BILL ANALYSIS Ó
AB 549
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Date of Hearing: April 4, 2011
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 549 (Carter) - As Introduced: February 16, 2011
SUBJECT : Recycling: electronic waste
SUMMARY : Codifies regulations that (1) clarify what type of
covered electronic waste (CEW) is eligible for payment under the
Electronic Waste Recycling Act (Act) and (2) authorize the
Department of Resources Recycling and Recovery (CalRecycle) to
review payment claims and, if appropriate, refuse payment for
non-compliance with the Act.
EXISTING LAW :
1)Establishes the Act with the purpose of providing a cost free
and convenient means for consumers to return, recycle, and
ensure the safe and environmentally-sound disposal of covered
electronic devices (CED). CED is a video display device
containing a screen greater than four inches, measured
diagonally. CED that is discarded is considered CEW.
2)Requires a consumer to pay a CEW recycling fee upon the
purchase of a new or refurbished CED at the time of the retail
sale. The CEW recycling fee ranges from $6 to $10 for each
CED depending on the screen size and is used primarily to pay
CEW collectors and recyclers.
3)Provides payment to CEW collectors and recyclers for costs
associated with collecting and recycling CEW that has been
generated in the state. Regulations expressly prohibit a CEW
collector or recycler from requesting payments for
non-California CEW. CEW owned by a person in California but
used entirely outside of the state is not eligible for
payment.
4)Requires, pursuant to regulations, CalRecycle to review
payment claims made by CEW collectors and recyclers and
determine if a payment is due under the Act. If CalRecycle
has cause to investigate any aspect of a claim, the review may
be extended until resolution of all issues under
investigation. CalRecycle may deny or adjust payment for,
among other things, the payment claim being deficient with
AB 549
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regard to CEW source documentation.
THIS BILL :
1)Authorizes CalRecycle to pay a CEW recovery or recycling
payment only if, among other conditions, the CED for which the
payment is claimed was used in the state.
2)Authorizes CalRecycle to review required documentation
submitted by a CEW collector or recycler before making a
payment under the Act. CalRecycle may refuse to make a
payment to a CEW collector or recycler if required
documentation is incomplete or otherwise not in compliance
with the Act.
FISCAL EFFECT : Unknown
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COMMENTS :
1)CED Used in the State. Existing statute creates some
ambiguity as to what type of CEW can receive payment under the
Act. Sections 42476 and 42478 of the Public Resources Code
only references CEW "generated in the state" without providing
further clarification.
Section 18660.6 of Title 14 of the California Code of
Regulations refers to CEW more specifically by stating that
only CEW "resulting from a California source" is eligible for
recovery and recycling payments. "CEWs owned by a person in
California, but used entirely outside of California are not
eligible for payment."
The bill will essentially codify Section 18660.6 of Title 14
of the California Code of Regulations by authorizing
CalRecycle to make payments only for CED used in the state.
Codification of this regulation will prevent any legal
challenge claiming that the regulation conflicts with statute.
2)Review for Compliance. Section 18660.30 of Title 14 of the
California Code of Regulations authorizes CalRecycle to review
a recycling payment claim and determine if a payment is due
under the Act. CalRecycle is authorized to deny or adjust a
payment for an incomplete or deficient claim. The bill will
codify this regulation to strengthen its legal authority and
avoid legal challenges that attack its validity.
REGISTERED SUPPORT / OPPOSITION :
Support
Californians Against Waste
Opposition
None on file
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092
AB 549
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