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Cal. Pub. Res. Code § 42479

Financial Provisions

Redline — January 1, 2011 → current.View current text →
Current — January 1, 2023
As of January 1, 2011
(a) (1) For covered electronic waste collected for recycling on and after January 1, 2005, the board shall make electronic waste recovery payments and electronic waste recycling payments for the collection and recycling of covered electronic waste to an authorized collector or covered electronic waste recycler, respectively, upon receipt of a completed and verified invoice submitted to the board by the authorized collector or recycler in the form and manner determined by the board.
(a) (1) For covered electronic waste, resulting from discarded covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g) of Section 42463, collected for recycling on and after January 1, 2005, and for covered electronic waste, resulting from discarded covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g) of Section 42463, collected for recycling on or after January 1, 2026, CalRecycle shall make electronic waste recovery payments and electronic waste recycling payments for the collection and recycling of covered e-waste to an authorized collector or covered e-waste recycler, respectively, upon completion of the review by CalRecycle of a payment claim submitted to CalRecycle by the authorized collector or e-waste recycler in the form and manner determined by CalRecycle. CalRecycle may examine a payment claim for a period of not more than 90 days from the date of receipt of the payment claim to validate the claim’s completeness, accuracy, truthfulness, and compliance with applicable laws and regulations. All of the following shall be considered official records for purposes of Section 1280 of the Evidence Code: (A) The results of a payment claim review or subsequent payment claim audit. (B) Written information compiled by CalRecycle during a claim review or subsequent claim audit. (2) To the extent authorized by Section 42477, a covered e-waste recycler shall make the electronic waste recovery payments to an authorized collector upon receipt of a completed and verified invoice submitted to the recycler by the authorized collector in the form and manner determined by CalRecycle.
(2) To the extent authorized pursuant to Section 42477, a covered electronic waste recycler shall make the electronic waste recovery payments to an authorized collector upon receipt of a completed and verified invoice submitted to the recycler by the authorized collector in the form and manner determined by the board.
(b) An e-waste recycler is eligible for a payment pursuant to this section only if the e-waste recycler meets all of the following requirements: (1) The e-waste recycler is in compliance with applicable requirements of Article 6 (commencing with Section 66273.70) of Chapter 23 of Division 4.5 of Title 22 of the California Code of Regulations. (2) The e-waste recycler demonstrates to the board that any facility utilized by the e-waste recycler for the handling, processing, refurbishment, or recycling of covered electronic devices meets all of the following standards: (A) The facility has been inspected by the department within the past 12 months and had been found to be operating in conformance with all applicable laws, regulations, and ordinances. (B) The facility is accessible during normal business hours for unannounced inspections by state or local agencies. (C) The facility has health and safety, employee training, and environmental compliance plans and certifies compliance with the plans. (D) The facility meets or exceed the standards specified in Chapter 1 (commencing with Section 1171) of Part 4 of Division 2, Division 4 (commencing with Section 3200), and Division 5 (commencing with Section 6300), of the Labor Code or, if all or part of the work is to be performed in another state, the equivalent requirements of that state.
(b) A covered e-waste recycler is eligible for a payment pursuant to this section only if the covered e-waste recycler meets all of the following requirements: (1) The covered e-waste recycler is in compliance with applicable requirements of Article 7 (commencing with Section 66273.70) of Chapter 23 of Division 4.5 of Title 22 of the California Code of Regulations. (2) The covered e-waste recycler demonstrates to CalRecycle that a facility utilized by the covered e-waste recycler for the handling, processing, refurbishment, or recycling of covered electronic devices meets all of the following standards: (A) The facility has been inspected by DTSC within the past 12 months and had been found to be operating in conformance with all applicable laws, regulations, and ordinances. (B) The facility is accessible during normal business hours for unannounced inspections by state or local agencies. (C) The facility has health and safety, employee training, and environmental compliance plans and certifies compliance with the plans. (D) The facility meets or exceeds the standards specified in Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 of, Division 4 (commencing with Section 3200) of, and Division 5 (commencing with Section 6300) of, the Labor Code or, if all or part of the work is to be performed in another state, the equivalent requirements of that state.
(c) CalRecycle may conduct a selective audit of authorized collectors, covered e-waste recyclers, or manufacturers receiving payments from CalRecycle to determine whether electronic waste recovery payments, electronic waste recycling payments, or payments to manufacturers are being paid by CalRecycle according to the requirements of this chapter and the regulations adopted pursuant to this chapter. CalRecycle collect and recover from authorized collectors, covered e-waste recyclers, or manufacturers, with interest, any moneys improperly paid.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.