1. (a) For the purposes of this Chapter, the following shall apply:

   1. (1) “Act” or “the Act” means the Electronic Waste Recycling Act of 2003 (Senate Bill 20, Chapter 526, Statutes of 2003), as amended.
   2. (2) “Approved Collector” means an authorized collector as defined in Section 42463(b) of the Public Resources Code who applies to CalRecycle for approval and whose application is approved pursuant to this Chapter and therefore may be eligible for recovery payments from approved recyclers.
   3. (3) “Approved Dual Entity” means an entity that is both an “approved collector” and an “approved recycler” as defined in this Section.
   4. (4) “Approved Recycler” means a “covered electronic waste recycler” as defined in Section 42463(j) of the Public Resources Code who applies to CalRecycle for approval and whose application is approved pursuant to this Chapter and therefore may be eligible for recycling payments from CalRecycle.
   5. (5) “Authorized Signatory” or “Signatory Authority” means the person(s) who has authority to legally bind a person, collector, recycler, dual entity, local government, or manufacturer to a contract.
   6. (6) “Bare CRT” means a Cathode Ray Tube with the vacuum relieved and the yoke removed that has been separated from the device housing and has had all circuit boards, wiring and other components detached from the tube.
   7. (7) “Bare Panel” means an LCD, plasma, or other non-CRT video display panel that has been separated from the device housing and has had all circuit boards, lamps, wiring and other components detached from the panel. Lamps may remain affixed to an otherwise bare panel only if they cannot be removed without breaking.
   8. (8) “Battery Chemistry” means the specific combination of materials used in the cathode, anode, and electrolyte of the battery. Types of battery chemistries include, but are not limited to, lithium-ion, nickel-metal hydride, nickel-cadmium, and small sealed lead-acid.
   9. (9) “Cancellation” means a processing or treatment method that qualifies CEW for recycling payments, removes the CEW from the payment system eliminating the possibility of double payments, dismantles or destroys the original CEW, and results in treatment residuals as specified in Section 18660.32 of this Chapter.
   10. (10) “Claim Activity Period” means the span of time during which an approved recycler received CEW from approved collectors, processed and cancelled CEW, and shipped treatment residuals, as required, that results in a recycling payment claim being submitted to CalRecycle.
   11. (11) “CRT” means a Cathode Ray Tube with the yoke still attached that has been separated from a CRT device.
   12. (12) “CRT device” means a whole covered electronic device containing a Cathode Ray Tube.
   13. (13) “California Source” means persons, as defined in Section 42463(r) of the Public Resources Code, who generate CEW after their own use of a Covered Electronic Device within the State of California. Persons who receive, accumulate, consolidate, store, or otherwise handle discarded, donated or collected CEW are not the California sources of those CEW. For purposes of this chapter, “use” or “using” means operating the Covered Electronic Device in a manner consistent with ownership, including business or personal ownership, or the leasing of a Covered Electronic Device so long as the lessees operate the Covered Electronic Device within the State of California.
   14. (14) “CalRecycle” means the Department of Resources Recycling and Recovery.
   15. (15) “Collection log” means a record maintained by an approved collector that records CEW collection activities as specified in Section 18660.20(j) of this Chapter.
   16. (16) “Collective Report” means a report submitted to CalRecycle through a trade association, a group of associations, or other organization that represents more than one manufacturer.
   17. (17) “Commingled” means mixed together and impossible to economically or practically separate.

   18. (18) “Commonly used household tools” or “common household tools” means tools that are routinely used by households.

       1. (A) The following items are categorically considered to be commonly used household tools:

          1. 1. Flathead, crosshead, and Phillips screwdrivers;
          2. 2. Paper clips;
          3. 3. Coins; and
          4. 4. Hex keys.

       2. (B) Commonly used household tools or common household tools do not include the following items:

          1. 1. Hammers, mallets, scissors, pliers, knives, ratchets, saws, or chisels;
          2. 2. Screwdrivers with drive tips that are not available for purchase by the general public, only used for the products of a single manufacturer or brand, or have an active U.S. patent;

          3. 3. Tools that are only available to:

             1. a. A consumer with the purchase of a product;
             2. b. Persons who are employees of or are contracted with the manufacturer or brand; or
             3. c. Persons holding a required licensure or certification;
          4. 4. Tools that require the use of batteries, electricity, or fuel to power; or

          5. 5. Tools that require the application of heat, solvents, or significant force to separate a covered battery from a product.

             (18.5) “Covered Battery-Embedded Product” or “CBEP” has the same meaning, for the purposes of this Chapter, as a covered battery-embedded product specified in Section 42463(f)(1)-(2) of the Public Resources Code.

       3. (A) A motor vehicle is not a covered battery-embedded product.
   19. (19) “Covered Electronic Device” or “CED” has the same meaning, for the purposes of this Chapter, as a covered electronic device specified in Section 42463(g)(1)(A)-(B) of the Public Resources Code.
   20. (20) “Covered Electronic Waste” or “CEW” has the same meaning, for the purposes of this Chapter, as covered electronic waste specified in Section 42463(h) of the Public Resources Code, which defines “covered electronic waste” or “covered e-waste” as a covered electronic device, defined in Section 42463(g)(1)(A)-(B) of the Public Resources Code, that is discarded.
   21. (21) “Designated Approved Collector” means an approved collector, as defined in subsection (a)(2) of this section, that has been designated by a California Local Government to provide CEW collection services for or on behalf of the Local Government in accordance with Article 7 of this Chapter.

   22. (22) “Designed to be easily removed from a product by the user of the product, with no more than commonly used household tools” means that the product is manufactured so that the included batteries can be simply and readily removed by a consumer using the product using no more than commonly used household tools or common household tools.

       1. (A) Except as provided in subsection (C)3., a battery that is glued or otherwise secured within the product by the manufacturer in a manner that requires more than commonly used household tools or common household tools or a trained technician to remove is not considered to meet this definition.

       2. (B) The following are examples of batteries that are designed to be easily removed:

          1. 1. A battery that is marketed to be removed from a product by the consumer using commonly used household tools or common household tools.
          2. 2. A battery contained in a product that has a warranty or instructions acknowledging or permitting consumer battery removal using common household tools.
          3. 3. A battery that charges or powers the product, such as by physically abutting it or by the insertion of its cable into the product, and can be manually removed from the product without the use of any tools.

       3. (C) Notwithstanding the foregoing:

          1. 1. A battery is not designed to be easily removed from a product if both of the following are true:

             1. a. A tool that is not a common household tool or commonly used household tool exists for fastening a compartment containing a battery, and
             2. b. The battery can be removed using a common household tool or commonly used household tool, but use of such a tool would void the product's warranty.
          2. 2. A battery is not designed to be easily removed if, by means of a label affixed to the product or written prohibition that can be found in a manufacturer's warranty, product instructions, or a subsequently issued notice to consumers, the manufacturer advises consumers not to remove the battery from the product, even if such a removal could physically be accomplished using common household tools.
          3. 3. A key, application, or other locking device provided to the consumer by the manufacturer of the product or battery that is warranted by the manufacturer of the product or battery to serve solely to prevent theft of the battery or tampering by persons other than the consumer and not to inhibit the consumer's ability to remove, replace, or recycle the battery shall not prevent a battery from being considered designed to be easily removed from a product by the user of the product, with no more than common household tools.
   23. (23) “DTSC” means the Department of Toxic Substances Control.
   24. (24) “Further treat” means, for the purposes of this Chapter, activities such as crushing, size reduction, washing, cleaning, smelting, or similar steps taken to process the treatment residual and alter its physical form or characteristics. “Further treat” does not mean, for the purposes of this Chapter, receiving, storing, accumulating, consolidating, brokering, shipping, disposing or other similar activities that do not alter the physical form or characteristics of the treatment residual.
   25. (25) “Handler”, for the purposes of this Chapter, has the same meaning as a universal waste handler or CRT material handler, as applicable, as defined in Section 66273.9 of Title 22 of the California Code of Regulations.
   26. (26) “Illegal Disposal” means, for the purposes of this Chapter, the disposal or placement of CEW on a property without the permission of the owner(s) of, or responsible party(ies) for, the property.
   27. (27) “Initial Destination” means, for the purposes of this Chapter, the location(s) to which treatment residuals are initially shipped by an approved recycler.
   28. (28) “Load” means a single transfer (a pick up or delivery) of CEW, such as from a California source to a collector or from a collector to a recycler.

   29. (29) “Load Check Activities” means, for the purposes of this Chapter, the efforts made to identify, retrieve and divert from the disposed solid waste stream those CEW that have been illegally discarded by generators. “Load Check Activities” do not include the rejection or acceptance of CEW due to the lack of source documentation.

       1. (A) “Motor vehicle” does not include any of the following:

          1. 1. A motorized scooter.
          2. 2. A motorized skateboard.
          3. 3. A motorized hoverboard.

       (29.5) “Motor vehicle” has the same meaning as set forth in Section 415 of the Vehicle Code.

   30. (30) “Non-CRT CEW” or “non-CRT containing CEW” means a covered electronic device that is a video display device, as defined in Public Resources Code section 42463(g)(1)(A), but which does not contain a cathode ray tube (CRT).
   31. (31) “PBBs” mean Polybrominated Biphenyls.
   32. (32) “Processing log” means a record maintained by an approved recycler that records CEW activities associated with CEW cancellation, such as but not limited to weighing and dismantling, as specified in Section 18660.21(b) of this Chapter.

   33. (33) “Product Category” means the types of covered electronic devices as defined in Section 42463(g)(1)(A)-(B) of the Public Resources Code. These categories include, but are not limited to, the following:

       1. (A) Cathode Ray Tubes (CRTs) devices used in televisions,
       2. (B) CRTs devices used in monitors,
       3. (C) Liquid Crystal Display (LCD) monitors,
       4. (D) Laptop computers containing LCD screens,
       5. (E) LCD televisions,
       6. (F) Plasma display televisions, and
       7. (G) Other video display devices as specified by the DTSC pursuant to Section 25214.10.1(b) of the Health and Safety Code.
       8. (H) Covered battery-embedded products pursuant to Section 42463(f)(1) and (2) of the Public Resources Code.
   34. (34) “Proof of Approval” means the status of an approved collector or approved recycler, as portrayed on the CalRecycle website. The Proof of Approval is associated with an unique identification number issued by CalRecycle to identify an approved collector, recycler, or dual entity.
   35. (35) “Proof of Designation” means a document issued by a California Local Government to a Designated Approved Collector in accordance with Article 7 of this Chapter.
   36. (36) “Receiving log” means a record maintained by an approved recycler that documents CEW transfers from approved collectors to the approved recycler.
   37. (37) “Recovery payment” means the payment made by an approved recycler to an approved collector in exchange for the transfer of CEW pursuant to Section 42477 of the Public Resources Code.
   38. (38) “Recovery payment request” means an approved collector's request for recovery payment made to an approved recycler accompanying the transfer of CEW.
   39. (39) “Recycling payment” means the payment made by CalRecycle to an approved recycler that includes a recovery component related to recycler payments to collectors pursuant to Section 42477 of the Public Resources Code and a recycling component for CEW cancellation pursuant to Section 42478 of the Public Resources Code.
   40. (40) “Recycling payment claim” means an approved recycler's claim that includes all required documentation submitted to CalRecycle for recycling payments for cancelled CEW.

   41. (41) “Signature” or “signed” means either of the following:

       1. (A) An original handwritten signature; or

       2. (B) An electronic signature. An electronic signature includes an electronic sound, symbol, or process attached to or logically associated with an electronic record, executed or adopted by a party with the intent to represent an original handwritten signature.

          1. (1) For claims submitted through CalRecycle's designated electronic information submittal system available from CalRecycle's website, a username and password shall be considered an electronic signature.
          2. (2) An electronic signature may not be denied legal effect, validity, or enforceability solely on the ground that it is electronic.
          3. (3) An electronic signature shall be binding on all persons and for all purposes under the law, as if the signature had been handwritten on an equivalent paper document.
   42. (42) “Source-anonymous CEW” means CEW whose originating California source cannot be identified in collection log information required pursuant to Section 18660.20(j)(1)(B) of this Chapter.
   43. (43) “Source documentation” means collection logs and other information developed, maintained and transferred pursuant to Section 18660.20(h) of this Chapter that demonstrates the eligibility, originating generator or intermediate handlers of collected CEW as applicable.
   44. (44) “Standard Statewide Recovery Payment Rate” means the amount paid to an approved collector per pound of CEW transferred to an approved recycler to cover the cost of collection, consolidation and transportation of CEW as established pursuant to Section 42477 of the Public Resources Code.
   45. (45) “Standard Statewide Combined Recycling and Recovery Payment Rates” means the amount paid to an approved recycler per pound of CEW cancelled and claimed to cover the cost of receiving, processing and recycling CEW as established pursuant to Section 42478 of the Public Resources Code, and making recovery payments to approved collectors.
   46. (46) “Transfer” or “Transferred” means physically changing possession of CEW, such as a transfer from a California source to a collector or from a collector to a recycler.
   47. (47) “Transfer documentation” means, for the purposes of this Chapter, records or receipts that record the transfer of CEW from an approved collector to an approved recycler, which include the weight, number, and source of the transferred CEW, and the date(s) of transfer.
   48. (48) “Treatment Residuals” means any material resulting from the dismantling or treatment of a CEW. Treatment residuals are not considered CEW and are not eligible for recovery or recycling payment, however the costs or revenues associated with managing treatment residuals shall be factored into the net cost of recycling CEW. Treatment residuals may be used to demonstrate the processing of CEW, and documentation demonstrating the subsequent movement or ultimate disposition of the treatment residuals may be required as part of the claim for payment submitted by an approved recycler.
   49. (49) “Ultimate disposition” means, for the purposes of this Chapter, the consumption of a treatment residual into a manufacturing process or the disposal of a treatment residual at a permitted disposal facility. Storage of a treatment residual at a site of generation or at an intermediate facility, or accumulation of a treatment residual at a location prior to consuming or disposing, is not ultimate disposition.
   50. (50) “Weighmaster” has the same meaning as defined in Section 12700 of the Business and Professions Code.

Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42463, 42465.2, 42466.2, 42467, 42474, 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code.

History

1. New Chapter 8.2 (articles 1-5), article 1 (section 18660.5) and section filed 5-10-2004 as an emergency; operative 5-10-2004 (Register 2004, No. 20). Pursuant to Public Resources Code section 42475.2(b) a Certificate of Compliance must be transmitted to OAL by 5-10-2006 or emergency language will be repealed by operation of law on the following day.

2. Repealer and new Chapter 8.2 (articles 1-5), article 1 (section 18660.5) and section filed 12-13-2004 as an emergency; operative 12-13-2004 (Register 2004, No. 51). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.

3. New subsections (a)(16), (a)(19), (a)(21), (a)(25), (a)(29) and (a)(35) and subsection renumbering filed 12-2-2005 as an emergency; operative 12-2-2005 (Register 2005, No. 48). Pursuant to Public Resources Code section 42475.2(b), emergency language will be repealed by operation of law on 12-14-2006. A Certificate of Compliance must be transmitted to and approved by OAL prior to that day.

4. Certificate of Compliance as to 12-13-2004 and 12-2-2005 orders, including further amendment of section, transmitted to OAL 10-13-2006 and filed 11-27-2006 pursuant to Public Resources Code section 42475.2(b) (Register 2006, No. 48).

5. Change without regulatory effect amending subsections (a)(2) and (a)(4), repealing subsection (a)(7), renumbering subsections and amending newly designated subsections (a)(8), (a)(11)-(12), (a)(14), (a)(16)-(17), (a)(22), (a)(26)-(27), (a)(31), (a)(31)(G), (a)(32) and (a)(37)-(39) filed 10-29-2012 pursuant to section 100, title 1, California Code of Regulations (Register 2012, No. 44).

6. Amendment of subsections (a)(21), (a)(29), (a)(33)(C) and (a)(46) and new subsection (a)(47) filed 8-21-2015 as an emergency; operative 8-21-2015 (Register 2015, No. 34). Pursuant to Public Resources Code section 42475.2(b), this is a statutory deemed emergency, and the emergency language remains in effect until 8-20-2017 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is revised by the Board prior to that date, whichever occurs sooner.

7. Amendment of subsections (a)(18) and (a)(33) and repealer of subsections (a)(33)(A)-(G) filed 3-16-2017 as an emergency; operative 3-16-2017 (Register 2017, No. 11). Pursuant to Public Resources Code section 42475.2(b), this is a statutory deemed emergency, and the emergency language remains in effect until 3-16-2019 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is revised prior to that date, whichever is sooner.

8. Amendment of subsections (a)(21), (a)(29), (a)(33)(C) and (a)(46) and new subsection (a)(47) refiled 8-1-2017 as an emergency; operative 8-21-2017 (Register 2017, No. 31). Pursuant to Public Resources Code section 42475.2(b), this is a statutory deemed emergency, and the emergency language remains in effect until 8-20-2019 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is revised by the Board prior to that date, whichever occurs sooner.

9. Amendment of subsection (a)(43) filed 5-9-2018 as an emergency; operative 5-9-2018 (Register 2018, No. 19). Pursuant to Public Resources Code section 42475.2(b), this is a statutory deemed emergency, and the emergency language remains in effect until 5-9-2020 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is revised by the Board prior to that date, whichever occurs sooner.

10. Certificate of Compliance as to 8-1-2017 order, including amendment of section, transmitted to OAL 8-3-2018 and filed 9-17-2018; amendments effective 10-1-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 38).

11. Amendment of subsections (a)(18) and (a)(33) and repealer of subsections (a)(33)(A)-(G) refiled 3-5-2019 as an emergency; operative 3-17-2019 (Register 2019, No. 10). Pursuant to Public Resources Code section 42475.2(b), this is a statutory deemed emergency, and the emergency language remains in effect until 3-17-2021 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is revised prior to that date, whichever is sooner.

12. Amendment of subsection (a)(43), filed 3-24-2020 as an emergency; operative 5-10-2020 (Register 2020, No. 13). Pursuant to Public Resources Code section 42475.2(b), this is a statutory deemed emergency, and the emergency language remains in effect until 5-10-2022 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is revised by the Board prior to that date, whichever occurs sooner.

13. Certificate of Compliance as to 3-5-2019 order, including further amendment of subsection (a)(18), transmitted to OAL 5-21-2020 and filed 7-3-2020; amendments operative 10-1-2020 (Register 2020, No. 27).

14. Certificate of Compliance as to 3-24-2020 order transmitted to OAL 2-22-2022 and filed 4-6-2022 pursuant to Public Resources Code section 42475.2(b) (Register 2022, No. 14).

15. Change without regulatory effect amending subsections (a)(4), (a)(11), (a)(16)-(17), (a)(26), (a)(31) and (a)(39) filed 4-17-2023 pursuant to section 100, title 1, California Code of Regulations (Register 2023, No. 16).

16. New subsection (a)(5), subsection renumbering, amendment of newly designated subsections (a)(17)-(18) and (a)(32), new subsections (a)(32)(H) and (a)(41)-(a)(41)(B)(3) and amendment of Note filed 12-13-2024 as an emergency; operative 1-1-2025 (Register 2024, No. 50). Pursuant to Public Resources Code section 42475.2(b), this is a statutory deemed emergency, and the emergency language remains in effect until 1-1-2027 unless a Certificate of Compliance is transmitted to and approved by OAL, or the emergency language is revised by the Department prior to that date, whichever occurs sooner.

17. Amendment filed 12-11-2025 as a deemed emergency pursuant to Public Resources Code section 42475.2(b); operative 12-11-2025 (Register 2025, No. 50). A Certificate of Compliance must be transmitted to OAL by 12-11-2027 or emergency language will be repealed by operation of law on the following day.