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| 1 | + | Amended IN Assembly March 13, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2660Introduced by Assembly Member QuirkFebruary 15, 2018 An act to add Article 11.2 (commencing with Section 25230) to Chapter 6.5 of Division 20 of the Health and Safety Code, relating to hazardous waste. LEGISLATIVE COUNSEL'S DIGESTAB 2660, as amended, Quirk. Hazardous waste: surplus household consumer products.Existing law requires the Department of Resources Recycling and Recovery, in consultation with the Department of Toxic Substances Control, to develop and implement a public information program to provide uniform and consistent information on the proper disposal of hazardous substances found in and around homes. Existing law provides for regulation of the disposition of hazardous waste by the Department of Toxic Substances Control. Existing law requires the Department of Toxic Substances Control to convene a Retail Waste Working Group, as prescribed, to consider and make findings and recommendations relating to requirements for the management of surplus household consumer products, waste reduction opportunities for those products, and waste management requirements, as specified. A violation of the hazardous waste control laws is a crime.This bill would impose certain requirement on a person who retailer or manufacturer that transfers or ships from a location in the state a surplus household consumer product, as defined by the bill, to a reverse distributor, as defined. The bill would authorize a reverse distributor to receive a surplus household consumer product to evaluate the product for reuse, donation, transfer for credit, and other specified purposes. The bill would authorize a reverse distributor to transfer the product for recycling or disposal only after first evaluating the product for all of the other specified purposes. The bill would provide that a surplus household consumer product transferred or shipped to a reverse distributor is not a waste and that the person retailer or manufacturer transferring or shipping the surplus household consumer product to the reverse distributor is not required to make a waste determination for that surplus household consumer product. The bill would provide that a surplus household consumer product is not a waste until a reverse distributor, or other person in possession of the surplus household consumer product, makes the decision to recycle or dispose of the surplus household consumer product. By creating a new crime, this 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 no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 11.2 (commencing with Section 25230) is added to Chapter 6.5 of Division 20 of the Health and Safety Code, to read: Article 11.2. Surplus Household Consumer Products25230. The Legislature finds and declares that this article is intended to augment the established processes for the management of surplus household consumer products that can be safely used, donated, or sold, that are subject to recall, or for which a retailer may obtain bona fide financial credit or other financial reconciliation. reconciliation, and to maximize the number of surplus household consumer products in the state that are managed in accordance with state law.25231. For purposes of this article, the following definitions shall apply:(a) Reverse distributor means a location, or part of a location, where surplus household consumer products are received and evaluated for purposes of any of the following:(1) Selling or arranging for the sale of the products.(2) Donating or arranging for the donation of the products.(3) Determining a manufacturers, vendors, or suppliers bona fide financial credit or facilitating other financial reconciliation for the products.(4) Transferring the products to a manufacturer, distributor, vendor, or supplier, or the respective agent of each.(5) Undertaking recalls pursuant to a directive of a manufacturer, retailer, wholesaler, or government agency, after the product has been shipped to market or sold to a consumer, because the product is considered, or is alleged to be, defective, mislabeled, contaminated, unsafe, or unlawful.(6) Conducting other activities consistent with the purposes of this article that are authorized by the department.(7) Transferring the products for recycling or disposal, after first evaluating the products for all of the purposes described in paragraphs (1) to (6), inclusive.(b) Surplus household consumer product means a consumer product packaged for personal, family, or household use that meets all of the following conditions:(1) The consumer product meets any of the following conditions:(A) Has reasonable potential for use.(B) Whether or not expired, is subject to a contractual agreement providing for the return of the product to the manufacturer, manufacturers agent, vendor, or supplier for a bona fide financial credit or other financial reconciliation, and has reasonable potential to qualify for a bona fide financial credit or other financial reconciliation.(C) Whether or not expired, has been recalled pursuant to a directive of a manufacturer, retailer, wholesaler, or government agency, after the product has been shipped to market or sold to a consumer, because the product is considered, or is alleged to be, defective, mislabeled, contaminated, unsafe, or unlawful.(2) The product is packaged in its original packaging or a package of similar strength and integrity.(3) The product is not a drug, as defined in the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 321(g)(1)), that is offered for sale with a prescription.25232. A surplus household consumer product is not a waste, as defined in Section 25124, until a reverse distributor, or other person in possession of the surplus household consumer product, makes the decision to recycle or dispose of the surplus household consumer product.25233. (a) A person located in California retailer or manufacturer who transfers or ships a surplus household consumer product from a location in the state to a reverse distributor shall do all of the following:(1) Package, transfer, and ship the surplus household consumer product in accordance with all applicable state and federal regulations relating to the packaging, transfer, and shipment of consumer products, including applicable reverse logistics requirements.(2) Maintain, for a period of three years following the date of the shipment, records of each shipment of surplus household consumer products to a reverse distributor that demonstrate that each shipment was received. The documentation may include bills of lading, electronic accounting records, logs, invoices, or other shipping documentation.(3) Make the records maintained under paragraph (2) this section available for inspection by any enforcement agency with jurisdiction within a reasonable period of time upon request.(4) If the reverse distributor is located outside of California in a state that does not apply Californias definition of hazardous waste, as specified in Section 25117, require the reverse distributor, as a condition of receipt of the retailers or manufacturers surplus household consumer products, to provide, on or before April 1, 2020, and on or before April 1 of each year thereafter, to the retailer or manufacturer the percentage of surplus household consumer products received from all retailer or manufacturer locations in California as to which, in the preceding calendar year, the reverse distributor did each of the following:(A) Donated.(B) Sold for salvage or reuse.(C) Shipped to a vendor or a vendors agent.(D) Disposed of as solid waste, other than disposal as part of a recall.(E) Disposed of as medical waste, other than disposal as part of a recall.(F) Disposed of as hazardous waste, other than disposal as part of a recall.(5) If paragraph (4) applies, prepare, on or before May 1, 2020, for the 2019 calendar year, and on or before May 1 of each year thereafter for the preceding calendar year, a document summarizing the responses received pursuant to paragraph (4) and indicating the number of items of surplus household consumer products that the retailer or manufacturer shipped in the preceding calendar year to each reverse distributor located in a state that does not apply Californias definition of hazardous waste, pursuant to Section 25117.(6) Maintain the documents required pursuant to paragraph (5) for three years.(b) A surplus household consumer product transferred or shipped to a reverse distributor pursuant to subdivision (a) is not a waste, as defined in Section 25124, and the person retailer or manufacturer transferring or shipping the surplus household consumer product to the reverse distributor shall not be required to make a waste determination for that surplus household consumer product.25234. If a person required to provide records under this article asserts that the record or a portion thereof contains corporate proprietary information or other information exempt from disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) or other applicable law, the provisions of Section 25257 shall apply with respect to those records as if Section 25257 were in this article.25235. Nothing in this article is intended to expand the definition of waste as set forth in Section 25124. A failure to comply with this article shall be subject to an enforcement action pursuant to Article 8 (commencing with Section 25180), but shall not render any facility a treatment, storage, or disposal facility subject to permitting under Section 25200.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly March 13, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2660Introduced by Assembly Member QuirkFebruary 15, 2018 An act to add Article 11.2 (commencing with Section 25230) to Chapter 6.5 of Division 20 of the Health and Safety Code, relating to hazardous waste. LEGISLATIVE COUNSEL'S DIGESTAB 2660, as amended, Quirk. Hazardous waste: surplus household consumer products.Existing law requires the Department of Resources Recycling and Recovery, in consultation with the Department of Toxic Substances Control, to develop and implement a public information program to provide uniform and consistent information on the proper disposal of hazardous substances found in and around homes. Existing law provides for regulation of the disposition of hazardous waste by the Department of Toxic Substances Control. Existing law requires the Department of Toxic Substances Control to convene a Retail Waste Working Group, as prescribed, to consider and make findings and recommendations relating to requirements for the management of surplus household consumer products, waste reduction opportunities for those products, and waste management requirements, as specified. A violation of the hazardous waste control laws is a crime.This bill would impose certain requirement on a person who retailer or manufacturer that transfers or ships from a location in the state a surplus household consumer product, as defined by the bill, to a reverse distributor, as defined. The bill would authorize a reverse distributor to receive a surplus household consumer product to evaluate the product for reuse, donation, transfer for credit, and other specified purposes. The bill would authorize a reverse distributor to transfer the product for recycling or disposal only after first evaluating the product for all of the other specified purposes. The bill would provide that a surplus household consumer product transferred or shipped to a reverse distributor is not a waste and that the person retailer or manufacturer transferring or shipping the surplus household consumer product to the reverse distributor is not required to make a waste determination for that surplus household consumer product. The bill would provide that a surplus household consumer product is not a waste until a reverse distributor, or other person in possession of the surplus household consumer product, makes the decision to recycle or dispose of the surplus household consumer product. By creating a new crime, this 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 no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly March 13, 2018 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate May 21, 2018 | |
| 8 | 7 | Amended IN Assembly March 13, 2018 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Assembly Bill No. 2660 | |
| 13 | 12 | ||
| 14 | 13 | Introduced by Assembly Member QuirkFebruary 15, 2018 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Assembly Member Quirk | |
| 17 | 16 | February 15, 2018 | |
| 18 | 17 | ||
| 19 | 18 | An act to add Article 11.2 (commencing with Section 25230) to Chapter 6.5 of Division 20 of the Health and Safety Code, relating to hazardous waste. | |
| 20 | 19 | ||
| 21 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 22 | 21 | ||
| 23 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | AB 2660, as amended, Quirk. Hazardous waste: surplus household consumer products. | |
| 26 | 25 | ||
| 27 | - | Existing law requires the Department of Resources Recycling and Recovery, in consultation with the Department of Toxic Substances Control, to develop and implement a public information program to provide uniform and consistent information on the proper disposal of hazardous substances found in and around homes. Existing law provides for regulation of the disposition of hazardous waste by the Department of Toxic Substances Control. Existing law requires the Department of Toxic Substances Control to convene a Retail Waste Working Group, as prescribed, to consider and make findings and recommendations relating to requirements for the management of surplus household consumer products, waste reduction opportunities for those products, and waste management requirements, as specified. A violation of the hazardous waste control laws is a crime.This bill would impose certain requirement | |
| 26 | + | Existing law requires the Department of Resources Recycling and Recovery, in consultation with the Department of Toxic Substances Control, to develop and implement a public information program to provide uniform and consistent information on the proper disposal of hazardous substances found in and around homes. Existing law provides for regulation of the disposition of hazardous waste by the Department of Toxic Substances Control. Existing law requires the Department of Toxic Substances Control to convene a Retail Waste Working Group, as prescribed, to consider and make findings and recommendations relating to requirements for the management of surplus household consumer products, waste reduction opportunities for those products, and waste management requirements, as specified. A violation of the hazardous waste control laws is a crime.This bill would impose certain requirement on a person who retailer or manufacturer that transfers or ships from a location in the state a surplus household consumer product, as defined by the bill, to a reverse distributor, as defined. The bill would authorize a reverse distributor to receive a surplus household consumer product to evaluate the product for reuse, donation, transfer for credit, and other specified purposes. The bill would authorize a reverse distributor to transfer the product for recycling or disposal only after first evaluating the product for all of the other specified purposes. The bill would provide that a surplus household consumer product transferred or shipped to a reverse distributor is not a waste and that the person retailer or manufacturer transferring or shipping the surplus household consumer product to the reverse distributor is not required to make a waste determination for that surplus household consumer product. The bill would provide that a surplus household consumer product is not a waste until a reverse distributor, or other person in possession of the surplus household consumer product, makes the decision to recycle or dispose of the surplus household consumer product. By creating a new crime, this 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 no reimbursement is required by this act for a specified reason. | |
| 28 | 27 | ||
| 29 | 28 | Existing law requires the Department of Resources Recycling and Recovery, in consultation with the Department of Toxic Substances Control, to develop and implement a public information program to provide uniform and consistent information on the proper disposal of hazardous substances found in and around homes. Existing law provides for regulation of the disposition of hazardous waste by the Department of Toxic Substances Control. Existing law requires the Department of Toxic Substances Control to convene a Retail Waste Working Group, as prescribed, to consider and make findings and recommendations relating to requirements for the management of surplus household consumer products, waste reduction opportunities for those products, and waste management requirements, as specified. A violation of the hazardous waste control laws is a crime. | |
| 30 | 29 | ||
| 31 | - | This bill would impose certain requirement requirements on a retailer or manufacturer supplier that transfers or ships from a location in the state a surplus household consumer product, as defined by the bill, to a reverse distributor, as defined. The bill would authorize a reverse distributor to receive a surplus household consumer product to evaluate the a surplus household consumer product for reuse, donation, transfer for credit, and other specified purposes. The bill would authorize a reverse distributor to transfer the product for recycling or disposal only after first evaluating the product for all of the other specified purposes. The bill would provide that a surplus household consumer product transferred or shipped to a reverse distributor is not a waste and that the retailer or manufacturer transferring or shipping the surplus household consumer product to the reverse distributor is not required to make a waste determination for that surplus household consumer product. while it is being processed at, stored at, or shipped to a reverse distributor for evaluation, shipped from a reverse distributor, or while it is being shipped, or stored prior to shipment, by a retailer or supplier. The bill would provide that a surplus household consumer product is not a waste until a reverse distributor, or other person in possession of the surplus household consumer product, makes the decision to recycle or dispose of the surplus household consumer product. commencing at the time that it is discarded by the reverse distributor or supplier that last possessed it. The bill would authorize a retailer or distributor that does not transfer or ship a surplus household consumer product to a reverse distributor for evaluation to instead manage that product in accordance with the requirements governing the applicable waste category for that product. By creating a new crime, this bill would impose a state-mandated local program. | |
| 32 | - | ||
| 33 | - | The bill would require the Department of Toxic Substances Control to reconvene the Retail Waste Working Group at a date determined by the Department of Toxic Substances Control for the purpose of evaluating whether the provisions of this bill have resulted in specified outcomes. The bill would require the Department of Toxic Substances Control to provide a report to the Legislature after the Retail Waste Working Group has completed its evaluation. | |
| 30 | + | This bill would impose certain requirement on a person who retailer or manufacturer that transfers or ships from a location in the state a surplus household consumer product, as defined by the bill, to a reverse distributor, as defined. The bill would authorize a reverse distributor to receive a surplus household consumer product to evaluate the product for reuse, donation, transfer for credit, and other specified purposes. The bill would authorize a reverse distributor to transfer the product for recycling or disposal only after first evaluating the product for all of the other specified purposes. The bill would provide that a surplus household consumer product transferred or shipped to a reverse distributor is not a waste and that the person retailer or manufacturer transferring or shipping the surplus household consumer product to the reverse distributor is not required to make a waste determination for that surplus household consumer product. The bill would provide that a surplus household consumer product is not a waste until a reverse distributor, or other person in possession of the surplus household consumer product, makes the decision to recycle or dispose of the surplus household consumer product. By creating a new crime, this bill would impose a state-mandated local program. | |
| 34 | 31 | ||
| 35 | 32 | 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. | |
| 36 | 33 | ||
| 37 | 34 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 38 | 35 | ||
| 39 | 36 | ## Digest Key | |
| 40 | 37 | ||
| 41 | 38 | ## Bill Text | |
| 42 | 39 | ||
| 43 | - | The people of the State of California do enact as follows:SECTION 1. Article 11.2 (commencing with Section 25230) is added to Chapter 6.5 of Division 20 of the Health and Safety Code, to read: Article 11.2. Surplus Household Consumer Products25230. The Legislature finds and declares that this article is intended to augment the that | |
| 40 | + | The people of the State of California do enact as follows:SECTION 1. Article 11.2 (commencing with Section 25230) is added to Chapter 6.5 of Division 20 of the Health and Safety Code, to read: Article 11.2. Surplus Household Consumer Products25230. The Legislature finds and declares that this article is intended to augment the established processes for the management of surplus household consumer products that can be safely used, donated, or sold, that are subject to recall, or for which a retailer may obtain bona fide financial credit or other financial reconciliation. reconciliation, and to maximize the number of surplus household consumer products in the state that are managed in accordance with state law.25231. For purposes of this article, the following definitions shall apply:(a) Reverse distributor means a location, or part of a location, where surplus household consumer products are received and evaluated for purposes of any of the following:(1) Selling or arranging for the sale of the products.(2) Donating or arranging for the donation of the products.(3) Determining a manufacturers, vendors, or suppliers bona fide financial credit or facilitating other financial reconciliation for the products.(4) Transferring the products to a manufacturer, distributor, vendor, or supplier, or the respective agent of each.(5) Undertaking recalls pursuant to a directive of a manufacturer, retailer, wholesaler, or government agency, after the product has been shipped to market or sold to a consumer, because the product is considered, or is alleged to be, defective, mislabeled, contaminated, unsafe, or unlawful.(6) Conducting other activities consistent with the purposes of this article that are authorized by the department.(7) Transferring the products for recycling or disposal, after first evaluating the products for all of the purposes described in paragraphs (1) to (6), inclusive.(b) Surplus household consumer product means a consumer product packaged for personal, family, or household use that meets all of the following conditions:(1) The consumer product meets any of the following conditions:(A) Has reasonable potential for use.(B) Whether or not expired, is subject to a contractual agreement providing for the return of the product to the manufacturer, manufacturers agent, vendor, or supplier for a bona fide financial credit or other financial reconciliation, and has reasonable potential to qualify for a bona fide financial credit or other financial reconciliation.(C) Whether or not expired, has been recalled pursuant to a directive of a manufacturer, retailer, wholesaler, or government agency, after the product has been shipped to market or sold to a consumer, because the product is considered, or is alleged to be, defective, mislabeled, contaminated, unsafe, or unlawful.(2) The product is packaged in its original packaging or a package of similar strength and integrity.(3) The product is not a drug, as defined in the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 321(g)(1)), that is offered for sale with a prescription.25232. A surplus household consumer product is not a waste, as defined in Section 25124, until a reverse distributor, or other person in possession of the surplus household consumer product, makes the decision to recycle or dispose of the surplus household consumer product.25233. (a) A person located in California retailer or manufacturer who transfers or ships a surplus household consumer product from a location in the state to a reverse distributor shall do all of the following:(1) Package, transfer, and ship the surplus household consumer product in accordance with all applicable state and federal regulations relating to the packaging, transfer, and shipment of consumer products, including applicable reverse logistics requirements.(2) Maintain, for a period of three years following the date of the shipment, records of each shipment of surplus household consumer products to a reverse distributor that demonstrate that each shipment was received. The documentation may include bills of lading, electronic accounting records, logs, invoices, or other shipping documentation.(3) Make the records maintained under paragraph (2) this section available for inspection by any enforcement agency with jurisdiction within a reasonable period of time upon request.(4) If the reverse distributor is located outside of California in a state that does not apply Californias definition of hazardous waste, as specified in Section 25117, require the reverse distributor, as a condition of receipt of the retailers or manufacturers surplus household consumer products, to provide, on or before April 1, 2020, and on or before April 1 of each year thereafter, to the retailer or manufacturer the percentage of surplus household consumer products received from all retailer or manufacturer locations in California as to which, in the preceding calendar year, the reverse distributor did each of the following:(A) Donated.(B) Sold for salvage or reuse.(C) Shipped to a vendor or a vendors agent.(D) Disposed of as solid waste, other than disposal as part of a recall.(E) Disposed of as medical waste, other than disposal as part of a recall.(F) Disposed of as hazardous waste, other than disposal as part of a recall.(5) If paragraph (4) applies, prepare, on or before May 1, 2020, for the 2019 calendar year, and on or before May 1 of each year thereafter for the preceding calendar year, a document summarizing the responses received pursuant to paragraph (4) and indicating the number of items of surplus household consumer products that the retailer or manufacturer shipped in the preceding calendar year to each reverse distributor located in a state that does not apply Californias definition of hazardous waste, pursuant to Section 25117.(6) Maintain the documents required pursuant to paragraph (5) for three years.(b) A surplus household consumer product transferred or shipped to a reverse distributor pursuant to subdivision (a) is not a waste, as defined in Section 25124, and the person retailer or manufacturer transferring or shipping the surplus household consumer product to the reverse distributor shall not be required to make a waste determination for that surplus household consumer product.25234. If a person required to provide records under this article asserts that the record or a portion thereof contains corporate proprietary information or other information exempt from disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) or other applicable law, the provisions of Section 25257 shall apply with respect to those records as if Section 25257 were in this article.25235. Nothing in this article is intended to expand the definition of waste as set forth in Section 25124. A failure to comply with this article shall be subject to an enforcement action pursuant to Article 8 (commencing with Section 25180), but shall not render any facility a treatment, storage, or disposal facility subject to permitting under Section 25200.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 44 | 41 | ||
| 45 | 42 | The people of the State of California do enact as follows: | |
| 46 | 43 | ||
| 47 | 44 | ## The people of the State of California do enact as follows: | |
| 48 | 45 | ||
| 49 | - | SECTION 1. Article 11.2 (commencing with Section 25230) is added to Chapter 6.5 of Division 20 of the Health and Safety Code, to read: Article 11.2. Surplus Household Consumer Products25230. The Legislature finds and declares that this article is intended to augment the that | |
| 46 | + | SECTION 1. Article 11.2 (commencing with Section 25230) is added to Chapter 6.5 of Division 20 of the Health and Safety Code, to read: Article 11.2. Surplus Household Consumer Products25230. The Legislature finds and declares that this article is intended to augment the established processes for the management of surplus household consumer products that can be safely used, donated, or sold, that are subject to recall, or for which a retailer may obtain bona fide financial credit or other financial reconciliation. reconciliation, and to maximize the number of surplus household consumer products in the state that are managed in accordance with state law.25231. For purposes of this article, the following definitions shall apply:(a) Reverse distributor means a location, or part of a location, where surplus household consumer products are received and evaluated for purposes of any of the following:(1) Selling or arranging for the sale of the products.(2) Donating or arranging for the donation of the products.(3) Determining a manufacturers, vendors, or suppliers bona fide financial credit or facilitating other financial reconciliation for the products.(4) Transferring the products to a manufacturer, distributor, vendor, or supplier, or the respective agent of each.(5) Undertaking recalls pursuant to a directive of a manufacturer, retailer, wholesaler, or government agency, after the product has been shipped to market or sold to a consumer, because the product is considered, or is alleged to be, defective, mislabeled, contaminated, unsafe, or unlawful.(6) Conducting other activities consistent with the purposes of this article that are authorized by the department.(7) Transferring the products for recycling or disposal, after first evaluating the products for all of the purposes described in paragraphs (1) to (6), inclusive.(b) Surplus household consumer product means a consumer product packaged for personal, family, or household use that meets all of the following conditions:(1) The consumer product meets any of the following conditions:(A) Has reasonable potential for use.(B) Whether or not expired, is subject to a contractual agreement providing for the return of the product to the manufacturer, manufacturers agent, vendor, or supplier for a bona fide financial credit or other financial reconciliation, and has reasonable potential to qualify for a bona fide financial credit or other financial reconciliation.(C) Whether or not expired, has been recalled pursuant to a directive of a manufacturer, retailer, wholesaler, or government agency, after the product has been shipped to market or sold to a consumer, because the product is considered, or is alleged to be, defective, mislabeled, contaminated, unsafe, or unlawful.(2) The product is packaged in its original packaging or a package of similar strength and integrity.(3) The product is not a drug, as defined in the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 321(g)(1)), that is offered for sale with a prescription.25232. A surplus household consumer product is not a waste, as defined in Section 25124, until a reverse distributor, or other person in possession of the surplus household consumer product, makes the decision to recycle or dispose of the surplus household consumer product.25233. (a) A person located in California retailer or manufacturer who transfers or ships a surplus household consumer product from a location in the state to a reverse distributor shall do all of the following:(1) Package, transfer, and ship the surplus household consumer product in accordance with all applicable state and federal regulations relating to the packaging, transfer, and shipment of consumer products, including applicable reverse logistics requirements.(2) Maintain, for a period of three years following the date of the shipment, records of each shipment of surplus household consumer products to a reverse distributor that demonstrate that each shipment was received. The documentation may include bills of lading, electronic accounting records, logs, invoices, or other shipping documentation.(3) Make the records maintained under paragraph (2) this section available for inspection by any enforcement agency with jurisdiction within a reasonable period of time upon request.(4) If the reverse distributor is located outside of California in a state that does not apply Californias definition of hazardous waste, as specified in Section 25117, require the reverse distributor, as a condition of receipt of the retailers or manufacturers surplus household consumer products, to provide, on or before April 1, 2020, and on or before April 1 of each year thereafter, to the retailer or manufacturer the percentage of surplus household consumer products received from all retailer or manufacturer locations in California as to which, in the preceding calendar year, the reverse distributor did each of the following:(A) Donated.(B) Sold for salvage or reuse.(C) Shipped to a vendor or a vendors agent.(D) Disposed of as solid waste, other than disposal as part of a recall.(E) Disposed of as medical waste, other than disposal as part of a recall.(F) Disposed of as hazardous waste, other than disposal as part of a recall.(5) If paragraph (4) applies, prepare, on or before May 1, 2020, for the 2019 calendar year, and on or before May 1 of each year thereafter for the preceding calendar year, a document summarizing the responses received pursuant to paragraph (4) and indicating the number of items of surplus household consumer products that the retailer or manufacturer shipped in the preceding calendar year to each reverse distributor located in a state that does not apply Californias definition of hazardous waste, pursuant to Section 25117.(6) Maintain the documents required pursuant to paragraph (5) for three years.(b) A surplus household consumer product transferred or shipped to a reverse distributor pursuant to subdivision (a) is not a waste, as defined in Section 25124, and the person retailer or manufacturer transferring or shipping the surplus household consumer product to the reverse distributor shall not be required to make a waste determination for that surplus household consumer product.25234. If a person required to provide records under this article asserts that the record or a portion thereof contains corporate proprietary information or other information exempt from disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) or other applicable law, the provisions of Section 25257 shall apply with respect to those records as if Section 25257 were in this article.25235. Nothing in this article is intended to expand the definition of waste as set forth in Section 25124. A failure to comply with this article shall be subject to an enforcement action pursuant to Article 8 (commencing with Section 25180), but shall not render any facility a treatment, storage, or disposal facility subject to permitting under Section 25200. | |
| 50 | 47 | ||
| 51 | 48 | SECTION 1. Article 11.2 (commencing with Section 25230) is added to Chapter 6.5 of Division 20 of the Health and Safety Code, to read: | |
| 52 | 49 | ||
| 53 | 50 | ### SECTION 1. | |
| 54 | 51 | ||
| 55 | - | Article 11.2. Surplus Household Consumer Products25230. The Legislature finds and declares that this article is intended to augment the that | |
| 52 | + | Article 11.2. Surplus Household Consumer Products25230. The Legislature finds and declares that this article is intended to augment the established processes for the management of surplus household consumer products that can be safely used, donated, or sold, that are subject to recall, or for which a retailer may obtain bona fide financial credit or other financial reconciliation. reconciliation, and to maximize the number of surplus household consumer products in the state that are managed in accordance with state law.25231. For purposes of this article, the following definitions shall apply:(a) Reverse distributor means a location, or part of a location, where surplus household consumer products are received and evaluated for purposes of any of the following:(1) Selling or arranging for the sale of the products.(2) Donating or arranging for the donation of the products.(3) Determining a manufacturers, vendors, or suppliers bona fide financial credit or facilitating other financial reconciliation for the products.(4) Transferring the products to a manufacturer, distributor, vendor, or supplier, or the respective agent of each.(5) Undertaking recalls pursuant to a directive of a manufacturer, retailer, wholesaler, or government agency, after the product has been shipped to market or sold to a consumer, because the product is considered, or is alleged to be, defective, mislabeled, contaminated, unsafe, or unlawful.(6) Conducting other activities consistent with the purposes of this article that are authorized by the department.(7) Transferring the products for recycling or disposal, after first evaluating the products for all of the purposes described in paragraphs (1) to (6), inclusive.(b) Surplus household consumer product means a consumer product packaged for personal, family, or household use that meets all of the following conditions:(1) The consumer product meets any of the following conditions:(A) Has reasonable potential for use.(B) Whether or not expired, is subject to a contractual agreement providing for the return of the product to the manufacturer, manufacturers agent, vendor, or supplier for a bona fide financial credit or other financial reconciliation, and has reasonable potential to qualify for a bona fide financial credit or other financial reconciliation.(C) Whether or not expired, has been recalled pursuant to a directive of a manufacturer, retailer, wholesaler, or government agency, after the product has been shipped to market or sold to a consumer, because the product is considered, or is alleged to be, defective, mislabeled, contaminated, unsafe, or unlawful.(2) The product is packaged in its original packaging or a package of similar strength and integrity.(3) The product is not a drug, as defined in the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 321(g)(1)), that is offered for sale with a prescription.25232. A surplus household consumer product is not a waste, as defined in Section 25124, until a reverse distributor, or other person in possession of the surplus household consumer product, makes the decision to recycle or dispose of the surplus household consumer product.25233. (a) A person located in California retailer or manufacturer who transfers or ships a surplus household consumer product from a location in the state to a reverse distributor shall do all of the following:(1) Package, transfer, and ship the surplus household consumer product in accordance with all applicable state and federal regulations relating to the packaging, transfer, and shipment of consumer products, including applicable reverse logistics requirements.(2) Maintain, for a period of three years following the date of the shipment, records of each shipment of surplus household consumer products to a reverse distributor that demonstrate that each shipment was received. The documentation may include bills of lading, electronic accounting records, logs, invoices, or other shipping documentation.(3) Make the records maintained under paragraph (2) this section available for inspection by any enforcement agency with jurisdiction within a reasonable period of time upon request.(4) If the reverse distributor is located outside of California in a state that does not apply Californias definition of hazardous waste, as specified in Section 25117, require the reverse distributor, as a condition of receipt of the retailers or manufacturers surplus household consumer products, to provide, on or before April 1, 2020, and on or before April 1 of each year thereafter, to the retailer or manufacturer the percentage of surplus household consumer products received from all retailer or manufacturer locations in California as to which, in the preceding calendar year, the reverse distributor did each of the following:(A) Donated.(B) Sold for salvage or reuse.(C) Shipped to a vendor or a vendors agent.(D) Disposed of as solid waste, other than disposal as part of a recall.(E) Disposed of as medical waste, other than disposal as part of a recall.(F) Disposed of as hazardous waste, other than disposal as part of a recall.(5) If paragraph (4) applies, prepare, on or before May 1, 2020, for the 2019 calendar year, and on or before May 1 of each year thereafter for the preceding calendar year, a document summarizing the responses received pursuant to paragraph (4) and indicating the number of items of surplus household consumer products that the retailer or manufacturer shipped in the preceding calendar year to each reverse distributor located in a state that does not apply Californias definition of hazardous waste, pursuant to Section 25117.(6) Maintain the documents required pursuant to paragraph (5) for three years.(b) A surplus household consumer product transferred or shipped to a reverse distributor pursuant to subdivision (a) is not a waste, as defined in Section 25124, and the person retailer or manufacturer transferring or shipping the surplus household consumer product to the reverse distributor shall not be required to make a waste determination for that surplus household consumer product.25234. If a person required to provide records under this article asserts that the record or a portion thereof contains corporate proprietary information or other information exempt from disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) or other applicable law, the provisions of Section 25257 shall apply with respect to those records as if Section 25257 were in this article.25235. Nothing in this article is intended to expand the definition of waste as set forth in Section 25124. A failure to comply with this article shall be subject to an enforcement action pursuant to Article 8 (commencing with Section 25180), but shall not render any facility a treatment, storage, or disposal facility subject to permitting under Section 25200. | |
| 56 | 53 | ||
| 57 | - | Article 11.2. Surplus Household Consumer Products25230. The Legislature finds and declares that this article is intended to augment the that | |
| 54 | + | Article 11.2. Surplus Household Consumer Products25230. The Legislature finds and declares that this article is intended to augment the established processes for the management of surplus household consumer products that can be safely used, donated, or sold, that are subject to recall, or for which a retailer may obtain bona fide financial credit or other financial reconciliation. reconciliation, and to maximize the number of surplus household consumer products in the state that are managed in accordance with state law.25231. For purposes of this article, the following definitions shall apply:(a) Reverse distributor means a location, or part of a location, where surplus household consumer products are received and evaluated for purposes of any of the following:(1) Selling or arranging for the sale of the products.(2) Donating or arranging for the donation of the products.(3) Determining a manufacturers, vendors, or suppliers bona fide financial credit or facilitating other financial reconciliation for the products.(4) Transferring the products to a manufacturer, distributor, vendor, or supplier, or the respective agent of each.(5) Undertaking recalls pursuant to a directive of a manufacturer, retailer, wholesaler, or government agency, after the product has been shipped to market or sold to a consumer, because the product is considered, or is alleged to be, defective, mislabeled, contaminated, unsafe, or unlawful.(6) Conducting other activities consistent with the purposes of this article that are authorized by the department.(7) Transferring the products for recycling or disposal, after first evaluating the products for all of the purposes described in paragraphs (1) to (6), inclusive.(b) Surplus household consumer product means a consumer product packaged for personal, family, or household use that meets all of the following conditions:(1) The consumer product meets any of the following conditions:(A) Has reasonable potential for use.(B) Whether or not expired, is subject to a contractual agreement providing for the return of the product to the manufacturer, manufacturers agent, vendor, or supplier for a bona fide financial credit or other financial reconciliation, and has reasonable potential to qualify for a bona fide financial credit or other financial reconciliation.(C) Whether or not expired, has been recalled pursuant to a directive of a manufacturer, retailer, wholesaler, or government agency, after the product has been shipped to market or sold to a consumer, because the product is considered, or is alleged to be, defective, mislabeled, contaminated, unsafe, or unlawful.(2) The product is packaged in its original packaging or a package of similar strength and integrity.(3) The product is not a drug, as defined in the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 321(g)(1)), that is offered for sale with a prescription.25232. A surplus household consumer product is not a waste, as defined in Section 25124, until a reverse distributor, or other person in possession of the surplus household consumer product, makes the decision to recycle or dispose of the surplus household consumer product.25233. (a) A person located in California retailer or manufacturer who transfers or ships a surplus household consumer product from a location in the state to a reverse distributor shall do all of the following:(1) Package, transfer, and ship the surplus household consumer product in accordance with all applicable state and federal regulations relating to the packaging, transfer, and shipment of consumer products, including applicable reverse logistics requirements.(2) Maintain, for a period of three years following the date of the shipment, records of each shipment of surplus household consumer products to a reverse distributor that demonstrate that each shipment was received. The documentation may include bills of lading, electronic accounting records, logs, invoices, or other shipping documentation.(3) Make the records maintained under paragraph (2) this section available for inspection by any enforcement agency with jurisdiction within a reasonable period of time upon request.(4) If the reverse distributor is located outside of California in a state that does not apply Californias definition of hazardous waste, as specified in Section 25117, require the reverse distributor, as a condition of receipt of the retailers or manufacturers surplus household consumer products, to provide, on or before April 1, 2020, and on or before April 1 of each year thereafter, to the retailer or manufacturer the percentage of surplus household consumer products received from all retailer or manufacturer locations in California as to which, in the preceding calendar year, the reverse distributor did each of the following:(A) Donated.(B) Sold for salvage or reuse.(C) Shipped to a vendor or a vendors agent.(D) Disposed of as solid waste, other than disposal as part of a recall.(E) Disposed of as medical waste, other than disposal as part of a recall.(F) Disposed of as hazardous waste, other than disposal as part of a recall.(5) If paragraph (4) applies, prepare, on or before May 1, 2020, for the 2019 calendar year, and on or before May 1 of each year thereafter for the preceding calendar year, a document summarizing the responses received pursuant to paragraph (4) and indicating the number of items of surplus household consumer products that the retailer or manufacturer shipped in the preceding calendar year to each reverse distributor located in a state that does not apply Californias definition of hazardous waste, pursuant to Section 25117.(6) Maintain the documents required pursuant to paragraph (5) for three years.(b) A surplus household consumer product transferred or shipped to a reverse distributor pursuant to subdivision (a) is not a waste, as defined in Section 25124, and the person retailer or manufacturer transferring or shipping the surplus household consumer product to the reverse distributor shall not be required to make a waste determination for that surplus household consumer product.25234. If a person required to provide records under this article asserts that the record or a portion thereof contains corporate proprietary information or other information exempt from disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) or other applicable law, the provisions of Section 25257 shall apply with respect to those records as if Section 25257 were in this article.25235. Nothing in this article is intended to expand the definition of waste as set forth in Section 25124. A failure to comply with this article shall be subject to an enforcement action pursuant to Article 8 (commencing with Section 25180), but shall not render any facility a treatment, storage, or disposal facility subject to permitting under Section 25200. | |
| 58 | 55 | ||
| 59 | 56 | Article 11.2. Surplus Household Consumer Products | |
| 60 | 57 | ||
| 61 | 58 | Article 11.2. Surplus Household Consumer Products | |
| 62 | 59 | ||
| 63 | - | 25230. The Legislature finds and declares that this article is intended to augment the | |
| 60 | + | 25230. The Legislature finds and declares that this article is intended to augment the established processes for the management of surplus household consumer products that can be safely used, donated, or sold, that are subject to recall, or for which a retailer may obtain bona fide financial credit or other financial reconciliation. reconciliation, and to maximize the number of surplus household consumer products in the state that are managed in accordance with state law. | |
| 64 | 61 | ||
| 65 | 62 | ||
| 66 | 63 | ||
| 67 | - | 25230. The Legislature finds and declares that this article is intended to augment the | |
| 64 | + | 25230. The Legislature finds and declares that this article is intended to augment the established processes for the management of surplus household consumer products that can be safely used, donated, or sold, that are subject to recall, or for which a retailer may obtain bona fide financial credit or other financial reconciliation. reconciliation, and to maximize the number of surplus household consumer products in the state that are managed in accordance with state law. | |
| 68 | 65 | ||
| 69 | - | 25231 | |
| 66 | + | 25231. For purposes of this article, the following definitions shall apply:(a) Reverse distributor means a location, or part of a location, where surplus household consumer products are received and evaluated for purposes of any of the following:(1) Selling or arranging for the sale of the products.(2) Donating or arranging for the donation of the products.(3) Determining a manufacturers, vendors, or suppliers bona fide financial credit or facilitating other financial reconciliation for the products.(4) Transferring the products to a manufacturer, distributor, vendor, or supplier, or the respective agent of each.(5) Undertaking recalls pursuant to a directive of a manufacturer, retailer, wholesaler, or government agency, after the product has been shipped to market or sold to a consumer, because the product is considered, or is alleged to be, defective, mislabeled, contaminated, unsafe, or unlawful.(6) Conducting other activities consistent with the purposes of this article that are authorized by the department.(7) Transferring the products for recycling or disposal, after first evaluating the products for all of the purposes described in paragraphs (1) to (6), inclusive.(b) Surplus household consumer product means a consumer product packaged for personal, family, or household use that meets all of the following conditions:(1) The consumer product meets any of the following conditions:(A) Has reasonable potential for use.(B) Whether or not expired, is subject to a contractual agreement providing for the return of the product to the manufacturer, manufacturers agent, vendor, or supplier for a bona fide financial credit or other financial reconciliation, and has reasonable potential to qualify for a bona fide financial credit or other financial reconciliation.(C) Whether or not expired, has been recalled pursuant to a directive of a manufacturer, retailer, wholesaler, or government agency, after the product has been shipped to market or sold to a consumer, because the product is considered, or is alleged to be, defective, mislabeled, contaminated, unsafe, or unlawful.(2) The product is packaged in its original packaging or a package of similar strength and integrity.(3) The product is not a drug, as defined in the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 321(g)(1)), that is offered for sale with a prescription. | |
| 70 | 67 | ||
| 71 | 68 | ||
| 72 | 69 | ||
| 73 | - | 25231 | |
| 70 | + | 25231. For purposes of this article, the following definitions shall apply: | |
| 74 | 71 | ||
| 75 | - | (a) Household consumer | |
| 72 | + | (a) Reverse distributor means a location, or part of a location, where surplus household consumer products are received and evaluated for purposes of any of the following: | |
| 76 | 73 | ||
| 77 | - | ( | |
| 74 | + | (1) Selling or arranging for the sale of the products. | |
| 78 | 75 | ||
| 79 | - | (a) | |
| 76 | + | (2) Donating or arranging for the donation of the products. | |
| 77 | + | ||
| 78 | + | (3) Determining a manufacturers, vendors, or suppliers bona fide financial credit or facilitating other financial reconciliation for the products. | |
| 79 | + | ||
| 80 | + | (4) Transferring the products to a manufacturer, distributor, vendor, or supplier, or the respective agent of each. | |
| 81 | + | ||
| 82 | + | (5) Undertaking recalls pursuant to a directive of a manufacturer, retailer, wholesaler, or government agency, after the product has been shipped to market or sold to a consumer, because the product is considered, or is alleged to be, defective, mislabeled, contaminated, unsafe, or unlawful. | |
| 83 | + | ||
| 84 | + | (6) Conducting other activities consistent with the purposes of this article that are authorized by the department. | |
| 85 | + | ||
| 86 | + | (7) Transferring the products for recycling or disposal, after first evaluating the products for all of the purposes described in paragraphs (1) to (6), inclusive. | |
| 87 | + | ||
| 88 | + | (b) Surplus household consumer product means a consumer product packaged for personal, family, or household use that meets all of the following conditions: | |
| 89 | + | ||
| 90 | + | (1) The consumer product meets any of the following conditions: | |
| 91 | + | ||
| 92 | + | (A) Has reasonable potential for use. | |
| 93 | + | ||
| 94 | + | (B) Whether or not expired, is subject to a contractual agreement providing for the return of the product to the manufacturer, manufacturers agent, vendor, or supplier for a bona fide financial credit or other financial reconciliation, and has reasonable potential to qualify for a bona fide financial credit or other financial reconciliation. | |
| 95 | + | ||
| 96 | + | (C) Whether or not expired, has been recalled pursuant to a directive of a manufacturer, retailer, wholesaler, or government agency, after the product has been shipped to market or sold to a consumer, because the product is considered, or is alleged to be, defective, mislabeled, contaminated, unsafe, or unlawful. | |
| 97 | + | ||
| 98 | + | (2) The product is packaged in its original packaging or a package of similar strength and integrity. | |
| 99 | + | ||
| 100 | + | (3) The product is not a drug, as defined in the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 321(g)(1)), that is offered for sale with a prescription. | |
| 101 | + | ||
| 102 | + | 25232. A surplus household consumer product is not a waste, as defined in Section 25124, until a reverse distributor, or other person in possession of the surplus household consumer product, makes the decision to recycle or dispose of the surplus household consumer product. | |
| 80 | 103 | ||
| 81 | 104 | ||
| 82 | 105 | ||
| 83 | - | ||
| 106 | + | 25232. A surplus household consumer product is not a waste, as defined in Section 25124, until a reverse distributor, or other person in possession of the surplus household consumer product, makes the decision to recycle or dispose of the surplus household consumer product. | |
| 84 | 107 | ||
| 85 | - | (1) Selling or arranging for the sale of the products. products, including repairs of electronic products incident to those sales. | |
| 86 | - | ||
| 87 | - | (2) Donating or arranging for the donation of the products. products, including repairs of electronic products incident to those donations. | |
| 88 | - | ||
| 89 | - | (3) Determining a manufacturers, vendors, or suppliers bona fide financial credit or facilitating other repurchase or financial reconciliation for the products. | |
| 90 | - | ||
| 91 | - | (4) Transferring the products to a manufacturer, distributor, vendor, or supplier, or the respective agent of each. supplier or to a suppliers reverse distributor. | |
| 92 | - | ||
| 93 | - | (5) Undertaking recalls pursuant to a directive of a manufacturer, supplier, retailer, wholesaler, or government agency, after the product has been shipped to market or sold to a consumer, because the product is considered, or is alleged to be, defective, mislabeled, contaminated, unsafe, or unlawful. | |
| 94 | - | ||
| 95 | - | (6) Conducting other activities consistent with the purposes of this article that are authorized by the department. | |
| 96 | - | ||
| 97 | - | (7) Transferring the products for recycling or disposal, after first evaluating the products for all any of the purposes described in paragraphs (1) to (6), inclusive. | |
| 98 | - | ||
| 99 | - | (d) Supplier means a person or entity that supplies or distributes household consumer products to retailers, or an agent of the person or entity. | |
| 100 | - | ||
| 101 | - | (b) | |
| 108 | + | 25233. (a) A person located in California retailer or manufacturer who transfers or ships a surplus household consumer product from a location in the state to a reverse distributor shall do all of the following:(1) Package, transfer, and ship the surplus household consumer product in accordance with all applicable state and federal regulations relating to the packaging, transfer, and shipment of consumer products, including applicable reverse logistics requirements.(2) Maintain, for a period of three years following the date of the shipment, records of each shipment of surplus household consumer products to a reverse distributor that demonstrate that each shipment was received. The documentation may include bills of lading, electronic accounting records, logs, invoices, or other shipping documentation.(3) Make the records maintained under paragraph (2) this section available for inspection by any enforcement agency with jurisdiction within a reasonable period of time upon request.(4) If the reverse distributor is located outside of California in a state that does not apply Californias definition of hazardous waste, as specified in Section 25117, require the reverse distributor, as a condition of receipt of the retailers or manufacturers surplus household consumer products, to provide, on or before April 1, 2020, and on or before April 1 of each year thereafter, to the retailer or manufacturer the percentage of surplus household consumer products received from all retailer or manufacturer locations in California as to which, in the preceding calendar year, the reverse distributor did each of the following:(A) Donated.(B) Sold for salvage or reuse.(C) Shipped to a vendor or a vendors agent.(D) Disposed of as solid waste, other than disposal as part of a recall.(E) Disposed of as medical waste, other than disposal as part of a recall.(F) Disposed of as hazardous waste, other than disposal as part of a recall.(5) If paragraph (4) applies, prepare, on or before May 1, 2020, for the 2019 calendar year, and on or before May 1 of each year thereafter for the preceding calendar year, a document summarizing the responses received pursuant to paragraph (4) and indicating the number of items of surplus household consumer products that the retailer or manufacturer shipped in the preceding calendar year to each reverse distributor located in a state that does not apply Californias definition of hazardous waste, pursuant to Section 25117.(6) Maintain the documents required pursuant to paragraph (5) for three years.(b) A surplus household consumer product transferred or shipped to a reverse distributor pursuant to subdivision (a) is not a waste, as defined in Section 25124, and the person retailer or manufacturer transferring or shipping the surplus household consumer product to the reverse distributor shall not be required to make a waste determination for that surplus household consumer product. | |
| 102 | 109 | ||
| 103 | 110 | ||
| 104 | 111 | ||
| 105 | - | ( | |
| 112 | + | 25233. (a) A person located in California retailer or manufacturer who transfers or ships a surplus household consumer product from a location in the state to a reverse distributor shall do all of the following: | |
| 106 | 113 | ||
| 107 | - | (1) The household consumer product | |
| 114 | + | (1) Package, transfer, and ship the surplus household consumer product in accordance with all applicable state and federal regulations relating to the packaging, transfer, and shipment of consumer products, including applicable reverse logistics requirements. | |
| 108 | 115 | ||
| 109 | - | ( | |
| 116 | + | (2) Maintain, for a period of three years following the date of the shipment, records of each shipment of surplus household consumer products to a reverse distributor that demonstrate that each shipment was received. The documentation may include bills of lading, electronic accounting records, logs, invoices, or other shipping documentation. | |
| 110 | 117 | ||
| 111 | - | ( | |
| 118 | + | (3) Make the records maintained under paragraph (2) this section available for inspection by any enforcement agency with jurisdiction within a reasonable period of time upon request. | |
| 112 | 119 | ||
| 113 | - | ( | |
| 120 | + | (4) If the reverse distributor is located outside of California in a state that does not apply Californias definition of hazardous waste, as specified in Section 25117, require the reverse distributor, as a condition of receipt of the retailers or manufacturers surplus household consumer products, to provide, on or before April 1, 2020, and on or before April 1 of each year thereafter, to the retailer or manufacturer the percentage of surplus household consumer products received from all retailer or manufacturer locations in California as to which, in the preceding calendar year, the reverse distributor did each of the following: | |
| 114 | 121 | ||
| 115 | - | ||
| 122 | + | (A) Donated. | |
| 116 | 123 | ||
| 117 | - | ( | |
| 124 | + | (B) Sold for salvage or reuse. | |
| 118 | 125 | ||
| 119 | - | (4) The household consumer product, if discarded, would be subject to regulation under federal or state law as hazardous waste, or under state law as medical waste. | |
| 126 | + | (C) Shipped to a vendor or a vendors agent. | |
| 127 | + | ||
| 128 | + | (D) Disposed of as solid waste, other than disposal as part of a recall. | |
| 129 | + | ||
| 130 | + | (E) Disposed of as medical waste, other than disposal as part of a recall. | |
| 131 | + | ||
| 132 | + | (F) Disposed of as hazardous waste, other than disposal as part of a recall. | |
| 133 | + | ||
| 134 | + | (5) If paragraph (4) applies, prepare, on or before May 1, 2020, for the 2019 calendar year, and on or before May 1 of each year thereafter for the preceding calendar year, a document summarizing the responses received pursuant to paragraph (4) and indicating the number of items of surplus household consumer products that the retailer or manufacturer shipped in the preceding calendar year to each reverse distributor located in a state that does not apply Californias definition of hazardous waste, pursuant to Section 25117. | |
| 135 | + | ||
| 136 | + | (6) Maintain the documents required pursuant to paragraph (5) for three years. | |
| 137 | + | ||
| 138 | + | (b) A surplus household consumer product transferred or shipped to a reverse distributor pursuant to subdivision (a) is not a waste, as defined in Section 25124, and the person retailer or manufacturer transferring or shipping the surplus household consumer product to the reverse distributor shall not be required to make a waste determination for that surplus household consumer product. | |
| 139 | + | ||
| 140 | + | 25234. If a person required to provide records under this article asserts that the record or a portion thereof contains corporate proprietary information or other information exempt from disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) or other applicable law, the provisions of Section 25257 shall apply with respect to those records as if Section 25257 were in this article. | |
| 120 | 141 | ||
| 121 | 142 | ||
| 122 | 143 | ||
| 123 | - | A surplus household consumer product is not a waste, as defined in Section 25124, until a reverse distributor, or other person in possession of the surplus household consumer product, makes the decision to recycle or dispose of the surplus household consumer product. | |
| 144 | + | 25234. If a person required to provide records under this article asserts that the record or a portion thereof contains corporate proprietary information or other information exempt from disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) or other applicable law, the provisions of Section 25257 shall apply with respect to those records as if Section 25257 were in this article. | |
| 145 | + | ||
| 146 | + | 25235. Nothing in this article is intended to expand the definition of waste as set forth in Section 25124. A failure to comply with this article shall be subject to an enforcement action pursuant to Article 8 (commencing with Section 25180), but shall not render any facility a treatment, storage, or disposal facility subject to permitting under Section 25200. | |
| 124 | 147 | ||
| 125 | 148 | ||
| 126 | 149 | ||
| 127 | - | ||
| 128 | - | ||
| 129 | - | (a)A retailer or manufacturer who transfers or ships a surplus household consumer product from a location in the state to a reverse distributor shall do all of the following: | |
| 130 | - | ||
| 131 | - | ||
| 132 | - | ||
| 133 | - | (1)Package, transfer, and ship the surplus household consumer product in accordance with all applicable state and federal regulations relating to the packaging, transfer, and shipment of consumer products, including applicable reverse logistics requirements. | |
| 134 | - | ||
| 135 | - | ||
| 136 | - | ||
| 137 | - | (2)Maintain, for a period of three years following the date of the shipment, records of each shipment of surplus household consumer products to a reverse distributor that demonstrate that each shipment was received. The documentation may include bills of lading, electronic accounting records, logs, invoices, or other shipping documentation. | |
| 138 | - | ||
| 139 | - | ||
| 140 | - | ||
| 141 | - | (3)Make the records maintained under this section available for inspection by any enforcement agency with jurisdiction within a reasonable period of time upon request. | |
| 142 | - | ||
| 143 | - | ||
| 144 | - | ||
| 145 | - | (4)If the reverse distributor is located outside of California in a state that does not apply Californias definition of hazardous waste, as specified in Section 25117, require the reverse distributor, as a condition of receipt of the retailers or manufacturers surplus household consumer products, to provide, on or before April 1, 2020, and on or before April 1 of each year thereafter, to the retailer or manufacturer the percentage of surplus household consumer products received from all retailer or manufacturer locations in California as to which, in the preceding calendar year, the reverse distributor did each of the following: | |
| 146 | - | ||
| 147 | - | ||
| 148 | - | ||
| 149 | - | (A)Donated. | |
| 150 | - | ||
| 151 | - | ||
| 152 | - | ||
| 153 | - | (B)Sold for salvage or reuse. | |
| 154 | - | ||
| 155 | - | ||
| 156 | - | ||
| 157 | - | (C)Shipped to a vendor or a vendors agent. | |
| 158 | - | ||
| 159 | - | ||
| 160 | - | ||
| 161 | - | (D)Disposed of as solid waste, other than disposal as part of a recall. | |
| 162 | - | ||
| 163 | - | ||
| 164 | - | ||
| 165 | - | (E)Disposed of as medical waste, other than disposal as part of a recall. | |
| 166 | - | ||
| 167 | - | ||
| 168 | - | ||
| 169 | - | (F)Disposed of as hazardous waste, other than disposal as part of a recall. | |
| 170 | - | ||
| 171 | - | ||
| 172 | - | ||
| 173 | - | (5)If paragraph (4) applies, prepare, on or before May 1, 2020, for the 2019 calendar year, and on or before May 1 of each year thereafter for the preceding calendar year, a document summarizing the responses received pursuant to paragraph (4) and indicating the number of items of surplus household consumer products that the retailer or manufacturer shipped in the preceding calendar year to each reverse distributor located in a state that does not apply Californias definition of hazardous waste, pursuant to Section 25117. | |
| 174 | - | ||
| 175 | - | ||
| 176 | - | ||
| 177 | - | (6)Maintain the documents required pursuant to paragraph (5) for three years. | |
| 178 | - | ||
| 179 | - | ||
| 180 | - | ||
| 181 | - | (b)A surplus household consumer product transferred or shipped to a reverse distributor pursuant to subdivision (a) is not a waste, as defined in Section 25124, and the retailer or manufacturer transferring or shipping the surplus household consumer product to the reverse distributor shall not be required to make a waste determination for that surplus household consumer product. | |
| 182 | - | ||
| 183 | - | ||
| 184 | - | ||
| 185 | - | 25231. (a) A surplus household consumer product is not a waste, as defined in Section 25124, while it is being processed at, stored at, or shipped to a reverse distributor for the purposes set forth in paragraphs (1) to (6), inclusive, of subdivision (c) of Section 25230.5, while it is being shipped from a reverse distributor pursuant to paragraph (7) of subdivision (c) of Section 25230.5, or while it is being shipped, or stored prior to shipment, by a retailer or supplier.(b) A surplus household consumer product shall be considered a waste pursuant to this chapter or Part 14 (commencing with Section 117600) of Division 104, as applicable, commencing at the time that it is discarded by the reverse distributor or supplier that last possessed it. | |
| 186 | - | ||
| 187 | - | ||
| 188 | - | ||
| 189 | - | 25231. (a) A surplus household consumer product is not a waste, as defined in Section 25124, while it is being processed at, stored at, or shipped to a reverse distributor for the purposes set forth in paragraphs (1) to (6), inclusive, of subdivision (c) of Section 25230.5, while it is being shipped from a reverse distributor pursuant to paragraph (7) of subdivision (c) of Section 25230.5, or while it is being shipped, or stored prior to shipment, by a retailer or supplier. | |
| 190 | - | ||
| 191 | - | (b) A surplus household consumer product shall be considered a waste pursuant to this chapter or Part 14 (commencing with Section 117600) of Division 104, as applicable, commencing at the time that it is discarded by the reverse distributor or supplier that last possessed it. | |
| 192 | - | ||
| 193 | - | 25231.5. (a) A retailer or supplier may manage a surplus household consumer product by transferring or shipping that surplus household consumer product to a reverse distributor for a purpose specified in paragraphs (1) to (7), inclusive, of subdivision (c) of Section 25230.5. (b) (1) A retailer or supplier that manages a surplus household consumer product pursuant to subdivision (a), and consistent with this article, shall be considered in compliance with this chapter if the surplus household consumer product, once discarded, would be regulated under federal or state law as hazardous waste.(2) A retailer or supplier that manages a surplus household consumer product pursuant to subdivision (a), and consistent with this article, shall be considered in compliance with Part 14 (commencing with Section 117600) of Division 104 if the surplus household consumer product, once discarded, would be regulated under state law as medical waste.(c) A retailer or supplier that manages a surplus household consumer product pursuant to subdivision (a), and consistent with this article, shall do both of the following:(1) Establish and maintain a program for maintaining records of surplus household consumer products that it ships from a location it owns or operates to a reverse distributor. The records may include bills of lading, electronic accounting records, logs, invoices, or other shipping or financial documentation, and may be maintained in a central or regional database or at a location of the retailer or supplier. The records kept pursuant to the program shall be maintained for a period of three years following the date of the shipment. Records maintained pursuant to this paragraph may include additional data regarding the surplus household consumer products shipped to or from the location.(2) Make the records maintained pursuant to paragraph (1) available for inspection by any enforcement agency with jurisdiction within a reasonable period of time following a request to inspect. | |
| 194 | - | ||
| 195 | - | ||
| 196 | - | ||
| 197 | - | 25231.5. (a) A retailer or supplier may manage a surplus household consumer product by transferring or shipping that surplus household consumer product to a reverse distributor for a purpose specified in paragraphs (1) to (7), inclusive, of subdivision (c) of Section 25230.5. | |
| 198 | - | ||
| 199 | - | (b) (1) A retailer or supplier that manages a surplus household consumer product pursuant to subdivision (a), and consistent with this article, shall be considered in compliance with this chapter if the surplus household consumer product, once discarded, would be regulated under federal or state law as hazardous waste. | |
| 200 | - | ||
| 201 | - | (2) A retailer or supplier that manages a surplus household consumer product pursuant to subdivision (a), and consistent with this article, shall be considered in compliance with Part 14 (commencing with Section 117600) of Division 104 if the surplus household consumer product, once discarded, would be regulated under state law as medical waste. | |
| 202 | - | ||
| 203 | - | (c) A retailer or supplier that manages a surplus household consumer product pursuant to subdivision (a), and consistent with this article, shall do both of the following: | |
| 204 | - | ||
| 205 | - | (1) Establish and maintain a program for maintaining records of surplus household consumer products that it ships from a location it owns or operates to a reverse distributor. The records may include bills of lading, electronic accounting records, logs, invoices, or other shipping or financial documentation, and may be maintained in a central or regional database or at a location of the retailer or supplier. The records kept pursuant to the program shall be maintained for a period of three years following the date of the shipment. Records maintained pursuant to this paragraph may include additional data regarding the surplus household consumer products shipped to or from the location. | |
| 206 | - | ||
| 207 | - | (2) Make the records maintained pursuant to paragraph (1) available for inspection by any enforcement agency with jurisdiction within a reasonable period of time following a request to inspect. | |
| 208 | - | ||
| 209 | - | 25234.25232. If a person required to provide retailer or supplier that maintains records under this article asserts that the a record or a portion thereof contains corporate proprietary confidential business information or other information exempt from disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) or other applicable law, the provisions of Section 25257 shall apply with respect to those records that record as if Section 25257 were in this article. | |
| 210 | - | ||
| 211 | - | ||
| 212 | - | ||
| 213 | - | 25234.25232. If a person required to provide retailer or supplier that maintains records under this article asserts that the a record or a portion thereof contains corporate proprietary confidential business information or other information exempt from disclosure under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) or other applicable law, the provisions of Section 25257 shall apply with respect to those records that record as if Section 25257 were in this article. | |
| 214 | - | ||
| 215 | - | 25232.5. (a) The department shall reconvene the Retail Waste Working Group established pursuant to Section 25218.14 at a date determined by the department for the purpose of evaluating the following:(1) Whether the number of surplus household consumer products that are being managed for the legitimate business purposes set forth in paragraphs (1) to (6), inclusive, of subdivision (c) of Section 25230.5 has increased as a result of this article.(2) Whether waste generation has decreased as a result of this article.(3) Whether this article adequately safeguards the environment and public health, including, but not limited to, with respect to the impact of this article on the management of nonprescription drugs.(b) The department shall gather and analyze data and information that is publicly available, maintained pursuant to subdivision (c) of Section 25231.5, or voluntarily provided by the Retail Waste Working Groups members or the public. The department shall provide a report to the Legislature, in compliance with Section 9795 of the Government Code, after the Retail Waste Working Group has completed its evaluation pursuant to subdivision (a). | |
| 216 | - | ||
| 217 | - | ||
| 218 | - | ||
| 219 | - | 25232.5. (a) The department shall reconvene the Retail Waste Working Group established pursuant to Section 25218.14 at a date determined by the department for the purpose of evaluating the following: | |
| 220 | - | ||
| 221 | - | (1) Whether the number of surplus household consumer products that are being managed for the legitimate business purposes set forth in paragraphs (1) to (6), inclusive, of subdivision (c) of Section 25230.5 has increased as a result of this article. | |
| 222 | - | ||
| 223 | - | (2) Whether waste generation has decreased as a result of this article. | |
| 224 | - | ||
| 225 | - | (3) Whether this article adequately safeguards the environment and public health, including, but not limited to, with respect to the impact of this article on the management of nonprescription drugs. | |
| 226 | - | ||
| 227 | - | (b) The department shall gather and analyze data and information that is publicly available, maintained pursuant to subdivision (c) of Section 25231.5, or voluntarily provided by the Retail Waste Working Groups members or the public. The department shall provide a report to the Legislature, in compliance with Section 9795 of the Government Code, after the Retail Waste Working Group has completed its evaluation pursuant to subdivision (a). | |
| 228 | - | ||
| 229 | - | 25233. A retailer or supplier that does not manage a surplus household consumer product by transferring or shipping that surplus household consumer product to a reverse distributor for a purpose specified in paragraphs (1) to (7), inclusive, of subdivision (c) of Section 25230.5, may instead manage that product in accordance with the requirements governing the applicable waste category for that product. Managing a surplus household consumer product pursuant to this section shall not render any facility of a retailer or supplier subject to permitting requirements pursuant to Section 25200 or Chapter 7 (commencing with Section 118130) of Part 14 of Division 104. | |
| 230 | - | ||
| 231 | - | ||
| 232 | - | ||
| 233 | - | 25233. A retailer or supplier that does not manage a surplus household consumer product by transferring or shipping that surplus household consumer product to a reverse distributor for a purpose specified in paragraphs (1) to (7), inclusive, of subdivision (c) of Section 25230.5, may instead manage that product in accordance with the requirements governing the applicable waste category for that product. Managing a surplus household consumer product pursuant to this section shall not render any facility of a retailer or supplier subject to permitting requirements pursuant to Section 25200 or Chapter 7 (commencing with Section 118130) of Part 14 of Division 104. | |
| 234 | - | ||
| 235 | - | 25235.25233.5. Nothing in this article is intended to expand the definition of waste as set forth in Section 25124. A failure to comply with this article shall be subject to an enforcement action pursuant to Article 8 (commencing with Section 25180), but shall not render any facility a treatment, storage, or disposal facility subject to permitting under Section 25200. | |
| 236 | - | ||
| 237 | - | ||
| 238 | - | ||
| 239 | - | 25235.25233.5. Nothing in this article is intended to expand the definition of waste as set forth in Section 25124. A failure to comply with this article shall be subject to an enforcement action pursuant to Article 8 (commencing with Section 25180), but shall not render any facility a treatment, storage, or disposal facility subject to permitting under Section 25200. | |
| 150 | + | 25235. Nothing in this article is intended to expand the definition of waste as set forth in Section 25124. A failure to comply with this article shall be subject to an enforcement action pursuant to Article 8 (commencing with Section 25180), but shall not render any facility a treatment, storage, or disposal facility subject to permitting under Section 25200. | |
| 240 | 151 | ||
| 241 | 152 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 242 | 153 | ||
| 243 | 154 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 244 | 155 | ||
| 245 | 156 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 246 | 157 | ||
| 247 | 158 | ### SEC. 2. |