Electronic waste: state agencies.

(1) Existing law, the State Contract Act, requires, among other things, that each state agency ensure that at least 50% of reportable purchases are recycled products. The California Integrated Waste Management Act requires each state agency, as defined, to develop and adopt, in consultation with the Department of Resources Recycling and Recovery, an integrated waste management plan, to provide for the diversion at least 50% of the solid waste generated by the state agency from landfill disposal or transformation and to submit an annual report to the department regarding the implementation of the plan. Existing law requires the Department of Toxic Substances Control to adopt regulations that identify electronic devices that are presumed to be, when discarded, a hazardous waste subject to the hazardous waste control laws. This bill would require the Department of General Services, in collaboration with the Department of Resources Recycling and Recovery and the Department of Toxic Substances Control, to identify the methods that state agencies are required to use to properly handle, recycle, and dispose of electronic waste, and to assist state agencies to comply with applicable federal, state, and local laws and regulations governing the management of hazardous waste. The bill would require a state agency to include in the annual solid waste reduction plan information regarding the management of electronic waste generated by the state agency. The bill would require the Department of General Services to review this information and if that department believes that a state agency is not managing electronic waste consistent with the required methods or in compliance with all applicable federal, state, or local laws or regulations, the Department of General Services would be required to notify the Department of Toxic Substances Control to determine the appropriate enforcement action. Since existing law defines state agency, for purposes of waste management, as including community college districts, the bill would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.