Electronic Waste Recycling Act of 2003: manufacturer notices.
AB 2549
California Bills
20250AB__254993AMD INTRODUCED 2026-02-20 AMENDED_ASSEMBLY 2026-03-19 AMENDED_ASSEMBLY 2026-04-08 AMENDED_ASSEMBLY 2026-04-22 AMENDED_ASSEMBLY 2026-05-22 AMENDED_SENATE 2026-06-15 AMENDED_SENATE 2026-06-22 2025 AB AMD Introduced by Assembly Member Zbur LEAD_AUTHOR ASSEMBLY Zbur
An act to amend Sections 42463, 42466.2, and of, to add
Section 42466.3 to, and to add
Article 4.5 (commencing with
Section 42468) to
Chapter 8.5 of Part of Division of, the Public Resources Code, relating to electronic waste recycling. electronic waste recycling 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 send notices regarding the products to the Department of Resources Recycling and Recovery (CalRecycle) 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 CalRecycle to develop, on or before March 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, on or before May 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, upon receipt of a notice directly from a manufacturer or the publication of a notice in the online database maintained by CalRecycle, that a retailer shall have days to commence collection of the fee established in compliance with requirements of the act. The bill would specify procedures for addressing complaints or information alleging a violation of laws relating to a covered battery-embedded product, as provided. 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 delay, until January 1, 2028, the application of the act to “discount stores,” as defined. The bill would limit the duties under the act of “thrift retail stores,” as defined, and manufacturers regarding battery-embedded product donations to thrift retail stores, as specified.
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 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.
MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows: <caml:Num>SECTION 1.</caml:Num><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>It is the intent of the Legislature to enact legislation that would exempt thrift retail stores from the scope of the Electronic Waste Recycling Act of 2003.</xhtml:p><xhtml:p>(b)</xhtml:p></caml:Content></caml:BillSection>"?>
SECTION 1. (
a) It is the intent of the Legislature to enact legislation that would delay the implementation of certain provisions of the Electronic Waste Recycling Act of as applied to discount stores. (c)</xhtml:p>"?> (
b) The Legislature finds and declares both of the following:
(1) That the California Environmental Protection Agency’s Environmental Complaint System serves as a centralized, public mechanism for reporting potential violations of environmental law, and that clarifying its applicability to the covered battery-embedded product program administered pursuant to
Chapter 8.5 (commencing with
Section 42460) of Part of Division of the Public Resources Code promotes transparency, consistency, and efficient enforcement.
(2) That discount stores operate under unique business models with high-volume and low-margin sales, and often rely on complex supply chains, and for that reason both of the following considerations apply: (
A) Given the nature of the business, implementation of the covered battery-embedded product stewardship program in discount store channels requires additional time to develop feasible compliance processes for producer identification, data exchange, point-of-sale systems, and consumer education tailored to these businesses. (
B) Providing a limited, time-certain delay for the application of the covered battery-embedded product stewardship program to discount stores will support effective implementation of the program while maintaining the state’s policy commitment to increased collection and recycling of covered battery-embedded products.
SEC. 2.
Section of the Public Resources Code is amended to read: 42463. For purposes of this chapter, the following terms have the following meanings, unless the context clearly requires otherwise: (a) “Account” means the Electronic Waste Recovery and Recycling Account created in the Integrated Waste Management Fund pursuant to
Section 42476. (b) “Authorized collector” means any of the following:
(1) A city, county, or district that collects covered electronic devices.
(2) A person or entity that is required or authorized by a city, county, or district to collect covered electronic devices pursuant to the terms of a contract, license, permit, or other written authorization.
(3) A nonprofit organization that collects or accepts covered electronic devices.
(4) A manufacturer or agent of the manufacturer that collects, consolidates, and transports covered electronic devices for recycling from consumers, businesses, institutions, and other generators.
(5) An entity that collects, handles, consolidates, and transports covered electronic devices and has filed applicable notifications with DTSC pursuant to
Chapter 23 (commencing with
Section 66273.1) of Division 4.5 of Title of the California Code of Regulations. (c) “CalRecycle” means the Department of Resources Recycling and Recovery. (d) “CDTFA” means the California Department of Tax and Fee Administration. (e) “Consumer” means a person who purchases a new or refurbished covered electronic device in a transaction that is a retail sale or in a transaction to which a use tax applies pursuant to
Part 1 (commencing with
Section 6001) of Division of the Revenue and Taxation Code. (f) (1) “Covered battery-embedded product” means a product containing a battery from which the battery is not designed to be easily removed from the product by the user of the product with no more than commonly used household tools. (2) “Covered battery-embedded product” does not include any of the following: (
A) A medical device, as defined in
Section 321(
h) of Title of the United States Code, if either of the following applies: (
i) It is a Class I device as defined in
Section 360c of Title of the United States Code, and either of the following applies: (
I) It is a device described in
Section 414.202 of Title of the Code of Federal Regulations. (II) Either of the following applies: (ia) The device is predominantly used in a health care setting by a provider. (ib) The device is predominantly prescribed by a health care provider. (ii) It is a Class II or Class III device as defined in 360c of Title of the United States Code. (
B) A covered electronic device, as defined in subparagraph (
A) of paragraph (1) of subdivision (g). (
C) An energy storage system, as defined in subdivision (
a) of
Section of the Public Utilities Code. (
D) An electronic nicotine delivery system, as defined in
Section 375(7) of Title of the United States Code.
(3) CalRecycle may consult with other state agencies to determine if a product meets the definition of a covered battery-embedded product. (4) “Covered battery-embedded waste recycling fee” means the fee imposed for covered electronic devices, as defined in subparagraph (
B) of paragraph (1) of subdivision (g), pursuant to
Article 3 (commencing with
Section 42464). (g) (1) “Covered electronic device” means either of the following: (
A) Except as provided in paragraph (2), a video display device containing a screen greater than four inches, measured diagonally, that is identified in the regulations adopted by DTSC pursuant to subdivision (
c) of
Section 25214.10.1 of the Health and Safety Code. (
B) Any covered battery-embedded product, as defined in subdivision (f). (2) “Covered electronic device,” as defined in subparagraph (
A) of paragraph (1), does not include any of the following: (
A) A video display device that is a part of a motor vehicle, as defined in
Section of the Vehicle Code, or any component part of a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dealer, including replacement parts for use in a motor vehicle. (
B) A video display device that is contained within, or a part of a piece of industrial, commercial, or medical equipment, including monitoring or control equipment. (
C) A video display device that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air-conditioner, dehumidifier, or air purifier. (
D) An electronic device, on and after the date that it ceases to be a covered electronic device pursuant to subdivision (
f) of
Section 25214.10.1 of the Health and Safety Code. (h) “Covered electronic waste” or “covered e-waste” means a covered electronic device that is discarded. (i) “Covered electronic waste recycling fee” or “covered e-waste recycling fee” means the fee imposed for covered electronic devices, as defined in subparagraph (
A) of paragraph (1) of subdivision (g), pursuant to
Article 3 (commencing with
Section 42464). (j) “Covered electronic waste recycler” or “covered e-waste recycler” means any of the following:
(1) A person who engages in the manual or mechanical separation of covered electronic devices to recover components and commodities contained therein for the purpose of reuse or recycling.
(2) A person who changes the physical or chemical composition of a covered electronic device, in accordance with the requirements of
Chapter 6.5 (commencing with
Section 25100) of Division of the Health and Safety Code and the regulations adopted pursuant to that chapter, by deconstructing, size reduction, crushing, cutting, sawing, compacting, shredding, or refining for purposes of segregating components, for purposes of recovering or recycling those components, and who arranges for the transport of those components to an end user.
(3) A manufacturer who meets any conditions established by this
chapter and
Chapter 6.5 (commencing with
Section 25100) of Division of the Health and Safety Code for the collection or recycling of covered electronic waste. (k) “Director” means the Director of Resources Recycling and Recovery. (l) “Discarded” has the same meaning as set forth in subdivision (
b) of
Section of the Health and Safety Code. (m) “Discount store” means a retail establishment that is primarily engaged in the sale of general merchandise, household goods, apparel, seasonal goods, and other consumer products at everyday low prices, and that operates on a self-service, high-volume, low-margin retail model.
A discount store does not include a general merchandise supercenter, hypermarket, warehouse club, membership club, or other big box retail format with a gross floor area exceeding 100,000 square feet or that devotes more than percent of its sales floor area to grocery, food, or other consumable goods. (n) “DTSC” means the Department of Toxic Substances Control. (o) “Electronic waste recovery payment” means an amount established and paid by CalRecycle pursuant to
Section 42477. (p) “Electronic waste recycling payment” means an amount established and paid by CalRecycle pursuant to
Section 42478. (q) “Hazardous material” has the same meaning as set forth in
Section of the Health and Safety Code. (r) (1) (A) “Manufacturer” means a person who manufactures a covered electronic device and who owns or is the exclusive licensee of the brand or trademark under which the covered electronic device is sold, offered for sale, or distributed in the state. (
B) If there is no person in the state who is the manufacturer for purposes of subparagraph (A), the manufacturer of the covered electronic device is the owner or licensee of a brand or trademark under which a covered electronic device is sold, offered for sale, or distributed in the state. (
C) If there is no person in the state who is the manufacturer for purposes of subparagraph (
A) or (B), the manufacturer of the covered electronic device is the person who sells, offers for sale, or distributes the covered electronic device into the state for sale, offer for sale, or distribution in the state.
(2) For purposes of this chapter, the sale of a covered electronic device shall be deemed to occur in the state if the covered electronic device is delivered to the purchaser in the state. (s) “Person” means an individual, trust firm, joint stock company, business concern, and corporation, including, but not limited to, a government corporation, partnership, limited liability company, and association. Notwithstanding
Section 40170, “person” also includes a city, county, city and county, district, commission, the state or a department, agency, or political subdivision thereof, an interstate body, and the United States and its agencies and instrumentalities to the extent permitted by law. (t) “Recycling” has the same meaning as set forth in subdivision (
a) of
Section 25121.1 of the Health and Safety Code. (u) “Refurbished,” when used to describe a covered electronic device, means a device that the manufacturer has tested and returned to a condition that meets factory specifications for the device, has repackaged, and has labeled as refurbished. (v) “Retailer” means a person who makes a retail sale of a new or refurbished covered electronic device. “Retailer” includes a manufacturer of a covered electronic device who sells that covered electronic device directly to a consumer through any means, including, but not limited to, a transaction conducted through a sales outlet, catalog, or the internet, or any other similar electronic means. “Retailer” also includes a “marketplace facilitator,” as defined in
Section of the Revenue and Taxation Code. (w) (1) “Retail sale” has the same meaning as set forth in
Section of the Revenue and Taxation Code. (2) “Retail sale” does not include the sale of a covered electronic device that is temporarily stored or used in the state for the sole purpose of preparing the covered electronic device for use thereafter solely outside the state, and that is subsequently transported outside the state and thereafter used solely outside the state. (x) “Thrift retail store” has the same meaning as defined in subdivision (
a) of
Section of the Government Code. (y) “Universal product code” or “UPC” means 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. (z) “Vendor” means a person that makes a sale of a covered electronic device for the purpose of resale to a retailer who is the lessor of the covered electronic device to a consumer under a lease that is a continuing sale and purchase pursuant to
Part 1 (commencing with
Section 6001) of Division of the Revenue and Taxation Code. (aa) “Video display device” means an electronic device with an output surface that displays, or is capable of displaying, moving graphical images or a visual representation of image sequences or pictures, showing a number of quickly changing images on a screen in fast succession to create the illusion of motion, including, if applicable, a device that is an integral part of the display, in that it cannot be easily removed from the display by the consumer, that produces the moving image on the screen.
A video display device may use, but is not limited to, a cathode ray tube (CRT), liquid crystal display (LCD), gas plasma, digital light processing, or other image projection technology.
SEC.
Section 42466.2 of the Public Resources Code is amended to read: 42466.2. (
a) A manufacturer of a “covered electronic device,” as defined in subparagraph (
B) of paragraph (1) of subdivision (
g) of
Section 42463, shall send a notice in accordance with the
schedule specified in subparagraph (
A) or (B), as applicable, of paragraph (1) of subdivision (c), to CalRecycle. The notice shall identify the covered electronic device, as defined in subparagraph (
B) of paragraph (1) of subdivision (
g) of
Section 42463, by brand, model number, and UPC, and shall inform CalRecycle that the electronic device, as defined in subparagraph (
B) of paragraph (1) of subdivision (
g) of
Section 42463, is a covered electronic device, as defined in subparagraph (
B) of paragraph (1) of subdivision (
g) of
Section 42463, and is subject to a covered battery-embedded waste recycling fee in accordance with subdivision (
b) of
Section 42464. (
b) A manufacturer subject to this
section shall also send a copy of each notice to CalRecycle in accordance with subdivision (
d) and in accordance with the
schedule specified in subparagraph (
A) or (B), as applicable, of paragraph (1) of subdivision (c), no later than March each year. (c)
(1) The notice required by CalRecycle shall be sent in accordance with the following schedule: (
A) The manufacturer shall send a notice within days from the date of first sale to a retailer or purchaser in this state covering any covered electronic device, as defined in subparagraph (
B) of paragraph (1) of subdivision (
g) of
Section 42463, manufactured by that manufacturer that is subject to this chapter. (
B) The manufacturer shall send a notice within days from the date of first sale to a retailer or purchaser in this state covering any product manufactured by that manufacturer that is exempt from the covered battery-embedded product definition, pursuant to paragraph (2) of subdivision (
g) of
Section 42463.
(2) Upon receipt of a notice directly from a manufacturer or the publication of a notice in the online database maintained by CalRecycle, a retailer shall have days to commence collection of the fee established in compliance with requirements of this chapter. (d)
(1) On or before March 1, 2027, CalRecycle shall develop a standardized online form for a manufacturer to send electronic notices to CalRecycle pursuant to this section. The form shall require each electronic notice to identify the covered electronic device, as defined in subparagraph (
B) of paragraph (1) of subdivision (
g) of
Section 42463, by brand, model number, and UPC, and the covered battery-embedded waste recycling fee.
(2) On or before May 1, 2027, CalRecycle shall create and maintain a searchable online database for the notices sent by a manufacturer pursuant to this
section and shall post that information on its internet website within days from the date of receipt of the notice required by this subdivision. The database shall identify covered electronic devices, as defined in subparagraph (
B) of paragraph (1) of subdivision (
g) of
Section 42463, by brand, model number, and UPC, and the applicable covered battery-embedded waste recycling fee for each device.
(3) CalRecycle shall consult with manufacturers and retailers to develop a standardized online upload process for purposes of this section. (e)
(1) This
section does not require a manufacturer to send notices to thrift retail stores.
(2) Consistent with paragraph (1), this
chapter does not require a thrift retail store that accepts a battery-embedded product as a donation to do any of the following: (
A) Collect personal donor data, including name and address, from the individual making the donation. (
B) Maintain records identifying the donor of those products. (
C) Provide or transmit donor-identifying information to any governmental entity, producer, stewardship organization, or third party.
SEC.
Section 42466.3 is added to the Public Resources Code , to read: 42466.3. (
a) Complaints or information alleging a violation of this
chapter relating to a covered battery-embedded product, including, but not limited to, alleged failures to comply with
Section 42466.2, may be submitted through the California Environmental Protection Agency’s environmental complaint system. (
b) Complaints received pursuant to subdivision (
a) may be referred by the California Environmental Protection Agency to CalRecycle for review, investigation, and enforcement, as appropriate. (
c) CalRecycle may investigate and take enforcement action on complaints or information received pursuant to this
section consistent with its authority pursuant to Sections and 42475. (
d) Submission of a complaint or information pursuant to this section, including a complaint submitted anonymously, does not, by itself, constitute a determination of noncompliance. (
e) This
section does not do either of the following:
(1) Limit the authority of CalRecycle to obtain information or initiate investigations through other means.
(2) Alter the duties and obligations of manufacturers, retailers, or other persons under this chapter.
SEC. 5.
Section of the Public Resources Code is amended to read: 42467. (
a) On or before March of each year, each manufacturer of a covered electronic device, as defined in subparagraph (
B) of paragraph (1) of subdivision (
g) of
Section 42463, sold in this state shall do both of the following:
(1) Submit to CalRecycle a report that includes all of the following information: (
A) An estimate of the number of covered electronic devices, as defined in subparagraph (
B) of paragraph (1) of subdivision (
g) of
Section 42463, sold by the manufacturer in the state during the previous year. (
B) The chemistry of the battery contained within the covered electronic devices, as defined in subparagraph (
B) of paragraph (1) of subdivision (
g) of
Section 42463, sold by the manufacturer. (
C) A baseline or set of baselines that show the total estimated amount of recycled materials contained in covered electronic devices, as defined in subparagraph (
B) of paragraph (1) of subdivision (
g) of
Section 42463, sold by the manufacturer in that year and the increase in the use of those recycled materials from the previous year.
(2) Make information available to consumers that describes where and how to return, recycle, and dispose of the covered electronic device, as defined in subparagraph (
B) of paragraph (1) of subdivision (
g) of
Section 42463, and opportunities and locations for the collection or return of the device, through the use of a toll-free telephone number, internet website, information labeled on the device, information included in the packaging, or information accompanying the sale of the covered electronic device, as defined in subparagraph (
B) of paragraph (1) of subdivision (
g) of
Section 42463.
(3) The notice shall provide sufficient specificity for the retailer to readily identify the product or products subject to the notice by brand, model number, and UPC. (
b) Any information submitted to CalRecycle pursuant to subdivision (
a) that is proprietary in nature or a trade secret shall be subject to protection under state laws and regulations governing that information.
SEC.
Article 4.5 (commencing with
Section 42468) is added to
Chapter 8.5 of Part of Division of the Public Resources Code , to read: 4.5. Discount Stores 42468. (
a) Notwithstanding any other law, the obligations in this
chapter do not apply to covered battery-embedded products sold, offered for sale, or distributed through discount stores until January 1, 2028. (
b) Until January 1, 2028, a discount store shall be deemed in compliance with this
chapter with respect to covered battery-embedded products if those products were legally sold, offered for sale, or distributed in the state. (
c) On and after January 1, 2028, a discount store shall comply with all applicable obligations pursuant to this
chapter on the same terms as other retailers.
SEC. 7. No reimbursement is required by this act pursuant to
Section 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