California Public Resources Code 42485 – Except as provided in subdivision (b) of Section 42486, CalRecycle …
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:
Terms Used In California Public Resources Code 42485
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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.
(Amended by Stats. 2022, Ch. 370, Sec. 31. (SB 1215) Effective January 1, 2023. Note: Termination provisions affect Chapter 8.5, commencing with Section 42460.)