BILL ANALYSIS
AB 2611
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Date of Hearing: April 13, 2010
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Pedro Nava, Chair
AB 2611 (Ma) - As Amended: April 8, 2010
SUBJECT : Electronic waste (e-waste)
SUMMARY: Changes the size limitation on electronic products
subject to e-waste fees.
Specifically, this bill changes the definition of a "covered
electronic device" (CED) from a product with the screen size of
4 inches, measured diagonally, to a screen size of 9 square
inches or more.
EXISTING LAW:
1)Pursuant to the Electronics Waste Recycling Act (E-waste Act):
a) Defines a CED as a video display device containing a
screen greater than four inches, measured diagonally, and
identified in regulations adopted by Department of Toxic
Substance Control (DTSC). Currently, CEDs include:
i) Cathode ray tubes (CRT) and CRT-containing devices
(including CRT televisions and computer monitors),
ii) Liquid Crystal Display (LCD)-containing televisions
and monitors,
iii) Laptop computers containing LCD screens,
iv) Gas plasma display televisions; and
v) Personal DVD players.
b) Excludes from this definition a video display device
that is a part of a motor vehicle; a device in a piece of
industrial, commercial, or medical equipment; a device in a
clothes washer, clothes dryer, refrigerator, refrigerator
and freezer, microwave oven, conventional oven or range,
dishwasher, room air-conditioner, dehumidifier, or air
purifier.
c) Requires a consumer purchasing a CED to pay the e-waste
fee.
d) Requires e-waste fees to be deposited into the
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Electronic Waste Recovery and Recycling Account, which is
continually appropriated to the Department of Resources
Recycling and Recovery (CalRecycle) and DTSC.
2)Pursuant to the California Cell Phone Recycling Act of 2004,
(AB 2901 Pavely), requires retailers to accept all cellular
phones from consumers for recycling. It is unlawful for a
retailer to sell a cellular phone to a consumer in California
unless the retailer provides collection of used cellular
phones for reuse, recycling or proper disposal. Public
Resources Code 42494).
FISCAL EFFECT : Unknown
COMMENTS :
1)Need for the bill . According to the author, "the current 4
inch diagonal is prejudicial to products that have longer
diagonal measurements but less overall screen size then
products with a diagonal screen size less than 4 inches.
Furthermore, the 4 inch diagonal limit is hampering the
development of products with screens greater than 4 inches
that would be otherwise better products with larger screens.
(Example: touch screen cell phones.) The cell phone
industry's move to touch screen cell phones has resulted in
products that are difficult for the visually impaired to take
full advantage of the product due to the small screen sizes
available. "
2)E-waste: The Electronic Waste Recycling Act of 2003 [SB 20
(Sher, 2003), amended by SB 50 (Sher, 2004), and amended by AB
575 (Wolk, 2005)], established a comprehensive program to
finance the end-of-life management of certain (covered)
electronic devices. The program is financed through an
electronic waste recycling fee paid by consumers at the point
of retail sale of new covered devices. These revenues are
used to administer the programs established by the E-waste
Act, including the disbursement of recovery and recycling
payments to approved collectors and recyclers of covered
electronic waste (CEW). The fee, ranging from $8 to $25
depending on screen size, is collected at the time of retail
sale.
3) Cell phone recycling: It is estimated by the DTSC
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that 14.5 million cell phones were sold in California in
2008. Most cell phones contain toxic metals (such as
lead and cadmium) that may create environmental harm when
disposed of. These devices must be handled as a
hazardous waste and not thrown away in the municipal
landfill.
To encourage the recycling of cell phones, the Legislature
passed the California Cell Phone Recycling Act of 2004, which
requires retailers to accept all cellular phones from
consumers for recycling.
4)Effect of the bill?: Cell phones are not currently subject to
e-waste fees, but they are subject to the California Cell
Phone Recycling Act of 2004. This bill would impact only
small video displays, or televisions. The change in size
calculation would result in a new requirement for measuring
CED that would have a nearly indistinguishable difference
between 4 inch diagonal measurement and 9 sq. inches screen
size.
5)Double Referral to Natural Resources Committee: Should this
measure be approved by this committee, the do pass motion must
include the action to re-refer the bill to the Assembly
Committee on Natural Resources.
REGISTERED SUPPORT / OPPOSITION :
Support
None received
Opposition
Californians Against Waste
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965