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California Legislative Update: Electronic Waste Recycling Fee Payment, Rechargeable Battery Recycling, Prohibition on Certain Mercury-Added Products

October 25, 2005

USA - California - Restricted Substances Overview

California enacted several pieces of legislation in 2005 related to electronic products. Assembly Bill 575 makes technical changes to the Electronic Waste Recycling Act of 2003 to provide additional flexibility for electronic leasing companies in the collection of the electronic waste recycling fee. Specifically, the bill authorizes retailers' to pay the covered electronic waste recycling fee by payment of the fee to the retailer’s vendor (a person who sells a covered electronic device for the purpose of reselling the device to a retailer who is the lessor of the device to a consumer under a lease that is a continuing sale and purchase under the Sales and Use Tax Law). The bill also authorizes a vendor (instead of the retailer) to retain 3% of the covered electronic waste recycling fee if the retailer pays the fee to the vendor and certain conditions are met.



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