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CALIFORNIA LEGISLATURE—2003–04 REGULAR SESSION
ASSEMBLY BILL No. 2901

Introduced by Assembly Member Pavley

(Coauthor: Assembly Member Kehoe)

February 20, 2004

LEGISLATIVE COUNSEL’S DIGEST

AB 2901, as introduced, Pavley. Hazardous waste: cellular telephones: recycling:

(1) Existing law prohibits the management of hazardous waste,

except in accordance with the hazardous waste control laws. A violation of the hazardous waste control laws is a crime. Existing law requires the Department of Toxic Substances Control to adopt regulations to prohibit an electronic device, as defined, from being sold or offered for sale in this state if the electronic device is prohibited from being sold

or offered for sale in the European Union on and after its date of manufacture, due to the presence of certain heavy metals. This bill would require the department to adopt regulations to prohibit a cellular telephone, as defined, from being sold or offered for sale in this state if the cellular telephone is prohibited from being sold or offered for sale in the European Union on and after its date of manufacture, due to the presence of heavy metals. The bill would require the department to exclude certain cellular telephones from the regulations. Because a violation of the regulations adopted by the department would be a crime, the bill would impose a state-mandated local program by creating a new crime.

(2) Existing law requires the California Integrated Waste Management Board to administer state programs to recycle various specified materials, including the Electronic Waste Recycling Act of 2003. This bill would enact the Cell Phone Recycling Act of 2004 and would make it unlawful to sell, on and after July 1, 2005, a cell phone in this state to a consumer, as defined, unless the retailer of that cell phone complies with the act. The bill would require a retailer selling a cell phone in this state to have in place, by July 1, 2005, a system approved by the board for the acceptance, collection, reuse, and recycling or proper disposal of used cell phones. The bill would authorize the board to approve a system for the acceptance, collection, reuse, and recycling or proper disposal of a used cell phone only if the system includes specified elements and the board finds that the system is at least as convenient to a consumer as the system and procedure for the sale and distribution of a new cell phone. The bill would specify procedures for the approval of those plans by the board.

The bill would require each retailer of a cell phone who sells a cell phone in this state, by July 1, 2006, and annually thereafter, to submit a report to the board on the number of cell phones sold by the retailer in this state during the previous calendar year and other information. A retailer would also be required to make information available to

consumers that describes where and how to return, recycle, and dispose of the cell phone and opportunities and locations for the collection or return of the cell phone, through specified means.

The bill would require the board to annually establish and update, as necessary, statewide used cell phone recycling goals and would impose civil liability for violations of specified provisions. The bill would authorize the board and the department to adopt regulations to implement the bill and would authorize these regulations to be adopted

as emergency regulations, as specified. The bill would impose requirements upon state agencies that purchase or lease cell phones regarding a certification of compliance with the act by prospective bidders.

The people of the State of California do enact as follows:

SECTION 1. Article 10.4 (commencing with Section 25214.50) is added to Chapter 6.5 of Division 20 of the Health and Safety Code, to read:

Article 10.4. Cellular Telephones 25214.50

For purposes of this section, ‘‘cellular telephone’’ means a wireless telephone device that is designed to send or receive transmissions through a cellular radiotelephone

service, as defined in Section 22.99 of Title 47 of the Code of Federal Regulations.

CHAPTER 8.6. CELL PHONE RECYCLING ACT OF 2004

Article 1. General Provisions 42490. This act shall be known, and may be cited as, the Cell Phone Recycling Act of 2004. 42490.1. The Legislature finds and declares all of the following:

(a) The purpose of this chapter is to enact a comprehensive and innovative system for the reuse, recycling, and proper and legal disposal of used cell phones.

(b) It is the further purpose of this chapter to enact a law that establishes a program that is convenient for consumers and the public to return, recycle, and ensure the safe and environmentally sound disposal of used cell phones, and providing a system that

does not charge when a cell phone is returned.

(c) It is the intent of the Legislature that the cost associated with the handling, recycling, and disposal of used cell phones be the responsibility of the producers and consumers of cell phones, and not local government or their service providers, state government,

or taxpayers.

(d) In order to reduce the likelihood of illegal disposal of hazardous materials, it is the intent of this chapter to ensure that all costs associated with the proper management of used cell phones is internalized by the producers and consumers of cell phones at or before the point of purchase, and not at the point of discard.

(e) Manufacturers and retailers of cell phones and cell phone service providers, in working to achieve the goals and objectives of this chapter, should have the flexibility to partner with each other and with business enterprises that currently provide collection and processing services to develop and promote a safe and effective used cell phone recycling system for California.

(f) The purpose of this chapter is to provide for the safe, cost free, and convenient collection and recycling of 100 percent of the used cell phones discarded or offered for recycling in the state.

(g) In establishing a cost-effective system for the recovery, reuse, recycling and proper disposal of used cell phones, it is the intent of the Legislature to encourage manufacturers, retailers and service providers to build on the retailer take-back systems

initiated recently by some cell phone service providers.

Article 2. Definitions 42493. For the purposes of this chapter, the following terms

have the following meanings, unless the context clearly requires otherwise:

(a) ‘‘Board’’ means the California Integrated Waste Management Board.

(b) ‘‘Cell phone’’ has the same meaning as a ‘‘cellular telephone,’’ as defined in Section 25214.50 of the Health and Safety Code.

(c) ‘‘Consumer’’ means a purchaser or owner of a cell phone. ‘‘Consumer’’ also includes a business, corporation, limited partnership, nonprofit organization, or governmental entity, but does not include an entity involved in a wholesale transaction between a distributor and retailer.

(d) ‘‘Department’’ means the Department of Toxic SubstancesControl.

(e) ‘‘Retailer’’ means a person who sells a cell phone in the state to a consumer, including a manufacturer of a cell phone who sells that cell phone directly to a consumer. A sale includes, but is not limited to, transactions conducted through sales outlets, catalogs, or the Internet, or any other, similar electronic means, but does not include a sale that is a wholesale transaction with a distributor or retailer.

(f) (1) ‘‘Sell’’ or ‘‘sale’’ means a transfer for consideration of title or of the right to use, by lease or sales contract, including, but not limited to, transactions conducted through sales outlets, catalogs, or the Internet, or any other, similar electronic means, but does not include a wholesale transaction with a distributor or a retailer.

(2) For purposes of this subdivision and subdivision (e), ‘‘distributor’’ means a person who sells a cell phone to a retailer. (g) ‘‘Used cell phone’’ means a cell phone that is discarded or disposed of, and which the department determines, when discarded or disposed, would be a hazardous waste pursuant to Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code.

Article 3. Cell Phone Recycling 42494

(a) On and after July 1, 2006, every retailer of cell phones sold in this state shall have in place a system approved by the board pursuant to this article for the acceptance, collection, reuse, and recycling or proper disposal of used cell phones.

(b) The board may approve a system for the acceptance, collection, reuse, and recycling or proper disposal of used cell phones if the system includes, at a minimum, all of the following elements:

(1) The take-back from the consumer of a used cell phone that the retailer sold or previously sold to the consumer, at no cost to that consumer.

(2) The take-back of a used cell phone from a consumer who is purchasing a new cell phone from that retailer, as no cost to that consumer.

(3) If the retailer delivers a cell phone directly to a consumer in this state, the system provides the consumer, at the time of delivery, with a mechanism for the return of used cell phones for reuse, recycling, or proper disposal, at no cost to the consumer.

(4) Make information available to consumers about cell phone recycling opportunities provided by the retailer and encourage consumers to utilize those opportunities.

42495. On and after July 1, 2006, it shall be unlawful to sell a cell phone to a consumer in this state unless the retailer of that cell phone complies with this chapter.

Article 4. Administration and Enforcement 42496

(a) Civil liability in an amount of up to two thousand five hundred dollars ($2,500) per offense may be administratively imposed by the board for each sale of a cell phone by a retailer who is not in compliance with this chapter.

(b) A civil penalty in an amount of up to five thousand dollars ($5,000) per offense may be imposed by a superior court for each sale of a cell phone by a retailer who is not in compliance with this chapter.

42496.1. (a) The board shall administer this chapter in consultation with the department.

(b) The board and the department may adopt regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code that are necessary to implement this chapter, and any other regulations that the board and the department determines are necessary to implement the provisions of this chapter in a manner that is enforceable.

Article 5. State Agency Procurement 42498

(a) A state agency that purchases or leases cell phones shall require each prospective bidder, to certify that it, and its agents, subsidiaries, partners, joint venturers, and subcontractors for the procurement, have complied with this chapter and any regulations adopted pursuant to this chapter, or to demonstrate that this chapter is inapplicable to all lines of business engaged in by the bidder, its agents, subsidiaries, partners, joint venturers, or subcontractors.

(b) Failure to provide certification pursuant to this section shall render the prospective bidder and its agents, subsidiaries, partners, joint venturers, and subcontractors ineligible to bid on the procurement of cell phones.

(c) The bid solicitation documents shall specify that the prospective bidder is required to cooperate fully in providing reasonable access to its records and documents that evidence

compliance with this chapter.

(d) Any person awarded a contract by a state agency that is found to be in violation of this section is subject to the following sanctions:

(1) The contract shall be voided by the state agency to which the equipment, materials, or supplies were provided.

(2) The contractor is ineligible to bid on any state contract for a period of three years.

(3) If the Attorney General establishes in the name of the people of the State of California that any money, property, or benefit was obtained by a contractor as a result of violating this section, the court may, in addition to any other remedy, order the disgorgement of the unlawfully obtained money, property, or benefit in the interest of justice. SEC. 3. 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 provision or application. SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because

the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

 
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