BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de Le�n, Chair


          AB 1022 (Eggman) - Electronic waste: CRT glass market  
          development payments.
          
          Amended: August 12, 2013        Policy Vote: EQ 8-1
          Urgency: No                     Mandate: No
          Hearing Date: August 30, 2013                     Consultant:  
          Marie Liu     
          
          SUSPENSE FILE.
          
          
          Bill Summary: AB 1022 would authorize CalRecycle to make up to  
          $10 million in market development payments for the processing of  
          cathode ray tube (CRT) glass or manufacturing of a new product  
          with recycled CRT glass until January 1, 2020.

          Fiscal Impact: 
              Up to $10 million annually until January 1, 2020 from the  
              Electronic Waste Recovery and Recycling Account (account)  
              within the Integrated Waste Management Fund (special) for  
              CRT market development payments.
              Ongoing costs of up to $250,000 from the account for the  
              administration of CRT market development payments and  
              necessary regulations.

          Background: The Electronic Waste Recycling Act of 2003  
          established an 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 (aka covered  
          electronic waste (CEW)). The Department of Resources Recycling  
          and Recovery (CalRecycle) administers the program. The program  
          is funded through a consumer fee paid on covered electronic  
          devices at the time of retail purchase based on screen size. The  
          fees are deposited in the account and may be used to pay refunds  
          of the CEW recycling fee, make electronic waste recovery  
          collection payments, make electronic waste recycling payments,  
          and make specified payments who take back CEW from consumers for  
          the purpose of recycling.

          Collection payments are made to an authorized collector for  








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          operating a free and convenient system for collecting,  
          consolidating, and transporting covered electronic wastes  
          generated in California (PRC �42477). Recycling payments are  
          made to a recycler who receives, processes, and recycled each  
          major category, as determined by CalRecycle, CEW received from a  
          collector (PRC �42478).

          Proposed Law: This bill would allow up to $10 million of the  
          account to be used to make market development payments for CRT  
          glass. CalRecycle, in consultation with the Department of Toxic  
          Substances Control would be required to make a market  
          development payment to a CRT glass processor, a CRT glass  
          manufacture, or an electronic waste recycler who processes the  
          glass and utilizes it in a new product. 

          The bill establishes requirements for payments including that  
          the CRT glass is eligible for an electronic waste recovery  
          payment, the glass is processed within the state, and all  
          hazardous materials must be removed from the glass.

          Staff Comments: As a new program, this bill would result in  
          one-time costs for regulation development and on-going costs to  
          process CRT glass market development payments for a total of  
          approximately $250,000 annually. However, the ongoing  
          administrative costs are uncertain as they are dependent on  
          participation in the program. The author notes that there are no  
          prospective recipients of the CRT glass market development. 

          The CRT glass market development payment may only be made on CRT  
          glass that is eligible for an electronic waste recovery payment.  
          So multiple payments from the account may be made on a single  
          piece of CRT glass: a collection payment, a recycling payment, a  
          CRT processing payment, and a CRT manufacturing payment. This  
          bill requires that the processing payment be for processing that  
          is beyond that the requirements of Section 42476 by removing any  
          hazardous materials. This requirement
          Intends to distinguish the CRT processing payment from the  
          recycling payment. However, Section 42476 does not actually  
          specify the requirements of the recycling payment but rather  
          allows CalRecycle to set those requirements. Staff recommends  
          that the author consider clarifying the distinction between the  
          CRT processing payment and the recycling payment.

          The balance of the account is heavily influenced by CRT  








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          recycling and collection rates, payment rates, as well as the  
          point-of-sale fees collected. At current rates, the  
          point-of-sale fees are sufficient to provide enough revenue for  
          all allowable uses of the account. Additionally the account has  
          a substantial, though decreasing, reserve. Redirecting up to $10  
          million of the account to CRT glass manufacturing may be done  
          without consequences initially, but as conditions change, the  
          redirection may cause pressures to either raise the  
          point-of-sale fee or to lower payment rates for collection and  
          recycling. CalRecycle has the regulatory authority to set the  
          point-of-sale fee as well as payment rates.

          Recommended Amendments: Staff recommends clarification  
          amendments regarding the requirements for the processing and the  
          manufacturing payment, including clarifying whether a  
          manufacturing payment can only be made on CRT glass that was  
          processed within the state.