Edition No. 6

Coming to a State Near You?

California Enacts Electronic Waste Recycling Act of 2003

On September 25, 2003, former California Governor Gray Davis signed the Electronic Waste Recycling Act of 2003. This law creates a new manufacturer and consumer responsibility regime for certain end-of-life electronics in California. The Act shifts the cost burden of electronics recycling directly to consumers by requiring retailers to collect a per-unit point of sale fee to cover the costs of recycling and disposal of electronic waste. This new Act also restricts the sale of certain electronic devices based on the presence of heavy metals and imposes new annual reporting and consumer disclosure requirements on manufacturers selling covered devices in California.

What is it?

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This California law should certainly be looked at by other states as a preview of things to come in regard to electronic waste recycling. And although the cost burden appears to be shifting to the consumer for recycling, manufacturers are responsible for the compliance issues that arise. Here are a few highlights of the new legislation, including several definitions for clarification purposes.

The new Act covers cathode ray tubes (CRTs), flat panel screens, and other display devices that contain hazardous materials. A covered electronic device is defined as a cathode ray tube, cathode ray tube device, flat panel screen, or any other similar video display device that is greater than four inches in size measured diagonally and which the Department of Toxic Substances Control determines, when discarded or disposed, would be a hazardous waste.

California’s hazardous waste identification rules are more expansive than Federal hazardous waste identification rules and include additional testing requirements to determine whether a waste is hazardous. This definition excludes automobiles or large pieces of commercial or industrial equipment, including medical equipment, that contain a covered device, so long as the covered device is not separate from the equipment.

Covered electronic waste means a covered electronic device that has been discarded or disposed. Consumers of medical and specialty electronic equipment are exempt from the definition of consumer. Medical electronic equipment includes, but is not limited to, radiotherapy equipment, cardiology equipment, dialysis equipment, pulmonary ventilators, nuclear medicine equipment, laboratory equipment for in-vitro diagnosis, analyzers, and freezers. Specialty electronic equipment includes, but is not limited to, smoke detectors, heating regulators, and thermostats.

A Few Other Highlights of the Legislation

On and after July 1, 2004, it will be illegal for a manufacturer of a covered device to sell a covered device in the State of California without being in compliance with this Act.
Any person who intends to export covered electronic waste to a foreign destination must comply with certain requirements 60 days prior to the date of export.
The Board, with input from manufacturers, retailers, recyclers, and collectors, will annually establish statewide recycling goals for covered devices that reflect the statewide projection of sales of covered devices, rates of obsolescence, and stockpiles.
The Board may administratively impose a civil liability up to $2,500 per offense for the sale of a covered device for which the recycling fee was not collected.