BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 20|
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UNFINISHED BUSINESS
Bill No: SB 20
Author: Sher (D), et al
Amended: 9/9/03
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 5-1, 5/12/03
AYES: Sher, Chesbro, Figueroa, Kuehl, Romero
NOES: Denham
SENATE APPROPRIATIONS COMMITTEE : 8-5, 5/29/03
AYES: Alpert, Bowen, Burton, Escutia, Karnette, Machado,
Murray, Speier
NOES: Battin, Aanestad, Ashburn, Johnson, Poochigian
SENATE FLOOR : 25-13, 6/4/03
AYES: Alarcon, Alpert, Bowen, Burton, Cedillo, Chesbro,
Ducheny, Dunn, Escutia, Figueroa, Florez, Karnette,
Kuehl, Machado, McPherson, Murray, Perata, Romero, Scott,
Sher, Soto, Speier, Torlakson, Vasconcellos, Vincent
NOES: Aanestad, Ackerman, Ashburn, Battin, Brulte, Denham,
Hollingsworth, Knight, Margett, McClintock, Morrow,
Oller, Poochigian
NO VOTE RECORDED: Johnson Ortiz
SUBJECT : Solid waste: hazardous electronic waste
SOURCE : Author
DIGEST : This bill enacts the Electronic Waste Recycling
Act of 2003 to provide for the convenient recycling of
covered electronic devices in California.
CONTINUED
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Assembly amendments make significant changes to many
provisions of the bill, however, the intent remains the
same.
ANALYSIS : This bill:
1. States Legislative intent that the program is to provide
sufficient funding for the safe, cost-free, and
convenient collection and recycling of 100 percent of
the covered electronic waste discarded or offered for
recycling in the state, to eliminate electronic waste
stockpiles and legacy devices by December 31, 2007, and
to end the illegal disposal of covered electronic
devices, to establish manufacturer responsibility for
reporting to the California Integrated Waste Management
Board (CIWMB) on the manufacturer's efforts to phase out
hazardous materials in electronic devices and increase
the use of recycled materials.
2. Provides that the State Department of Toxic Substances
Control (DTSC) may, by regulation, establish management
standards on the management of electronic waste that the
DTSC determines is hazardous or if the Federal
Government authorizes an alternative management standard
for electronic waste.
3. Defines "covered electronic device" as a cathode ray
tube, cathode ray tube device, flat panel screen, or any
other video display device with a screen size that is
greater than four inches in size measured diagonally and
which, when discarded or disposed, would be a hazardous
waste under regulations set by the DTSC.
4. Defines "Consumer" as including business, corporation,
limited partnership, non-profit organization, or
governmental entity except a wholesale transaction
between a distributor and retailer.
5. Defines "authorized collector" as any of the following:
A. A city, county or district that collects covered
electronic devices.
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B. A person or entity that is required or authorized
by a city, county, or district to collect covered
electronic devices.
C. A non-profit organization that collects or accepts
covered electronic devices.
D. A manufacturer that collects, consolidates, and
transports covered electronic devices for recycling
from consumers, businesses, institutions, and other
generators.
E. Any entity that collects, handles, consolidates,
and transports covered electronic devices.
1. Requires DTSC to adopt regulations that prohibit an
electronic device from being sold or offered for sale if
the electronic device is prohibited from being sold or
offered for sale in the European Union, as specified.
Provides that the regulations shall take effect January
1, 2007; or, on or after the date the European Union
directive is adopted, as specified.
2. On and after July 1, 2004, imposes an electronic waste
recycling fee upon the purchase of an electronic device
by a consumer from a retailer in the following amounts:
A. Six dollars ($6) for each electronic device with a
screen size of less than 15 inches measured
diagonally.
B. Eight dollars ($8) for each electronic device with
a screen size greater than or equal to 15 inches but
less than 35 inches measured diagonally.
C. Ten dollars ($10) for each electronic device with a
screen size greater than or equal to 35 inches
measured diagonally.
1. Provides that CIWMB, in collaboration with DTSC, shall
review and adjust the Fee at least every two years in a
public hearing.
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2. Requires CIWMB, in collaboration with DTSC, to base any
Fee adjustments on the following factors:
A. The sufficiency, and any surplus, of revenues in
the account to fund the collection, consolidation, and
recycling of 100 percent of the covered electronic
waste that is projected to be recycled in the state.
B. The sufficiency of revenues in the account.
1. Prohibits on and after July 1, 2004, the sale of covered
electronic devices to consumers unless the CIWMB or DTSC
determines that the manufacturer of the covered
electronic device demonstrates compliance with the act.
2. Prohibits on and after January 1, 2005, the sale of
covered electronic devices that are not labeled with the
name of the manufacturer or the manufacturer brand label
that is readily visible.
3. Prohibits on and after July 1, 2005, manufacturers of
electronic devices to annually submit a report to CIWMB
that includes the following information:
A. An estimate of the number of covered electronic
devices sold by the manufacturer in the state during
the previous year.
B. A baseline or set of baselines that show the amount
of hazardous materials used in the manufacture of
electronic devices by the manufacturer in that year
and the reduction in the use of those hazardous
materials from the previous year.
C. A baseline or set of baselines that show the amount
of recycled materials used in the manufacture of
electronic devices by the manufacturer in that year
and the increase in the use of those recycled
materials from the previous year.
D. A baseline or set of baselines that describe any
efforts to design covered electronic devices for
recycling and goals and plans for further increasing
design for recycling.
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1. Requires manufacturers to make information available to
consumers that describes where and how to return,
recycle, and dispose of the covered electronic devices
and opportunities and locations for the collection or
return of the covered electronic devices and provides
information to consumers on the electronic waste
recycling fee.
2. Requires on and after April 1, 2004, manufacturers to
inform retailers if a covered electronic device sold by
that manufacturer is subject to the recycling fee under
the act.
3. Provides that the imposition of the fee is a matter of
statewide importance and preempts local agencies from
enacting similar fees, but provides that local agencies
may adopt, implement or enforce local ordinances,
resolutions, regulations or rules governing curbside or
drop off recycling programs.
4. Authorizes CIWMB to impose administrative civil
penalties of up to $2,500 per violation, and to seek
civil penalties of up to $5,000 per violation for each
sale of a covered electronic device for which a covered
electronic waste recycling fee has been paid.
5. Provides that the act may be enforced by the DTSC.
6. Establishes procedures for CIWMB and DTSC to administer
the act.
7. Provides that CIWMB and DTSC may adopt emergency
regulations that are necessary to implement the act and
any other regulations DTSC deems necessary enforce the
act.
8. Requires CIWMB, in collaboration with DTSC, to convene
an electronic waste working group comprised of
representatives from manufacturers of electronic devices
and other interested parties to develop and, by July 1,
2005, advise CIWMB and State and Consumer Agency on
environmental purchasing criteria that may be used by
state agencies to identify electronic devices with
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reduced environmental impacts.
9. Requires CIWMB to annually establish, and update as
necessary, statewide recycling goals for covered
electronic waste.
10.Provides that any statewide goals for electronic waste
recycling do not authorize the CIWMB or DTSC to
establish any recycling rates or dates by which a
manufacturer must comply or impose any other goal or
target upon a manufacturer.
11.Requires CIWMB to annually report to the Legislature and
the public, and post on its web site, the amount of
covered electronic devices sold in the state in the
previous year.
12.Requires CIWMB to annually report to the Legislature and
the public on the amount of covered electronic devices
recycled in the state in the previous year.
13.Establishes the Electronic Waste Recovery and Recycling
Account, within the Integrated Waste Management Account
into which Fee or penalty revenues shall be deposited,
and specifies how those funds may be spent by DTSC and
CIWMB.
14.Provides that CIWMB and DTSC may spend funds in the
account to:
A. Make electronic waste recovery payments to
authorized collectors.
B. Make electronic waste recycling payments to covered
electronic waste recyclers.
C. Provide for administrative costs of CIWMB and DTSC.
D. Provide funding to DTSC to implement the act and
any regulations adopted by DTSC to implement the act.
1. Provides that CIWMB may use no more than one percent of
the funds annually deposited into the Account for a
public information program to educate the public.
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2. Provides that CIWMB may not provide funds for electronic
devices unless the materials will be handled in
compliance with all statutes and regulations regarding
the export of hazardous wastes.
3. Requires any person intending to export a covered
electronic waste to a foreign destination to 60 days
prior to the export:
A. Notify DTSC of the destination, contents, and
volume of covered electronic waste to be exported.
B. Demonstrate that any applicable law or regulation
of the country of destination does not prohibit the
importation of covered electronic waste.
C. Demonstrate that the export is conducted only in
accordance with international law.
D. Demonstrate that the management of the exported
covered electronic will be handled within the country
of destination in accordance with applicable rules
adopted by the Organization for Economic Cooperation
and Development for the environmentally sound
management of electronic waste.
E. Demonstrate that the covered electronic waste is
being exported for the purpose of reuse or recycling.
F. Provides that these conditions do not apply to
component parts of a covered electronic device that
are exported to an authorized collector or recycler
and that are reused or recycled into new electronic
components.
1. Requires that CIWMD, in collaboration with DTSC, on and
after July 1, 2004, and on July 1 every two years
thereafter, shall establish an electronic waste recovery
payment schedule for electronic waste generated to cover
the net cost for an authorized collector to operate a
free and convenient system for collecting, consolidating
and transporting electronic waste.
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2. Requires that CIWB, in collaboration with DTSC, on and
after January 1, 2004, and on January 1 every two years
thereafter, shall establish an electronic waste
recycling payment schedule to cover an electronic waste
recycler's net cost to receive, process, and recycle an
electronic device from an authorized collector.
3. Provides that CIWMB shall make electronic recycling
recovery payments and electronic waste recycling
payments for the collection and recycling of covered
electronic waste to an authorized collector or covered
electronic waste recycler upon receipt of a completed
and verified invoice submitted to the recycler by the
authorized collector in the form and manner determined
by the CIWMB.
4. Requires electronic waste recyclers to certify to CWIMB
that the electronic waste recycler is in compliance with
specified requirements.
5. Prohibits state agencies from procuring hazardous
electronic devices unless the manufacturer demonstrates
compliance with the aforementioned provisions.
6. Provides that CIWMB shall not implement the bill's
provisions if a federal law is enacted that meets
similar standards to those provided under the bill, or
if a court enters a final judgement that holds that the
fee imposed on manufacturers under the bill is not
applicable to out-of-state manufacturers.
7. Makes findings and declarations relative to electronic
waste products, and defines specified terms used in the
bill.
Comments
According to the author's office, this measure is intended
to ensure that electronic waste (commonly referred to as
E-waste), are properly collected, recycled, refurbished, or
disposed. The author notes that, in recent months, E-waste
has become a significant environmental hazard and concern
to environmental groups, the press, and the general public.
Yet, state government has no program that addresses this
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segment of the waste stream. The purpose of this measure
is to establish a program to promote the efficient and
cost-effective collection and processing of E-waste to
ensure that they do not pose a threat to public health and
the environment.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to Assembly Appropriations Committee, the bill
will have moderate costs, perhaps $250,000 annually from FY
2004-05 through FY 2007-08, to the DTSC to adopt
regulations, moderate costs, perhaps $300,000 in FY 2003-04
and $2 million annually thereafter, to the CIWMB, and
potentially substantial revenue, perhaps tens of millions
of dollars annually, to the CIWMB to cover its costs of
administering the consumer electronics recovery process, to
cover the DTSC's related costs, and to provide financial
incentives and other subsidies to recyclers, local
governments, and manufacturers.
SUPPORT : (Verified 7/8/03 per Assembly Environmental
Safety and Toxic Materials Committee) (unable to reverify
at time of writing)
Californians Against Waste (source)
Alameda County Waste Management Authority
Alameda County Source Reduction and Recycling Board
As You Sow
California Democratic Party Environmental Caucus
California League of Conservation Voters
California Nurses Association
California Resource Recovery Association
California State Association of Counties
Center for Community Action and Environmental Justice
Central Contra Costa Solid Waste Authority
City of Alhambra
City of American Canyon
City of Arcadia
City of Arcata
City of Baldwin Park
City of Benicia
City of Capitola
City of Chico
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City of Costa Mesa
City of Cupertino
City of Daly City
City of Del Rey Oaks
City of Downey
City of Emeryville
City of Eureka
City of Fairfield
City of Fremont
City of Glendale
City of Indio
City of Lemon Grove
City of Lompoc
City of Manhattan Beach
City of Millbrae
City of Morgan Hill
City of Morro Bay
City of Pico Rivera
City of Poway
City of San Diego
City of San Jose
City of San Mateo
City of Sand City
City of Santa Ana
City of Santa Barbara
City of Santa Cruz
City of Scotts Valley
City of Shelton
City of Sonoma
City of Sunnyvale
City of Thousand Oaks
City of Westlake Village
City/County of San Francisco
City/County Association of Governments of San Mateo
Clean Water Action
Community Environmental Council
Congress of California Seniors
Consumer Attorneys
County of Alameda
County of Marin
County of Monterey
County of Napa
County of Sacramento
County of Santa Clara
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County of Santa Cruz
County of Trinity
Del Norte Solid Waste Management Authority
Ecology Center
Electronic Manufacturers Coalition for Responsible
Recycling (if amended) Environmental Entrepreneurs (E2)
Global Recycling Council
Governmental Advocates
HMR Los Angeles
HMR San Francisco
Humboldt WMA
League of California Cities
Marin County Hazardous and Solid WM JPA
MBA Polymers, Inc.
Mojave Desert and Mountain Recycling JPA
Monterey Regional Waste Management District
Natural Resources Defense Council
Northern California Recycling Association
OSS-Spectrum
Palo Verde Valley Disposal Service
Planning and Conservation League
Price Consulting
Salinas Valley Solid Waste Authority
San Luis Obispo County IWMA
Sisters of Mercy of the Americas
Sisters of Notre Dame de Namur
SoCal Computer Recyclers, Inc.
Solid Waste Association of North America
Sonoma County WMA
Town of Atherton
Tracy Material Recovery and Solid Waste Transfer, Inc.
Urban Corps of San Diego
VALCORE Recycling
Waste Management
West Contra Costa IWMA
Numerous individuals
OPPOSITION : (Verified 7/8/03 per Assembly Environmental
Safety and Toxic Materials Committee) (unable to reverify
at time of writing)
American Electronics Association
Appliance and Refrigeration Institute
Association of Home Appliance Manufacturers
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California Chamber of Commerce
California Manufacturers and Technology Association
Electronic Industries Alliance
Gas Appliance Manufacturers Association
National Electrical Manufacturers Association
Portable Rechargeable Battery Association
Whirpool Corporation
CP:sl 9/10/03 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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