BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2901|
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THIRD READING
Bill No: AB 2901
Author: Pavley (D), et al
Amended: 8/19/04 in Senate
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 5-1, 6/28/04
AYES: Sher, Chesbro, Figueroa, Kuehl, Romero
NOES: McPherson
NO VOTE RECORDED: Morrow
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 41-32, 5/26/04 - See last page for vote
SUBJECT : Hazardous waste: cellular phones: recycling
SOURCE : Californians Against Waste
DIGEST : This bill enacts the Cell Phone Recycling Act of
2004 and requires all retailers of cellular telephones to
have in place, by July 1, 2006, a system for the accepting
and collection of used cell phones for reuse, recycling or
proper disposal.
Senate Floor Amendments of 8/19/04:
1. Defines "used cell phones" . In place of defining used
cell phones as hazardous waste, the bill now refers to
such phones when collected by the retailers in functional
terms (i.e., used cell phones for reuse, recycling, or
proper disposal). As noted in the penultimate provision
CONTINUED
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of the bill, the revised definition does nothing to alter
any obligation imposed on a person regarding the
management of cell phones pursuant to the state's
hazardous waste laws.
2. Consumer Information . In place of the current bill
language that refers to consumer information based on
"point-of-purchase signage or display," the amendments
now substitute the following: "Signage that is
prominently displayed and easily visible to the
consumer."
3. Exception for the Providing of Consumer Information . The
bill currently requires every retailer of a cell phone to
provide consumer information regarding recycling
opportunities. The amendment will not apply to a
retailer that only sells prepaid cell phones and does not
provide a contract for cell phone service.
ANALYSIS :
Existing Law
1.Requires the United States Environmental Protection
Agency (U.S. EPA) to establish standards and adopt
regulations for the management and disposal of hazardous
materials and waste in accordance with the federal
Resource Conservation and Recover Act (RCRA).
2.Authorizes the State Department of Toxic Substances
Control (DTSC) to regulate hazardous materials and wastes
to ensure that the state is delegated authority in
accordance with RCRA.
3.In accordance with the California Integrated Waste
Management Act:
A. Requires local agencies to divert, through source
reduction, recycling, and composting, 50 percent of
solid waste disposal by their jurisdiction by the
year 2000.
B. Establishes a statewide household hazardous
substance information and collection program within
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the California Integrated Waste Management Board
(CIWMB).
This bill:
1.Establishes the Cell Phone Recycling Act of 2004 and
makes related findings and declarations.
2.Requires, beginning July 1, 2006, every retailer of a
cell phone sold in California to have in place a system
for accepting and collecting used cell phones for reuse,
recycling or proper disposal. The system shall be
comprised of the following elements:
A. Taking back used phones from consumers who have
purchased the phone from that retailer, at no cost to
the consumer, including an authority for retailers to
require proof of purchase.
B. Taking back a used cell phone from a consumer who
is purchasing a new cell phone for that retailer.
C. Taking back a used cell phone from a retailer who
delivers a cell phone directly to a consumer in this
state by establishing a mechanism for the consumer to
return the used cell phone at the time of delivery.
D. Requiring a retailer to maintain information to
consumers about cell phone recycling opportunities,
at no cost to the consumer, by one or more of the
following:
(1) Signage that is prominently displayed and
easily visible to the consumer.
(2) Written materials provided to the consumer
at the time of purchase or delivery.
(3) Reference to the cell phone recycling
opportunity in the retailer advertising or other
promotional materials, or both.
(4) Direct communications with the consumer at
the time of purchase.
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3.Prohibits the sale of a cell phone to a consumer unless
the retailer complies with this chapter beginning July 1,
2006.
4.Requires DTSC, beginning July 1, 2007 and continuing each
July 1 thereafter, to post on its web site an estimate of
the recycling rates for cell phones in California and
related information.
5.Requires a state agency purchasing or leasing cell phones
to certify that prospective bidders and their related
businesses have complied with this chapter or demonstrate
that this chapter is inapplicable.
A. Makes ineligible those prospective bidders and its
related businesses who have failed to provide said
certification.
B. Requires a prospective bidder to cooperate in
providing reasonable access to records and documents
to demonstrate compliance.
C. Voids the contract and makes ineligible for three
years any bidder who is found to be in violation of
this section.
D. Allows the Attorney General to order to
disgorgement of any unlawfully obtained money,
property, or benefit from a contractor found to
violation this section.
6.Provides that the provisions are severable.
Comments
Background . It is estimated that by 2005, of the 175
million cell phones in use, only five percent will be
collected, reused, or recycled. With the average life span
of a cell phone being about 18 months, it is estimated that
130 million cell phones will be discarded annually. In
California this translates to the discarding of roughly
16.3 million cell phones annually.
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Cell phones contain a variety of toxins, including arsenic,
antimony, beryllium, cadmium, copper, lead, mercury,
nickel, and zinc. The typical batteries (lithium and
nickel), contain heavy metals including cobalt, zinc, and
copper. Many of these toxins are persistent,
bioaccumulative toxins (PBTs) and have the potential to be
released into the air and groundwater when burned in
incinerators or disposed of in landfills.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/20/04)
Californians Against Waste (source)
Alameda County Waste Management Authority
California League of Conservation Voters
California Refuse Removal Council
California Resource Recovery Association
California State Association of Counties
Cell Cycle
Central Contra Costa Solid Waste Authority
Charitable Recycling
Cities of Concord, Coronado, Inglewood, Millbrae,
Montebello, and Norwalk
Collectivegood Mobile Phone Recycling
Community Environmental Council
Council of California Goodwill Industries
County of Santa Barbara Public Works Department
Del Mar Fairgrounds
DigiCell International
East Bay Municipal Utility District
Environment California
Gold'n West Surplus, Inc.
HMR Group San Francisco, Inc.
Hidden Resources
Keep California Beautiful
League of California Cities
League of Conservation Voters
Long Beach Energy
MBA Polymers, Inc.
Natural Resources Defense Council
Norcal Waste Systems, Inc.
Planning and Conservation League
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Sierra Club California
SOCAL Computer Recyclers, Inc.
Solid Waste Association of North America
UC Davis R4 Recycling Program
Urban Corps San Diego
OPPOSITION : (Verified 8/20/04)
The following list reflects opposition to the prior
version:
Cellular Telecommunications & Internet Association
Electronic Industries Alliance
San Diego Telecom Council
Silicon Valley Manufacturing Group
Sony Ericsson Mobile
ARGUMENTS IN SUPPORT : According to the author's office,
this bill promotes a convenient and cost-free system for
consumers of cell phones to recycle their obsolete cell
phones.
ARGUMENTS IN OPPOSITION : Unavailable on current version
of the bill.
ASSEMBLY FLOOR :
AYES: Berg, Calderon, Chan, Chu, Cohn, Corbett, Correa,
Diaz, Dymally, Firebaugh, Frommer, Goldberg, Hancock,
Jackson, Kehoe, Koretz, Laird, Leno, Levine, Lieber, Liu,
Longville, Lowenthal, Montanez, Mountjoy, Mullin, Nakano,
Nation, Negrete McLeod, Oropeza, Pavley, Reyes,
Ridley-Thomas, Salinas, Simitian, Steinberg, Wesson,
Wiggins, Wolk, Yee, Nunez
NOES: Aghazarian, Bates, Benoit, Bogh, Campbell,
Canciamilla, Cogdill, Cox, Daucher, Dutton, Garcia,
Harman, Haynes, Shirley Horton, Houston, Keene, La Suer,
Leslie, Maddox, Maldonado, Matthews, Maze, McCarthy,
Nakanishi, Pacheco, Parra, Plescia, Richman, Samuelian,
Spitzer, Strickland, Wyland
NO VOTE RECORDED: Bermudez, Chavez, Dutra, Jerome Horton,
La Malfa, Runner, Vargas
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CP:cm 8/21/04 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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