BILL NUMBER: SB 1619 AMENDED BILL TEXT AMENDED IN ASSEMBLY AUGUST 23, 2002 AMENDED IN ASSEMBLY JULY 2, 2002 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 42590, 42591,42592, and 42593and 42592 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 would require the board, using funds appropriated for these purposes, to provide (1)matchinggrant 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; and (4) 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 to be used by the board to 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; 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 sold in the state, 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.Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 42590 is added to the Public Resources Code, to read: 42590. Using funds appropriated for these purposes, the board shall do all of the following: (a) Provide 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. (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. (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 42593 is added to the Public Resources Code, to read: 42593. On and after January 1, 2004, all cathode ray tubes and CRT devices sold in the state, 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 both 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) 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.