AB 2549: Electronic Waste Recycling Act of 2003: manufacturer notices.

The Electronic Waste Recycling Act of 2003 (act) requires a retailer selling a covered electronic device, including a covered battery-embedded product, as defined, in this state to collect from a consumer at the time of retail sale a covered electronic waste recycling fee, as specified. The act imposes certain obligations on a manufacturer of a covered electronic device sold in the state. Existing law requires a manufacturer of a covered electronic device that is a covered battery-embedded product, as defined, to provide a specified notice to any retailer that sells that product informing the retailer that the covered battery-embedded product is subject to a recycling fee, as provided. Existing law requires the notices to identify the covered electronic device by brand and model number.

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 the Department of Toxic Substances Control 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 require the manufacturer to ensure that send notices regarding the products to the Department of Resources Recycling and Recovery (CalRecycle) receives each copy of the notices no later than on or before an unspecified date each year. in accordance with specified timeframes set forth in the bill. The bill would also require the notices to contain the universal product code (UPC), as defined, and make conforming changes. By changing the definition of a crime, the bill would impose a state-mandated local program. The bill would require that a retailer have not less than 60 days from the date of receipt of the notice to take any action required by the act regarding the product identified in the notice. The bill would require CalRecycle to develop develop, on or before January 1, 2027, a standardized form for notices submitted by a manufacturer pursuant to this provision. The bill would require the form to require each notice to identify the battery-embedded covered product manufactured by that manufacturer by brand, model number, and UPC, and the covered battery-embedded waste recycling fee. The bill would require CalRecycle CalRecycle, on or before January 1, 2027, to create and maintain a searchable database for the notices sent by a manufacturer pursuant to this requirement, to post that information on its internet website, as provided, and to consult with manufacturers and retailers to develop a standardized online upload process for these purposes. The bill would require that a retailer have not less than 60 days from the earlier of the date of receipt of the notice directly from a manufacturer, or the date the notice is first published in the online database, to begin collecting the fee required by the act regarding the product identified in the notice. The bill would provide that a retailer shall not be deemed to have actual knowledge of any covered electronic device or battery-embedded product waste fee until 60 business days after a retailer receives the notice from the manufacturer or distributor. The bill would require CalRecycles database to include a statement that retailers who rely in good faith on the information presented on the database would be exempt from liability for failing to comply with the requirements of the act. The bill would exempt a retailer that is in compliance with the act from specified penalties when relying in good faith on the list of covered electronic devices and the applicable fee listed on the internet website, or in the electronic notices from manufacturers as of the date a product is made available for retail sale.

Existing law sets forth definitions for purposes of the act.

This bill would expand the definition of a retailer to include a marketplace facilitator, as defined. The bill would define a discount store and a thrift retail store, as provided, for purposes of the act. The bill would define a universal product code to mean an all-numeric code that represents a consumer package of a particular brand, size, type, and manufacturer by using a series of alternating bars and spaces for electronic scanning. The bill would also set forth unspecified definitions of a discount store and a thrift store for purposes of the act.

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.