BILL ANALYSIS
Appropriations Committee Fiscal Summary
20 (Sher)
Hearing Date: 5/22/03 Amended: 5/21/03
Consultant: Miriam Barcellona Ingenito Policy Vote:
EQ 5-1
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BILL SUMMARY: SB 20, an urgency measure, would (1) enact the
Hazardous Electronic Waste Recovery, Reuse, and Recycling Act of
2003 (Act); (2) impose civil liability for specified violations;
and (3) make Legislative findings and declarations, and define
terms.
Fiscal Impact (in thousands)
Major Provisions 2003-04 2004-05 2005-06
Fund
DTSC costs $400 $200
$200 GF/SF*
IWMB Costs >$200 $1,700+ $1,700+
GF/SF*
*Hazardous Electronic Waste, Recovery, Reuse, and Recycling Account,
created in SB 20 within the Integrated Waste Management Fund.
+Recovered by fees.
STAFF COMMENTS: This bill meets the criteria for referral to the
Suspense file. SB 20 would do all of the following:
Require the Department of Toxic Substances Control (DTSC) to
adopt regulations to prohibit the use of hazardous materials
in the manufacture of hazardous electronic devices sold in the
State, and prohibit the use of any electronic or mechanical
device that prevents or limits the use, reuse or recycling of
a hazardous electronic device;
Prohibit any person from selling a hazardous electronic device
in the State unless the Integrated Waste Management Board
(IWMB) determines that the manufacturer of said device is in
compliance with the Act;
Require a manufacturer of hazardous electronic devices that
sells them in the state to notify IWMB of its intent to sell
the device and to prepare and submit to IWMB a hazardous
electronic device recovery plan that meets specified
standards;
Require a manufacturer that intends to export a hazardous
electronic waste to provide DTSC with specified information;
Require IWMB to establish and impose fees on manufacturers of
hazardous electronic devices that submit a plan for review to
cover its reasonable costs of implementing the Act:
Require a manufacturer who does not submit a recovery plan to
the board or who does not meet specified recovery and
recycling targets, to instead pay a fee to IWMB, which IWMB
would deposit into the Hazardous Electronic Waste, Recovery,
Reuse, and Recycling Account, created by this bill; and
Authorize IWMB to expend monies deposited in the account, upon
appropriation by the Legislature, to implement the Act.
DTSC has provided preliminary estimates of about $400,000 (and
four positions) to develop the two sets of regulations,
determine what is a hazardous electronic device, conduct
inspections and enforcement activities, consult with IWMB, and
maintain the information provided by exporters of hazardous
waste. IWMB has provided preliminary estimates of about $1.6
million (and 16 positions) to implement the bill. While all of
its costs to administer the Act would be reimbursed and recouped
through fees authorized in the bill, IWMB would incur
significant costs to develop regulations, develop the required
content of the plans to be submitted by the manufacturers, and
establish the fee schedule up front. IWMB was not able to
provide a preliminary estimate for these up-front costs, but
staff estimates that these costs would likely exceed $200,000
(at least 2 positions). STAFF NOTES that in light of the hiring
freeze, it is not likely that DTSC and IWMB would be able to
hire these additional positions.