June 30, 2006

Starting July 1, two new electronic waste recycling laws, AB 1125 and AB 2091, will go into effect, requiring retailers to take back rechargeable batteries and cell phones for recycling.

These two new laws represent the first time that California retailers will be required to share in the responsibility for collection and recycling of a product they sell.

1. AB 1125 enacts the Rechargeable Battery Recycling Act of 2006. It requires, on and after July 1, 2006, that a retailer of rechargeable batteries sold in California have a system in place for the acceptance and collection of used rechargeable batteries for reuse, recycling, or proper disposal with specified elements, including the take-back at no cost to the consumer of a used rechargeable battery of a type or brand sold by the retailer. The bill prohibits the sale of a rechargeable battery to a consumer in this state after July 1, 2006, if the retailer is not in compliance with the Act.
   
2. AB 2901 enacts the Cell Phone Recycling Act of 2004, which makes it unlawful to sell, on or after July 1, 2006, a cell phone in this state to a consumer unless the retailer of the cell phone complies with the Act. The bill requires a retailer selling a cell phone to have in place, by July 1, 2006, a system for the acceptance and collection of used cell phones for reuse, recycling, or proper disposal.