AB2549 - Electronic Waste Recycling Act of 2003: manufacturer notices.

Amended IN Senate June 22, 2026 Amended IN Senate June 15, 2026 Amended IN Assembly May 22, 2026 Amended IN Assembly April 22, 2026 Amended IN Assembly April 08, 2026 Amended IN Assembly March 19, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 2549 Introduced by Assembly Member Zbur February 20, 2026 An act to amend Sections 42463, 42466.2, and 42467 of, and to add Section 42466.3 to, and to add Article 4.5 (commencing with Section 42468) to Chapter 8.5 of Part 3 of Division 30 of, the Public Resources Code, relating to electronic waste recycling. LEGISLATIVE COUNSEL'S DIGEST AB 2549, as amended, Zbur. Electronic Waste Recycling Act of 2003: manufacturer notices. 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 define a “discount store” and a 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 store,” as provided, for purposes of the act. 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. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. (a) It is the intent of the Legislature to enact legislation that would exempt thrift retail stores from the scope of the Electronic Waste Recycling Act of 2003. (b) SECTION 1. (a) It is the intent of the Legislature to enact legislation that would delay the implementation of certain provisions of the Electronic Waste Recycling Act of 2003 as applied to discount stores. (c) (b) The Legislature finds and declares that both of the following: (1) That the California Environmental Protection Agency’s Environmental Complaint System serves as a centralized, public mechanism for reporting potential violations of environmental law, and that clarifying its applicability to the covered battery-embedded product program administered pursuant to Chapter 8.5 (commencing with Section 42460) of Part 3 of Division 30 of the Public Resources Code promotes transparency, consistency, and efficient enforcement. (2) That discount stores operate under unique business models with high-volume and low-margin sales, and often rely on complex supply chains, and for that reason both of the following considerations apply: (A) Given the nature of the business, implementation of the covered battery-embedded product stewardship program in discount store channels requires additional time to develop feasible compliance processes for producer identification, data exchange, point-of-sale systems, and consumer education tailored to these businesses. (B) Providing a limited, time-certain delay for the application of the covered battery-embedded product stewardship program to discount stores will support effective implementation of the program while maintaining the state’s policy commitment to increased collection and recycling of covered battery-embedded products. SEC. 2. Section 42463 of the Public Resources Code is amended to read: 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 dealer, including replacement parts for use in a motor vehicle. (B) A video display device that is contained within, or a part of a piece of industrial, commercial, or medical equipment, including monitoring or control equipment. (C) A video display device that is contained within a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air-conditioner, dehumidifier, or air purifier. (D) An electronic device, on and after the date that it ceases to be a covered electronic device pursuant to subdivision (f) of Section 25214.10.1 of the Health and Safety Code. (h) “Covered electronic waste” or “covered e-waste” means a covered electronic device that is discarded. (i) “Covered electronic waste recycling fee” or “covered e-waste recycling fee” means the fee imposed for covered electronic devices, as defined in subparagraph (A) of paragraph (1) of subdivision (g), pursuant to Article 3 (commencing with Section 42464). (j) “Covered electronic waste recycler” or “covered e-waste recycler” means any of the following: (1) A person who engages in the manual or mechanical separation of covered electronic devices to recover components and commodities contained therein for the purpose of reuse or recycling. (2) A person who changes the physical or chemical composition of a covered electronic device, in accordance with the requirements of Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code and the regulations adopted pursuant to that chapter, by deconstructing, size reduction, crushing, cutting, sawing, compacting, shredding, or refining for purposes of segregating components, for purposes of recovering or recycling those components, and who arranges for the transport of those components to an end user. (3) A manufacturer who meets any conditions established by this chapter and Chapter 6.5 (commencing with Section 25100) of Division 20 of the Health and Safety Code for the collection or recycling of covered electronic waste. (k) “Director” means the Director of Resources Recycling and Recovery. (l) “Discarded” has the same meaning as set forth in subdivision (b) of Section 25124 of the Health and Safety Code. (m) “Discount store” means a retail establishment that is primarily engaged in the sale of general merchandise, household goods, apparel, seasonal goods, and other consumer products at everyday low prices, and that operates on a self-service, high-volume, low-margin retail model. A discount store does not include a general merchandise supercenter, hypermarket, warehouse club, membership club, or other big box retail format with a gross floor area exceeding 100,000 square feet or that devotes more than 10 percent of its sales floor area to grocery, food, or other consumable goods. (n) “DTSC” means the Department of Toxic Substances Control. (o) “Electronic waste recovery payment” means an amount established and paid by CalRecycle pursuant to Section 42477. (p) “Electronic waste recycling payment” means an amount established and paid by CalRecycle pursuant to Section 42478. (q) “Hazardous material” has the same meaning as set forth in Section 25501 of the Health and Safety Code. (r) (1) (A) “Manufacturer” means a person who manufactures a covered electronic device and who owns or is the exclusive licensee of the brand or trademark under which the covered electronic device is sold, offered for sale, or distributed in the state. (B) If there is no person in the state who is the manufacturer for purposes of subparagraph (A), the manufacturer of the covered electronic device is the owner or licensee of a brand or trademark under which a covered electronic device is sold, offered for sale, or distributed in the state. (C) If there is no person in the state who is the manufacturer for purposes of subparagraph (A) or (B), the manufacturer of the covered electronic device is the person who sells, offers for sale, or distributes the covered electronic device into the state for sale, offer for sale, or distribution in the state. (2) For purposes of this chapter, the sale of a covered electronic device shall be deemed to occur in the state if the covered electronic device is delivered to the purchaser in the state. (s) “Person” means an individual, trust firm, joint stock company, business concern, and corporation, including, but not limited to, a government corporation, partn [Text truncated for display. Full text available on Congress.gov.]