(

a) For purposes of this section, the following

definitions shall apply: (1) “Electronic device” means a video display device, as defined in

Section of the Public Resources Code, with a screen size of greater than four inches. (2) “Covered electronic device” has the same meaning as a covered electronic device, as defined in paragraph (1) of subdivision (

g) of

Section of the Public Resources Code. (3) “Manufacturer” and “retailer” have the same meaning as set forth in

Section of the Public Resources Code. (

b) Notwithstanding the definition of “covered electronic device” in paragraph (2) of subdivision (a), the obligations of the department established in subdivisions (

c) to (f), inclusive, apply only to covered electronic devices specified in subparagraph (

A) of paragraph (1) of subdivision (

g) of

Section of the Public Resources Code. (

c) The department shall adopt regulations that identify electronic devices that the department determines are presumed to be, when discarded, a hazardous waste pursuant to this chapter. (d)

(1) Except as provided in subdivision (f), a manufacturer of an electronic device that is identified in the regulations adopted by the department shall send a notice in accordance with the

schedule specified in subparagraph (

A) or (B), as applicable, of paragraph (2) to any retailer that sells that electronic device manufactured by the manufacturer. The notice shall identify the electronic device, and shall inform the retailer that the electronic device is a covered electronic device and is subject to a fee in accordance with subdivision (e).

(2) The notice required by this subdivision shall be sent in accordance with the following schedule: (

A) On or before October 1, 2004, the manufacturer shall send a notice covering any electronic device manufactured by that manufacturer that is identified in the regulations adopted by the department on or before July 1, 2004, that identify the electronic devices that the department determines are presumed to be, when discarded, a hazardous waste pursuant to this chapter. (

B) On or before April 1, 2005, and on or before every April of each year thereafter, the manufacturer shall send a notice covering any electronic device manufactured by that manufacturer identified in the regulations adopted by the department pursuant to subdivision (

c) on or before December of the prior year.

(3) If a retailer sells a refurbished covered electronic device, the manufacturer is required to comply with the notice requirement of this subdivision only if the manufacturer directly supplies the refurbished covered electronic device to the retailer. (e)

(1) Except as provided in subdivision (f), a covered electronic device that is identified in the regulations adopted, on or before July 1, 2004, by the department, that identify electronic devices that the department determines are presumed to be, when discarded, a hazardous waste pursuant to this

chapter shall, on and after January 1, 2005, be subject to

Chapter 8.5 (commencing with

Section 42460) of Part of Division of the Public Resources Code, including the covered electronic waste recycling fee imposed pursuant to

Section of the Public Resources Code.

(2) Except as provided in subdivision (f), a covered electronic device identified in the regulations adopted by the department, pursuant to subdivision (c), shall, on and after July of the year subsequent to the year in which the covered electronic device is first identified in the regulations, be subject to

Chapter 8.5 (commencing with

Section 42460) of Part of Division of the Public Resources Code, including the covered electronic waste recycling fee imposed pursuant to

Section of the Public Resources Code. (f)

(1) If the manufacturer of an electronic device that is identified in the regulations adopted by the department pursuant to subdivision (

c) obtains the department’s concurrence that an electronic device, when discarded, would not be a hazardous waste, in accordance with procedures set forth in

Section 66260.200 of Title of the California Code of Regulations, the electronic device shall cease to be a covered electronic device and shall cease to be subject to subdivisions (

d) and (

e) on the first day of the quarter that begins not less than days after the date that the department provides the manufacturer with a written nonhazardous concurrence for the electronic device pursuant to this subdivision. A manufacturer shall notify each retailer, to which that manufacturer has sold a covered electronic device, that the device has been determined pursuant to this subdivision to be nonhazardous and is no longer subject to a covered electronic waste recycling fee.

(2) No later than days after the date that the department issues a written nonhazardous concurrence to the manufacturer, the department shall do both of the following: (

A) Post on the department’s internet website a copy of the nonhazardous concurrence, including, but not limited to, an identification and description of the electronic device to which the concurrence applies. (

B) Send a copy of the nonhazardous concurrence, including, but not limited to, an identification and description of the electronic device to which the concurrence applies, to the Department of Resources Recycling and Recovery and to the California Department of Tax and Fee Administration. (

g) Notwithstanding

Section of the Public Resources Code, a fine or penalty shall not be assessed on a retailer who unknowingly sells, or offers for sale, in this state a covered electronic device for which the covered electronic waste recycling fee has not been collected or paid, if the failure to collect the fee was due to the failure of the California Department of Tax and Fee Administration to inform the retailer that the electronic device was subject to the fee.