AB 2549: Electronic Waste Recycling Act of 2003: manufacturer notices.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

The Electronic Waste Recycling Act of 2003 (act) requires a retailer selling a covered electronic device, including a covered battery-embedded product, as defined, in this state to collect from a consumer at the time of retail sale a covered electronic waste recycling fee, as specified. The act imposes certain obligations on a manufacturer of a covered electronic device sold in the state. Existing law requires a manufacturer of a covered electronic device that is a covered battery-embedded product, as defined, to provide a specified notice to any retailer that sells that product informing the retailer that the covered battery-embedded product is subject to a recycling fee, as provided. Existing law requires the notices to identify the covered electronic device by brand and model number.

Existing law incorporates the requirements and other provisions of the act by reference as requirements and provisions of the hazardous waste control laws. The act also expressly authorizes the Department of Toxic Substances Control to enforce the act, and all regulations adopted pursuant to the act, through the hazardous waste control laws. A violation of the hazardous waste control laws is a crime.

This bill would require the manufacturer to send notices regarding the products to the Department of Resources Recycling and Recovery (CalRecycle) in accordance with specified timeframes set forth in the bill. The bill would also require the notices to contain the universal product code (UPC), as defined, and make conforming changes. By changing the definition of a crime, the bill would impose a state-mandated local program. The bill would require CalRecycle to develop, on or before March 1, 2027, a standardized form for notices submitted by a manufacturer pursuant to this provision. The bill would require the form to require each notice to identify the battery-embedded covered product manufactured by that manufacturer by brand, model number, and UPC, and the covered battery-embedded waste recycling fee. The bill would require CalRecycle, on or before May 1, 2027, to create and maintain a searchable database for the notices sent by a manufacturer pursuant to this requirement, to post that information on its internet website, as provided, and to consult with manufacturers and retailers to develop a standardized online upload process for these purposes. The bill would require, upon receipt of a notice directly from a manufacturer or the publication of a notice in the online database maintained by CalRecycle, that a retailer shall have 60 days to commence collection of the fee established in compliance with requirements of the act. The bill would specify procedures for addressing complaints or information alleging a violation of laws relating to a covered battery-embedded product, as provided.

Existing law sets forth definitions for purposes of the act.

This bill would expand the definition of a “retailer” to include a “marketplace facilitator,” as defined. The bill would delay, until January 1, 2028, the application of the act to “discount stores,” as defined. The bill would limit the duties under the act of “thrift retail stores,” as defined, and manufacturers regarding battery-embedded product donations to thrift retail stores, as specified. The bill would define a “universal product code” to mean an all-numeric code that represents a consumer package of a particular brand, size, type, and manufacturer by using a series of alternating bars and spaces for electronic scanning.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

Sponsors

Sponsors by party (alphabetical): Democratic 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. August 13, 2026In committee: Held under submission.
2. August 3, 2026In committee: Referred to APPR. suspense file.
3. July 2, 2026From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (July 1). Re-referred to Com. on APPR.
4. June 22, 2026From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q.
5. June 15, 2026From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q.
6. June 10, 2026Referred to Com. on E.Q.
7. May 27, 2026In Senate. Read first time. To Com. on RLS. for assignment.
8. May 26, 2026Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 5331.)
9. May 22, 2026Read third time and amended. Ordered to third reading. (Page 5274.)
10. May 18, 2026Read second time. Ordered to third reading.
11. May 14, 2026From committee: Do pass. (Ayes 14. Noes 0.) (May 14).
12. May 6, 2026In committee: Set, first hearing. Referred to APPR. suspense file.