Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:It is in the best
interest of the public to provide limited protection of certain financial, sales, and proprietary data of participants, in order to protect the interests of businesses and the privacy of their data regarding their customers.
SEC. 25.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.(a)The Legislature finds and declares:
(1)As solar panels increasingly reach their end of life, there is a greater need to recycle photovoltaic modules.
(2)The state’s current regulations could be improved to better balance the need for widespread recycling of photovoltaic modules and for protecting human health and the environment. Specifically, the use of heat, chemicals, and water during the recycling process are currently exempted from the universal waste regulations, and, therefore, are required to be compliant with more stringent hazardous waste regulations.
(b)It is therefore the intent of the Legislature for the department to develop alternative management standards for the recycling of end-of-life photovoltaic modules, that balance the regulatory requirements that may include the managing of the heat, chemicals, and water used for recycling photovoltaic modules, but without compromising worker safety, human health protections, or the environment.
Subject to this article, the department may, by regulation, designate end-of-life photovoltaic modules that are identified as hazardous waste as a universal waste and subject those modules to universal waste management. The department may revise these regulations as necessary.
(a)The department shall, by January 1, 2026, develop alternative management standards for the management of photovoltaic modules.
The standards shall do all of the following:
(1)Promote the safe collection, reuse, and recycling of photovoltaic modules.
(2)Ensure that the standards do not pose a significant potential hazard to human health and safety or the environment.
(3)Provide flexibility and administrative convenience for persons collecting and recycling photovoltaic modules.
(4)Seek to streamline the process for persons collecting and recycling photovoltaic modules.
(5)Allow for the safe landfill of photovoltaic modules, if there are no recycling or reuse options.
(6)Allow a person, when following the standards, to collect, reuse, or recycle photovoltaic modules without a hazardous waste permit.
(b)Prior to submitting an initial statement of reasons, pursuant to Section 11346.2 of the Government Code, the department shall hold at least one public workshop to discuss concepts for the standards with stakeholders.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
