BILL ANALYSIS �
AB 1022
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Jerry Hill, Chair
2013-2014 Regular Session
BILL NO: AB 1022
AUTHOR: Eggman
AMENDED: April 23, 2013
FISCAL: Yes HEARING DATE: June 26, 2013
URGENCY: No CONSULTANT: Joanne Roy
SUBJECT : ELECTRONIC WASTE: CRT GLASS MARKET DEVELOPMENT
PAYMENTS
SUMMARY :
Existing law , pursuant to the Hazardous Electronic Waste
Recycling Act of 2003 (Act) (Public Resources Code �42460 et
seq. and Health and Safety Code �25214.9 et seq.):
a) Requires a consumer to pay a Covered Electronic Waste
(CEW) recycling fee upon the purchase of a new or
refurbished covered electronic device (CED) and
specifies the amount of the CEW recycling fee ranging
from $6 to $10 for each CED depending on the screen
size. (PRC �42464).
b) Requires all fees collected pursuant to the Act to be
deposited in the Electronic Waste Recovery and Recycling
Account, and authorizes those moneys to be appropriated
for the following purposes:
i) Pay refunds of the CEW recycling fee.
ii) Make electronic waste recovery payments to an
authorized collector of CEW.
iii) Make electronic waste recycling payments to
CEW recyclers.
iv) Make specified payments to manufacturers who
take back CEW from consumers for the purpose of
recycling the item. (PRC �42476).
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c) Defines "covered electronic device" as a video
display device containing a screen larger than four
inches measured diagonally. (PRC �42463). CEDs that
are discarded are considered covered electronic waste
(CEW).
This bill :
1) Requires CalRecycle, in consultation with the Department of
Toxic Substances Control (DTSC), to make cathode ray tube
(CRT) glass market development payments to a CRT glass
processor, a CRT glass manufacturer, or an electronic waste
recycler who processes for use CRT glass to manufacture a
product in California.
2) Requires a CRT glass manufacturer or processor, or
electronic waste recycler applying for a CRT glass market
development payment to submit a payment claim to
CalRecycle, as specified.
3) Authorizes CalRecycle to make a CRT glass market
development payment to a CRT glass manufacturer or process,
or electronic waste recycler if CalRecycle determines that
the payment recipient is in compliance with all applicable
laws and that the recipient will process or use the CRT
glass to manufacture a product in California.
4) Defines "CRT glass" as glass released or derived from the
treatment or breakage of a cathode ray tube that is from or
part of a covered electronic device.
5) Defines "CRT glass manufacturer" as a person who produces
or manufactures a product containing recycled CRT glass in
the state.
6) Defines "CRT glass processor" as a person who processes CRT
glass in a manner that separates the hazardous components
from the glass in a manner that allows the nonhazardous
glass to be recycled.
7) Sunsets the requirement to make such payments on January 1,
2023.
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COMMENTS :
1) Purpose of Bill . According to the author, "California's
8-year old electronic waste recycling program was
established for the purpose of keeping leaded glass CRTs
out of the waste stream. The program is collecting and
diverting roughly 70 - 75% of covered e-waste from
disposal. CRTs have been the display technology for
computer monitors and televisions for decades.
Traditionally, CRT glass from TVs and monitors has been
sent to glass lead smelters or glass-to-glass recycling to
be used for the production of more CRTs. However, since
demand for CRT devices has dropped, so has the end use
market for CRT glass and many e-waste recyclers are now
stockpiling the CRT glass at unsafe and unsustainable
levels. While DTSC has adopted emergency regulations in
response to this growing problem, the approach is
inadequate to address the problem. AB 1022 is structured
to reduce the stockpile of CRT glass, while also
stimulating economic activity and job growth within
California. According to DTSC, in 2010, more than 17
million pounds of CRT glass were being accumulated by
collection facilities. Fortunately, technology exists for
processing CRT glass to remove lead and recycle the
lead-free glass. To date, manufacturers and recyclers
employing the technology have not located such equipment
within California."
2) Background on the Electronic Waste Recycling Act .
California adopted the Electronic Waste Recycling Act of
2003, which established the nation's first electronic waste
recovery and recycling program for computer monitors,
laptop computers, televisions, and similar video display
devices. The act established a funding mechanism to
improve and provide for the proper end-of-life management
of certain hazardous electronic products. The program is
funded through a fee paid by consumers of covered
electronic devices at the time of retail purchase.
CEW collectors are those individuals who collect, consolidate,
and transport CEW generated in California. Collectors
deliver the waste to CEW recyclers who receive, process,
and recycle CEW. Both CEW collectors and recyclers must
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submit payment claims to CalRecycle for compensation.
CalRecycle reviews the claims for compliance with the act
and, if appropriate, makes payments to approved collectors
and recyclers that are intended to offset the net cost of
appropriate waste recovery, processing, and recycling
activities.
3) Demonstrate compliance to whom ? AB 1022 requires a CRT
glass processor, manufacturer, or electronic waste recycler
to demonstrate to CalRecycle that it is in compliance with
all applicable laws. CalRecycle has jurisdiction over the
financial component of the proposed CRT market development
payment program, but DTSC is the regulatory agency that has
jurisdiction over all of the hazardous waste issues. An
amendment is needed to require that the CRT glass
processor, manufacturer, or electronic waste recycler must
demonstrate to DTSC that it is in compliance with
applicable laws.
4) Sunset . AB 1022 sunsets the CRT market development payment
program on January 1, 2023. As noted by the author, there
are no prospective recipients of these payments so far. It
would be prudent to shorten the sunset so that the
Legislature may determine at an earlier date whether this
program should be extended but also giving the program a
fair amount of time and opportunity to succeed. An
amendment is needed to change the sunset date from January
1, 2023 to January 1, 2020.
SOURCE : Californians Against Waste
SUPPORT : Glass Packaging Institute
OPPOSITION : None on file