The Electronic Waste Recycling Act of 2003 (act) requires a retailer selling a covered electronic device, including a covered battery-embedded product, as defined, in this state to collect from a consumer at the time of retail sale a covered electronic waste recycling fee, as specified. The act imposes certain obligations on a manufacturer of a covered electronic device sold in the state. Existing law requires a manufacturer of a covered electronic device that is a covered battery-embedded product, as defined, to provide a specified notice to any retailer that sells that product informing the retailer that the covered battery-embedded product is subject to a recycling fee, as provided. Existing law requires the notices to identify the covered electronic device by brand and model number. Existing law incorporates the requirements and other provisions of the act by reference as requirements and provisions of the hazardous waste control laws. The act also expressly authorizes the Department of Toxic Substances Control to enforce the act, and all regulations adopted pursuant to the act, through the hazardous waste control laws. A violation of the hazardous waste control laws is a crime. This bill would require the manufacturer to send notices regarding the products to the Department of Resources Recycling and Recovery (CalRecycle) in accordance with specified timeframes set forth in the bill. The bill would also require the notices to contain the universal product code (UPC) , as defined, and make conforming changes. By changing the definition of a crime, the bill would impose a state-mandated local program. The bill would require CalRecycle to develop, on or before March 1, 2027, a standardized form for notices submitted by a manufacturer pursuant to this provision. The bill would require the form to require each notice to identify the battery-embedded covered product manufactured by that manufacturer by brand, model number, and UPC, and the covered battery-embedded waste recycling fee. The bill would require CalRecycle, on or before May 1, 2027, to create and maintain a searchable database for the notices sent by a manufacturer pursuant to this requirement, to post that information on its internet website, as provided, and to consult with manufacturers and retailers to develop a standardized online upload process for these purposes. The bill would require, upon receipt of a notice directly from a manufacturer or the publication of a notice in the online database maintained by CalRecycle, that a retailer shall have 60 days to commence collection of the fee established in compliance with requirements of the act. The bill would specify procedures for addressing complaints or information alleging a violation of laws relating to a covered battery-embedded product, as provided. Existing law sets forth definitions for purposes of the act. This bill would expand the definition of a "retailer" to include a "marketplace facilitator," as defined. The bill would delay, until January 1, 2028, the application of the act to "discount stores," as defined. The bill would limit the duties under the act of "thrift retail stores," as defined, and manufacturers regarding battery-embedded product donations to thrift retail stores, as specified. The bill would define a "universal product code" to mean an all-numeric code that represents a consumer package of a particular brand, size, type, and manufacturer by using a series of alternating bars and spaces for electronic scanning. 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 no reimbursement is required by this act for a specified reason.
(1) The hazardous waste control laws require the Department of Toxic Substances Control to regulate the handling and management of hazardous waste and hazardous materials. A violation of the hazardous waste control laws is a crime. Existing law prohibits an owner or operator of a storage facility, treatment facility, transfer facility, resource recovery facility, or disposal site from accepting, treating, storing, or disposing of a hazardous waste at the facility, area, or site, unless the owner or operator holds a hazardous waste facilities permit, as provided. Existing law provides that a facility with the onsite accumulation of hazardous waste for a specified period of time by a generator of less than 1,000 kilograms of hazardous waste in any calendar month is not a storage facility if the quantity of hazardous waste accumulated onsite never exceeds 6,000 kilograms, the generator is in compliance with certain federal regulations, and the generator does not hold acutely or extreme hazardous waste in an amount greater than one kilogram for a specified period of time. Existing state regulations authorize a small quantity generator to accumulate various quantities of hazardous waste without a permit if certain conditions are met. This bill would instead provide that a facility with the onsite accumulation of hazardous waste for a specified period of time by a generator of less than 1,000 kilograms of hazardous waste in any calendar month is not a storage facility if the generator complies with those state regulations. Existing law imposes various manifest requirements for transporting hazardous waste, including, among others, requiring any person generating hazardous waste that is transported, or submitted for transportation, for offsite handling, treatment, storage, disposal, or any combination thereof, to complete a manifest. Existing law authorizes specified manifest requirements for transporting hazardous waste to be satisfied through the use of the United States Environmental Protection Agency electronic manifest (e-Manifest) system. This bill would require certain reports required to be submitted to the department when a manifest is not received to instead be submitted to the e-Manifest system. For purposes of the hazardous waste control laws, "treatment" means any method, technique, or process that is not otherwise excluded from the definition pursuant to these laws and that is designed to change the physical, chemical, or biological character or composition of any hazardous waste or any material contained therein, or that removes or reduces its harmful properties or characteristics for any purpose. Existing law excludes from that definition of "treatment" specified activities. This bill would exclude from that definition of "treatment" the compaction of hazardous waste under specified conditions, including, among others, requiring that the waste being compacted is not a free liquid, as defined, is not a solid that meets the ignitability or reactivity characteristic, as described, does not alter the physical, chemical, or biological character or composition of the waste, other than physical changes inherent to compaction, and does not result in fugitive dust, fire, or explosion. Existing law designates certain generators of hazardous waste as a very small quantity generator if they generate less than certain amounts, based on type, of hazardous waste per calendar month established in a specified federal regulation. This bill would delete the reference to that federal regulation and instead designate as very small quantity generators those that generate less than certain amounts established in a state regulation with identical thresholds as the federal regulation for the generation of acute and nonacute hazardous waste, except as provided. This bill would also make other changes related to hazardous waste and nonsubstantive changes. To the extent this bill changes the conduct that constitutes the crime of violating the hazardous waste control laws, the bill would impose a state-mandated local program. (2) Existing law establishes the Board of Environmental Safety in the Department of Toxic Substances Control with specified duties. Existing law requires the board to annually prepare and transmit to the Secretary for Environmental Protection an annual review of the department's performance as compared to its objectives, including, but not limited to, the performance of the Director of Toxic Substances Control. This bill would require the board to post that review on its internet website. The bill would authorize the review to include, to the extent feasible using existing resources, other reviews, recommendations, and findings related to the department's performance, as specified. (3) The Aboveground Petroleum Storage Act (the act) generally regulates aboveground storage tanks that contain petroleum and that meet certain requirements. The act requires its provisions to be implemented by a unified program agency, as provided, and requires the Office of the State Fire Marshal to adopt regulations implementing these provisions. A knowing violation of specified provisions of the act after reasonable notice of the violation is a crime. The act specifically excludes from the definition of an "aboveground storage tank" for purposes of the act oil-filled electrical equipment if the oil-filled electrical equipment meets specified conditions. The act further excludes from that definition a tank in an underground area that has the capacity to store less than 55 gallons of petroleum, has secondary containment, and is inspected monthly, if a specified condition is met. For purposes of the act, a "tank in an underground area" means a stationary storage tank that meets specified criteria and, among other things, the structure in which the storage tank is located, at a minimum, provides for secondary containment, as provided. For purposes of this definition, a shop-fabricated double-walled storage tank with a mechanical or electronic device used to detect leaks in the interstitial space meets the requirement for secondary containment of the contents of the tank. This bill would revise the exemption for oil-filled electrical equipment by clarifying that it applies if the single piece of equipment meets those conditions. The bill would revise the exemption for a tank in an underground area that has the capacity to store less than 55 gallons of petroleum by requiring the tank to have secondary containment of the contents of the tank, associated piping, and ancillary equipment, until cleanup occurs, and if the tank, piping, and ancillary equipment are inspected monthly. To the extent that the revisions to these exemptions would impose a higher level of service on local agencies, the bill would impose a state-mandated local program. The act further requires each owner or operator of a tank facility to immediately, upon discovery, notify the Office of Emergency Services and the unified program agency of the occurrence of a spill or other release of petroleum, as specified, that is required to be reported pursuant to specified water control laws imposing water discharge notice requirements. Existing water control laws exempt a discharge in compliance with waste discharge requirements or other water control laws from that notification requirement. This bill would instead make that notification requirement applicable to a discharge of any petroleum into or upon any waters of the state. The bill would make the exemption pursuant to the water control laws applicable to that notification requirement. By expanding the scope of a crime, the bill would impose a state-mandated local program. This bill would also make clarifying changes to the act. (4) Existing law provides for the regulation of underground storage tanks by the State Water Resources Control Board and the unified program agency. Existing law defines an "underground storage tank" for these purposes. Existing law requires the interstitial space of the underground storage tank to be maintained under constant vacuum or pressure such that a breach in the primary or secondary containment is detected before the liquid or vapor phase of the hazardous substance stored in the underground storage tank is released into the environment. This bill would make that requirement applicable to the interstitial space of the underground storage tank that is buried. Existing law requires a local agency to inspect every underground tank system within its jurisdiction at least once every year. Existing law requires a local agency to prepare a compliance report detailing the inspection and to send a copy of this report to the permitholder and the owner or operator, if the owner or operator is not the permitholder. Existing law requires, within 60 days after receiving a compliance report or special inspection report, the permitholder to file with the local agency a plan to implement all recommendations contained in the compliance report or to demonstrate, to the satisfaction of the local agency, why these recommendations should not be implemented. This bill would instead require the permitholder to return to compliance within 30 days after receiving a compliance report or special inspection report and would eliminate the option to file a plan to implement all recommendations. The bill would authorize the local agency to approve a plan to return to compliance in excess of 30 days, as long as the plan to return to compliance is received by the local agency within 30 calendar days of the permitholder receiving the compliance report or special inspection report. (5) Existing law requires a business to establish and implement a business plan for emergency response to a release or threatened release of a hazardous material in accordance with prescribed standards if the business meets specified conditions at any unified program facility, including, among other conditions, if the business handles a hazardous material or a mixture containing a hazardous material that has a quantity at any one time during the reporting year that is equal to, or greater than, 55 gallons for materials that are liquids, 500 pounds for solids, or 200 cubic feet for compressed gas. This bill would provide that the above provision does not apply to specified gasses, including oxygen, nitrogen, or nitrous oxide, as provided. (6) 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 no reimbursement is required by this act for specified reasons.
Existing law authorizes, when a release of waste occurs and remedial action is required, a responsible party, as defined, to request a local officer to supervise the remedial action if the site is not already overseen by the Department of Toxic Substances Control or a regional water quality control board. Existing law authorizes the department or a regional water quality control board to retain or assume oversight authority from a local officer, as specified. This bill would require the State Water Resources Control Board, working jointly with the department and in consultation with the Office of Land Use and Climate Innovation, to develop guidelines for developers and for agencies overseeing development-specific site remediations and making determinations of site suitability, as provided. The bill would require the board, in conjunction with the department, to develop thresholds of significance for contaminants from different sources and for different future uses, as provided. The bill would specify that sites with contamination above those thresholds shall be deemed not suitable for residential use.
Under existing law, as part of the hazardous waste control laws, the Department of Toxic Substances Control generally regulates the management and handling of hazardous waste and hazardous materials. Under existing law, the hazardous waste control laws are partially enforced by a certified unified program agency (CUPA) and a violation of hazardous waste control laws is a crime. Existing law defines "non-RCRA hazardous waste," for purposes of those laws, as meaning hazardous waste that is regulated by the state, other than hazardous waste subject to the federal Resource Conservation and Recovery Act of 1976 (RCRA) . This bill would require non-RCRA hazardous waste that is destined for land disposal to be disposed of in a landfill regulated by specific provisions of RCRA. By increasing the duties of a CUPA, and by expanding the scope of a crime, the bill would impose a state-mandated local program. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law, the California Integrated Waste Management Act of 1989, administered by the Department of Resources Recycling and Recovery, establishes an integrated waste management program and requires the department to adopt rules and regulations, as necessary, to carry out the act. Existing law requires each city, county, and regional agency, if any, to develop a source reduction and recycling element, household hazardous waste element, and nondisposal facility element of an integrated waste management plan. The act requires the source reduction and recycling element to divert from disposal 50% of all solid waste subject to the element through source reduction, recycling, and composting activities, with specified exceptions. This bill would require a city or county that requires a refundable deposit, performance security, or similar financial guarantee as a condition of issuing a construction, demolition, or building permit for the purpose of ensuring compliance with a construction or demolition debris requirement to return the full amount of the deposit if documentation demonstrating compliance with the terms of the deposit is provided, as specified.
Existing law, the Contractors State License Law, provides for the licensure and regulation of contractors by the Contractors State License Board. Existing law prohibits contractors from performing specified acts. Existing law requires the Department of Resources Recycling and Recovery or another state agency tasked to manage contracts for wildfire debris cleanup and removal by the Office of Emergency Services to prequalify contractors to enter into contracts to perform prescribed wildfire debris cleanup and removal work in communities impacted by wildfires. Notwithstanding the prequalification requirement, this bill would prohibit a contractor from engaging in debris removal that includes hazardous materials on residential or commercial property that is damaged or destroyed by a natural disaster for which an emergency or major disaster is declared, unless the contractor has one of the specified licenses or classifications, as provided. The bill would require any licensee authorized to perform debris removal that includes hazardous materials under these provisions to have passed an approved hazardous substance certification examination and comply with hazardous waste operation and emergency response requirements, as specified.
(1) Under existing law, as part of the hazardous waste control laws, the Department of Toxic Substances Control (DTSC) generally regulates the management and handling of hazardous waste and hazardous materials. Existing law authorizes a public agency, as defined, to operate a household hazardous waste collection facility under permit from DTSC. The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery (CalRecycle) , requires a city and a county to prepare and submit to CalRecycle a countywide integrated waste management plan. The act requires the plan to include a household hazardous waste element that identifies a program in each city and county for the safe collection, recycling, treatment, and disposal of hazardous wastes that are generated by households. The California Oil Recycling Enhancement Act, administered by CalRecycle, establishes a used oil recycling program to promote and develop alternatives to illegal disposal of used oil. The act imposes a charge for every gallon of lubricating oil sold or transferred in the state, or imported into the state for use in the state, as specified. This bill would create a producer responsibility program for lubricants waste that is not covered by the act, and packaging associated with lubricant products, and would require a producer responsibility organization (PRO) to provide a convenient collection and management system for covered products at no cost to residents. The bill would create 2 categories of covered product, covered liquid product and covered packaging product. The bill would define "covered liquid product" to mean a petroleum-based automotive product and other related products, as specified. The bill would define "covered packaging product" to mean primary packaging and containers designed and intended to hold a covered liquid product and other similar packaging, as specified. The bill would require a producer of a covered product to register with the PRO, which would be required to develop and implement a producer responsibility plan for the collection and the safe and proper management of covered products. The bill would require CalRecycle, in coordination with DTSC, to adopt regulations to implement the program with an effective date no earlier than January 1, 2029. This bill would require the PRO, within 12 months of the effective date of the regulations, to submit a product responsibility plan to CalRecycle. The bill would require the plan to include specified elements, including a funding mechanism that provides sufficient funding to carry out the plan. The bill would require, within 6 months of receipt of the plan, CalRecycle, in collaboration with DTSC, to approve, approve in part, or disapprove the plan, as specified. The bill would require CalRecycle to notify the PRO of its decision. If CalRecycle does not approve the plan in full, then the bill would require CalRecycle to specify the reasons for disapproval or identify the portions of the partially approved plan that do not comply with the program, as applicable. The bill would require the PRO to submit a revised plan if its plan is not fully approved. This bill would require the PRO to implement its plan within 90 days of approval. The bill would require the plan to be fully funded in a manner that equitably distributes the plan's costs among participant producers, as specified. The bill would require the plan to describe how the producer responsibility organization will consult with and mutually agree upon terms and amounts to reimburse local jurisdictions for the proportional costs associated with collecting and managing covered products pursuant to these provisions. The bill would also require the plan to include a description of how the producer responsibility organization will contract with haulers to transport covered products from the collection facilities to recycling facilities or disposal, and how the producer responsibility organization will contract with recyclers. This bill would require the PRO to prepare and submit to CalRecycle an annual report describing the activities carried out pursuant to the plan. The bill would require the PRO to retain specified documents, annually audit its accounting books, and make documents available to CalRecycle for review, as specified. The bill would require all reports and records provided to CalRecycle pursuant to the program to be provided under the penalty of perjury. By expanding the scope of a crime, the bill would impose a state-mandated local program. This bill would require a participant producer, through the PRO, to pay CalRecycle, on an unspecified schedule, an annual administrative charge, as determined by CalRecycle and DTSC. The bill would require the charge be set at an amount that is adequate to cover CalRecycle's and DTSC's actual and reasonable costs of administering and enforcing the program. The bill would provide for the imposition of administrative civil penalties on producers and other specified persons who violate the program. The bill would establish the Lubricant Waste and Packaging Producer Responsibility Fund in the State Treasury and would require the administrative charges collected by CalRecycle to be deposited into that fund for expenditure by CalRecycle, upon appropriation by the Legislature, to cover CalRecycle's cost to implement and enforce the program. The bill would also establish the Lubricant Waste and Packaging Penalty Account in the Lubricant Waste and Packaging Producer Responsibility Fund and would require that the civil penalties collected by CalRecycle pursuant to the program be deposited into that account, for expenditure by CalRecycle, upon appropriation by the Legislature, for activities related to the collection and recycling of covered products, grants for related purposes, and the administration and enforcement of the program. (2) Existing law, the Plastic Pollution Prevention and Packaging Producer Responsibility Act, establishes a producer responsibility program designed to ensure that producers of single-use packaging and food service ware covered by that program take responsibility for the costs associated with the end-of-life management of that material and ensure that the material is recyclable or compostable. The act requires producers, either individually or through participation in a producer responsibility organization, to have an approved plan that, among other things, describe how the producer or organization will comply with the act. This bill would exempt a covered packaging product from the act. (3) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. (4) 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 no reimbursement is required by this act for a specified reason.
(1) Existing law requires the Secretary for Environmental Protection to implement a unified hazardous waste and hazardous materials management regulatory program, known as the unified program. Existing law requires every county to apply to the secretary to be certified to implement the unified program, and authorizes a city or local agency that meets specified requirements to apply to the secretary to be certified to implement the unified program, as a certified unified program agency. Existing law authorizes a state or local agency that has a written agreement with a certified unified program agency, and is approved by the secretary, to implement or enforce one or more of the unified program elements as a participating agency. Existing law requires the certified unified program agency in each jurisdiction, in conjunction with participating agencies, to develop and implement a single, unified inspection and enforcement program to ensure coordinated, efficient, and effective enforcement of the unified program and any local ordinance or regulation pertaining to the handling of hazardous waste or hazardous materials. Existing law requires the secretary to establish a statewide information management system capable of receiving all data collected by the unified program agencies and reported by regulated businesses and to make all nonconfidential data available on the internet. This bill would prohibit a city or county, or city and county, from approving a building permit for a new reactive chemical storage facility, as defined, with the potential for an explosion, including, but not limited to, due to thermal runaway reaction, that may cause injury or death, unless the proposed facility has a backup cooling system or other contingency system approved by the unified program agency and is not adjacent to a home. The bill would require a city council or county board of supervisors, before approving a building permit for that purpose, to provide the public with notice and the opportunity to comment. If a city or county, or city and county, approves a building permit for that purpose, the bill would require the city or county, or city and county, to notify the Office of Emergency Services and the Office of Environmental Health Hazard Assessment. The bill would make the approval of a building permit for certain reactive chemical storage facilities ineligible for a specified exemption from the California Environmental Quality Act. The bill would require a city, county, or city and county to include in the next revision of its emergency operations plan a specific designation for which emergency response department will serve as the lead agency for responding to hazardous materials incidents. By imposing additional requirements on cities and counties, the bill would impose a state-mandated local program. The bill would require the Office of Environmental Health Hazard Assessment to consider reactive chemical storage facilities as a factor in identifying disadvantaged communities for various purposes under existing law. This bill would revise the requirement for the secretary to make available on the internet all nonconfidential data collected by the unified program agencies and reported by regulated businesses to specifically authorize the secretary to determine the form and manner of making that data available on the internet. This bill would require the unified program agency in each jurisdiction to routinely conduct an inspection of each reactive chemical storage facility in its jurisdiction no less than once every 3 years. The bill would require the unified program agency to report the results of the inspection to the California Environmental Protection Agency, the Office of the State Fire Marshal, and the Office of Emergency Services. By imposing additional requirements on unified program agencies, the bill would impose a state-mandated local program. (2) Existing law requires the California Environmental Protection Agency to obtain and maintain state delegation of, and to implement, the federal accidental release prevention program, with certain amendments specific to the state. Pursuant to these provisions, a stationary source, as defined, with a process that has a regulated substance present in more than a threshold quantity is required to prepare and submit to the United States Environmental Protection Agency and the unified program agency a risk management plan, unless the unified program agency makes a specified determination to exempt the stationary source from the program. Existing law imposes criminal penalties upon a stationary source that knowingly violates the requirements of the program. This bill would expand the program's definition of "regulated substance" to include methyl methacrylate and would require the California Environmental Protection Agency to adopt a state threshold quantity applicable to methyl methacrylate through regulation. By adding an additional substance to the program, the bill would expand the scope of a crime and impose a state-mandated local program. The bill would provide that a stationary source that stores or uses methyl methacrylate is not eligible for exemption from the program. Because the bill would make changes to provisions enforced by unified program agencies, the bill would impose a state-mandated local program. (3) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (4) 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 with regard to certain mandates no reimbursement is required by this act for specified reasons. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1) Existing law authorizes certain entities to operate household hazardous waste collection facilities, as defined, including permanent and temporary household hazardous waste collection facilities, under permits issued by the Department of Toxic Substances Control. Existing law requires hazardous waste transported to a household hazardous waste collection facility to be transported by specified entities, and imposes conditions on the acceptance of hazardous waste by a household hazardous waste collection facility, including, among others, that the hazardous waste not exceed certain weight requirements. Existing law requires a person engaged in the transportation of hazardous waste to be registered with the department and to have a manifest while transporting the hazardous waste, except if the transport is from specified facilities or programs. A violation of the hazardous waste control laws is a crime. This bill would require, until January 1, 2030, the department to evaluate opportunities to increase safety and convenience related to the management and disposal of vape pens confiscated from students by a school, as provided, and identify any recommendations that require future legislative action. The bill would authorize a permanent household hazardous waste collection facility to mechanically disassemble vape pens and devices in a manner that does not result in the unauthorized release of hazardous materials, as specified. The bill would exempt from the above-described registration and manifest provisions a school transporting vape pens and devices confiscated from students. The bill would also impose the above-described conditions relating to the transport of hazardous waste on a public agency, contractor of a public agency, or a registered hazardous waste transporter, transporting vape pens and devices from schools, as provided. The bill would require any vape pens and devices to be transported in containers bearing the school's Environmental Protection Agency identification number. The bill would specify conditions that apply for purposes of determining how many vape pens and devices may be accepted by a household hazardous waste collection facility without exceeding the specified weight limits. Because a violation of these provisions would be a crime, the bill would impose a state-mandated local program. (2) Existing law requires all cartridges for electronic cigarettes and solutions for filling or refilling an electronic cigarette to be in child-resistant packaging. This bill would prohibit a person from marketing, promoting, labeling, branding, advertising, distributing, offering for sale, or selling a vape product in this state by (A) imitating a product that is not a vape product to conceal the nature of the vape product from parents, teachers, or other adults, or (B) including interactive videogame capabilities within a vape product, as provided. This bill would authorize a city, a county, a city and county, or the state to enforce the above-described prohibitions and to impose civil liability on a person or entity, or distributor, in violation of the prohibitions in specified fine amounts, including $1,000 for the first violation, or for a distributor, $50,000 per violation. The bill would require any civil penalties collected to be paid to whichever office brought the action, and would authorize the Attorney General to expend any penalties it collects, upon appropriation by the Legislature, to enforce the prohibitions. The bill would specify that any remedies provided pursuant to these provisions are not exclusive and are in addition to the remedies that may be available pursuant to specified provisions relating to unfair competition. The bill would make any person who violates the prohibitions guilty of an infraction punishable by a fine of not more than $500. By creating a new crime, the bill would impose a state-mandated local program. (3) Existing law, the Cigarette and Tobacco Products Licensing Act of 2003, provides for the licensure and regulation of manufacturers, distributors, wholesalers, importers, and retailers of cigarette or tobacco products. Existing law, except as specified, prohibits a tobacco retailer, or any of the tobacco retailer's agents or employees, from selling, offering for sale, or possessing with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer. Existing law authorizes the California Department of Tax and Fee Administration or a law enforcement agency, upon discovery that a retailer possesses, stores, owns, or has made a retail sale of flavored tobacco products or tobacco product flavor enhancers in violation of that prohibition to seize the flavored tobacco products or tobacco product flavor enhancers at the retail location or any other person's location. Existing law deems those seized flavored tobacco products or tobacco product flavor enhancers as forfeited to the state, and requires the department to issue a civil penalty against the retailer, as provided. Existing law also requires the department to suspend or revoke the license of a retailer upon a 2nd or 3rd seizure and forfeiture, as provided. This bill would apply those same seizure, forfeiture, and civil penalty provisions to a retailer who possesses, stores, owns, or has made a retail sale of vape products, as defined, in violation of the prohibitions related to a vape product described in paragraph (2) , above. Existing law authorizes a peace officer or department employee granted limited peace officer status, as provided, upon presenting appropriate credentials, to enter any place at which cigarettes or tobacco products are sold, produced, or stored or at any site where evidence of a violation of specified laws relating to cigarette or tobacco products may be discovered, and to conduct inspections in accordance with specified requirements. This bill would also authorize those inspections at any place where there is evidence of a violation of the prohibitions related to a vape product described in paragraph (2) , above. (4) This bill would incorporate additional changes to Section 22974.2 of the Business and Professions Code proposed by AB 762 to be operative only if this bill and AB 762 are enacted and this bill is enacted last. (5) 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 no reimbursement is required by this act for a specified reason.
Under existing law, the Department of Toxic Substances Control is required to implement and enforce certain laws related to the recycling of major appliances, as defined. Existing law prohibits a person, other than a certified appliance recycler, as defined, from removing materials that require special handling from a major appliance. Existing law requires a person, including, but not limited to, a certified appliance recycler, who transports, delivers, or sells discarded major appliances to a scrap recycling facility, as defined, to retain onsite records demonstrating compliance with certain laws related to the recycling of major appliances, as provided. A violation of the hazardous waste control laws is a crime. This bill would require a person, including, but not limited to, a certified appliance recycler, who transports, delivers, or sells discarded major appliances to a scrap recycling facility to also provide those documents to the department, as specified. By expanding the scope of a crime, the bill would impose a state-mandated local program. Existing law requires a person wishing to operate as a certified appliance recycler to submit an initial or renewal application to the department, under penalty of perjury. Existing law requires the application to include, among other things, a description of the ability of the applicant to properly remove and manage all materials that require special handling. Existing law requires the department to review an application for completeness and, upon a determination that the application is complete and meets the requirements of certain laws related to the recycling of major appliances, to issue a numbered certificate to the applicant. Existing law requires the applicable certified unified program agency (CUPA) , as soon as practicable after receiving the application and certification from the department, to inspect the certified appliance recycler's facility, as provided. This bill would require the application to also include a description of the applicant's facility and registration with the CUPA, as specified. By expanding the scope of a crime, the bill would impose a state-mandated local program. The bill would require the department to review the application, visit the applicant's facility, and, upon determination that the application is complete and meets the requirements of certain laws related to the recycling of major appliances and applicable laws regarding hazardous waste, issue a numbered certificate to the applicant. The bill would require the CUPA to inspect the certified appliance recycler's facility as soon as practicable, but no later than 6 months after the issuance of the certificate. By creating a new requirement on a CUPA, the bill would impose a state-mandated local program. The bill would authorize the department to impose a charge on an applicant for initial certification and on a certified appliance recycler for renewal to cover the department's reasonable and actual regulatory costs for implementing certain laws relating to the recycling of major appliances, including, but not limited to, the adoption of regulations, as specified. This bill would require a scrap recycling facility to only accept an appliance from a certified appliance recycler or a person otherwise authorized to transport, deliver, or sell discarded major appliances. The bill would require a scrap recycling facility to document each appliance received and to confirm, under penalty of perjury, that materials that require special handling have been removed from the appliance. By expanding the scope of a crime, the bill would impose a state-mandated local program. Existing law requires the department to develop a statewide list of appliance recyclers, used appliance dealers, solid waste facilities, metal scrapyards, and others who may remove, or do business with those who remove, from major appliances, materials that require special handling, as specified. Existing law requires the department to transmit a copy of the Appliance Recycling Guide, published by the California Integrated Waste Management Board, and certain other materials and information, to waste generators and enforcement officers, as provided. This bill would repeal those provisions and instead require the department to post on its internet website a list of certified appliance recyclers and the number of appliances processed by certified appliance recyclers and accepted by scrap recycling facilities, as specified. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
