Laws, Regulations and Annotations


Business Taxes Law Guide—Revision 2024

Covered Electronic Waste Recycling Fee

Public Resources Code

Division 30. Waste Management
Part 3. State Programs
Chapter 8.5. Electronic Waste Recycling

Article 8. Inapplicability of Chapter³

Section 42485

42485. Chapter not to be implemented under certain circumstances. Except as provided in subdivision (b) of Section 42486, CalRecycle and DTSC shall not implement this chapter if either of the following occur:

(a) A federal law, or a combination of federal laws, takes effect and does all of the following:

(1) Establishes a program for the collection, recycling, and proper disposal of covered electronic waste that is applicable to all covered electronic devices sold in the United States.

(2) Provides revenues to the state to support the collection, recycling, and proper disposal of covered electronic waste, in an amount that is equal to, or greater than, the revenues that would be generated by the fee imposed under Section 42464.

(3) Requires covered electronic device manufacturers, retailers, handlers, processors, and recyclers to dispose of those devices in a manner that is in compliance with all applicable federal, state, and local laws, and prohibits the devices from being exported for disposal in a manner that poses a significant risk to the public health or the environment.

(b) A trial court issues a judgment, which is not appealed, or an appellate court issues an order affirming a judgment of a trial court, holding that out-of-state manufacturers or retailers, or both, may not be required to collect the fee authorized by this chapter. The out-of-state manufacturers or retailers, or both, shall continue to collect the fee during the appellate process.

History—Amended by Stats. 2004, Ch. 863 (SB 50), in effect September 29, 2004. Stats. 2022, Ch. 370 (SB 1215), in effect January 1, 2023, substituted "CalRecycle" for "the board" after "Section 42486", substituted "DTSC" for "the department" before "shall not" in the first paragraph of the section.

³ NOTE.—SEC. 5. of Stats. 2003, Ch. 526 (SB 20), effective January 1, 2004, states, the provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provisions or application.