(SB 20, 2003, Sher, and SB 50, 2004, Sher)
EWRA was signed into law on September 24, 2003, and amended by SB 50 (Stats. 2004, ch. 863) on September 29, 2004. One of the major objectives of the Electronic Waste Recycling Act, as amended, is to establish a new program for consumers to return, recycle, and ensure the safe and environmentally sound disposal of video display devices, such as televisions and computer monitors, that are hazardous wastes when discarded. On January 1, 2005, California consumers began paying a fee of $6 to $10 at the time they purchase certain video display devices. Those fees are deposited into a special account that is used to pay qualified e-waste collectors and recyclers to cover their costs of managing e-waste.
The Electronic Waste Recycling Act has two main objectives:
1. To limit the amount of toxic substances in certain electronic products sold in California:
• The levels of lead, mercury, cadmium, and hexavalent chromium allowed in materials that make up covered electronic devices are limited by California’s Restrictions on the use of Hazardous Substances.
• Manufacturers of covered electronic devices are required to provide information to the CIWMB, demonstrating their efforts to: 1) reduce the levels of toxic substances in electronic devices they produce; 2) increase the use of recyclable materials in their products; and 3) provide outreach programs to consumers (Public Resource Code Section 42465.2).
2. To establish a funding system for the collection and recycling of discarded covered electronic devices.
• Retailers are required to collect a fee from the consumer upon the purchase of covered electronic devices. This fee is deposited in an account managed by the Board of Equalization.
• Upon approval of a payment claim, an approved recycler receives a payment from the Electronic Waste Recycling Account based on the weight of covered electronic devices recycled. An approved recycler is required to pass through a portion of this payment to any approved collectors from which the recycler received e-waste that was included in the payment claim. The first step for a handler or recycler wishing to becoming an approved collector or approved recycler is to notify DTSC at least 30 days prior to operation, and submit an application to CIWMB for approval in the payment program.
Note: Many electronic wastes are not included in the Electronic Waste Recycling Act but are still considered hazardous wastes and may not be discarded in the trash. These electronic wastes are not eligible for payment.
