text:
(a) Except as provided in subdivision (b), on or after July 1, 2006, a person shall not sell, offer to sell, or distribute for promotional purposes in this state, any of the following new or refurbished mercury-added products:

(1) A barometer.

(2) An esophageal dilator, bougie tube, or gastrointestinal tube.

(3) A flow meter.

(4) A hydrometer.

(5) A hydrometer or psychometer.

(6) A manometer.

(7) A pyrometer.

(8) A sphygmanometer.

(9) A thermometer.

(b) Subdivision (a) does not apply to the sale of a mercury-added product if the use of the product is required under a federal law or federal contract specification or if the only mercury-added component in the product is a button cell battery.

history: (History: Added by Stats. 2005, Ch. 578, Sec. 3. Effective January 1, 2006.)


kind: section

code: HSC

text:
(a) Except as provided in subdivisions (b) to (e), inclusive, and Section 25214.8.5, on or after July 1, 2006, a person shall not sell, offer to sell, or distribute for promotional purposes in this state, a new or refurbished mercury switch or mercury relay individually or as a product component.

(b) Subdivision (a) does not apply if the switch or relay is used to replace a switch or relay that is a component in a larger product in use prior to July 1, 2006, and one of the following applies:

(1) The larger product is used in manufacturing.

(2) The switch or relay is integrated in and not physically separate from other components of the larger product.

(c) Subdivision (a) does not apply to the sale of a mercury switch or mercury relay if use of the switch or relay is required under federal law or federal contract specification.

(d) Subdivision (a) does not apply to a mercury switch or a mercury relay that contains less than 1 milligram of mercury, if the manufacturer of the mercury switch or relay has notified the department of its plans to operate under an exemption pursuant to this subdivision. The notification shall be resubmitted to the department every three years. The initial and subsequent notifications shall be signed and dated, and shall include all of the following:

(1) The name of the manufacturer and the name, position, and contact information for the person who is the manufacturer’s contact person on all matters concerning the exemption.

(2) An identification and description of the mercury switch or mercury relay to which the exemption applies.

(3) A statement that the manufacturer certifies all of the following:

(A) The mercury switch or relay is hermetically sealed by the manufacturer.

(B) The mercury switch or relay is intended for industrial use in test and measurement instruments or in systems for monitoring and control applications.

(C) There is no substantially equivalent nonmercury alternative technology for the intended use of the switch or relay, considering all aspects of electrical performance, size, power consumption, product life, and cost.

(D) (1) The manufacturer, individually, or in conjunction with an industry or trade group, has developed and implemented an ongoing program for the proper end-of-life collection, transportation, and management of exempted mercury switches or relays sold in this state, including the removal of the mercury switch or mercury relay from the product in which it is contained.

(2) The program includes a consumer information component to ensure that users of the mercury switch or relay, and the products that contain the mercury switches or relays, are aware of available collection opportunities and legal requirements for management of the mercury switch or relay, once the switch or relay or the product becomes a waste.

(E) The manufacturer recognizes that the exemption provided by this subdivision becomes null and void if and when either of the following occurs:

(i) The manufacturer fails to submit a new exemption notification, meeting the requirements of this subdivision, within three years following submission of the prior exemption notification.

(ii) Any of the conditions set forth in subparagraphs (A) to (D), inclusive, are no longer satisfied.

(e) Subdivision (a) does not apply to the resale of a refurbished imaging and therapy system utilized for medical diagnostic purposes that includes a mercury switch or relay if the manufacturer of the imaging and therapy system has notified the department of its plans to operate under an exemption pursuant to this subdivision. The notification shall be signed and dated, and shall include all of the following:

(1) The name of the manufacturer and the name, position, and contact information for the person who is the manufacturer’s contact person on all matters concerning the exemption.

(2) An identification and description of the imaging and therapy system to which the exemption applies.

(3) A statement that the manufacturer certifies all of the following:

(A) The mercury switch or relay is integrated in, and not physically separate from, other components of the larger product.

(B) The larger product was initially manufactured prior to July 1, 2006.

(C) (1) The manufacturer, individually, or in conjunction with an industry or trade group, has developed and implemented an ongoing program for the proper end-of-life collection, transportation, and management of mercury switches or relays contained in exempted imaging and therapy systems sold in this state, including the removal of the mercury switch or mercury relay from the product in which it is contained.

(2) The program includes a consumer information component to ensure that users of the products that contain the mercury switches or relays are aware of available collection opportunities and legal requirements for management of the mercury switch or relay, and the products that contain the mercury switches or relays, once the switch or relay or the product becomes a waste.

(D) The manufacturer recognizes that the exemption provided by this subdivision becomes null and void if and when any of the conditions set forth in subparagraphs (A) and (B) are no longer satisfied.

history: (History: Added by Stats. 2005, Ch. 578, Sec. 4. Effective January 1, 2006.)

chapter: 6.5. Hazardous Waste Control

path: 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS > 6.5. Hazardous Waste Control > 10.2.1. Mercury-Added Thermostats, Relays, Switches, and Measuring Devices


text:
(a) A product containing a mercury switch or a mercury relay is exempt from subdivision (a) of Section 25214.8.4, if the manufacturer of the product, or a trade group representing the manufacture, has obtained an exemption, pursuant to the process described in subdivision (b), for the product. An exemption granted under subdivision (b) may apply to all or only to limited uses of the product. An exemption granted under subdivision (b) also applies to the sale to the product manufacturer of the mercury switch or relay to be contained in the product covered by the exemption.

(b) The department shall grant, or renew, an exemption from subdivision (a) of Section 25214.8.4 for a period of three years only if all of the following conditions are met:

(1) The manufacturer of the product, or a trade group representing the manufacturer, submits a request for an initial or renewed exemption to the department that specifies the use or uses of the product for which an exemption is requested along with supporting information that complies with the requirements set forth in subdivision (c). A manufacturer or trade group may submit a request only for a product and use for which there is no technical feasible alternative, available at a reasonable cost, to the use of the mercury switch or mercury relay in the product for purposes of that use.

(2) The supporting information submitted by the manufacturer or trade group demonstrates that the product is eligible for the exemption.

(3) The manufacturer or trade group requesting the exemption enters into a cost reimbursement agreement with the department, pursuant to subdivision (d), and complies with the terms of that agreement.

(c) The supporting information that a manufacturer or trade group submits to the department, before the department may grant an exemption pursuant to subdivision (b), shall include all of the following:

(1) The name of the manufacturer, or the trade group and the manufacturers represented by the trade group, requesting the exemption and the name, position, and contact information for the person who is the manufacturer’s or trade group’s contact person on all matters concerning the exemption.

(2) An identification and description of the product, and the use or uses of the product, for which the exemption is requested.

(3) An identification and description of the mercury switch or mercury relay, including identification of the manufacturer of the switch or relay, and an explanation of the need for, and functioning of, the mercury switch or mercury relay in the product.

(4) For each use for which an exemption is requested, information that fully and clearly demonstrates that there is no technically feasible alternative, available at a reasonable cost, to the use of the mercury switch or mercury relay in the product for purposes of that use. This shall include, but is not limited to, a description of past, current, and planned future efforts to seek or develop those alternatives, and a description of all alternatives that have been considered and an explanation of the technical or economic reasons as to why each alternative is not satisfactory.

(5) Information that fully and clearly demonstrates that the switch or relay or the product is constructed so as to prevent the release of mercury to the environment.

(6) A feasible, effective, detailed and complete plan for the proper collection, transportation, and management of the product at the end of its useful life, including removal and proper management of the mercury switch or mercury relay contained in the product, and information fully and clearly demonstrating that the manufacturer, individually, or in conjunction with an industry or trade group, is committed to and capable of implementing the plan. The plan shall include an education and outreach component to ensure that users of the product are aware of available collection opportunities and legal requirements for management of the product once it becomes a waste. An exemption granted pursuant to subdivision (b) shall become null and void if the manufacturer, individually, or in conjunction with an industry or trade group, has not implemented the plan submitted in support of the exemption request within six months of the effective date of the exemption.

(7) A copy of all similar exemption requests, including supporting documentation, submitted by the applicant to another state, and a copy of that state’s response to the exemption request.

(d) A manufacturer or trade group that requests an exemption, or an exemption renewal, pursuant to subdivision (b) shall enter into a written agreement with the department pursuant to the procedures set forth in Article 9.2 (commencing with Section 25206.1), for reimbursement of all costs incurred by the department in processing and responding to the request.

(e) Trade secrets, as defined in Section 25173, that are identified at the time of submission by a manufacturer or trade group, shall be treated as confidential as required by department procedures established pursuant to Section 25173. Any information that is not a trade secret, as defined in Section 25173, or that has not been identified by the manufacturer as a trade secret, shall be made available to the public upon request pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).

(f) (1) The department shall grant or deny an exemption requested pursuant to subdivision (b) no later than 180 calendar days after receiving the exemption request and all information determined by the department to be necessary to determine if all of the conditions specified in subdivision (b) are met.

(2) An exemption shall not be deemed to be granted if the department fails to grant or deny the exemption request within the time limit specified in paragraph (1)

(3) Nothing in this subdivision shall preclude the applicant and the department from mutually agreeing to an extension of the time limit specified in paragraph (1).

history: (History: Amended by Stats. 2021, Ch. 615, Sec. 248. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)

division: 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS

article: 10.2.1. Mercury-Added Thermostats, Relays, Switches, and Measuring Devices


text: On or after January 1, 2008, a person shall not sell, offer to sell, or distribute for promotional purposes in this state, a mercury diostat or a new or refurbished oven or gas range containing a mercury diostat.

history: (History: Added by Stats. 2005, Ch. 578, Sec. 6. Effective January 1, 2006.)


text: This article shall be known, and may be cited, as the Mercury Thermostat Collection Act of 2021.

history: (History: Amended by Stats. 2021, Ch. 703, Sec. 3. (AB 707) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)

path: 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS > 6.5. Hazardous Waste Control > 10.2.2. Mercury Thermostat Collection Act of 2021


text:
For purposes of this article, the following definitions apply:

(a) “Act” means the Mercury Thermostat Collection Act of 2021.

(b) “Department” means the Department of Toxic Substances Control.

(c) “Manufacturer” means a business concern that owns or owned a name brand of mercury-added thermostats sold in this state before January 1, 2006.

(d) “Mercury-added thermostat” has the same meaning as defined in paragraph (2) of subdivision (b) of Section 25214.8.1.

(e) “Out-of-service mercury-added thermostat” means a mercury-added thermostat that is removed from a building or facility in this state and is intended to be discarded.

(f) “Program” means a system for the collection, transportation, recycling, and disposal of out-of-service mercury-added thermostats that is financed, as well as managed or provided, by a manufacturer or collectively by a group of manufacturers pursuant to this act. “Program” also includes the education and outreach campaign conducted by a qualified third party to inform appropriate entities about the out-of-service mercury-added thermostat collection opportunities provided by the program.

(g) “Qualified third party” means a nonprofit organization, exempt from taxation pursuant to Section 501(c)(3) of the federal Internal Revenue Code of 1986 (26 U.S.C. Sec. 501(c)(3)), that is selected by a manufacturer, or group of manufacturers, pursuant to Section 25214.8.11.4 to implement the program.

(h) “Retailer” means a person who sells thermostats of any kind directly to a consumer through a selling or distribution mechanism, including, but not limited to, a sale using catalogs or the internet. A retailer may be a wholesaler if the person meets the definition of a wholesaler set forth in subdivision (j).

(i) “Thermostat” means a product or device that uses a switch to sense and control room temperature through communication with heating, ventilating, or air-conditioning equipment. “Thermostat” includes a thermostat used to sense and control room temperature in residential, commercial, industrial, and other buildings, but does not include a thermostat used to sense and control temperature as part of a manufacturing process.

(j) “Wholesaler” means a person engaged in the distribution and wholesale selling of heating, ventilation, and air-conditioning components to contractors who install heating, ventilation, and air-conditioning components, and whose total wholesale sales account for 80 percent or more of total sales. A manufacturer, as defined in subdivision (c), is not a wholesaler.

history: (History: Amended by Stats. 2021, Ch. 703, Sec. 4. (AB 707) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)

article: 10.2.2. Mercury Thermostat Collection Act of 2021


text:
(a) (1) (A) On or before September 30, 2022, and on or before September 30 of each year thereafter until September 30, 2028, each manufacturer shall, in accordance with this section, individually, or collectively with a group of manufacturers, do both of the following:

(i) Pay to the department an aggregate total, calculated in accordance with paragraph (2), and not to exceed four hundred thousand dollars ($400,000), to cover the actual and reasonable regulatory costs incurred by the department to administer, implement, and enforce this act for the fiscal year in which the payment is made.

(ii) Pay to the qualified third party the amount required pursuant to the annual payment schedule outlined in paragraph (1) of subdivision (e) and provide to the department written notice of each payment.

(B) On or before September 30, 2022, each manufacturer shall, in accordance with this section, individually, or collectively with a group of manufacturers, pay to the department an amount equal to the department’s actual and reasonable regulatory costs incurred to administer, implement, and enforce this act from January 1, 2022, to June 30, 2022, inclusive.

(C) If September 30 falls on a Saturday or Sunday, a payment required pursuant to subparagraphs (A) and (B) shall be due on the following Monday.

(D) A late payment pursuant to clause (i) of subparagraph (A) or subparagraph (B) shall be subject to interest beginning October 1 at a rate of 10 percent per annum pursuant to subdivision (a) of Section 79655.

(2) The total aggregate amount required to be paid to the department pursuant to clause (i) of subparagraph (A) of paragraph (1) shall be based on the sum of both of the following, less the amount of any fees paid by a manufacturer, or group of manufacturers, for the prior fiscal year that exceeded the department’s actual and reasonable regulatory costs to administer, implement, and enforce this act for that prior fiscal year:

(A) An amount that conforms to the total amount of moneys appropriated by the Legislature for expenditure that fiscal year from the fund, which shall not exceed the department’s actual and reasonable regulatory costs to administer, implement, and enforce this act for that fiscal year.

(B) An amount necessary to ensure a reasonable reserve in the fund that fiscal year for contingencies, including to ensure that funded programs will not be adversely affected by additional baseline expenditure adjustments that may occur in that fiscal year, as determined by the Department of Finance.

(3) (A) The department shall deposit all moneys paid by a manufacturer, or group of manufacturers, to the department pursuant to clause (i) of subparagraph (A) of paragraph (1) and subparagraph (B) of paragraph (1) into the Mercury Thermostat Collection Program Fund, which is hereby established.

(B) Upon appropriation by the Legislature, moneys in the Mercury Thermostat Collection Program Fund shall be used only for the following purposes:

(i) The department’s actual and reasonable regulatory costs in administering, implementing, and enforcing this act.

(ii) Reimbursement of any loans made to the Mercury Thermostat Collection Program Fund or repayment of any expenditures made from any other fund to finance the department’s actual and reasonable regulatory costs incurred to administer, implement, and enforce this act from January 1, 2022, to June 30, 2022, inclusive.

(iii) The actual and reasonable regulatory costs incurred by any other agency assisting the department in administering, implementing, and enforcing this act.

(C) Notwithstanding any other law, moneys in the Mercury Thermostat Collection Program Fund shall not be loaned to, or borrowed by, any other special fund or the General Fund.

(D) Moneys in the Mercury Thermostat Collection Program Fund shall not be expended for any purpose not enumerated in this act.

(b) (1) A manufacturer may individually remit a payment required pursuant to subparagraph (A) or (B) of paragraph (1) of subdivision (a), or a group of manufacturers may remit a payment on behalf of a group of manufacturers. Manufacturers shall apportion a payment or payments required pursuant to subparagraphs (A) and (B) of paragraph (1) of subdivision (a) among themselves in a fair and reasonable manner.

(2) If a payment required pursuant to subparagraph (A) or (B) of paragraph (1) of subdivision (a) is made on behalf of a group of manufacturers, the names of the manufacturers shall be included with the payment and in the written notice to the department required pursuant to clause (ii) of subparagraph (A) of paragraph (1) of subdivision (a) so the department can determine each manufacturer’s compliance with this act. If a manufacturer that is part of a group of manufacturers making a payment required pursuant to subparagraph (A) or (B) of paragraph (1) of subdivision (a) fails to make a payment, the group of manufacturers shall provide to the department a written notice of the nonpaying manufacturer’s identity and the apportioned payment amount for which the nonpaying manufacturer is responsible.

(c) If a manufacturer fails to make a payment pursuant to subparagraph (A) or (B) of paragraph (1) of subdivision (a) in accordance with this section, or pursuant to subdivision (f), the manufacturer’s thermostats shall be subject to a sales ban pursuant to subdivision (b) of Section 25214.8.12.

(d) (1) The Legislature intends that, by timely making all payments required pursuant to subparagraphs (A) and (B) of paragraph (1) of subdivision (a) and all payments required pursuant to subdivision (f), a manufacturer shall be deemed to have satisfied, and will have discharged or be released from, any liability, obligation, or violation established or alleged pursuant to this article, including the regulations adopted by the department pursuant to former Section 25214.8.17, as it existed before January 1, 2022.

(2) If a manufacturer timely makes all payments required pursuant to subparagraphs (A) and (B) of paragraph (1) of subdivision (a) and all payments required pursuant to subdivision (f), any consent order, summary of violation or violations, or other instrument or document, including, but not limited to, the February 10, 2016, Consent Order entered into between the department and 25 mercury-added thermostat manufacturers pursuant to Section 25187 and former Section 25214.8.17, establishing or alleging liability, obligations, or violations of that manufacturer pursuant to this article, including the regulations adopted by the department pursuant to former Section 25214.8.17, as it existed before January 1, 2022, shall be deemed stayed prior to the expiration of this act and deemed satisfied, discharged, released, or terminated upon the expiration of this act.

(e) (1) A manufacturer, or group of manufacturers, shall do all of the following:

(A) Provide to the qualified third party two million dollars ($2,000,000) in the first program year to effectively and efficiently develop and implement the education and outreach campaign required pursuant to subdivisions (c) to (f), inclusive, of Section 25214.8.11.5.

(B) Provide to the qualified third party one million two hundred thousand dollars ($1,200,000) annually in each of the subsequent five program years to carry out the education and outreach campaign required pursuant to subdivisions (c) to (f), inclusive, of Section 25214.8.11.5.

(C) Provide to the qualified third party one million one hundred thousand dollars ($1,100,000) in the seventh program year to carry out the education and outreach campaign required pursuant to subdivisions (c) to (f), inclusive, of Section 25214.8.11.5.

(D) Provide to the qualified third party an amount equal to the annual costs estimated by the qualified third party to develop and implement the program pursuant to this act.

(2) Any funds provided to the qualified third party pursuant to paragraph (1) that are not expended by the qualified third party in the program year in which the funds were received may be used by the qualified third party the following program year for the education and outreach campaign required pursuant to subdivisions (c) to (f), inclusive, of Section 25214.8.11.5.

(f) A manufacturer, or group of manufacturers, on or before January 1, 2023, and on or before January 1 of each year thereafter until January 1, 2029, shall provide to the qualified third party an amount equal to the actual costs incurred by the qualified third party that exceed the amount provided to the qualified third party pursuant to subparagraph (D) of paragraph (1) of subdivision (e).

history: (History: Amended by Stats. 2023, Ch. 131, Sec. 112. (AB 1754) Effective January 1, 2024. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)


text:
(a) On or before March 1, 2022, a manufacturer, or group of manufacturers, shall contract with or retain a qualified third party to develop and implement a convenient, cost-effective, and efficient program consistent with this act.

(b) A manufacturer, or group of manufacturers, shall issue a request for proposals for a qualified third party to develop and implement the program required pursuant to this act. The manufacturer, or group of manufacturers, shall consider all of the following factors when selecting a qualified third party to develop and implement the program:

(1) The qualified third party’s history and success of operating product takeback collection programs.

(2) The qualified third party’s ability to identify and provide information to consumers about out-of-service mercury-added thermostat collection locations.

(3) The qualified third party’s ability to ensure that transportation systems move waste safely and effectively.

(4) The qualified third party’s history of working with recycling or disposal experts, manufacturers, state and local governments, and retailers.

(5) The qualified third party’s ability to implement an effective education and outreach campaign.

(6) The qualified third party’s presence in the state and its ability to adequately engage with stakeholders in the state to develop and implement the program.

(7) Any other factors determined by the manufacturer, or group of manufacturers, to be relevant to the selection of a qualified third party to develop and implement the program.

history: (History: Added by Stats. 2021, Ch. 703, Sec. 6. (AB 707) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)


text:
A qualified third party selected by a manufacturer, or group of manufacturers, to develop and implement the program shall do all of the following:

(a) Collect, handle, and arrange for the appropriate management of out-of-service mercury-added thermostats in compliance with this act, unless these activities are performed by a manufacturer, or group of manufacturers, pursuant to paragraph (1) of subdivision (a) of Section 25214.8.13.

(b) (1) Ensure that the locations and methods established pursuant to the program to collect out-of-service mercury-added thermostats are sufficiently convenient in all parts of the state, including within rural communities, disadvantaged communities, as identified by the California Environmental Protection Agency pursuant to Section 39711, and low-income communities, as defined in paragraph (2) of subdivision (d) of Section 39713, to encourage the collection of out-of-service mercury-added thermostats. For the purpose of this paragraph, “sufficiently convenient” means both of the following:

(A) For at least 90 percent of state residents, a collection location is located within 15 miles of their residence.

(B) At least one collection location in each county in the state, unless there is no collection location in the county that is required to participate under this act or willing to participate voluntarily.

(2) The qualified third party may, in its discretion, provide for and establish a greater number of collection locations than required pursuant to paragraph (1) to maximize convenience and encourage the collection of out-of-service mercury-added thermostats.

(c) On or before July 1, 2022, develop and implement, and update as necessary, a statewide educational and outreach campaign to inform appropriate entities about the importance of safe recycling and disposal of out-of-service mercury-added thermostats, where and how to access out-of-service mercury-added thermostat collection locations, and how to access available out-of-service mercury-added thermostat collection incentives, as well as to coordinate program activities with various stakeholders, including, but not limited to, all of the following:

(1) The Contractors State License Board.

(2) Heating, ventilation, and air-conditioning contractors.

(3) Demolition and environmental contractors, and related associations.

(4) Municipal utility districts.

(5) Household hazardous waste collection programs.

(6) Apartment and property management associations and organizations.

(7) Homeowners.

(8) Rural districts.

(9) Retailers.

(10) Disadvantaged communities, as identified by the California Environmental Protection Agency pursuant to Section 39711, or low-income communities, as defined in paragraph (2) of subdivision (d) of Section 39713.

(11) The general public.

(12) The Public Utilities Commission.

(13) The State Energy Resources Conservation and Development Commission.

(d) (1) On or before July 1, 2022, create and distribute informational materials about the program that include, but are not limited to, all of the following:

(A) Signage that is prominently displayed and easily visible to consumers and contractors.

(B) Written materials and templates of materials for reproduction by retailers and wholesalers to be provided to consumers at the time of purchase, delivery, or both purchase and delivery of a thermostat. The materials shall include information on the prohibition of improper disposal of out-of-service mercury-added thermostats, requirements for the proper management of out-of-service mercury-added thermostats, out-of-service mercury-added thermostat collection locations, and the availability of out-of-service mercury-added thermostat collection bins.

(C) Advertising or other promotional materials, or both, that include references to out-of-service mercury-added thermostat collection opportunities.

(D) Materials to be used in direct communications with consumers and contractors at the time of purchase of a thermostat.

(E) A public service announcement promoting the proper management of out-of-service mercury-added thermostats, and a plan for a public service campaign using the public service announcement that includes the media and markets into which the public service announcement is to be distributed and aired on behalf of the program. Copies of the public service announcement shall be provided to the department for its use and promotion.

(F) Written materials, signage, and other advertising and promotional materials that provide information to consumers about how to access the available out-of-service mercury-added thermostat collection incentives.

(2) The informational materials created and distributed by the qualified third party pursuant to this subdivision shall be made available in a manner necessary to ensure that the informational materials are available to and accessible by all state residents, and shall be translated into Spanish, Chinese, Tagalog, Vietnamese, and Korean where any of these languages are spoken by a substantial number of the public to which the materials are being distributed.

(e) (1) On or before July 1, 2022, establish an internet website for the program that is accessible to the public. The qualified third party shall post all of the following on the internet website:

(A) Templates of educational materials, in a form and format that can be easily downloaded.

(B) Location information, by county, of all established out-of-service mercury-added thermostat collection sites in the state. Location information shall be posted and updated in a manner that allows members of the public to easily identify the most convenient location for collection of out-of-service mercury-added thermostats.

(C) Information about accessing available out-of-service mercury-added thermostat collection incentives.

(2) The department shall display on its internet website a link to the internet website for the program established by the qualified third party pursuant to paragraph (1).

(f) On or before July 1, 2022, develop strategies to work with all of the following to encourage their participation in the collection and proper management of out-of-service mercury-added thermostats:

(1) State utilities participating in demand response programs involving the replacement of thermostats. These strategies may include the inclusion of an educational insert in their customers’ utility bills.

(2) Wholesalers of thermostats in the state.

(3) Retailers and other outlets that sell thermostats directly to consumers in the state.

(4) Household hazardous waste collection facilities to partner with local take-back centers, including retailers and wholesalers, to facilitate convenient out-of-service mercury-added thermostat collection options for community members.

(g) (1) Provide out-of-service mercury-added thermostat collection incentives to consumers, of no less than thirty dollars ($30) per out-of-service mercury-added thermostat collected, and educate contractors, service technicians, and residents on the availability of the incentives.

(2) (A) A collection incentive available pursuant to paragraph (1) shall be available only to a consumer or service technician that attests, under penalty of perjury, to both of the following:

(i) Their California state residency.

(ii) That the returned out-of-service mercury-added thermostat or thermostats were removed from a building or facility in the state.

(B) For the purpose of subparagraph (A), “consumer” means an individual resident of the state who returns an out-of-service mercury-added thermostat to an established collection location and who is not a retailer or wholesaler.

(h) Notwithstanding any other provision in this act, the qualified third party shall only be required to implement subdivisions (c) to (f), inclusive, after January 1, 2029, if unspent funds from previous program years are available to further the implementation of these subdivisions.

history: (History: Added by Stats. 2021, Ch. 703, Sec. 7. (AB 707) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)


text:
(a) On or before June 1, 2022, the qualified third party shall provide to the department for review and approval the plan developed by the qualified third party to carry out the program elements identified in Sections 25214.8.11.5 and 25214.8.13.

(b) (1) Within 30 days of receipt of the qualified third party’s plan pursuant to subdivision (a), the department shall review the plan, determine whether the plan is complete, and notify the qualified third party, in writing, of the department’s determination. For the purpose of the department’s determination, the qualified third party’s plan shall be deemed complete if the plan addresses each program element identified in Sections 25214.8.11.5 and 25214.8.13.

(2) If the department determines that the plan is incomplete, the department shall identify, in writing, what additional information or modifications must be submitted to the department by the qualified third party to complete the plan. The qualified third party shall submit to the department a revised plan within 30 days of the date of the department’s written notification. The department shall review the revised plan within 30 days of receipt of the plan.

(c) (1) If the department determines that the plan submitted pursuant to subdivision (a) or revised plan submitted pursuant to paragraph (2) of subdivision (b) is complete, the department shall have 30 days from the date of its determination to review and approve the plan or revised plan.

(2) The department shall review the plan or revised plan for compliance with this act and shall do any of the following:

(A) Approve the plan or revised plan, in which case the department shall provide written notification to the qualified third party of the department’s approval of the plan.

(B) Conditionally approve the plan or revised plan, in which case the department shall provide written notification to the qualified third party of the department’s conditional approval of the plan. The department shall include in its written notification the basis for its conditional approval and describe, in detail, the requirements with which the qualified third party needs to comply in order to proceed to implement the plan in compliance with this act.

(C) (i) Disapprove the plan or revised plan, in which case the department shall provide written notification to the qualified third party of the department’s disapproval of the plan. The department shall include in its written notification the basis for its disapproval and require the qualified third party to submit to the department a revised plan within 30 days of the date of the department’s written notification disapproving the plan. The department shall review the revised plan within 15 days of receipt.

(ii) If the department determines that the revised plan submitted pursuant to clause (i) does not comply with this act, the manufacturer, or group of manufacturers, that contracted with or retained the qualified third party shall not be deemed to be in compliance with this act until the qualified third party submits, and the department approves or conditionally approves, a plan that complies with the requirements of this act.

(d) The time taken by the department to review and approve the qualified third party’s plan or revised plan pursuant to this section shall toll the qualified third party’s July 1, 2022, deadline to develop and implement the statewide educational and outreach campaign required pursuant to subdivisions (c) to (f), inclusive, of Section 25214.8.11.5 and the July 1, 2022, deadlines pursuant to clauses (ii) to (iv), inclusive, of subparagraph (A) of paragraph (1) of subdivision (a) of Section 25214.8.13.

(e) The program required by this article as it existed before January 1, 2022, shall remain in effect until the plan submitted by the qualified third party pursuant to this section is approved by the department and fully implemented by the qualified third party.

history: (History: Amended by Stats. 2023, Ch. 131, Sec. 113. (AB 1754) Effective January 1, 2024. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)


text:
(a) A manufacturer that fails to have a plan submitted by the qualified third party approved by the department pursuant to Section 25214.8.11.6 or a manufacturer that fails to make a payment required pursuant to either subparagraph (A) or (B) of paragraph (1) of subdivision (a) or subdivision (f) of Section 25214.8.11.2 shall be subject to the sales ban pursuant to subdivision (b).

(b) (1) A person shall not sell or offer for sale in this state a thermostat that is produced by a manufacturer that is not in compliance with this act.

(2) The sales prohibition in paragraph (1) shall be effective on the 120th day after the notice described in subdivision (c) listing noncompliant manufacturers is posted on the department’s internet website and shall remain in effect until the manufacturer is no longer listed on the department’s internet website.

(c) On or before July 1, 2023, and on or before January 1 and July 1 of each year thereafter, the department shall post a notice on its internet website listing manufacturers that are not in compliance with this act.

(d) A wholesaler or a retailer that distributes or sells mercury-added thermostats shall monitor the department’s internet website to determine if the sale of a manufacturer’s thermostats is in compliance with subdivision (b).

history: (History: Amended by Stats. 2022, Ch. 742, Sec. 2. (AB 732) Effective January 1, 2023. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)


text:
(a) (1) (A) Subject to paragraph (2), each manufacturer, or group of manufacturers, shall do all of the following:

(i) Collect, handle, and arrange for the appropriate management of out-of-service mercury-added thermostats in compliance with this act.

(ii) On and after July 1, 2022, provide collection bins for out-of-service mercury-added thermostat collection at no cost to a wholesaler in the state that sells thermostats.

(iii) On and after July 1, 2022, provide collection bins for out-of-service mercury-added thermostat collection at no cost to a retailer in the state that sells thermostats and requests a collection bin.

(iv) On and after July 1, 2022, provide collection bins for out-of-service mercury-added thermostat collection at no cost to a local governmental agency that requests a collection bin for use at a household hazardous waste collection facility or household hazardous waste event, and at no cost to a licensed contractor that requests a collection bin.

(v) Either arrange for pickup of the collection bins or pay for the costs of shipping the collection bins provided pursuant to clauses (ii) to (iv), inclusive, for proper handling and recycling or disposal of the out-of-service mercury-added thermostats.

(vi) On or before April 1, 2023, and on or before April 1 of each year thereafter, submit an annual report to the department covering the one-year period ending December 31 of the previous calendar year. Each report shall also be posted on the internet website created by the qualified third party pursuant to subdivision (e) of Section 25214.8.11.5. The annual report shall include all of the following:

(I) The number of out-of-service mercury-added thermostats collected in the state during the previous calendar year.

(II) The estimated total amount of mercury contained in the collected out-of-service mercury-added thermostats.

(III) The number of incentives provided to consumers and the total amount of incentives paid to consumers pursuant to the program during the previous calendar year.

(IV) An evaluation of the effectiveness of the program and the extent to which each element of the planned activities has been successful or could be modified to improve the effectiveness of the program.

(V) An accounting of the program administrative costs, including the most recent copy of Internal Revenue Service Form 990 for the qualified third party.

(VI) A description of the outreach strategies employed to increase participation, convenience, and collection rates, including dedicated outreach to rural communities, disadvantaged communities, as identified by the California Environmental Protection Agency pursuant to Section 39711, and low-income communities, as defined in paragraph (2) of subdivision (d) of Section 39713, and an assessment of the effectiveness of those outreach strategies.

(VII) Examples of outreach and educational materials used, including:

(aa) A description of the education and outreach conducted for each of the groups identified in subdivision (c) of Section 25214.8.11.5.

(ab) The date and form of education and outreach conducted for or at each collection location.

(ac) Data describing the scope, by medium, of all education and outreach conducted by the qualified third party, including, as applicable, online, digital, social, print, broadcast, or other media.

(VIII) Names and locations of all participating out-of-service mercury-added thermostat collection locations.

(IX) The number of out-of-service mercury-added thermostats collected at each collection location.

(X) The address for the internet website created by the qualified third party pursuant to subdivision (e) of Section 25214.8.11.5 where the annual report may be viewed online.

(XI) A description of how the collected out-of-service mercury-added thermostats were managed.

(XII) The results and analysis of the annual survey conducted by the qualified third party pursuant to Section 25214.8.13.5.

(XIII) Proposed modifications to the program.

(XIV) A description of the qualified third party’s expenditures incurred in developing and implementing the program.

(B) Subject to paragraph (2), on or before June 1, 2022, a manufacturer, or group of manufacturers, shall provide to the department for review and approval the plan developed by the manufacturer, or group of manufacturers, to carry out the requirements of this paragraph. The department shall review the plan in accordance with the procedures and timeframes outlined in subdivisions (b) to (d), inclusive, of Section 25214.8.11.6.

(2) A manufacturer, or group of manufacturers, may retain, but is not required to retain, the qualified third party to implement the requirements of paragraph (1).

(b) (1) On or before January 1, 2028, the department shall report to the Legislature on the status of the program.

(2) The department shall submit its report pursuant to paragraph (1) in compliance with Section 9795 of the Government Code.

history: (History: Amended by Stats. 2022, Ch. 742, Sec. 3. (AB 732) Effective January 1, 2023. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)


text:
(a) No later than July 1, 2023, and no later than July 1 of each year thereafter until July 1, 2028, the qualified third party shall conduct an annual survey of the groups listed in subdivision (c) of Section 25214.8.11.5 to evaluate the effectiveness of the education and outreach campaign developed by the qualified third party pursuant to that subdivision and to obtain collection data. The qualified third party shall transmit the annual survey results to the department by September 1 of the same year.

(b) The qualified third party shall post the results of the annual survey on the internet website created pursuant to subdivision (e) of Section 25214.8.11.5 and allow public comment on the survey for up to 30 calendar days after the survey is posted on the internet website. The department shall provide on its internet website a link to the qualified third party’s survey results and public comments.

(c) Until December 31, 2028, the qualified third party shall review the annual survey responses and public comments and, if warranted, by November 1 of the same year, submit to the department for its review and approval proposals to modify the program. The department shall evaluate the qualified third party’s proposals, provide feedback on the proposals to the qualified third party, and render a decision on the proposed modifications no later than December 1 of the same year. The modified plan shall be implemented the following calendar year to ensure that all out-of-service mercury-added thermostat collection locations are thoroughly informed about the program and its collection tools and are provided with any technical assistance that may be needed to increase the program’s effectiveness at out-of-service mercury-added thermostat collection locations where warranted.

history: (History: Amended by Stats. 2022, Ch. 742, Sec. 4. (AB 732) Effective January 1, 2023. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)


text:
(a) A wholesaler that distributes new thermostats and that has a physical location in the state shall act as a collection location for out-of-service mercury-added thermostats.

(b) A retailer or wholesaler that distributes new thermostats by mail to buyers in the state shall include with the sale of the new thermostat, an internet website address and a toll-free telephone number with instructions on obtaining a prepaid mail-in label that a consumer may use to send an out-of-service mercury-added thermostat to a collection location.

(c) A wholesaler that distributes new thermostats shall distribute the educational and outreach materials developed by the qualified third party pursuant to Section 25214.8.11.5 to the wholesaler’s customers.

history: (History: Amended by Stats. 2021, Ch. 703, Sec. 12. (AB 707) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)


text: A contractor who installs heating, ventilation, and air-conditioning components and who removes a mercury-added thermostat shall take the out-of-service mercury-added thermostat to a location that is authorized to collect out-of-service mercury-added thermostats.

history: (History: Amended by Stats. 2021, Ch. 703, Sec. 13. (AB 707) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)


text: A person who demolishes a building shall remove any mercury-added thermostats from the building before demolition in accordance with all applicable statutes and regulations, and take the out-of-service mercury-added thermostat to a location that is authorized to collect out-of-service mercury-added thermostats.

history: (History: Amended by Stats. 2021, Ch. 703, Sec. 14. (AB 707) Effective January 1, 2022. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)


text: The department shall repeal Chapter 24 (commencing with Section 66274.1) of Division 4.5 of Title 22 of the California Code of Regulations.

history: (History: Amended by Stats. 2022, Ch. 742, Sec. 5. (AB 732) Effective January 1, 2023. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)


text:
(a) The collection, handling, storage, and management of out-of-service mercury-added thermostats pursuant to this act shall be performed in compliance with this chapter and its implementing regulations.

(b) Nothing in this act shall be construed as affecting or modifying a person’s responsibility to otherwise comply with this chapter, including its implementing regulations, with respect to hazardous waste.

(c) Except as provided, nothing in this act shall limit or restrict the department’s enforcement authority pursuant to this chapter and its implementing regulations.

(d) Notwithstanding any other law, a qualified third party shall not be liable pursuant to this chapter for violations of this act.

history: (History: Amended by Stats. 2022, Ch. 28, Sec. 91. (SB 1380) Effective January 1, 2023. Repealed as of January 1, 2033, pursuant to Section 25214.8.19.)


text:
(a) Unless otherwise provided in this article, the obligations imposed by this article shall remain in effect until January 1, 2030.

(b) The Mercury Thermostat Collection Program Fund created by subparagraph (A) of paragraph (3) of subdivision (a) of Section 25214.8.11.2 shall be abolished on November 30, 2032.

(c) Any unencumbered moneys remaining in the fund on November 30, 2032, shall be refunded to the manufacturer, or group of manufacturers, that paid to the department the fees required pursuant to clause (i) of subparagraph (A) of paragraph (1) of subdivision (a) and subparagraph (B) of paragraph (1) of subdivision (a) of Section 25214.8.11.2.

(d) This article shall remain in effect only until January 1, 2033, and as of that date is repealed.

history: (History: Amended by Stats. 2022, Ch. 60, Sec. 31. (AB 203) Effective June 30, 2022. Repealed as of January 1, 2033, by its own provisions. Note: Repeal affects Article 10.2.2, commencing with Section 25214.8.10.)


text:
(a) The requirements and other provisions of Chapter 8.5 (commencing with Section 42460) of Part 3 of Division 30 of the Public Resources Code are incorporated by reference as requirements and provisions of this chapter.

(b) To the extent consistent with the federal act, the department may, by regulation, establish management standards as an alternative to one or more of the standards in this chapter, for any specified activity that involves the management of an electronic waste.

history: (History: Added by Stats. 2003, Ch. 526, Sec. 2. Effective January 1, 2004.)

article: 10.3. Electronic Waste

path: 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS > 6.5. Hazardous Waste Control > 10.3. Electronic Waste


text:
(a) For purposes of this section, “electronic device” has the same meaning as a “covered electronic device,” as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463 of the Public Resources Code. “Covered electronic device” does not include a covered battery-embedded product, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463 of the Public Resources Code.

(b) The department shall adopt regulations, in accordance with this section, that prohibit an electronic device 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, to the extent that Directive 2002/95/EC, adopted by the European Parliament and the Council of the European Union on January 27, 2003, and as amended thereafter by the Commission of European Communities, prohibits that sale due to the presence of certain heavy metals.

(c) The regulations adopted pursuant to subdivision (b) shall take effect January 1, 2007, or on or after the date Directive 2002/95/EC, adopted by the European Parliament and the Council of the European Union on January 27, 2003, takes effect, whichever date is later.

(d) The department shall exclude, from the regulations adopted pursuant to this section, the sale of an electronic device that contains a substance that is used to comply with the consumer, health, or safety requirements that are required by the Underwriters Laboratories, the federal government, or the state.

(e) In adopting regulations pursuant to this section, the department shall not require the manufacture or sale of an electronic device that is different than, or otherwise not prohibited by, the European Union under Directive 2002/95/EC, adopted by the European Parliament and the Council of the European Union on January 27, 2003.

(f) (1) The department shall not adopt any regulations pursuant to this section that impose any requirements or conditions that are in addition to, or more stringent than, the requirements and conditions expressly authorized by this section.

(2) In complying with this subdivision, the department shall use, in addition to any other information deemed relevant by the department, the published decisions of the Technical Adaptation Committee and European Union member states that interpret the requirements of Directive 2002/95/EC.

history: (History: Amended by Stats. 2022, Ch. 370, Sec. 1. (SB 1215) Effective January 1, 2023.)

article: 10.3. Electronic Waste


text:
(a) For purposes of this section, the following definitions shall apply:

(1) “Electronic device” means a video display device, as defined in Section 42463 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 42463 of the Public Resources Code.

(3) “Manufacturer” and “retailer” have the same meaning as set forth in Section 42463 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 42463 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 1 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 31 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 3 of Division 30 of the Public Resources Code, including the covered electronic waste recycling fee imposed pursuant to Section 42464 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 1 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 3 of Division 30 of the Public Resources Code, including the covered electronic waste recycling fee imposed pursuant to Section 42464 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 22 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 30 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 10 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 42474 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.

history: (History: Amended by Stats. 2022, Ch. 370, Sec. 2. (SB 1215) Effective January 1, 2023.)

article: 10.3. Electronic Waste


text: A regulation adopted pursuant to this article may be adopted as an emergency regulation in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, and safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, an emergency regulation adopted by the department pursuant to this section shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect for a period of two years or until revised by the department, whichever occurs sooner.

history: (History: Added by Stats. 2004, Ch. 863, Sec. 3. Effective September 29, 2004.)

article: 10.3. Electronic Waste


text:
(a) The Legislature finds and declares all of the following:

(1) The management of solid waste can pose a wide range of hazards to public health and safety and to the environment.

(2) Packaging comprises a significant percentage of the overall solid waste stream.

(3) The presence of heavy metals in packaging is a part of the total concern regarding the disposal of hazardous constituents in the solid waste stream, in light of the presence of heavy metals in emissions or ash when packaging is incinerated, or in leachate when packaging is disposed of in a solid waste landfill.

(4) Lead, mercury, cadmium, and hexavalent chromium, on the basis of available scientific and medical evidence, are of particular concern.

(5) It is desirable, as a first step in reducing the toxicity of packaging waste, and reducing the hazardous materials that may be disposed of in solid waste landfills, to eliminate the addition of these heavy metals to packaging.

(6) The intent of this article is to achieve this reduction in toxicity without impeding or discouraging the expanded use of recycled materials in the production of packaging and its components.

(b) This article shall be known, and may be cited, as the “Toxics in Packaging Prevention Act.”

history: (History: Added by Stats. 2003, Ch. 679, Sec. 1. Effective January 1, 2004.)

path: 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS > 6.5. Hazardous Waste Control > 10.4. Toxics in Packaging Prevention Act


text:
For purposes of this article, the following terms have the following meanings:

(a) “Authorized official” means a representative of a manufacturer or supplier who is authorized pursuant to the laws of this state to bind the manufacturer or supplier regarding the accuracy of the content of a certificate of compliance.

(b) “ASTM” means the American Society for Testing and Materials.

(c) “Distribution” means the practice of taking title to a package or a packaging component for promotional purposes or resale. A person involved solely in delivering a package or a packaging component on behalf of a third party is not engaging in distribution.

(d) (1) “Intentional introduction” means the act of deliberately utilizing a regulated metal in the formation of a package or packaging component where its continued presence is desired in the final package or packaging component to provide a specific characteristic, appearance, or quality.

(2) “Intentional introduction” does not include either of the following:

(A) The use of a regulated metal as a processing agent or intermediate to impart certain chemical or physical changes during manufacturing, where the incidental retention of a residue of that metal in the final package or packaging component is not desired or deliberate, if the final package or packaging component is in compliance with subdivision (c) of Section 25214.13.

(B) The use of recycled materials as feedstock for the manufacture of new packaging materials, where some portion of the recycled materials may contain amounts of a regulated metal, if the new package or packaging component is in compliance with subdivision (c) of Section 25214.13.

(e) “Incidental presence” means the presence of a regulated metal as an unintended or undesired ingredient of a package or packaging component.

(f) “Manufacturer” means any person, firm, association, partnership, or corporation producing a package or packaging component.

(g) “Manufacturing” means the physical or chemical modification of a material to produce packaging or a packaging component.

(h) (1) Except as provided in paragraph (2), “package” means any container, produced either domestically or in a foreign country, providing a means of marketing, protecting, or handling a product from its point of manufacture to its sale or transfer to a consumer, including a unity package, an intermediate package, or a shipping container, as defined in the ASTM specification D996. “Package” also includes, but is not limited to, unsealed receptacles, including carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs.

(2) “Package” does not include a reusable bag, as defined in subdivision (d) of Section 42250 of the Public Resources Code.

(i) “Packaging component” means any individual assembled part of a package that is produced either domestically or in a foreign country, including, but not necessarily limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, labels, dyes, pigments, adhesives, stabilizers, or any other additives. Tin-plated steel that meets the ASTM specification A623 shall be considered as a single package component. Electrogalvanized coated steel and hot dipped coated galvanized steel that meet the ASTM qualifications A591, A653, A879, and A924 shall be treated in the same manner as tin-plated steel.

(j) “Purchaser” means a person who purchases and takes title to a package or a packaging component, from a manufacturer or supplier, for the purpose of packaging a product manufactured, distributed, or sold by the purchaser.

(k) “Recycled material” means a material that has been separated from solid waste for the purpose of recycling the material as a secondary material feedstock. Recycled materials include paper, plastic, wood, glass, ceramics, metals, and other materials, except that recycled material does not include a regulated metal that has been separated from other materials into its elemental or other chemical state for recycling as a secondary material feedstock.

(l) “Regulated metal” means lead, mercury, cadmium, or hexavalent chromium.

(m) (1) “Supplier” means a person who does or is one or more of the following:

(A) Sells, offers for sale, or offers for promotional purposes, a package or packaging component that is used by any other person to package a product.

(B) Takes title to a package or packaging component, produced either domestically or in a foreign country, that is purchased for resale or promotional purposes.

(C) Acts as an intermediary for the purchase of a package or packaging component for resale from a manufacturer located in another country to a purchaser located in this state, and who may receive a commission or a fee on that sale.

(D) Listed as the importer of record on a United States Customs Service form for an imported package or packaging component.

(2) “Supplier” does not include a person involved solely in delivering a package or packaging component on behalf of a third party.

(n) “Toxics in Packaging Clearinghouse” means the Toxics in Packaging Clearinghouse (TPCH) of the Council of State Governments.

history: (History: Amended by Stats. 2009, Ch. 140, Sec. 110. (AB 1164) Effective January 1, 2010.)

article: 10.4. Toxics in Packaging Prevention Act


text:
(a) Except as provided in Section 25214.14, on and after January 1, 2006, a manufacturer or supplier may not offer for sale or for promotional purposes in this state a package or packaging component that includes a regulated metal, in the package itself, or in a packaging component, if the regulated metal has been intentionally introduced into the package or packaging component during manufacturing or distribution.

(b) Except as provided in Section 25214.14, on and after January 1, 2006, a person may not offer for sale or for promotional purposes in this state a product in a package that includes a regulated metal, in the package itself, or in a packaging component, if the regulated metal has been intentionally introduced into the package or packaging component during manufacturing or distribution.

(c) Except as provided in Section 25214.14, on and after January 1, 2006, a person may not offer for sale or for promotional purposes in this state a package, packaging component, or product in a package if the sum of the incidental total concentration levels of all regulated metals present in a single-component package or in an individual packaging component exceeds 100 parts per million by weight.

history: (History: Amended by Stats. 2008, Ch. 575, Sec. 11. Effective January 1, 2009.)


text:
A package or a packaging component is exempt from the requirements of Section 25214.13, and shall be deemed in compliance with this article, if the manufacturer or supplier complies with the applicable documentation requirements specified in Section 25214.15 and the package or packaging component meets any of the following conditions:

(a) The package or packaging component is marked with a code indicating a date of manufacture prior to January 1, 2006.

(b) A regulated metal has been added to the package or packaging component in the manufacturing, forming, printing, or distribution process, to comply with the health or safety requirements of a federal or state law.

(c) (1) The package or packaging component contains no intentionally introduced regulated metals, but exceeds the applicable maximum concentration level set forth in subdivision (c) of Section 25214.13 only because of the addition of a recycled material.

(2) This subdivision, and all exemptions provided pursuant to it, expire on January 1, 2010.

(d) (1) A regulated metal has been added to the package or packaging component in the manufacturing, forming, printing, or distribution process for a use for which there is no feasible alternative.

(2) For purposes of this subdivision, “a use for which there is no feasible alternative” means a use, other than for purposes of marketing, for which a regulated metal is essential to the protection, safe handling, or function, of the package’s contents, and technical constraints preclude the substitution of other materials.

(e) (1) The package or packaging component is reused and contains no intentionally introduced regulated metals, but exceeds the applicable maximum concentration level set forth in subdivision (c) of Section 25214.13, and all of the following apply:

(A) The product being conveyed by the package, the package, or packaging component is otherwise regulated under a federal or state health or safety requirement.

(B) The transportation of the packaged product is regulated under federal or state transportation requirements.

(C) The disposal of the package is otherwise performed according to the requirements of this chapter or Chapter 8 (commencing with Section 114960) of Part 9 of Division 104.

(2) This subdivision, and all exemptions provided pursuant to it, expire on January 1, 2010.

(f) (1) The package or packaging component has a controlled distribution and reuse and contains no intentionally introduced regulated metals, but exceeds the applicable maximum concentration level set forth in subdivision (c) of Section 25214.13.

(2) This subdivision, and all exemptions provided pursuant to it, expire on January 1, 2010.

(g) (1) The packaging or packaging component is a glass or ceramic package or packaging component that has a vitrified label, and that, when tested in accordance with the Waste Extraction Test, described in Appendix II of Chapter 11 (commencing with Section 66261.1) of Division 4.5 of Title 22 of the California Code of Regulations does not exceed 1.0 ppm for cadmium, 5.0 ppm for hexavalent chromium, or 5.0 ppm for lead. A glass or ceramic package or packaging component containing mercury is not exempted pursuant to this subdivision.

(2) A glass bottle package with paint or applied ceramic decoration on the bottle does not qualify for an exemption pursuant to this section, if the paint or applied ceramic decoration contains lead or lead compounds in excess of 0.06 percent by weight.

(3) This subdivision, and all exemptions provided pursuant to it, expire on January 1, 2010.

history: (History: Amended by Stats. 2008, Ch. 575, Sec. 12. Effective January 1, 2009.)


text:
(a) A package or packaging component qualifies for an exemption pursuant to Section 25214.14 only if the manufacturer or supplier prepares, retains, and biennially updates documentation containing all of the following information for that package or packaging component:

(1) A statement that the documentation applies to an exemption from the requirements of Section 25214.13.

(2) The name, position, and contact information for the person who is the manufacturer’s or supplier’s contact person on all matters concerning the exemption.

(3) An identification of the exemption and a reference to the applicable subdivision in Section 25214.14 setting forth the conditions for the exemption.

(4) A description of the type of package or packaging component to which the exemption applies.

(5) Identification of the type and concentration of the regulated metal or metals present in the package or packaging component, and a description of the testing methods used to determine the concentration.

(6) An explanation of the reason for the exemption.

(7) Supporting documentation that fully and clearly demonstrates that the package or packaging component is eligible for the exemption.

(8) The documentation listed in subdivisions (b), (c), (d), (e), (f), (g), or (h), whichever is applicable for the exemption.

(b) In addition to the requirements specified in subdivision (a), if an exemption is being claimed under subdivision (a) of Section 25214.14, the manufacturer or supplier shall prepare, retain, and biennially update documentation containing all of the following information for the package or packaging component to which the exemption applies:

(1) Date of manufacture.

(2) Estimated time needed to exhaust current inventory.

(3) Alternative package or packaging component that meets the requirements of Section 25214.13.

(c) In addition to the requirements specified in subdivision (a), if an exemption is being claimed under subdivision (b) of Section 25214.14, the manufacturer or supplier shall prepare, retain, and biennially update documentation that contains all of the following information for each regulated metal intentionally introduced in the package or packaging component to which the exemption applies:

(1) Identification of the specific federal or state law requiring the addition of the regulated metal to the package or packaging component.

(2) Detailed information that fully and clearly demonstrates that the addition of the regulated metal to the package or packaging component is necessary to comply with the law identified pursuant to paragraph (1).

(3) A description of past, current, and planned future efforts to seek or develop alternatives to eliminate the use of the regulated metal in the package or packaging component.

(4) A description of all alternative measures that have been considered, and, for each alternative, an explanation as to why the alternative is not satisfactory for purposes of achieving compliance with the law identified pursuant to paragraph (1).

(d) In addition to the requirements specified in subdivision (a), if an exemption is being claimed under subdivision (c) of Section 25214.14, the manufacturer or supplier shall prepare, retain, and biennially update documentation containing all of the following information for the package or packaging component to which the exemption applies:

(1) The type and percentage of recycled material or materials added to the package or packaging component.

(2) The type and concentration of each regulated metal contained in each recycled material added to the package or packaging component.

(3) Efforts to minimize or eliminate the regulated metals in the package or packaging component.

(4) A description of past, current, and planned future efforts to seek or develop alternatives to minimize or eliminate the use of the regulated metal in the package or packaging component.

(e) In addition to the requirements specified in subdivision (a), if an exemption is being claimed under subdivision (d) of Section 25214.14, the manufacturer or supplier shall prepare, retain, and biennially update documentation containing all of the following information for each regulated metal intentionally introduced into the package or packaging component to which the exemption applies:

(1) Detailed information and evidence that fully and clearly demonstrates how the regulated metal contributes to, and is essential to, the protection, safe handling, or functioning of the package’s contents.

(2) A description of past, current, and planned future efforts to seek or develop alternatives to minimize or eliminate the use of the regulated metal in the package or packaging component.

(3) A description of all alternative measures that have been considered, and, for each alternative, an explanation as to the technical constraints that preclude substitution of the alternative for the use of the regulated metal.

(4) Documentation that the regulated metal is not being used for the purposes of marketing.

(f) In addition to the requirements specified in subdivision (a), if an exemption is being claimed under subdivision (e) of Section 25214.14, the manufacturer or supplier shall prepare, retain, and biennially update documentation containing all of the following information for the package or packaging component to which the exemption applies:

(1) The percentage of reused materials.

(2) Identification of the federal or state health or safety law regulating the product being conveyed by the package, the package, or the packaging component.

(3) Identification of the federal or state transportation law regulating the transportation of the packaged product.

(4) Information demonstrating that the package is disposed of in accordance with the requirements of this chapter or Chapter 8 (commencing with Section 114960) of Part 9 of Division 104.

(5) A description of past, current, and planned future efforts to seek or develop alternatives to minimize or eliminate the use of the regulated metal in the package or packaging component.

(g) In addition to the requirements specified in subdivision (a), if an exemption is being claimed under subdivision (f) of Section 25214.14, the manufacturer or supplier shall prepare, retain, and biennially update documentation containing all of the following information for the package or packaging component to which the exemption applies:

(1) The percentage of reused materials.

(2) Information and evidence that demonstrates that the environmental benefit of the controlled distribution and reuse of the package or packaging component is significantly greater, as compared to the same package or packaging component manufactured in compliance with the applicable maximum concentration level set forth in subdivision (c) of Section 25214.13.

(3) A means of identifying, in a permanent and visible manner, any reusable package or packaging component containing a regulated metal for which the exemption is sought.

(4) A method of regulatory and financial accountability, so that a specified percentage of the reusable packages or packaging components that are manufactured and distributed to other persons are not discarded by those persons after use, but are returned to the manufacturer or identified designees.

(5) A system of inventory and record maintenance to account for reusable packages or packaging components placed in, and removed from, service.

(6) A means of transforming returned packages or packaging components that are no longer reusable into recycled materials for manufacturing, or a means of collecting and managing returned packages or packaging components as waste in accordance with applicable federal and state law.

(7) A description of past, current, and planned future efforts to seek or develop alternatives to minimize or eliminate the use of the regulated metal in the package or packaging component.

(h) In addition to the requirements specified in subdivision (a), if an exemption is being claimed under subdivision (g) of Section 25214.14, the manufacturer or supplier shall prepare, retain, and biennially update the following documentation for the package or packaging component to which the exemption applies:

(1) Applicable test data.

(2) A description of past, current, and planned future efforts to seek or develop alternatives to minimize or eliminate the use of the regulated metal in the package or packaging component.

(i) A manufacturer or supplier shall submit the documentation required pursuant to subdivisions (a) to (h), inclusive, to the department, as follows:

(1) Upon receipt of a written request from the department, the manufacturer or supplier shall, on or before 30 calendar days after the date of receipt, do one of the following:

(A) Submit the required documentation to the department.

(B) Submit a letter to the department indicating the date by which the documentation shall be submitted, which may be no more than 90 calendar days after the date of receipt of the department’s request.

(2) If the department finds that the documentation supplied pursuant to paragraph (1) is incomplete or incorrect, the department shall notify the manufacturer or supplier that the documentation is incomplete or incorrect, and the manufacturer or supplier shall submit complete and correct documentation to the department within 60 calendar days after the date of receipt of the notification.

(j) If a manufacturer or supplier fails to comply with subdivision (i) by any of the specified dates in that subdivision, the manufacturer or supplier shall, with respect to the package or packaging component to which the documentation request applies, comply with one of the following:

(1) Immediately cease to offer the package or packaging component for sale or for promotional purposes in this state.

(2) Replace the package or packaging component with a package or packaging component that conforms with the regulated metals limitations specified in Section 25214.13, in accordance with a schedule approved in writing by the department.

(3) Submit complete and correct documentation for the package or packaging component, in accordance with a schedule approved in writing by the department.

history: (History: Amended by Stats. 2008, Ch. 575, Sec. 13. Effective January 1, 2009.)


text:
(a) On and after January 1, 2006, each manufacturer or supplier shall furnish a certificate of compliance to the purchaser of a package or packaging component, even when the purchaser is also a supplier, stating that the package or packaging component is in compliance with the requirements of this article. However, if, pursuant to Section 25214.14, the package is exempt from the requirements of Section 25214.13, the certificate of compliance shall state the specific basis upon which the exemption is claimed. The certificate of compliance shall be signed by an authorized official of the manufacturer or supplier. A copy of the certificate of compliance shall be kept on file by the manufacturer or supplier of the package or packaging component.

(b) A purchaser of a package or packaging component subject to subdivision (a) shall retain the certificate of compliance for as long as the package or packaging component is in use by the purchaser.

(c) The manufacturer or supplier shall furnish to the department a copy of the certificate of compliance for each package or packaging component for which an exemption is claimed under Section 25214.14 at the time when a certificate of compliance for that package or packaging component is first furnished to a purchaser. If no exemption is claimed for a package or packaging component, the manufacturer or supplier shall provide to the department upon request a copy of the certificate of compliance for that package or packaging component.

(d) If a manufacturer or supplier of a package or packaging component subject to subdivision (a) reformulates or creates a new package or packaging component, the manufacturer or supplier shall provide the purchaser, and, if the package or packaging component is exempt, the department, with an amended or new certificate of compliance for the reformulated or new package or packaging component.

history: (History: Amended by Stats. 2007, Ch. 659, Sec. 3. Effective January 1, 2008.)


text:
(a) Except as provided in subdivision (b), the department, pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), shall provide the public with access to all information relating to a package or packaging component that has been submitted to the department by a manufacturer or supplier of a package or packaging component pursuant to this article.

(b) (1) The department shall keep confidential any information identified by the manufacturer or supplier, pursuant to paragraph (2), as a trade secret, as defined in Section 25173, in accordance with departmental procedures that have been adopted pursuant to Section 25173, if the department determines that this information meets that definition of a trade secret.

(2) A manufacturer or supplier providing information to the department pursuant to this article shall, at the time of submission, identify all information that the manufacturer or supplier believes is a trade secret. The department shall make available to the public any information that is not a trade secret.

history: (History: Amended by Stats. 2021, Ch. 615, Sec. 249. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)


text: If the department determines that other substances contained in packaging should be added as regulated metals to the list set forth in subdivision (l) of Section 25214.12 in order to further reduce the toxicity of packaging waste, the department may submit recommendations to the Governor and the Legislature for additions to the list, along with a description of the nature of the substitutes used in lieu of the recommended additions to the list.

history: (History: Amended by Stats. 2008, Ch. 575, Sec. 15. Effective January 1, 2009.)


text:
This article does not do the following:

(a) Affect a duty or other requirement imposed under federal or state law.

(b) Alter or diminish a legal obligation otherwise required in common law or by statute or regulation.

(c) Create or enlarge a defense in an action to enforce a legal obligation otherwise required in common law or by statute or regulation.

history: (History: Amended by Stats. 2004, Ch. 445, Sec. 8. Effective January 1, 2005.)


text:
(a) The provisions of this article are severable, and if a court holds that a phrase, clause, sentence, or provision of this article is invalid, or that its applicability to a person or circumstance is invalid, the remainder of the article and its applicability to other persons and circumstances may not be affected.

(b) The provisions of this article shall be liberally construed to give effect to the purposes of this article.


text: The department may enforce the requirements of this article pursuant to its authority to enforce this chapter under all applicable provisions of law.

history: (History: Added by Stats. 2004, Ch. 445, Sec. 9. Effective January 1, 2005.)


text:
(a) Except as provided in subdivision (b), a person who offers for retail sale or for promotional purposes a product in a package or in a packaging component that includes a regulated metal shall not be subject to any administrative or civil penalty for a violation of this article, if the person proves, by a preponderance of evidence, all of the following:

(1) The person received a certificate of compliance for the package or packaging component from the manufacturer or supplier.

(2) The certificate of compliance received pursuant to paragraph (1) stated that the package or packaging component is in compliance with the requirements of this article.

(3) The person relied on the certificate of compliance and did not know or had no reason to know that the package or packaging component was in violation of this article.

(4) Upon receiving a notice of violation from the department, the person took corrective action by immediately removing the package or packaging component from commerce.

(b) The affirmative defense specified in subdivision (a) does not apply to, and may not be raised by, a person who has been found to be in violation of this article on at least two prior occasions in the preceding three years from the filing date of the current action.

history: (History: Added by Stats. 2008, Ch. 575, Sec. 16. Effective January 1, 2009.)


text: A manufacturer or supplier of a package or packaging component who knowingly and intentionally offers for sale or for promotional purposes a package or packaging component in violation of this article is guilty of a misdemeanor punishable by a fine of not less than five thousand dollars ($5,000) nor more than one hundred thousand dollars ($100,000), by imprisonment in a county jail for not more than one year, or by both the fine and imprisonment.

history: (History: Added by Stats. 2008, Ch. 575, Sec. 17. Effective January 1, 2009.)


text:
(a) For the purpose of administering and enforcing this article, an authorized representative of the department, upon obtaining consent or after obtaining an inspection warrant pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure, may, upon presenting appropriate credentials and at a reasonable time, do any of the following:

(1) Enter a factory, warehouse, or establishment in which a package or packaging component is manufactured, packed, held, or sold; enter a vehicle that is being used to transport, hold, or sell the package or packaging component; or enter a place where a package or packaging component is suspected of being held or sold in violation of this article.

(2) Inspect a factory, warehouse, establishment, vehicle, or place described in paragraph (1), and all pertinent equipment, raw material, finished and unfinished materials, containers, and labeling in the factory, warehouse, establishment, vehicle, or place. In the case of a factory, warehouse, or establishment in which a package or packaging component is manufactured, packed, held, or sold, inspection shall include any record, file, paper, process, control, and facility that has a bearing on whether the package, packaging component, or product in a package is being manufactured, packed, held, transported, sold, offered for sale, or offered for promotional purposes in violation of this article.

(3) Have access to all records of a carrier in commerce relating to the movement in commerce of a package or packaging component, or the holding of that package or packaging component during or after the movement, and the quantity, shipper, and consignee of the package or packaging component. A carrier shall not be subject to the other provisions of this article by reason of its receipt, carriage, holding, or delivery of a product in a package or packaging component in the usual course of business as a carrier.

(b) An authorized representative of the department shall be deemed to have received implied consent to enter a retail establishment, for purposes of this section if the authorized representative enters the location of that retail establishment where the public is generally granted access.

history: (History: Added by Stats. 2008, Ch. 575, Sec. 18. Effective January 1, 2009.)


text:
(a) When taking an action authorized pursuant to Section 25214.23, an authorized representative of the department may secure a sample of a package, packaging component, or product in a package. If the representative obtains a sample prior to leaving the premises, he or she shall leave a receipt describing the sample obtained.

(b) The department shall return, upon request, a sample that is not destroyed during testing when the department no longer has any purpose for retaining the sample.

(c) A sample that is secured in compliance with this section and found to be in compliance with this article that is destroyed during testing shall be subject to a claim for reimbursement.

history: (History: Added by Stats. 2008, Ch. 575, Sec. 19. Effective January 1, 2009.)


text: The department may adopt regulations to implement this article, as deemed necessary to further the purposes of this article.

history: (History: Added by Stats. 2008, Ch. 575, Sec. 20. Effective January 1, 2009.)


text: This article shall be known, and may be cited, as the Lead-Acid Battery Recycling Act of 2016.

history: (History: Repealed (in Sec. 2) and added by Stats. 2016, Ch. 666, Sec. 1. (AB 2153) Effective September 26, 2016. Section operative January 1, 2017, pursuant to Section 25215.75.)

path: 20. MISCELLANEOUS HEALTH AND SAFETY PROVISIONS > 6.5. Hazardous Waste Control > 10.5. The Lead-Acid Battery Recycling Act of 2016