BILL NUMBER: SB 1619 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 8, 2002
AMENDED IN SENATE APRIL 17, 2002
INTRODUCED BY Senators Romero and Sher
(Coauthor: Senator Soto)
FEBRUARY 21, 2002
An act to add Sections 42586, 42587, 42588, and 42589 to
the Public Resources Code, relating to solid waste, and making an
appropriation therefor. An act to add Sections 42590,
42591, 42592, and 42593 to the Public Resources Code, relating to
solid waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 1619, as amended, Romero. Solid waste: cathode ray tubes and
CRT devices.
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, in conjunction with SB 1523, would establish a program
administered by the board to recover, reuse, and recycle cathode ray
tubes and CRT devices, as defined.
The bill would require the board , upon appropriation,
to use funds in the Cathode Ray Tube Recycling Account, which SB 1523
would establish as a continuously appropriated account
in the Integrated Waste Management Fund, for the purposes
of providing (1) matching grant funds to local governments to
establish and maintain local programs that provide for the convenient
and cost-effective collection and processing of cathode ray tubes
and CRT devices; (2) annual recycling incentive payments to CRT
material handlers that collect and process cathode ray tubes and CRT
devices; (3) grants to nonprofit agencies that recycle and
refurbish cathode ray tubes and CRT devices for reuse; (4)
grants to provide financial assistance to nonprofit organizations in
order to assist those organizations in the disposal of cathode ray
tubes and CRT devices that they receive as donations; and (5) loans
and loan guarantees to manufacturers for research and development of
environmentally friendly cathode ray tubes and CRT devices, as
defined in SB 1523. By requiring the money in the account to be used
for these additional purposes, the bill would make an appropriation
grants to manufacturers of CRT devices to encourage
consumers to return the devices for processing, recycling, or reuse
and to assist manufacturers in collecting, processing, recycling, or
reusing CRT devices. The bill would also require these funds, upon
appropriation to be used by the board to a public information program
to educate the public on the hazards of improper CRT device storage
and disposal and on the opportunities to recycle CRT devices; and to
provide funding to the Department of Toxic Substances Control to
implement and enforce certain provisions relating to hazardous waste
control, as those provisions relate to CRT devices, and any
regulations adopted by the department pursuant thereto.
The bill would prohibit the board from making any grant or
incentive payment under the program unless the applicant for the
grant or payment demonstrates (1) that the CRT devices collected by
the applicant will be recycled, refurbished, or disposed of in a
manner that is in compliance with all applicable federal, state, and
local laws, regulations, and ordinances, and that the devices will
not be exported from the state for disposal in a manner that poses a
significant risk to the public health or the environment; and (2)
that the applicant will accept for recycling or refurbishment any CRT
device for which fees have been paid and a label has been issued,
without charging for that recycling or refurbishment .
The bill would provide state goals relating to the diversion,
reuse, and recycling of cathode ray tubes and CRT devices.
The bill would require that on and after January 1, 2004, all
cathode ray tubes and CRT devices, and packaging containing those
tubes and 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 the
tubes and devices.
The bill would provide that its provisions shall become operative
only if SB 1523 of the 2001-02 Regular Session is enacted and becomes
operative.
Vote: majority. Appropriation: yes no
. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 42586 is added to the Public Resources Code, to
read:
42586. (a) The
SECTION 1. Section 42590 is added to the Public Resources Code, to
read:
42590. Upon appropriation, the board shall use funds in the
account to do all of the following:
(1)
(a) Provide matching grant funds to local governments to
establish and maintain local programs that provide for the convenient
and cost-effective collection and processing of cathode ray tubes
and CRT devices.
(2)
(b) Provide annual recycling incentive payments to CRT
material handlers that collect and process cathode ray tubes and CRT
devices, if those facilities comply with all of the applicable
provisions of Sections 66273.80 to 66273.90, inclusive, of Title 22
of the California Code of Regulations. In awarding annual
recycling incentive payments under this section, the board shall
place highest priority on supporting CRT material handling facilities
that have obtained registration pursuant to Standard No. 14001 of
the International Standards Organization (ISO 14001).
(3) Provide grants to nonprofit agencies that refurbish cathode
ray tubes and CRT devices for reuse.
(4) Provide grants to nonprofit organizations as follows:
(A) In order to assist nonprofit organizations in the disposal of
cathode ray tubes and CRT devices that they receive as donations, the
board shall establish a grant program to offset the cost that these
organizations incur in the disposal of tubes and devices in
accordance with this division.
(B) The grants shall be available to any nonprofit organization
that receives cathode ray tubes and CRT devices for the purpose of
refurbishing the tubes or devices for resale or for providing
training in the repair and refurbishing of those tubes or devices,
whether the tubes or devices are accepted as donations or are
electronic scrap left at unattended donation locations.
(C) The amount of the grants shall be based upon the average
annual costs incurred by the nonprofit organization in disposing of
the tubes or devices at landfills, recycling centers, or through
waste disposal companies.
(5) Provide loans and loan guarantees to manufacturers for
research and development of environmentally friendly cathode ray
tubes and CRT devices.
(6) The board shall adopt regulations governing the making of
grants, incentive payments, loans, and loan guarantees under this
section.
SEC 2. Section 42587 is added to the Public Resources Code, to
read:
42587. (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.
SEC 3. Section 42588 is added to the Public Resources Code, to
read:
42588.
(c) Provide grants to nonprofit organizations that recycle and
refurbish cathode ray tubes and CRT devices for reuse. Grants to
nonprofit organizations made under this subdivision may be made
available for the purposes of refurbishing and reselling CRT devices
and for the training of persons in the repair, refurbishing, and
recycling of those devices.
(d) Provide grants to manufacturers of CRT devices to encourage
consumers to return the devices for processing, recycling, or reuse
and to assist manufacturers in collecting, processing, recycling, or
reusing CRT devices.
(e) Establish a public information program to educate the public
on the hazards of improper CRT device storage and disposal and on the
opportunities to recycle CRT devices. Not more than 1 percent of
funds in the account may be used for the purposes of implementing
this subdivision.
(f) Provide funding to the Department of Toxic Substances Control
to implement and enforce Chapter 6.5 (commencing with Section 25000)
of the Health and Safety Code, as that chapter relates to CRT
devices, and any regulations adopted by that department pursuant
thereto.
SEC. 2. Section 42591 is added to the Public Resources Code, to
read:
42591. No grant or incentive payment may be made by the board
under subdivision (a) to (d), inclusive, of Section 42590 unless the
applicant for the grant or payment demonstrates both of the
following:
(a) The CRT devices collected by the applicant will be recycled,
refurbished, or disposed of in a manner that is in compliance with
all applicable federal, state, and local laws, regulations, and
ordinances, and the devices will not be exported from the state for
disposal in a manner that poses a significant risk to the public
health or the environment.
(b) The applicant will accept for recycling or refurbishment any
CRT device for which fees have been paid and a label has been issued
without charging for that recycling or refurbishment.
SEC. 3. Section 42592 is added to the Public Resources Code, to
read:
42592. (a) The Legislature finds and declares that existing
law prohibits the disposal of cathode ray tubes and CRT devices in
landfill facilities and requires that the tubes and devices 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 cathode ray tubes and CRT devices:
(1) On and after January 1, 2004, not less than 80 percent of
cathode ray tubes and CRT devices shall be diverted from disposal in
landfill facilities.
(2) On and after January 1, 2006, not less than 95 percent of
cathode ray tubes and CRT devices shall be diverted from disposal in
landfill facilities.
(3) On and after January 1, 2004, not less than 25 percent of
cathode ray tubes and CRT devices shall be diverted from disposal at
a hazardous waste facility and recovered for reuse or recycling.
(4) On and after January 1, 2007, not less than 50 percent of
cathode ray tubes and CRT devices shall be diverted from disposal at
a hazardous waste facility and recovered for reuse or recycling.
(5) On and after January 1, 2010, not less than 75 percent of
cathode ray tubes and CRT devices shall be diverted from disposal at
a hazardous waste facility 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.
SEC 4. Section 42589 is added to the Public Resources Code, to
read:
42589.
SEC. 4. Section 42593 is added to the Public Resources Code to
read:
42593. On and after January 1, 2004, all cathode ray tubes
and CRT devices, and packaging containing those tubes or 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 cathode ray tube or CRT 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 cathode
ray tube or CRT device.
(c) Information on opportunities for and the appropriate means of
discarding the cathode ray tube or CRT device, including a toll-free
telephone number or Internet address where consumers can get specific
information on convenient, no-cost opportunities for discarding
cathode ray tubes and CRT devices for reuse, recycling, or proper
waste management.
SEC 5. This act shall become operative only if Senate Bill 1523 of
the 2001-02 Regular Session is enacted and becomes operative.