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Repeal and Adoption of Emergency Regulations

Repeal and Adoption of Emergency Regulations. An Overview of Proposed Changes to the Emergency Regulations for the Implementation of the Electronic Waste Recycling Act of 2003 (SB 20/50) Sustainability & Market Development Committee November 3, 2004 Full Board November 9, 2004.

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Repeal and Adoption of Emergency Regulations

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  1. Repeal and Adoption of Emergency Regulations An Overview of Proposed Changes to the Emergency Regulations for the Implementation of the Electronic Waste Recycling Act of 2003 (SB 20/50) Sustainability & Market Development CommitteeNovember 3, 2004 Full BoardNovember 9, 2004

  2. Statutory Changes—CIWMB

  3. Statutory Changes—CIWMB

  4. Regulatory Timeframe • CIWMB’s SB 20/50 emergency regulations • First adopted; May 2004 • Draft changes; Oct. 7th, 2004 workshop • Board consideration; Nov. 2004 • Submit to OAL; Dec. 2004 • Final regs to be adopted later in 2005

  5. Emergency Administrative Regulations Implementation of the Electronic Waste Recycling Act of 2003 as Amended (SB 50) Title 14 Natural Resources Code Division 7 CIWMB Ch. 8.2 Electronic Waste Recovery and Recycling

  6. Article 1. General • 18660.5 Definitions • New Definitions Pertaining to Manufacturer Payments • Deletion of PBDE • Revised “Bare Panel”

  7. Article 2.0 Electronic Waste Payment System • 18660.6 Applicability and Limitations • Start Date, Collector Requirement, “Cost-Free”, Manufacturer Payments • 18860.7 Document Submittals • 18860.8 Records • 18660.9 Audits • 18660.10 Net Cost Report • Due Date: Feb 1, 2006

  8. 18660.11 General Application Requirements 18660.12 Addl. Collector Requirements “Cost-Free” Condition 18660.13 Addl. Recycler Requirements DTSC Authorization In-State Only 18660.14 Addl. Dual Entity Requirements Article 2.1Electronic Waste Payment System— Applications for Approval

  9. 18660.15 CIWMB Application Review 18660.16 Approval Term & Renewal 18660.17 Prohibited Activities 18660.18 Approved Application Changes 18660.19 Appeals Article 2.1 (continued)Electronic Waste Payment System— Applications for Approval

  10. Article 2.2Electronic Waste Payment System—Business Requirements • 18660.20 Approved Collector Requirements • Improved Documentation • 18660.21 Approved Recycler Requirements • Improved Documentation

  11. Article 2.3Electronic Waste Payment System— Recycling Payment Claims • 18660.22 General Requirements • Improved Documentation • 18660.23 Cancellation—CRT Crushing/Shredding • No Conversion Factor; Residuals Tracking • 18660.24 Cancellation—CRT Dismantling • No Conversion Factor; Residuals Tracking

  12. Article 2.3 (continued)Electronic Waste Payment System— Recycling Payment Claims • 18660.25 Cancellation—LCD Monitors/ LCD Laptops • Residuals Tracking • 18660.30 CIWMB Payment Claim Review • 18660.31 Appeals

  13. Article 2.4Electronic Waste Payment System • 18660.32 Cancellation Methods • 18660.xx Conversion Factors Deleted • 18660.33 Recovery Payment Rate • 18660.34 Combined Recovery and Recycling Payment Rate • Clarified “Combined” Rate

  14. Article 2.5Electronic Waste Payment System—Manufacturer Payments • 18660.35 Manufacturer Registration • 18660.36 Requirements • 18660.37 Payment Claims • 18660.38 CIWMB Payment Claim Review • 18660.39 Appeals

  15. Article 3. Manufacturer Reporting Requirements • 18660.41 Requirements Regulatory Revisions to Implement Changes to PRC 42465.2 • Removal of PBDE reporting • Addition of list of retailers noticed by manufacturers

  16. Staff Recommendation Repeal current emergency regulations and adopt new emergency regulations to establish and implement a system for the collection and proper recycling of covered electronic devices as outlined in Attachment 1 Adopt Resolution Number 2004-275.

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