Electronic waste: administration.

Under existing law, the Electronic Waste Recycling Act of 2003 requires a retailer selling a covered electronic device in this state to collect an electronic waste recycling fee and to transmit the fee to the Department of Resources Recycling and Recovery (CalRecycle) . Existing law provides for the administration of the act by both CalRecycle and the Department of Toxic Substances Control (DTSC) and imposes specified duties upon the DTSC with regard to providing notice of exports and the inspection of e-waste recycling facilities. Existing law requires CalRecycle and the DTSC to deposit the fees and fines collected under the act in the Electronic Waste Recovery and Recycling Account and authorizes CalRecycle and the DTSC to expend the moneys deposited in the account, upon appropriation by the Legislature, to administer the act and other provisions regulating covered electronic devices. Existing law incorporates the provisions of the act into the hazardous waste control laws. The hazardous waste control laws require the DTSC to adopt regulations for identifying covered electronic devices that are hazardous waste when discarded. This bill would transfer the duties, powers, and authority of the DTSC under the act to CalRecycle and would require the employees of the DTSC who are serving in the state civil service for purposes of carrying out the duties, powers, purposes, and responsibilities of the DTSC under the act to be transferred to CalRecycle, except with regard to the identification of those devices that are hazardous waste. The bill would delete the provision authorizing the enforcement of the act under the hazardous waste control laws and would make conforming changes with regard to the transfer of this authority.