Title HSC — California Health & Safety Code

For purposes of this article, the following terms have the following meaning: (a) “Certified appliance recycler” means a person or entity engaged in the business of removing and properly managing materials that require special handling from discarded major appliances, and who is …

(a) Except as provided in subdivision (b), a person, other than a certified appliance recycler, shall not remove materials that require special handling from a major appliance. (b) An appliance service technician certified pursuant to Section 82.161 of Title 40 of the Code of Fed…

(a) Except as provided in subdivision (b), a person who transports, delivers, or sells discarded major appliances to a scrap recycling facility shall provide evidence that he or she is a certified appliance recycler and shall certify, on a form prepared by the department and prov…

A certified appliance recycler, and any person who is not a certified appliance recycler who is subject to subdivision (b) of Section 25211.2, shall retain onsite records demonstrating compliance with applicable requirements of this article and Section 42175 of the Public Resourc…

(a) On and after January 1, 2008, a person wishing to operate as a certified appliance recycler, except a person having a certification issued before January 1, 2008, until that certification expires, shall submit an initial or a renewal application to the department and obtain o…

The department may adopt any regulations determined necessary to implement and enforce this article.

(a) Materials that require special handling that are contained in major appliances shall not be disposed of at a solid waste facility and shall be removed from major appliances in which they are contained prior to the appliance being crushed, baled, shredded, sawed or sheared apa…

(a) To implement subdivision (c) of Section 25212, the department shall, based on reasonably available information, develop a statewide list of appliance recyclers, used appliance dealers, solid waste facilities, metal scrapyards, and others who may remove, or do business with th…

The department shall make information available upon request regarding the implementation of this article, including, but not limited to, the list of persons notified pursuant to subdivision (a) of Section 25213, the list of persons identified pursuant to paragraph (1) of subdivi…

(a) This article does not do any of the following: (1) Affect a duty or other requirement otherwise imposed under federal or state law. (2) Alter or diminish a legal obligation otherwise required in common law, by statute, or by regulation. (3) Create or enlarge a defense to an a…

A regulation adopted pursuant to this article may be adopted as an emergency regulation in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for the purposes of that chapter, including Section 11349.6 of the…

(a) The Legislature finds and declares all of the following: (1) The management of solid waste can pose a wide range of hazards to public health and safety and to the environment. (2) Packaging comprises a significant percentage of the overall solid waste stream. (3) The presence…

For purposes of this article, the following terms have the following meanings: (a) “Authorized official” means a representative of a manufacturer or supplier who is authorized pursuant to the laws of this state to bind the manufacturer or supplier regarding the accuracy of the co…

(a) Except as provided in Section 25214.14, on and after January 1, 2006, a manufacturer or supplier may not offer for sale or for promotional purposes in this state a package or packaging component that includes a regulated metal, in the package itself, or in a packaging compone…

A package or a packaging component is exempt from the requirements of Section 25214.13, and shall be deemed in compliance with this article, if the manufacturer or supplier complies with the applicable documentation requirements specified in Section 25214.15 and the package or pa…

(a) A package or packaging component qualifies for an exemption pursuant to Section 25214.14 only if the manufacturer or supplier prepares, retains, and biennially updates documentation containing all of the following information for that package or packaging component: (1) A sta…

(a) On and after January 1, 2006, each manufacturer or supplier shall furnish a certificate of compliance to the purchaser of a package or packaging component, even when the purchaser is also a supplier, stating that the package or packaging component is in compliance with the re…

(a) Except as provided in subdivision (b), the department, pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), shall provide the public with access to all information relating to a package or packaging …

If the department determines that other substances contained in packaging should be added as regulated metals to the list set forth in subdivision (l) of Section 25214.12 in order to further reduce the toxicity of packaging waste, the department may submit recommendations to the …

This article does not do the following: (a) Affect a duty or other requirement imposed under federal or state law. (b) Alter or diminish a legal obligation otherwise required in common law or by statute or regulation. (c) Create or enlarge a defense in an action to enforce a lega…

(a) For jewelry that is not children’s jewelry, a person shall not manufacture, ship, sell, offer for sale, or offer for promotional purposes such jewelry for retail sale or promotional purposes in the state, unless the jewelry is made entirely from one or more than one of the fo…

(a) The provisions of this article are severable, and if a court holds that a phrase, clause, sentence, or provision of this article is invalid, or that its applicability to a person or circumstance is invalid, the remainder of the article and its applicability to other persons a…

The department may enforce the requirements of this article pursuant to its authority to enforce this chapter under all applicable provisions of law.

A manufacturer or supplier of a package or packaging component who knowingly and intentionally offers for sale or for promotional purposes a package or packaging component in violation of this article is guilty of a misdemeanor punishable by a fine of not less than five thousand …

(a) For the purpose of administering and enforcing this article, an authorized representative of the department, upon obtaining consent or after obtaining an inspection warrant pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure, may, u…

(a) When taking an action authorized pursuant to Section 25214.23, an authorized representative of the department may secure a sample of a package, packaging component, or product in a package. If the representative obtains a sample prior to leaving the premises, he or she shall …

The department may adopt regulations to implement this article, as deemed necessary to further the purposes of this article.

(a) This article does not limit, supersede, duplicate, or otherwise conflict with the authority of the department to fully implement Article 14 (commencing with Section 25251), including the authority of the department to include products in its product registry. (b) Notwithstand…

(a) Lead plumbing monitoring and compliance testing shall be undertaken by the department, as a part of the department’s ongoing program for reducing toxic substances from the environment. (b) For purposes of implementing this article, the department shall, based on its available…

For purposes of this article, “mercury-containing motor vehicle light switch” means any motor vehicle light switch found in the hood or trunk of a motor vehicle that contains mercury.

Any mercury-containing motor vehicle light switch removed from a motor vehicle is subject to Chapter 23 (commencing with Section 66273.1) of Division 4.5 of Title 22 of the California Code of Regulations, and any other applicable regulation adopted by the department pursuant to t…

The department shall do all of the following: (a) Coordinate with local agencies to provide technical assistance to businesses engaged in the dismantling or crushing of motor vehicles concerning the safe removal and proper disposal of mercury-containing light switches from motor …

(a) Unless otherwise provided in this article, the obligations imposed by this article shall remain in effect until January 1, 2030. (b) The Mercury Thermostat Collection Program Fund created by subparagraph (A) of paragraph (3) of subdivision (a) of Section 25214.8.11.2 shall be…

(a) The requirements and other provisions of Chapter 8.5 (commencing with Section 42460) of Part 3 of Division 30 of the Public Resources Code are incorporated by reference as requirements and provisions of this chapter. (b) To the extent consistent with the federal act, the depa…

This article shall be known, and may be cited, as the Lead-Acid Battery Recycling Act of 2016.

For purposes of this article, the following definitions shall apply: (a) “Board” means the California Department of Tax and Fee Administration. (b) “Business” means any person, as defined in subdivision (k), except a natural person or a city, county, city and county, district, co…

(a) It is the intent of the Legislature in enacting this chapter that existing and future lead-acid battery recycling, resale, refurbishing, and reuse operations that are in compliance with state and federal law shall not be adversely affected by this chapter. (b) The Legislature…

(a) Except as provided in subdivision (b), no person shall dispose, or attempt to dispose, of a lead-acid battery at a solid waste facility or on or in any land, surface waters, watercourses, or marine waters. (b) A person may dispose of a lead-acid battery at either of the follo…

(a) A dealer shall accept from a person at the point of transfer a used lead-acid battery of a type listed in paragraph (1), (2), or (4) of subdivision (f) of Section 25215.1, but shall not be required to accept from any person more than six used lead-acid batteries per day. A de…

(a) (1) A California battery fee shall be imposed on a person for each replacement lead-acid battery of a type listed in paragraph (1), (2), or (4) of subdivision (f) of Section 25215.1 purchased from a dealer, except as specified in subdivision (c). On and after April 1, 2017, u…

(a) A person who manufactures a lead-acid battery and is not subject to the jurisdiction of the state may agree in writing with the importer of that lead-acid battery to pay the manufacturer battery fee imposed pursuant to Section 25215.35 on behalf of the importer. (b) A person …

(a) Until April 1, 2022, a manufacturer battery fee of one dollar ($1) shall be imposed on a manufacturer of lead-acid batteries for each lead-acid battery it sells at retail to a person in California or that it sells to a dealer, wholesaler, distributor, or other person for reta…

(a) (1) Except as provided in paragraph (2), the lead-acid battery fees imposed pursuant to Sections 25215.25 and 25215.35 shall be collected by the California Department of Tax and Fee Administration in accordance with the Fee Collection Procedures Law (Part 30 (commencing with …

(a) The return required to be filed pursuant to Section 55040 of the Revenue and Taxation Code shall be prepared and filed by the person required to register with the board, in the form prescribed by the board, and shall contain the information the board deems necessary or approp…

(a) Notwithstanding subdivision (b) of Section 55381 of the Revenue and Taxation Code, the California Department of Tax and Fee Administration may disclose the name, address, account number, and account status of a person registered with the California Department of Tax and Fee A…

(a) Lead-acid battery fees collected pursuant to this article shall be managed as follows: (1) The board shall retain moneys necessary for the payment of refunds and reimbursement of the board for expenses in the collection of the fees. (2) The remaining moneys shall be deposited…

(a) The department shall establish a Lead-Acid Battery Recycling Facility Investigation and Cleanup Program, or LABRIC Program, which shall be responsible for identifying areas of the state that are eligible for expenditure of moneys from the Lead-Acid Battery Cleanup Fund pursua…

(a) Any manufacturer battery fees remitted pursuant to this article shall, subject to subdivision (b) of Section 25215.3, be credited to the account of the manufacturer remitting those fees to the California Department of Tax and Fee Administration and shall be credited against a…

If the state loans money from the General Fund to the Toxic Substances Control Account for the cleanup of lead contamination in the state, the following shall apply: (a) Money from the Lead-Acid Battery Cleanup Fund may be used towards repaying the loan that was made before Septe…

On and after July 1, 2017, a manufacturer shall place a recycling symbol consistent with the requirements of Section 103(b)(1) of the Federal Mercury Containing and Rechargeable Battery Management Act, Pub. L. No. 104-142 (1996) (42 U.S.C. 14301(b)(1)) and either “Pb” or the word…