(1) The Electronic Waste Recycling Act of 2003 (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, as specified. The act defines "covered electronic device" to mean a video display device containing a screen greater than 4 inches, measured diagonally, that is identified in the regulations adopted by the Department of Toxic Substances Control (DTSC) , subject to certain exclusions. The act requires all fees collected pursuant to the act to be deposited in the Electronic Waste Recovery and Recycling Account, and outlines certain other requirements related to the establishment, adjustment, and administration of the fee. Moneys in the account are continuously appropriated for specified purposes, including, but not limited to, paying covered electronic waste recycling fee refunds and making electronic waste recovery and recycling payments. Moneys in the account may be expended, upon appropriation by the Legislature in the annual Budget Act, for other specified purposes, including the administration of the act by the Department of Resources Recycling and Recovery (CalRecycle) and DTSC and to provide funding to DTSC to implement and enforce the hazardous waste control laws as they relate to covered electronic devices. Existing law incorporates the requirements and other provisions of the act by reference as requirements and provisions of the hazardous waste control laws. The act also expressly authorizes DTSC to enforce the act, and all regulations adopted pursuant to the act, through the hazardous waste control laws. A violation of the hazardous waste control laws is a crime. This bill would, among other things, expand the definition of "covered electronic device" to include a "covered battery-embedded product," as defined, thereby expanding the scope of the act to include covered battery-embedded products, as provided. The bill would require a consumer, on and after January 1, 2026, to pay a covered battery-embedded waste recycling fee in an amount established by CalRecycle upon the purchase of a new or refurbished covered battery-embedded product. The bill would authorize, beginning on August 1, 2028, CalRecycle, in collaboration with DTSC, to establish more than one covered electronic waste recycling fee for covered battery-embedded products based on categories of those products. The bill would also require, on or before October 1, 2025, and on or before October 1 each year thereafter, CalRecycle to establish a covered electronic waste recycling fee based on the reasonable regulatory costs to administer covered electronic waste recycling. The bill would require the charge to be imposed upon the purchase of a new or refurbished covered battery-embedded product. The bill would also require the charge to be adjusted annually based on the California Consumer Price Index. The bill would require CalRecycle, on or before August 1, 2027, and thereafter as specified, in collaboration with DTSC, to review, at a public hearing, the covered battery-embedded waste recycling fee applicable to covered battery-embedded products and to make any fair and reasonable adjustments to the charge 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 the act. The bill would create the Covered Electronic Waste Recycling Fee Subaccount and the Covered Battery-Embedded Waste Recycling Fee Subaccount as continuously appropriated funds in the Electronic Waste Recovery and Recycling Account. Because the funds deposited to the Covered Battery-Embedded Waste Recycling Fee Subaccount would be a new source of funds in the continuously appropriated subaccount within the continuously appropriated Electronic Waste Recovery and Recycling Account, the bill would make an appropriation. By expanding the scope of the act to make it applicable to covered battery-embedded products, the bill would expand the scope of a crime, thereby imposing a state-mandated local program. The act imposes certain obligations on a manufacturer of a covered electronic device sold in the state, including, but not limited to, requiring a manufacturer to submit a report to CalRecycle, as provided, and to make information available to consumers that describes where and how to return, recycle, and dispose of the covered electronic device. The act defines "manufacturer" as either a person who manufacturers a covered electronic device sold in the state or a person who sells a covered electronic device in the state under that person's brand name. This bill would revise and expand the definition of "manufacturer" for purposes of the act and would therefore extend the aforementioned obligations to these persons. The act would require a manufacturer of a covered battery-embedded product to also submit a report to CalRecycle, as provided, and to make certain information available to consumers. The bill would provide that any information submitted to CalRecycle that is proprietary in nature or a trade secret shall be protected under state laws and regulations governing that information. The bill would require 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. This bill would require all reports and records provided to CalRecycle pursuant to the act to be provided under penalty of perjury. 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. The act prohibits a person from selling a new or refurbished covered electronic device to a consumer if CalRecycle or DTSC determines that the manufacturer of that covered electronic device is not in compliance with the act, as provided. The act prohibits a person from selling or offering for sale in this state a new or refurbished covered electronic device unless the device is labeled with the name of the manufacturer or the manufacturer's brand label, so that it is readily visible. This bill, by expanding the definition of "covered electronic device," would expand the sales prohibition for noncompliance to covered battery-embedded products. The bill would also prohibit a person, on or after January 1, 2026, from selling or offering for sale in the state a new or refurbished covered battery-embedded product unless the product is labeled with the name of the manufacturer or the manufacturer's brand label so that it is readily visible. The bill would also require a new or refurbished covered battery-embedded product to be labeled with information identifying the chemistry of the embedded product. By expanding the scope of the sales prohibitions to include covered battery-embedded products, the bill would expand the scope of a crime, thereby imposing a state-mandated local program. The bill would also replace references to the State Board of Equalization with the California Department of Tax and Fee Administration, and make other nonsubstantive changes. (2) Existing law, as part of the hazardous waste control laws, requires the department to adopt regulations to identify electronic devices, as defined, that the department determines are presumed to be, when discarded, a hazardous waste. Existing law requires a manufacturer of an electronic device that is identified in those regulations to send to any retailer that sells that electronic device a notice that identifies the electronic device and informs the retailer that the electronic device is subject to the covered electronic waste recycling fee. The act requires a manufacturer of a covered electronic device to comply with these hazardous waste control law notification requirements. Existing law defines the term "manufacturer" for the purposes of these provisions in the same way as the act. This bill, for purposes of the aforementioned notification requirement, would specify that the requirement applies only to video display devices, as defined by the act, and would expressly exclude from the notification requirement a covered battery-embedded product, as defined by the act. The bill would expand the definition of "manufacturer" in the act and thereby would make those additional persons subject to the notice requirement. By expanding the scope of a crime under the hazardous waste control laws, the bill would impose a state-mandated local program. The bill would also replace references to the State Board of Equalization with the California Department of Tax and Fee Administration, and make other nonsubstantive changes. This bill would require instead that, as part of the act, a manufacturer of a covered battery-embedded product comply with similar notification requirements. (3) The California Integrated Waste Management Act of 1989 requires the county or regional agency integrated waste management plan that a county or regional agency is required to submit to the board to contain a household hazardous waste element. Existing law requires that when a county or regional agency revises the county or regional integrated waste management plan and its elements, the city household hazardous waste element and county household hazardous waste element is required to identify those actions the city, county, or regional agency is taking to promote the collection, consolidation, recovery, and recycling of covered electronic waste, as defined. This bill would, as a result of the aforementioned amendments to the Electronic Waste Recycling Act of 2003, expand the definition of covered electronic waste pursuant to the act to include a covered battery-embedded product, as defined by the Electronic Waste Recycling Act of 2003, thereby creating a state-mandated local program by imposing new duties upon local agencies. (4) 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. (5) 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. (6) 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 specified reasons.
Sponsored bills
Existing state sales and use tax laws impose a tax on retailers measured by the gross receipts from the sale of tangible personal property sold at retail in this state or on the storage, use, or other consumption in this state of tangible personal property purchased from a retailer for storage, use, or other consumption in this state. The Sales and Use Tax Law provides various exemptions from those taxes, including, until January 1, 2024, an exemption from those taxes with respect to the sale in this state of, and the storage, use, or other consumption in this state of, specified zero-emission technology transit buses sold to specified public agencies that are eligible for specified incentives from the State Air Resources Board. This bill would extend the exemption for specified zero-emission technology transit buses until January 1, 2026. Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives the tax expenditure will achieve, detailed performance indicators, and data collection requirements. Existing law provides this additional information for the above-described exemption from sales and use tax laws. This bill would update these information requirements as they apply to the sales and use tax exemption, and would require the Legislative Analyst's Office to submit a report to the Legislature on the effectiveness of the tax exemption by May 1, 2024. This bill would take effect immediately as a tax levy.
The Rechargeable Battery Recycling Act of 2006 requires every retailer, as defined, to have in place a system for the acceptance and collection of used rechargeable batteries for reuse, recycling, or proper disposal. The Cell Phone Recycling Act of 2004 prohibits the sale of a cell phone in this state to a consumer unless the retailer of that cell phone has in place a take-back system for the acceptance and collection of used cell phones for reuse, recycling, or proper disposal. This bill would make the Rechargeable Battery Recycling Act of 2006 inoperative as of September 30, 2026, and would repeal that act as of January 1, 2027, and would make the Cell Phone Recycling Act of 2004 inoperative as of September 30, 2027, and would repeal that act as of January 1, 2028. This bill would enact the Responsible Battery Recycling Act of 2022, which would require producers, as defined, either individually or through the creation of one or more stewardship organizations, to establish a stewardship program for the collection and recycling of covered batteries, as defined. The bill would require a program operator, as defined, to develop, and to submit to the Department of Resources Recycling and Recovery (department) and the Department of Toxic Substances Control for review and for approval by the department, as specified, a stewardship plan and would prescribe the standards and elements required to be contained in a stewardship plan for covered batteries. The bill would require the department, in consultation with the Department of Toxic Substances Control, to adopt regulations to implement the act with an effective date of no earlier than April 1, 2025. The bill would require a program operator to have a complete stewardship plan approved by the department no later than 24 months after the effective date of the regulations adopted by the department in order for the program operator to be in compliance with the act. This bill would require a program operator to be audited annually, and submit a report and budget to the department, as prescribed, and would require a program operator, stewardship organization, producer, manufacturer, distributor, retailer, importer, recycler, or collection site to, among other things, provide the department and the Department of Toxic Substances Control with relevant records necessary to determine compliance with the act. The bill would require reports and records provided to the department to be provided under penalty of perjury, thereby creating a state-mandated local program by expanding the crime of perjury. The bill would restrict public access to certain information collected for the purpose of administering a stewardship program. The bill would preempt all rules, regulations, codes, ordinances, or other laws adopted by a city, county, city and county, municipality, or a local agency on or after January 1, 2023, regarding stewardship programs for covered batteries. This bill would require the department, within 24 months of the effective date of the regulations to implement these provisions, and each year thereafter, to post on its internet website a list of producers that are in compliance with the act, including the reported brands of covered batteries of each producer. The bill would require the department to remove from the list any producer, including its brands and covered batteries, that is not in compliance with the act. The bill would prohibit, on and after the date that a stewardship plan is approved by the department, a retailer or distributor from selling, distributing, offering for sale, or importing a covered battery in or into the state unless the producer of the covered battery is listed on that list as in compliance on the act, except as specified. The bill would require the department to relist on its internet website a producer, along with its brands and covered batteries, if the department subsequently determines that the producer is in compliance with the act. This bill would require a program operator to reimburse the department and the Department of Toxic Substances Control for their respective actual and reasonable regulatory costs that are directly related to implementing and enforcing the act in relation to the program operator's activities. The bill would require the department and the Department of Toxic Substances Control to deposit those moneys into the Covered Battery Recycling Fund, which the bill would establish, and would authorize the department and the Department of Toxic Substances Control to expend those moneys, upon appropriation by the Legislature, to implement and enforce the act. This bill would provide for enforcement of the act, including authorizing the department to impose an administrative civil penalty on a program operator, stewardship organization, producer, manufacturer, distributor, retailer, importer, recycler, or collection site in violation of the act not to exceed $10,000 per day, unless the violation is intentional, knowing, or reckless, then in that case not to exceed $50,000 per day. The bill would require the department to deposit those moneys into the Covered Battery Recycling Penalty Account, which the bill would establish in the fund, and would make those moneys available for expenditure upon appropriation by the Legislature. 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 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 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.
This measure would proclaim the month of September 2022 as Prostate Cancer Awareness Month.
This measure would designate a specified portion of State Highway Route 44, near Oak Run in the County of Shasta, as the Stan Statham Memorial Highway. This measure would request the Department of Transportation to determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, to erect those signs.
This measure would designate the East End Complex-Block 171 in Sacramento as the Mario Obledo Building, and would request the Department of General Services to determine the cost of erecting appropriate plaques and markers showing the designation and, upon receiving donations from nonstate sources, to cover that cost to erect signage.
This measure would urge the United States Congress to amend the United States Social Security Administration's index of earnings to ensure that a decline in aggregate wages due to COVID-19 does not result in decreased benefits.
This measure would request that the Department of Transportation remove the "The Christopher Columbus Transcontinental Highway" designation from the portion of Interstate 10 in the state, as well as any signage and markers memorializing that designation, and advise the Federal Highway Administration of the state's action.
This measure would, among other things, on the first anniversary of the attack on the United States Capitol on January 6, 2021, urge the Select Committee to Investigate the January 6th Attack on the United States Capitol to uncover the facts, circumstances, and causes relating to the attack, and honor the individuals who died or were injured as a result of the attack.
This measure would urge the United States Secretary of Education to establish and submit to the United States Congress for approval a monthly student loan payment plan for federal student loans, based on the personal savings rate as published by the federal Bureau of Economic Analysis.