Bill Text: CA AB2 | 2023-2024 | Regular Session | Amended
Bill Title: Recycling: solar photovoltaic modules.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2023-09-01 - In committee: Held under submission. [AB2 Detail]
Download: California-2023-AB2-Amended.html
Amended
IN
Senate
June 28, 2023 |
Amended
IN
Senate
June 22, 2023 |
Amended
IN
Assembly
May 18, 2023 |
Amended
IN
Assembly
April 26, 2023 |
Amended
IN
Assembly
March 16, 2023 |
Introduced by Assembly Member Ward |
December 05, 2022 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law requires a manufacturer of a covered electronic device to maintain and keep accessible for a minimum of 3 years all records required to be kept or submitted pursuant to the act and, upon request, provide those records to CalRecycle. The act requires all reports and records provided to CalRecycle pursuant to the act to be provided under penalty of perjury.
This bill, by expanding the definition of “covered electronic device,” would impose these requirements on manufacturers of covered solar PV module products. By expanding the scope of persons subject to the act’s requirements and by expanding the scope of the crime of perjury,
the bill would expand the scope of a crime, thereby imposing a state-mandated local program.
Digest Key
Vote: 2/3 Appropriation: YES Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
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:SEC. 2.
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 (g) of Section 42463 in the following amounts:SEC. 3.
Section 42464.2 of the Public Resources Code is amended to read:42464.2.
CDTFA shall collect the covered electronic waste recycling fee, the covered battery-embedded waste recycling fee, and the covered solar PV recycling fee pursuant to the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code). For purposes of this section, the reference in the Fee Collection Procedures Law to “feepayer” shall include a retailer, a consumer, and a vendor, in the case of a retailer’s election pursuant to paragraph (2) of subdivision (f) of Section 42464.SEC. 4.
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 Subaccount, the Covered Battery-Embedded Waste Recycling Fee Subaccount, and the Covered Solar PV Module Recycling Fee Subaccount are hereby created in the Electronic Waste Recovery and Recycling Account. All covered electronic waste recycling fees collected from sales of covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, shall be deposited into the Covered Electronic Waste Recycling Fee Subaccount. All covered battery-embedded waste recycling fees collected from sales of covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, shall be deposited into the Covered Battery-Embedded Waste Recycling Fee Subaccount. All covered electronic waste recycling fees collected from sales of covered electronic devices, as defined in subparagraph (C) of paragraph (1) of subdivision (g) of Section 42463, shall be deposited into the Covered Solar PV Module Recycling Fee Subaccount.SEC. 5.
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 (g) of Section 42463, collected for recycling on and after January 1, 2005, for covered electronic waste, resulting from discarded covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, collected for recycling on or after January 1, 2026, and for covered electronic waste, resulting from discarded covered electronic devices, as defined in subparagraph (C) of paragraph (1) of subdivision (g) of Section 42463, collected for recycling on or after January 1, 2028, CalRecycle shall make electronic waste recovery payments and electronic waste recycling payments for the collection and recycling of covered e-waste to an authorized collector or covered e-waste recycler, respectively, upon completion of the review by CalRecycle of a payment claim submitted to CalRecycle by the authorized collector or e-waste recycler in the form and manner determined by CalRecycle. CalRecycle may examine a payment claim for a period of not more than 90 days from the date of receipt of the payment claim to validate the claim’s completeness, accuracy, truthfulness, and compliance with applicable laws and regulations. All of the following shall be considered official records for purposes of Section 1280 of the Evidence Code:SEC. 6.
Chapter 8.7 (commencing with Section 42499.6) is added to Part 3 of Division 30 of the Public Resources Code, to read:CHAPTER 8.7. Non-Customer-Owned Solar Photovoltaic (PV) Module Recycling
42499.6.
(a)(b)The department
(c)