Electronic Waste Recycling Act of 2003: manufacturer notices.

New Section 42466.3 creates a complaint mechanism allowing anyone (including anonymously) to file complaints about battery-embedded product violations through CalEPA's environmental complaint system. CalEPA can refer complaints to CalRecycle, which may then investigate and enforce under existing authority in Sections 42474 and 42475.

The retailer penalty safe harbor in Section 42466.2(d)(4) no longer requires the retailer to be relying 'in good faith' on the CalRecycle database or manufacturer notices. Retailers are now protected from civil and criminal penalties simply by relying on the listed information, removing a subjective standard that could have been used against them.

Section 1(c) legislative intent for discount stores was narrowed from 'delay or suspend the implementation' to just 'delay the implementation,' removing the possibility of suspending (i.e., pausing indefinitely) certain provisions as applied to discount stores.

The retailer compliance period in Section 42466.2(c)(2) was changed from 'not less than 60 days' to a fixed '60 days,' removing the floor language that could have allowed for longer compliance periods and establishing a definitive deadline.

Section 42467(a)(3) reworded the retailer knowledge provision from 'shall not be deemed to have actual knowledge until 60 business days after' to 'shall be deemed to have actual knowledge 60 business days after,' which is functionally equivalent but more direct in establishing when a retailer is considered to know about fee obligations.

Removed the safe harbor provision (former Section 42466.2(d)(4)) that stated a retailer is in compliance and not subject to civil or criminal penalties when relying on the list of covered devices and fees listed on CalRecycle's website or in manufacturer electronic notices as of the date a product is made available for retail sale.

Removed the provision (former Section 42466.2(d)(5)) that required CalRecycle or CDTFA to coordinate with manufacturers to correct inaccurate data in the database and provided that retailers would not be subject to penalty or interest for errors attributable to those inaccuracies.

Removed the 'deemed actual knowledge' provision (former Section 42467(a)(3)) that stated a retailer shall be deemed to have actual knowledge of any covered electronic device or battery-embedded product waste fee 60 business days after receiving the notice from the manufacturer or distributor.

Changed the retailer compliance obligation in Section 42466.2(c)(2) from having '60 days to comply with the fee requirements of this chapter' to having '60 days to commence collection of the fee established in compliance with requirements of this chapter,' narrowing the scope of what the retailer must do within that timeframe.

Added a new legislative finding (Section 1(c)) stating that the California Environmental Protection Agency's Environmental Complaint System serves as a centralized public mechanism for reporting potential violations and that clarifying its applicability to the covered battery-embedded product program promotes transparency, consistency, and efficient enforcement.

The bill text was reformatted from a printed legislative document layout (with page numbers, line numbers, and running headers) into a web-based presentation format that includes site navigation links, search tools, version history listing, and other UI elements. The underlying statutory language is unchanged.

The definition of 'retailer' now explicitly includes a 'marketplace facilitator' as defined in Section 6041 of the Revenue and Taxation Code, bringing online marketplace platforms under the e-waste fee collection obligations.

The amendment to Section 42460 (a nonsubstantive change removing 'Solid Waste' from the act's title) has been dropped from the bill.

A previously blank definition of 'discount store' is now filled in: a self-service, high-volume, low-margin retail establishment selling general merchandise at everyday low prices, excluding big box formats with over 100,000 square feet of gross floor area or more than 10 percent of sales floor devoted to grocery/consumable goods.

The term 'thrift store' is renamed 'thrift retail store' and its definition now references Section 65631 of the Government Code rather than being left blank.

Manufacturer notice deadlines changed from a fixed annual date (previously July 1, 2025) to within 60 days from the date of first sale to a retailer or purchaser in California, making the obligation trigger-based rather than calendar-based.

CalRecycle must develop the standardized online form and create and maintain the searchable online database on or before January 1, 2027.

A new safe harbor provision states that a retailer is in compliance and not subject to civil or criminal penalties when relying in good faith on the list of covered devices and applicable fees listed on CalRecycle's website or in manufacturer notices as of the date a product is made available for retail sale.

A new provision requires CalRecycle or CDTFA to coordinate with manufacturers to correct data errors in the database, and shields retailers from penalty or interest for fee collection errors attributable to those database inaccuracies.

The 60-day period before a retailer must begin collecting the fee is now measured from the earlier of receiving direct notice from the manufacturer or the date the notice first appears in CalRecycle's online database, potentially shortening the grace period.

Section 42467 no longer requires manufacturers to include a list of retailers they provided notices to in their annual report to CalRecycle.

The fiscal committee and state-mandated local program designations both changed from 'no' to 'yes,' indicating the bill now carries fiscal implications requiring legislative review.

Manufacturers now send notices directly to CalRecycle instead of to individual retailers. The old text required manufacturers to send notices 'to any retailer that sells that covered electronic device' with a copy to CalRecycle. The new text requires notices to be sent 'to CalRecycle.' This shifts the information flow so retailers rely on CalRecycle's public database rather than receiving direct manufacturer notices.

The retailer compliance period is clarified to run from 'the earlier of the date of receipt of the notice directly from a manufacturer or the date the notice is first published in the online database maintained by CalRecycle.' This accommodates the new system where retailers may not receive direct notices and must rely on the public database.

Multiple previously blank deadlines are now filled in: annual manufacturer reports and notices to CalRecycle are due by March 1 each year; CalRecycle must develop the standardized online form by March 1, 2027 (changed from January 1, 2027); and CalRecycle must create and maintain the searchable database by May 1, 2027 (changed from January 1, 2027).

CalRecycle must now post database information 'within 60 days from the date of receipt of the notice' rather than by an unspecified annual date (previously a blank). This creates a specific turnaround time for making new notices publicly available.

The requirement that CalRecycle's database include a specific statement exempting retailers from liability for good faith reliance is removed. The general good faith compliance provision (paragraph 4) remains, but the explicit database disclaimer language is eliminated.

The 'thrift retail store' definition is simplified to simply reference Section 65631 of the Government Code, removing a previously blank placeholder. The 'discount store' definition has a blank placeholder removed. The 'retailer' definition corrects 'the Internet, internet' to just 'internet.'

New Section 1 states legislative intent to exempt thrift stores from the act and to delay or suspend certain provisions as applied to discount stores. Both 'thrift store' and 'discount store' definitions in Section 42463 are left blank (marked with underscores), indicating these provisions are placeholders for future amendment.

New comprehensive definitions section (Section 42463) added, including 'covered battery-embedded product' (a product containing a battery not easily removable by the user with common household tools), with exclusions for medical devices, video display devices, energy storage systems, and electronic nicotine delivery systems. Also defines 'universal product code' (UPC), 'discount store,' 'thrift store,' and numerous other terms.

Manufacturers of covered battery-embedded products must now send annual notices to retailers identifying products by brand, model number, AND UPC (previously only brand and model number). Retailers are given at least 60 days from receipt of the notice to take any required action regarding the product.

Manufacturers must send copies of each notice to CalRecycle by an unspecified annual date. CalRecycle is required to develop a standardized online form for notices, create a searchable online database posted on its website, and consult with manufacturers and retailers to develop a standardized online upload process.

New annual reporting requirement (Section 42467): manufacturers must submit reports to CalRecycle including estimated units sold in-state, battery chemistry information, recycled materials baselines showing year-over-year increases, and a list of retailers notified in the prior 12 months. Manufacturers must also make consumer-facing recycling and disposal information available.

The CalRecycle database must include a statement that retailers who rely in good faith on the information presented are exempt from liability for failing to comply with the act's requirements. Additionally, a retailer is not deemed to have actual knowledge of any covered electronic device or battery-embedded product waste fee until 60 business days after receiving the notice.

Fiscal committee designation changed from 'no' to 'yes,' and state-mandated local program changed from 'no' to 'yes,' reflecting the new CalRecycle administrative obligations (database, form development, consultation process). A no-reimbursement provision was added under Article XIII B of the California Constitution.

Several dates are left blank (marked with underscores) in the amended version, including the annual notice deadline, the CalRecycle database posting date, and the manufacturer reporting deadline (previously July 1, 2027). This indicates these dates have not yet been finalized.