BILL NUMBER: SB 1619	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Romero
   (Coauthor: Senator Soto)

                        FEBRUARY 21, 2002

   An act to add Chapter 8.2 (commencing with Section 42460) to Part
3 of Division 30 of the Public Resources Code, relating to solid
waste, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1619, as introduced, Romero.  Solid waste: hazardous electronic
scrap.
   Existing law requires the California Integrated Waste Management
Board to administer state programs to recycle plastic trash bags,
plastic packaging containers, waste tires, newsprint, and other
specified materials.
   This bill would establish a program administered by the board to
recover, reuse, and recycle hazardous electronic scrap, as defined.
   The bill would require that on and after January 1, 2004, all
hazardous electronic devices, as defined, and packaging containing
those devices, include a clear and conspicuous label of a size and
format approved by the Department of Toxic Substances Control,
containing certain information regarding the proper disposal of
hazardous electronic scrap.
   The bill would require, on and after January 1, 2004, that every
manufacturer of hazardous electronic devices be able to demonstrate
that it has labeled, as specified above, all hazardous electronic
devices produced by it and has been certified by the board as having
a recovery and reuse or recycling system for hazardous electronic
scrap that meets specified recovery and recycling goals.
   The bill would authorize the board to grant a waiver from the
specified requirement if a manufacturer of hazardous electronic
devices pays to the board a hazardous electronics device recovery
fee, as specified, on all of the manufacturer's hazardous electronic
devices that are sold in this state.  The fee would be equal to or
less than an amount computed by subtracting the average scrap value
(including negative scrap value) of the hazardous electronic scrap or
the hazardous waste disposal cost of that scrap from the actual
average cost of collecting, processing, and recycling the hazardous
electronic scrap, as determined by the board.
   The bill would require the board, if it determines, on or after
January 1, 2004, that specified recovery or recycling goals are not
being met, to develop and implement a deposit system in conjunction
with the sale of hazardous electronic devices in order to promote
increased recovery and recycling of hazardous electronic scrap.
   The bill would authorize the board to prepare, publish, or issue
any materials that the board determines to be necessary for the
dissemination of information concerning the activities of the board
under these provisions.
   The bill would require the board to deposit fees received under
these provisions into the Hazardous Electronic Scrap Recovery, Reuse,
and Recycling Account, which the bill would establish in the
Integrated Waste Management Fund.  The bill would continuously
appropriate the money in the account to the board solely for
expenditure by the board to assist in the establishment and operation
of recovery and reuse or recycling systems for hazardous electronic
scrap and to defray any costs incurred for the dissemination of
information specified above.  The bill would prohibit the board from
expending any money in the account for the administration of these
provisions, except as specified, unless that money is appropriated
for that purpose by the Legislature in the annual Budget Act.
   Vote:  majority.  Appropriation:  yes.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Chapter 8.2 (commencing with Section 42460) is added to
Part 3 of Division 30 of the Public Resources Code, to read:

      CHAPTER 8.2.  HAZARDOUS ELECTRONIC SCRAP RECOVERY, REUSE, AND
RECYCLING
      Article 1.  General Provisions

   42460.  This act shall be known, and may be cited, as the
Hazardous Electronic Scrap Recovery, Reuse, and Recycling Act of
2002.
   42461.  The Legislature hereby finds and declares all of the
following:
   (a) Electronic scrap represents one of the fastest growing and
most problematic components of California's waste stream.
   (b) According to the United States Environmental Protection
Agency, more than 4.3 million tons of appliances and consumer
electronics were discarded in 1999.
   (c) Due to the presence of toxic lead, mercury, and other
hazardous and potentially hazardous materials in electronic waste,
these products pose a particular threat to public health and the
environment when improperly discarded.
   (d) Electronic products containing hazardous substances, such as
the cathode ray tubes in most discarded computer monitors and
television sets, must be managed and disposed of as hazardous waste,
presenting a costly problem for local governments and nonprofit
organizations such as Goodwill Industries and the Salvation Army.
   (e) A study by the National Safety Council suggests that
three-quarters of all computers ever purchased in the United States
remain stockpiled in storerooms, attics, garages, and basements.
   (f) A study conducted by the California Integrated Waste
Management Board estimates that California households currently have
more than 6 million obsolete computer monitors and television sets
"stockpiled" in their homes.
   (g) It is further estimated that more than 6,000 computers become
obsolete in California every day.
   (h) The Legislature recognizes that there may be a cost associated
with the proper and legal management of hazardous electronic scrap,
and that this cost is the appropriate responsibility of the producers
and consumers of hazardous electronics, and not local government,
state government, or taxpayers.
   (i) In order to reduce the likelihood of illegal disposal of these
hazardous materials, it is the intent of the Legislature that any
costs associated with the proper management of electronic scrap be
internalized by the producers and consumers of hazardous electronics
at or before the point of purchase, and not at the point of discard.

   (j) It is the intent of the Legislature that the manufacturers of
hazardous electronics, in working to meet the goals and objectives of
this chapter, work cooperatively with each other in order to develop
and promote a safe and effective electronics scrap recovery, reuse,
and recycling system for California.
   (k) It is further the intent of the Legislature that the producers
of electronic products, components, and devices reduce and
ultimately phase out the use of hazardous materials in those
products, to the extent feasible.
   (l) It is further the intent of the Legislature that electronic
products, components, and devices be designed for extended life,
repair, and reuse, to the greatest extent feasible.

      Article 2.  Definitions

   42462.  For the purposes of this chapter the following terms have
the following meanings, unless the context clearly requires
otherwise:
   (a) "Account" means the Hazardous Electronic Scrap Recovery,
Reuse, and Recycling Account established in the Integrated Waste
Management Fund under Section 42467.
   (b) "Fee" means the hazardous electronics device recovery fee
imposed under Section 42465.4.
   (c) "Hazardous electronic device" means any consumer product,
component, or device that requires an alternating current or direct
current electrical charge for operation, and contains lead, mercury,
or any other persistent bioaccumulative toxin, as determined by the
Department of Toxic Substances Control, including, but not limited
to, televisions, video monitors, computer monitors, and any other
device that has one or more cathode ray tubes containing lead.
"Hazardous electronic device" includes any part of that device that
contains lead, mercury, or any other persistent bioaccumulative
toxin, as determined by the Department of Toxic Substances Control.
   (d) "Hazardous electronic scrap" means a hazardous electronic
device that has been discarded.

      Article 3.  Hazardous Electronic Scrap Recovery, Reuse, and
Recycling Goals

   42463.  (a) The Legislature finds and declares that existing law
prohibits the disposal of hazardous electronic scrap in landfill
facilities and requires that hazardous electronic scrap be disposed
of in accordance with provisions of law relating to disposal of
hazardous waste.
   (b) Accordingly, the Legislature further finds and declares that
the following shall be the goals of the state regarding the
diversion, reuse, and recycling of hazardous electronic scrap:
   (1) On and after January 1, 2004, not less than 80 percent of
hazardous electronic scrap shall be diverted from disposal in
landfill facilities.
   (2) On and after January 1, 2006, not less than 95 percent of
hazardous electronic scrap shall be diverted from disposal in
landfill facilities.
   (3) On and after January 1, 2004, not less than 25 percent of
hazardous electronic scrap shall be diverted from hazardous waste
disposal and recovered for reuse or recycling.
   (4) On and after January 1, 2007, not less than 50 percent of
hazardous electronic scrap shall be diverted from hazardous waste
disposal and recovered for reuse or recycling.
   (5) On and after January 1, 2010, not less than 75 percent of
hazardous electronic scrap shall be diverted from hazardous waste
disposal and recovered for reuse or recycling.
   (c) This section is intended to provide goals to facilitate and
encourage compliance with existing laws relating to the disposal of
hazardous waste.  Nothing in this section is intended to supercede
any other provision of law relating to the disposal of hazardous
waste.

      Article 4.  Labeling Requirements

   42464.  On and after January 1, 2004, all hazardous electronic
devices and packaging containing those devices shall include a clear
and conspicuous label of a size and format approved by the Department
of Toxic Substances Control, containing all of the following:
   (a) A warning statement approved by the Department of Toxic
Substances Control specifying that the electronic device contains one
or more hazardous materials, the disposal of which may pose a threat
to public health and the environment.
   (b) A listing of the hazardous materials contained in the
electronic device.
   (c) Information on opportunities for and the appropriate means of
discarding the electronic device, including a toll-free telephone
number or Internet address where consumers can get specific
information on convenient, no-cost opportunities for discarding
hazardous electronic scrap for reuse, recycling, or proper waste
management.

      Article 5.  Manufacturer Responsibility

   42465.  (a) Except as authorized under Section 42465.2, on and
after January 1, 2004, every manufacturer of hazardous electronic
devices shall be able to demonstrate that both of the following
conditions have been met for each hazardous electronic device sold or
offered for sale by that manufacturer in this state:
   (1) The manufacturer has labeled all hazardous electronic devices
produced by it as required under Section 42464.
   (2) The manufacturer has been certified by the board as having a
recovery and reuse or recycling system for hazardous electronic scrap
that meets the recovery and recycling goals set forth in Article 3
(commencing with Section 42463).
   (b) Recovery and reuse and recycling systems for hazardous
electronic scrap may include, but need not be limited to:
   (1) No-cost consumer take-back of hazardous electronic scrap to
the site of purchase.
   (2) No-cost consumer mail-back of hazardous electronic scrap to a
designated recovery center.
   (3) No-cost pick-up of hazardous electronic scrap from consumers.

   (4) No-cost consumer drop-off of hazardous electronic scrap to
conveniently located designated recovery centers.
   (5) Creation and maintenance of a toll-free telephone number or
Internet Web site, or both, where consumers can obtain information on
the no-cost opportunities for returning hazardous electronic scrap
for reuse or recycling.
   (6) Creation and maintenance of a public education program to
promote the recovery and reuse and recycling of hazardous electronic
scrap.
   (c) It is the intent of the Legislature that systems and
procedures for the recovery of hazardous electronic scrap be at least
as convenient to consumers as the system and procedure for the sale
and distribution of hazardous electronic devices to consumers.
   (d) It is the intent of the Legislature that manufacturers of
hazardous electronic devices, in implementing recovery and reuse and
recycling systems, utilize existing, willing, nonprofit reuse
centers.
   (e) It is the intent of the Legislature that manufacturers of
hazardous electronics, in order to maintain the most convenient, cost
effective, and consumer friendly recovery, reuse, and recycling
system, be strongly encouraged to work in partnership with others in
the hazardous electronic device industry to create and maintain a
uniform and cooperative recovery system.
   42465.2.  (a) The board may grant a waiver from the requirements
of Section 42465 if a manufacturer of hazardous electronic devices
pays to the board the hazardous electronics device recovery fee
authorized under this section on all of the manufacturer's hazardous
electronic devices that are sold in this state.
   (b) The fee shall be equal to or less than an amount computed by
subtracting the average scrap value (including negative scrap value)
of the hazardous electronic scrap or the hazardous waste disposal
cost of that scrap from the actual average cost of collecting,
processing, and recycling the hazardous electronic scrap, as
determined by the board.
   (c) The fee shall be paid in a form and manner determined by the
board.
   (d) The board shall deposit all revenue derived from collection of
the fee into the account.
   42465.4.  If the board determines, on or after January 1, 2004,
that the recovery or recycling goals set forth in Article 3
(commencing with Section 42463) are not being met, the board shall
develop and implement a deposit system in conjunction with the sale
of hazardous electronic devices in order to promote increased
recovery and recycling of hazardous electronic scrap.

      Article 6.  Administration

   42466.  (a) The board shall administer this chapter, except for
those provisions that require administration by the Department of
Toxic Substances Control.  For organizational purposes, the board may
establish a new division, office, or unit to administer this
chapter.
   (b) The board may adopt any regulations pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code that the board determines may be necessary or
useful to carry out this chapter or any of the board's duties or
responsibilities imposed under this chapter.
   (c) The board may prepare, publish, or issue any materials that
the board determines to be necessary for the dissemination of
information concerning the activities of the board under this
chapter.
   (d) In carrying out this chapter, the board may solicit and use
any and all expertise available in other state agencies, including,
but not limited to, the Department of Toxic Substances Control, the
Department of Conservation, and the State Board of Equalization.  If
an existing state agency performs functions of a similar nature to
the board's functions under this chapter, the board may contract with
or cooperate with that agency in carrying out this chapter.

      Article 7.  Financial Provisions

   42467.  (a) The board shall deposit all fees received under this
chapter into the Hazardous Electronic Scrap Recovery, Reuse, and
Recycling Account, which is hereby established in the Integrated
Waste Management Fund. Except as required under subdivision (b), and
notwithstanding Section 13340 of the Government Code, the money in
the account is hereby continuously appropriated to the board, without
regard to fiscal years, solely for the following purposes:
   (1) For expenditure by the board to assist in the establishment
and operation of recovery and reuse or recycling systems for
hazardous electronic scrap.
   (2) To defray any costs incurred under subdivision (c) of Section
42466.
   (b) Except as authorized under subdivision (a), the board may not
expend any money in the account for the administration of this
chapter unless that money is appropriated for that purpose by the
Legislature in the annual Budget Act.