BILL ANALYSIS
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UNFINISHED BUSINESS
Bill No: SB 50
Author: Sher (D), et al
Amended: 8/26/04
Vote: 27 - Urgency
SENATE ENV. QUALITY COMMITTEE : 7-0, 1/12/04
AYES: Sher, Denham, Chesbro, Figueroa, Kuehl, McPherson,
Romero
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 37-0, 1/28/04 (Passed on Consent)
AYES: Aanestad, Ackerman, Alarcon, Alpert, Ashburn,
Battin, Bowen, Burton, Cedillo, Chesbro, Denham, Ducheny,
Dunn, Escutia, Figueroa, Florez, Hollingsworth, Johnson,
Karnette, Knight, Kuehl, Machado, McClintock, Morrow,
Murray, Oller, Ortiz, Perata, Poochigian, Romero, Scott,
Sher, Soto, Speier, Torlakson, Vasconcellos, Vincent
NO VOTE RECORDED: Brulte, Margett, McPherson
ASSEMBLY FLOOR : Not available
SUBJECT : Solid waste: hazardous electronic waste:
solid waste
disposal fees
SOURCE : Author
DIGEST : This bill makes a number of clarifying changes
to the Electronic Waste Recycling Act (Act) of 2003 [SB 20
(Sher), Chapter 526, Statutes of 2003].
CONTINUED
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Assembly amendments make substantial changes to the bill,
however, the intent remains the same.
ANALYSIS : This bill:
1. Requires the Department of Toxic Substances Control
(DTSC) to adopt regulations for determining whether an
electronic device, when discarded, is not a hazardous
waste.
2. Requires DTSC to adopt regulations to identify
electronic devices that DTSC determines are presumed to
be, when discarded, a hazardous waste.
3. Requires manufacturers of covered electronic devices, by
August 1, 2005, and April 1, annually thereafter to
report to retailers whether a device is a covered
electronic device for purposes of the Act.
4. Requires a covered electronic device identified in
regulations to be subject to the Act on and after
January 1, 2005.
5. Revises the definitions of "covered electronic waste,"
"person," "retailer," and "retail sale," and defines the
terms "discarded," "recycling," "refurbished," "vendor,"
and "video display device".
6. Revises the procedures for the review and adjustment of
the covered electronic waste recycling fee (fee).
7. Requires manufacturers to notify retailers when a
covered electronic waste is deemed non-hazardous and is
no longer subject to the fee.
8. Provides immunity from liability for retailers who did
not charge a fee on a covered electronic waste that they
were not made aware of being subject to the fee.
9. Beginning January 1, 2005, requires the State Board of
Equalization (BOE) to collect the fee under the Fee
Collection Procedures Law.
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10.Requires the fee to be due and payable to BOE quarterly
on or before the last day of the month following each
calendar quarter.
11.Prohibits, on and after January 1, 2005, the sale of a
new or refurbished covered electronic device for sale in
California unless the device is labeled with the name of
the manufacturer so that it is readily visible.
12.Allows funds in the Electronic Waste Recovery and
Recycling Account (Account) to be continuously
appropriated to reimburse BOE for its costs associated
with registration, collection, overpayment refunds, and
auditing retailers, to make electronic waste recovery
payments and electronic waste recycling payments, and to
provide funds to DTSC to implement and enforce the
hazardous waste control law, with regard to electronic
waste devices.
13.Establishes the Electronic Waste Penalty Subaccount in
the Account, to collect fines and penalties.
14.Provides the California Integrated Waste Management
Board (CIWMB) shall adopt regulations specifying
cancellation methods for recovery, processing or
recycling of covered electronic waste.
15.Provides that CIWMB may pay an electronic waste
recycling payment or electronic waste recovery payment
for covered electronic waste only if all of the
following conditions are met:
A. The covered electronic waste, including any
residuals from the processing of the waste, is
handled in compliance with all applicable statutes and
regulations.
B. The manufacturer or the authorized collector or
recycler of the electronic waste provide a cost free
and convenient opportunity to recycle electronic
waste.
C. If the covered electronic waste is processed, the
covered electronic waste is processed in this state
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according to the cancellation method authorized by the
CIWMB.
D. If the covered electronic waste is recycled, the
covered electronic waste is recycled within the state.
16.Clarifies the standards for exporting covered electronic
waste or covered electronic devices to another state or
foreign country.
17.Clarifies that landfills and transfer stations in
California must remit state tipping fee funds to the BOE
as directed by current law.
18.Clarifies that manufacturers that collect their own
covered electronic devices may recycle that waste
out-of-state and be eligible to receive, in lieu of a
recycling payment, the fees charged on those products.
19.Provides a loan of up to $5 million from the General
Fund and up to $25 million from any special fund
authorized by law, to the CIWMB to cover initial
start-up costs of the BOE and the CIWMB for the Act.
20.Mandates the loan be repaid on or before November 1,
2005.
21.Makes numerous technical and clarifying changes to the
Act.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
Unknown
Comments
According to information from CIWMB and DTSC Web sites:
"E-waste is a popular, informal name for electronic
products nearing the end of their 'useful life.'
Computers, televisions, 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
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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 National Safety Council estimates that more than 27
million televisions and 26 million computer monitors will
be sold in the United States this year alone, with a
projection that some 500 million personal computers will be
obsolete by 2007. Californians are expected to throw away
approximately 30 million old computers and television
monitors in the next few years.
The Act set up a system to encourage the recycling of
e-waste. Through a system of fees on e-waste being sold in
California and payments to e-waste collectors and recyclers
who provide free and convenient recycling opportunities to
consumers, we now have the basic structure of a recycling
program to work with.
SUPPORT : (Verified 8/26/04)
Electronic Manufacturers Coalition for Responsible
Recycling
CP:nl 8/27/04 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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