California Public Resources Code § 42463

For purposes of this chapter, the following terms have the following meanings, unless the context clearly requires otherwise: (a) “Account” means the Electronic Waste Recovery and Recycling Account created in the Integrated Waste Management Fund pursuant to Section 42476. (b) “Authorized collector” means any of the following: (1) A city, county, or district that collects covered electronic devices. (2) A person or entity that is required or authorized by a city, county, or district to collect covered electronic devices pursuant to the terms of a contract, license, permit, or other written authorization. (3) A nonprofit organization that collects or accepts covered electronic devices. (4) A manufacturer or agent of the manufacturer that collects, consolidates, and transports covered electronic devices for recycling from consumers, businesses, institutions, and other generators. (5) An entity that collects, handles, consolidates, and transports covered electronic devices and has filed applicable notifications with DTSC pursuant to Chapter 23 (commencing with Section 66273.1) of Division 4.5 of Title 22 of the California Code of Regulations. (c) “CalRecycle” means the Department of Resources Recycling and Recovery.” (d) “CDTFA” means the California Department of Tax and Fee Administration. (e) “Consumer” means a person who purchases a new or refurbished covered electronic device in a transaction that is a retail sale or in a transaction to which a use tax applies pursuant to Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code. (f) (1) “Covered battery-embedded product” means a product containing a battery from which the battery is not designed to be easily removed from the product by the user of the product with no more than commonly used household tools. (2) “Covered battery-embedded product” does not include any of the following: (A) A medical device, as defined in Section 321(h) of Title 21 of the United States Code, if either of the following applies: (i) It is a Class I device as defined in Section 360c of Title 21 of the United States Code, and either of the following applies: (I) It is a device described in Section 414.202 of Title 42 of the Code of Federal Regulations. (II) Either of the following applies: (ia) The device is predominantly used in a health care setting by a provider. (ib) The device is predominantly prescribed by a health care provider. (ii) It is a Class II or Class III device as defined in 360c of Title 21 of the United States Code. (B) A covered electronic device, as defined in subparagraph (A) of paragraph (1) of subdivision (g). (C) An energy storage system, as defined in subdivision (a) of Section 2835 of the Public Utilities Code. (D) An electronic nicotine delivery system, as defined in Section 375(7) of Title 15 of the United States Code. (3) CalRecycle may consult with other state agencies to determine if a product meets the definition of a covered battery-embedded product. (4) “Covered battery-embedded waste recycling fee” means the fee imposed for covered electronic devices, as defined in subparagraph (B) of paragraph (1) of subdivision (g), pursuant to Article 3 (commencing with Section 42464). (g) (1) “Covered electronic device” means either of the following: (A) Except as provided in paragraph (2), a video display device containing a screen greater than four inches, measured diagonally, that is identified in the regulations adopted by DTSC pursuant to subdivision (c) of Section 25214.10.1 of the Health and Safety Code. (B) Any covered battery-embedded product, as defined in subdivision (f). (2) “Covered electronic device,” as defined in subparagraph (A) of paragraph (1), does not include any of the following: (A) A video display device that is a part of a motor vehicle, as defined in Section 415 of the Vehicle Code, or any component part of a motor vehicle assembled by, or for, a vehicle manufacturer or franchised dea

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