BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2611
                                                                  Page  1

          Date of Hearing:  April 19, 2010

                       ASSEMBLY COMMITTEE ON NATURAL RESOURCES
                                Wesley Chesbro, Chair
                      AB 2611 (Ma) - As Amended:  April 8, 2010
           
          SUBJECT  :  Recycling:  electronic waste.

           SUMMARY  :  Increases the screen size for electronic devices  
          currently included in the Electronic Waste Recycling Act (Act)  
          from 4-inches diagonal (or 8 square inches) to 9 square inches  
          (or a minimum of 4.25 inches diagonally).  

           EXISTING LAW  : 

          1)Pursuant to the Act: 

               a)     Defines a covered electronic device (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; and, 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, which is deposited into the Electronic Waste Recovery  
               and Recycling Account (Account), which is continually  
               appropriated to the Department of Resources Recycling and  
               Recovery (DRRR) and DTSC.

          2)Pursuant to the California Cell Phone Recycling Act of 2004,  








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            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. 

          3)Pursuant to the Pythagorean Theorem, the sum of the areas of  
            the two squares on the legs (a and b) equals the area of the  
            square on the hypotenuse (c), or a2+b2=c2.  In other words, a  
            4-inch diagonal square is equivalent to 8 square inches; 9  
            square inches is equivalent to a 4.25-inch diagonal square.  

           FISCAL EFFECT  :  Unknown; however, this bill may result in  
          decreased revenues to the Account to the extent that it exempts  
          products currently included in the Act.  

           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 Act established a comprehensive program to  
            finance the end-of-life management of CEDs.  The program is  
            financed through an electronic waste recycling fee paid by  
            consumers for covered devices.  These revenues are used to  
            administer the programs established by the Act, including the  
            disbursement of recovery and recycling payments to approved  
            collectors and recyclers of covered electronic waste.  The  
            fee, ranging from $8 to $25 depending on screen size, is  
            collected at the time of retail sale. 

           3)Effect of the bill?  :  Although the author's statement  
            references cell phones, they are not subject to the Act or  
            related e-waste fees.  They are subject to the California Cell  
            Phone Recycling Act of 2004.  This bill would impact only  








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            small video displays or televisions subject to the E-Waste  
            Act.  The change in size calculation would result in a new  
            requirement for measuring CED that would increase the screen  
            size by one square inch, or one-quarter of one inch measured  
            diagonally. 

           4)Suggested amendment  :  This bill does not establish the  
            author's stated intent to establish a standard equivalent to  
            the current standard of 4-inches measured diagonally.   The  
            committee may wish to amend the bill to specify that the  
            standard is 4-inches diagonally or 8 square inches.    

          Moreover, the findings and declarations in this bill incorrectly  
            state that cell phones and personal digital assistance devices  
            (PDAs) are subject to the Act, and that the Act hinders the  
            ability of the visually impaired to use these devices.   The  
            committee may also wish to amend the findings and declarations  
            to clarify that this bill relates to CEDs subject to the Act  ,  
            as the bill has no effect on cell phones.  

          5)  Double Referral:   This bill was heard by the Assembly  
            Environmental Safety and Toxic Materials Committee on April 13  
            and passed out with a vote of 6-0.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           Technology for the Visually Impaired, LLC
           
          Opposition 
           Californians Against Waste 
           
          Analysis Prepared by  :  Elizabeth MacMillan / NAT. RES. / (916)  
          319-2092