BILL ANALYSIS
SB 1619
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Byron D. Sher, Chairman
2001-2002 Regular Session
BILL NO: SB 1619
AUTHOR: Romero
AMENDED: April 17, 2002
FISCAL: Yes HEARING DATE: April 22, 2002
URGENCY: No CONSULTANT: Kip Lipper
SUBJECT : SOLID WASTE: CATHODE RAY TUBES (CRT'S) AND
DEVICES; RECYCLING AND REFURBISHMENT
SUMMARY :
Existing law :
1) Under the federal Resource Conservation and Recovery Act of
1976 (RCRA) and subsequent amendments to the Act, generally
requires the US Environmental Protection Agency (US EPA) to
establish standards and regulations for the management and
disposal of hazardous materials and wastes.
2) Under the California Integrated Waste Management Act
(Division 30 (commencing with Section 40000) of the Public
Resources Code):
a) Requires local agencies to divert, through source
reduction, recycling, and composting, 50% of solid waste
disposed by their jurisdictions by the year 2000.
b) Requires local enforcement agencies (LEA's) for solid
waste (generally cities or counties) to enforce
statewide minimum enforcement standards for solid waste
handling and disposal.
c) Establishes a statewide household hazardous substance
information and collection program within the California
Integrated Waste Management Board (CIWMB), which
consists of public education and local government
planning, assistance and funding though grants
administered by the board, for the purposes of ensuring
the proper and safe disposal of household hazardous
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substances.
d) Establishes a series of special solid waste reduction
and market development programs administered by the
CIWMB for wastes ranging from metallic discards, paper,
compost materials, plastic trash bags, and rigid plastic
beverage containers.
3) Under Chapter 6.5 (commencing with Section 25000) of the
Health and Safety Code, which generally governs the
authority of the Department of Toxic Substances Control
(DTSC) to regulate hazardous materials and wastes:
a) Requires DTSC to adopt, and revise as appropriate,
standards and regulations for the management of
hazardous wastes for the protection of the public
health, domestic livestock, wildlife, or the
environment.
b) Requires DTSC to maintain its hazardous waste
disposal program in a manner which, at minimum, meets
the requirements of the federal RCRA in order to
maintain federal delegation of its program.
4) Under Title 22 of the California Code of Regulations (CCR)
adopted by DTSC pursuant to the statutory authority
described under (3) above:
a) Establishes a "Universal Waste Rule" under which high
volume, relatively low-risk hazardous wastes (e.g.
batteries, florescent lamps, cameras etc.) are exempted
from standard and more stringent hazardous waste
management rules but are subject to less comprehensive
management and disposal requirements commensurate with
the risks they pose.
b) Requires persons other than households and small
businesses, who generate, handle, collect, transport or
recycle cathode ray tube materials (CRT's), as defined,
to manage those wastes as universal wastes and
prohibits their disposal in solid waste disposal
facilities.
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This bill :
1)Specifies that the CIWMB expend funds in the Cathode Ray
Tube Recycling Account established in the Integrated Waste
Management Fund pursuant to SB 1523 (Sher) as follows:
a) To provide matching grants to local governments to
establish and maintain local programs that provide for
the convenient and cost-effective collection and
processing of CRTs.
b) To provide annual recycling incentive payments to CRT
material handlers that collect and process cathode ray
tubes and CRT devices. 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).
c) To provide grants to nonprofit agencies that refurbish
CRTs for reuse, including costs they incur in disposing
of, recycling, or refurbishing CRTs which are donated to
them.
d) To provide loans and loan guarantees to manufacturers
to research and develop environmentally friendly CRTs.
2)Authorizes the CIWMB to administer the E-waste program
established under SB 1523 (Sher) except for those activities
within the jurisdiction of the DTSC, to establish a new
division or office for that purpose, to adopt regulations,
to prepare publications and to solicit expertise of other
state agencies for the purposes of implementing the program.
3)Makes legislative findings and declarations that the goals
of the state for the diversion, reduction and recycling of
CRT's shall be 80% by 2004 and 100% by 2006 for diversion,
and 25% by 2004, 50% by 2007 and 75% by 2010 for reuse and
recycling, and provides that these percentages are intended
to be goals to facilitate and encourage compliance with
existing laws and not to supercede any other laws related to
the disposal of hazardous waste.
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4)On and after January 1, 2004, requires all CRT's, CRT
devices, and their packaging to include a clear and
conspicuous warning label approved by DTSC that specifies
the types of hazardous materials in the CRT and that
provides appropriate information on the proper discarding
and reuse of CRT's.
5)Makes enactment of this measure contingent on enactment of
SB 1523 (Sher) which also deals with the subject of CRT's.
COMMENTS :
1) Purpose of Bill . According to the author's office, as
recently amended this bill provides the spending authority
for funds collected under SB 1523 (Sher) which is also on
the committee's agenda for hearing today, as well as
establishing statewide recovery and recycling goals,
requiring a warning label on CRTs. The author notes that
DTSC has determined that Cathode Ray Tubes (CRTs) including
all televisions and computer monitors are hazardous when
disposed of because of the lead content and therefore
cannot be disposed of in California landfills. This ruling
applies to more than 6 million CRTs that are awaiting
disposal in California homes and businesses. There is no
infrastructure or funding in place to handle this kind of
discarded material.
The author points out that local governments operate household
hazardous waste facilities to collect and process hazardous
materials. Typically they collect paint, cleansers,
batteries, automotive products, and other hazardous
materials found in homes. They have never collected CRTs
and they have no infrastructure in place to do so. Costs
for dealing with the existing 6 million CRTs awaiting
disposal are estimated to be near $1 billion. The ongoing
costs of e-scrap is estimated to be roughly $50 million
annually
2) Electronic Waste or "E-Waste" and CRT's Defined . According
to information from the CIWMB and DTSC websites: "E-waste
is a popular, informal name for electronic products nearing
the end of their 'useful life.' Computers, televisions,
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VCRs, stereos, copiers, and fax machines are common
electronic products. Many of these products can be reused,
refurbished, or recycled. Unfortunately, electronic
discards is one of the fastest growing segments of our
nation's waste stream. In addition, some researchers
estimate that nearly 75 percent of old electronics are in
storage, in part because of the uncertainty over how to
manage the materials. Combine this with increasing advances
in technology and new products headed towards the market
and it is no wonder that "E-waste" is a popular topic."
The term "E-waste" is loosely applied to consumer and business
electronic equipment that is near or at the end of its
useful life. There is no clear definition for E-waste; for
instance, whether or not items like microwave ovens and
other similar "appliances" should be grouped into the
category have not yet been determined. Certain components
of some electronic products contain materials that render
them hazardous, depending on their condition and density.
For instance, California regulation currently views
nonfunctioning CRTs (cathode ray tubes) from televisions
and monitors as hazardous."
CRTs, often called "picture tubes," convert an electronic
signal into a visual image. A typical CRT contains between
two and five pounds of lead. Lead is a toxic substance
which may cause lead poisoning and can be especially
harmful to young children. If products containing lead are
disposed of to the trash, the lead can potentially
contaminate the soil and our water supplies. When tested,
most CRT's exceed the regulatory threshold for lead and are
identified as hazardous waste when discarded. Waste CRTs
are subject to hazardous waste regulations which went into
effect August 3, 2001. The regulations protect the
environment by promoting the safe collection and recycling
of waste CRT's. Disposing of CRTs to the trash or to a
municipal landfill is prohibited."
3) New Report Suggests E-Waste Is International Environmental
Concern . It is estimated that, in California alone, up to
6 million CRT's have piled up in attics, basements,
garages, and other storage areas. Given the planned
obsolescence of computers, TV monitors and the like, this
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number is expected to increase over time.
According to a new report issued earlier this year by the
Silicon Valley Toxics Coalition [ Exporting Harm; The
High-Tech Trashing Of Asia , Puckett et. al.], "Electronic
waste or E-waste is the most rapidly growing waste problem
in the world. It is a crisis not only of quantity but also
a crisis born from toxic ingredients such as the lead,
beryllium, mercury, cadmium, and brominated-flame
retardants that pose both an occupational and environmental
health threat. But to date, industry, government and
consumers have only taken small steps to deal with this
looming problem."
?trade in E-waste is an export of real harm to the poor
communities of Asia. The open burning, acid baths and toxic
dumping pour pollution into the land, air and water and
exposes the men, women and children of Asia's poorer
peoples to poison. The health and economic costs of this
trade are vast and, due to export, are not born by the
western consumers nor the waste brokers who benefit from
the trade."
The report makes the following summary findings:
Millions of pounds of E-waste from obsolete computers and
TVs are being generated in the U.S. each year and large
amounts -- an estimated 50% to 80% collected for recycling
-- are being exported.
This export is due to cheaper labor, lack of environmental
standards in Asia, and because such export is still legal in
the United States.
The E-waste recycling and disposal operations found in
China, India, and Pakistan are extremely polluting and
likely to be very damaging to human health. Examples
include open burning of plastic waste, exposure to toxic
solders, river dumping of acids, and widespread general
dumping.
Contrary to all principles of environmental justice, the
United States, rather than banning exports of toxic E-waste
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to developing countries, is actually facilitating their
export.
China has banned the import of E-waste and yet the United
States refuses to honor that ban by preventing exports to
them.
Due to a severe lack of responsibility on the part of the
federal government and the electronics industry, consumers,
recyclers and local governments are left with few viable,
sustainable options for E-waste.
1) State Regulatory and Administrative Efforts to Address
Environmental Impacts of E-Waste Described . While the US
EPA designated TV and computer picture tubes as hazardous
wastes as long ago as the late 1980's, California's
agencies have only recently taken direct action to regulate
and assist in the proper collection, recycling, processing
and disposal of E-waste. Last year, two state agencies
took administrative actions to address growing awareness
and concern over the E-waste problem.
In August of 2001, DTSC adopted emergency regulations
designating CRT's as "universal wastes" subject to its
universal waste regulations (CCR Title 22 Section 66273 et.
seq.). These regulations prohibit the disposal of CRT's in
solid waste landfills and established procedures for the
handling, processing, recycling, and disposal of CRT's.
During the same timeframe, the CIWMB undertook a series of
non-regulatory actions to address the problem of E-waste.
The Board is supporting local E-waste collection activities
through its annual household hazardous waste grant awards
to local governments. It has also allocated $110,000 for a
study of E-waste generation and infrastructure in
California, and for development of state agency guidelines
for procurement and end-of-life management of electronic
equipment. Finally, the board has conducted a series of
workshops and has provided guidance to LEA's on the proper
management and disposal of E-waste.
2) National "Dialogue" On E-Waste Described . The National
Electronics Products Stewardship Initiative (NEPSI) is a
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non-governmental, non-regulatory voluntary organization
established in April 2001 to create a "dialogue" among
industry, environmental, recycling, and other stakeholders
on the issue of electronic products management. According
to its press materials, NEPSI consists of 45 participants,
split evenly among industry, government, and includes
environmental groups, recyclers, and retailers.
According to NEPSI's website, "The infrastructure for
collecting, reusing and recycling electronics in the United
States has not kept pace with this growing waste stream,
and the number of electronic products entering the waste
stream is projected to increase dramatically unless reuse
and recycling options expand.
NEPSI's principal goal for the dialogue is 'the development of
a system, which includes a viable financing mechanism, to
maximize the collection, reuse, and recycling of used
electronics, while considering appropriate incentives to
design products that facilitate source reduction, reuse and
recycling; reduce toxicity; and increase recycled content.'
The NEPSI Dialogue has apparently agreed upon a non-binding
timeline of the fall of 2002 for the review and completion
of its efforts to develop a national model program for the
management of E-waste.
3) Senate Select Committee on Urban Landfills Conducted
Hearing On Electronic Waste . In January of this year, the
Senate Select Committee held a hearing on the subject of
E-waste and CRT's in which it took testimony from
environmental groups, high-tech industry representatives,
waste haulers and numerous other groups on the problem of
E-waste.
4) Opponents State E-Waste Problem Should Be Addressed At
National Level . [NOTE: Opposition to this measure was
written in response to an earlier version of the bill].
Opponents to this measure, principally the electronics and
high-tech industry, state that they oppose "a
state-by-state piecemeal approach to the issue of
electronics recycling" and prefer to work through the NEPSI
process to develop a national solution to the problem. The
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opponents state that there currently are a number of
voluntary recycling programs undertaken by individual
companies to address the E-waste problem.
Opponents state that "state legislation on electronics
recycling has the potential to severely disadvantage
California manufacturers and the health of California's
economy. They contend that a single state is not able to
impose a front-end financing mechanism that would apply
fairly to all types of sales. For example, a fee at the
point of sale, as proposed under this measure, could not
likely be required on direct mail and Internet purchases
from retailers without nexus in California. They state
that at least one-quarter of computer sales and a small but
growing percentage of consumer electronic sales are
conducted over the Internet or through remote sellers such
as catalogue sales. Many of these sales can not be subject
to fees implemented on a state-by-state basis.
The opponents state that the labeling requirements of the bill
will impose burdensome new requirements on manufacturers
and may limit the availability of products to California
consumers. The opponents state "such labeling would cause
significant problems as it relates to interstate commerce,
and does little, if anything to foster reduction of illegal
disposal of these products."
The opponents conclude that, in today's fragile economy,
California cannot afford to burden in-state companies with
this type of financing scheme.
5) Should Ban On CRT's In Landfills Be Statutorily
Established ? In its earlier form, this measure proposed to
place in statute the ban on disposal of CRT's in solid
waste disposal facilities enacted by regulation by DTSC
last year. That provision has since been deleted from the
bill. The author and the committee may wish to consider
whether or not to reinsert the provision into the bill.
6) This Measure and SB 1523 Should Be Reconciled . As recently
amended, this measure now is made contingent on the passage
of SB 1523 (Sher) and, in part, appears to have been
drafted to provide the expenditure provisions for the CRT
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recycling fee established under that bill. However, SB
1523 already establishes largely the same expenditure
provisions now duplicated in this measure. The author and
the committee may wish to delete these provisions so that
there is no overlap between the two bills, or, at minimum
to ensure that the two bills have identical expenditure
provisions.
7) Unclear If Labeling Of CRT's Can Contain All of the
Information Called For In Bill . This measure requires each
CRT and its packaging to possess a label which includes a
warning statement on hazardous materials in CRT's, the
actual types of hazardous materials contained in the CRT,
and information on how to properly dispose of the CRT. It
is unclear if all of this information can fit onto a single
label. The author and the committee may want to give DTSC
greater discretion in determining the information on the
label to ensure the information fits on the label.
SOURCE : Senator Romero/Californians Against Waste
SUPPORT : Alameda County Waste Management Authority,
Allied Waste, Inc., Berkeley City Council,
California Earth Corps, California Refuse
Removal Council, California State Association
of Counties, City and County of San Francisco,
Cities of Costa Mesa, Milpitas, Morro Bay City
Council and Santa Ana, County Sanitation
Districts of Los Angeles County, Davis City
Council, East Bay Municipal Utility District,
League of California Cities, Los Angeles County
Integrated Waste Management Task Force,
National Council of Jewish Women/LA, Norcal
Waste Systems, Inc. Republic Services, Inc.,
Planning and Conservation League, Sacramento
Metropolitan Air Quality Management District,
San Luis Obispo County Integrated Waste
Management Authority, Santa Clara County Board
of Supervisors, Sierra Club, Solid Waste
Association of North America, California
Chapters Waste Management, Inc., 14 individuals
OPPOSITION : American Electronics Association, California
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Chamber of Commerce, California Manufacturers
and Technology Association, Computing
Technology Industry Association, Electronic
Industries Alliance, Hewlett-Packard Company,
Osram Sylvania, Silicon Valley Manufacturing
Group