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fJ. A ~ t J CAliFORNIA lEADS AGAIN WITH NEW E-WASTE RECYCliNG WEBSITE Califomia racked up another first this week when the California Integrated Waste Management Board and the State Department of Toxic Substances Control unveiled their new, joint effort to promote recycling of electronic waste - eRecycle.org. The new website prCNides virtually everything consumers, retailers, manufacturers, collectors and the media need to know about Cafifomia's new e-waste recycling law, including how and where to safely recycle old televisions, computer tenninals and other covered electronic products. The League has enthusiastically joined as a Govemment Partner to help promote the eRecycle.org website. SB 20, authored by fonner Senator Byron Sher, established California's e-waste program, the first in the nation. Starting January 1, 2005, Califomia consumers will pay a small fee (between $6.00 to $10.00, depending upon the screen size) when they purchase electronic equipment covered under the program, including most lV's, computer monitors and laptops. This fee will be used to reimburse approved businesses, non-profits or local govemments who apply to be collectors or recyclers and who agree to provide free and convenient recycling opportunities for the covered materials. Most local govemments will opt to become approved collectors, generally in conjunction with their household hazardous waste event programs. The Waste Board and DTSC are working with Earth Communications Office (ECO), a nationally recognized environmental organization, to promote eRecycle.org. ECO has created public service announcements featuring celebrities that will begin playing statewide soon as part of a statewide pubfic service media campaign on radio and television. Cities wishing information about e-waste recycfing opportunities should visit eRecycle.org. Information on how to become a collector, reimbursement rates, collector obligations and restrictions, a fist of ap- proved collectors and recyclers sorted by county, as well as basic information about the law and e-waste is also included on the site. We recommend exploring the myriad of resources on the website. Specifically, the following links with information can be of particular help to cities. Artwork for point-of-purchase announce- ments: httD:/IeRecvcle.oralPOP.htm Banner ads for use on city websites: VNIW. eRecvcle. oralbanners. htm Information for residents on local recycling opportunities at VNIW.eRecvcle.oralsearch.asD. The League congratulates the Waste Board and DTSC for their leadership in developing eRecycle.org. ..........~........ SIDEWALK LIABILITY: IMPORTANT VICTORY FOR CITIES On December 1&', 2004, the court of appeal (sixth district) handed down its decision in Gonzales v. City of San Jose. In the case, the plaintiff was injured in a trip and fall accident on a city owned sidewalk. Both the city and the individual owning the property adjacent to and abutting the sidewalk were sued. The injured party and the city both argued that the property owner could be held liable pursuant to a city ordinance that makes owners of property abutting city owned sidewalks liable to those injured as a result of unsafe conditions on the sidewalks. The property owner argued the ordinance was unconstitutional and the trial court agreed. In reversing the decision, the court of appeal found that the ordinance was constitutional and not preempted by state law. In doing so, the court stated that property owners are "often in the best position to quickly identify and address potentially dangerous conditions that might occur on the sidewalks.. With- out such an ordinance imposing liability, landowners would have no incentive to maintain adjacent side- walks in a safe condition. In its ruling, the court emphasized that the ordi- nance did not serve to absolve the city of liability for dangerous conditions on city owned sidewalks in the event the city created the dangerous condition or knew of its existence and failed to remedy it. On January 11, 2004, the court of appeal certified the opinion for publication. The League thanks Shawn D. Hagerty of Best Best and Krieger for his great work in writing the friend-of-the-court brief and letter in support of publication on behalf of the League. Visit the League's Official Web Sitenwww.cacities.org PRIORITY FOCUS/PAGE 3