BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       AB 1419|
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                                    THIRD READING 


          Bill No:  AB 1419
          Author:   Eggman (D) 
          Amended:  6/23/16 in Senate
          Vote:     21 

           SENATE ENVIRONMENTAL QUALITY COMMITTEE:  7-0, 6/29/16
           AYES:  Wieckowski, Gaines, Bates, Hill, Jackson, Leno, Pavley

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 8/1/16
           AYES:  Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

           ASSEMBLY FLOOR:  74-0, 5/22/15 (Consent) - See last page for vote

           SUBJECT:   Hazardous waste:  cathode ray tube glass


          SOURCE:    Californians Against Waste
          
          DIGEST:   This bill provides that certain cathode ray tube (CRT)  
          panel glass is not subject to Department of Toxic Substances  
          Control (DTSC) regulation as hazardous waste if it meets certain  
          requirements.  This bill also permits the use of that CRT panel  
          glass for specified end uses, and allows DTSC to designate  
          additional end uses or to prohibit a previously designated end use  
          if it poses potential environmental or public health harm.


          ANALYSIS:  


          Existing law:  


          1)Prohibits the disposal of hazardous waste in a solid waste  
            landfill and specifies requirements for the proper handling,  








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            transportation, treatment and disposal of hazardous waste,  
            except as exempted or otherwise classified by regulation.


          2)Requires DTSC to regulate and enforce federal and state  
            hazardous waste laws.


          3)Requires the Department of Resources, Recovery and Recycling  
            (CalRecycle) to regulate and enforce California laws relating to  
            solid waste including disposal, recycling and composting. 


          4)Establishes the Electronic Waste Recycling Act of 2003 (EWRA) to  
            provide a cost-free and convenient means for consumers to  
            return, recycle, and ensure the safe and environmentally sound  
            disposal of covered electronic devices (CEDs).  CEDs that are  
            discarded are considered covered electronic waste (CEW).  As  
            defined by EWRA, a CED is a video display device containing a  
            screen greater than four inches, measured diagonally including:


             a)   CRT containing devices (CRT devices).
             b)   CRTs.
             c)   Computer monitors containing cathode ray tubes.
             d)   Laptop computers with liquid crystal display (LCD).
             e)   LCD containing desktop monitors.
             f)   Televisions containing cathode ray tubes.
             g)   Televisions containing LCD screens.
             h)   Plasma televisions.
             i)   Portable DVD players with LCD screens.


          5)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 $3 to $5, depending on the screen  
            size, and is used primarily to pay CEW collectors and recyclers.


          6)Provides for payments to CEW collectors and recyclers for costs  
            associated with collecting and recycling CEW that has been  
            generated in the state.  








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          7)Requires DTSC and CalRecycle to jointly establish and implement  
            an electronics waste (e-waste) recycling program pursuant to  
            EWRA.


          This bill:  


          1)Provides that used, broken CRT panel glass and processed CRT  
            panel glass that exceeds the total threshold limit concentration  
            (TTLC) only for barium is not a waste and is not subject to  
            regulation by DTSC as a hazardous waste if that panel glass  
            meets certain requirements. 


          2)Permits the use of that CRT panel glass that exceeds the TTLC  
            only for barium for specified end uses.


          3)Authorizes DTSC to designate additional end uses or to prohibit  
            a previously designated end use if it poses potential  
            environmental or public health harm.


          Background



          1)E-waste.  The term "e-waste" is loosely applied to consumer and  
            business electronic equipment that is near or at the end of its  
            useful life.  There is no clear definition for e-waste; for  
            instance whether or not items like microwave ovens and other  
            similar "appliances" should be grouped into the category has not  
            been established.  Certain components of some electronic  
            products contain materials that render them hazardous, depending  
            on their condition and density. For instance, California law  
            currently views nonfunctioning CRTs from televisions and  
            monitors as hazardous.










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          2)EWRA.  In 2001, DTSC determined that CRT screens are hazardous,  
            and as such, must be managed as hazardous waste when disposed.   
            In response to this determination, the Legislature enacted SB 20  
            (Sher, Chapter 526, Statutes of 2003) and amended by SB 50  
            (Sher, Chapter 863, Statutes of 2004), establishing EWRA to  
            create a cost-free and convenient way for consumers to return,  
            recycle, and ensure the safe and environmentally sound disposal  
            of hazardous video display devices.  EWRA imposes a fee on every  
            consumer at the point of sale.  The Board of Equalization  
            deposits the fee revenue into the Electronic Waste and Recovery  
            and Recycling Account, which may be spent solely for activities  
            that relate to reuse, recycling, and proper disposal. 


            Today, over a dozen years later, new CRT devices are no longer  
            being consumed in any appreciable amount in the developed world.  
            In fact, it is unclear where and in what quantity new CRTs are  
            being fabricated for assembly into video devices. Processed CRT  
            glass from the West is being shipped to India at a cost ranging  
            from $100 and $200 per ton. Reportedly only three large metal  
            smelters in North America will accept leaded CRT glass, though  
            their capacity and demand for CRT glass is limited.  
            Long-promised new lead extraction technologies for high-lead  
            content funnel glass are still being developed, with questions  
            remaining about throughput and longevity. 


            A viable alternative large-scale application for low-leaded  
            residual panel glass (which contains barium oxide for optical  
            properties and radiation shielding) that conforms to  
            California's hazardous waste management rules has not been  
            identified. 


            For the past several years, California's CEW recycling program  
            has generated approximately 100 million pounds of residual CRT  
            glass annually, though volumes appear to be beginning to  
            decline.  A key component of the CEW recycling program has been  
            a requirement that the derived residual CRTs and/or CRT glass be  
            "shipped" to a destination authorized to further treat that  
            material, under the assumption (and universal waste management  
            requirement) that the material would eventually reach an  








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            appropriate recycling application. With the use of intermediate  
            facilities and foreign destinations, it is becoming increasingly  
            difficult to ensure when, where, and whether residual CRT glass  
            has achieved an appropriate disposition.


            Universal waste management rules applicable to residual CRT  
            glass handling and treatment have generally recognized new CRT  
            manufacturing and lead smelting as the only appropriate ultimate  
            recycling dispositions for CRT glass. 


            However, neither of these end-uses currently occurs within the  
            state of California. Early program participants generally  
            shipped glass to North American smelters or to glass processors  
            for beneficiation prior to its subsequent marketing to overseas  
            CRT manufacturers. As more volume of CEW was recovered and  
            processed, a larger proportion of derived CRT glass was  
            ostensibly sent toward the so-called "glass-to-glass" market  
            (e.g., CRT manufacturing), either directly or through  
            processors. This practice was influenced by accessibility and  
            price, even as the global production and sale of CRT devices  
            rapidly declined. 


            By mid-2009, approximately 75% of residual CRTs and/or CRT glass  
            was being shipped to Mexican processors. However, in the fourth  
            quarter of 2009, access to Mexican CRT glass processors was  
            interrupted for nearly a year. Because CEW recyclers are  
            required to ship CRT glass to a destination "authorized to  
            receive and further treat" the glass prior to filing CEW  
            recycling claims, this interruption caused the volume of claimed  
            CEW to decrease dramatically while recyclers searched for  
            alternative outlets for CRT glass. A couple of recyclers pursued  
            establishing their own in-state CRT processing capabilities,  
            while other enterprises started or offered capacities  
            out-of-state.


            The requirement to "ship" CRT glass has been interpreted by  
            CalRecycle as meaning that the glass be moved off-site from the  
            facility where the CEW was cancelled and the treatment residual  








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            generated. This interpretation has been supportive of universal  
            waste accumulation time limits by discouraging onsite storage.  
            As ready access to ultimate disposition options became more  
            uncertain, and as the price charged by out-of-state processors  
            increased, more recyclers pursued interest in establishing their  
            own in-state, off-site processing capabilities (or at least  
            authorizations) to fulfill treatment residual shipping criteria.  
            While this would allow CEW recycling payment claims to be  
            submitted with regularity, it did not create new end markets for  
            CRT glass. 


            Current markets for residual CRTs and CRT glass are limited.   
            Access to traditional lead smelting is reportedly difficult,  
            with only one facility in the U.S. (Doe Run, Missouri).


          3)Future CRT Management.  CRT glass can be loosely categorized  
            into leaded glass and non-leaded glass. Sometimes this is  
            referred to as "funnel glass" and "panel glass" respectively,  
            but such classification can be misleading since the panel glass  
            of some CRTs also contains lead.  And even so-called non-leaded  
            glass contains other toxic metals, such as barium, at levels  
            that create environmental and regulatory concern, particularly  
            under current California hazardous waste law.  The ability to  
            effectively identify, separate, characterize, process, and test  
            residual CRT glass will be critical to future management  
            options.


            New lead extraction technologies reportedly are emerging that  
            may be more efficient than traditional smelting. Facilities in  
            AZ, OH, TX, NY, and VA utilizing these new technologies are in  
            differing stages of development but not in production-scale  
            operation.  Alternative applications also have been reported for  
            non-leaded CRT glass, such as in building materials, tile,  
            insulation, aggregate, proppant, industrial abrasives,  
            reflective coatings, and fill.  


            However CalRecycle is not aware of any alternative  
            production-scale applications in the United States that have  








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            been demonstrated to and evaluated by DTSC and found to  
            constitute an ultimate disposition that would warrant inclusion  
            in the list of uses allowed under universal waste rules. Nor is  
            CalRecycle aware of any proposed use for non-leaded CRT glass  
            that has secured formal concurrence from DTSC as an excluded  
            recyclable material.



          4)Barium Oxide.  Barium is a silvery white metal that is used in  
            CRTs to provide radiation protection in the neck and funnel. 


            Barium oxide is an irritant.  If it contacts the skin or the  
            eyes or is inhaled it causes pain and redness. However, it is  
            more dangerous when ingested. It can cause nausea and diarrhea,  
            muscle paralysis, cardiac arrhythmia, and can cause death. If  
            ingested, medical attention should be sought immediately.   
            Barium oxide should not be released environmentally; it is  
            harmful to aquatic organisms.  In California barium oxide is a  
            hazardous waste because of its toxic characteristics.


          Comments


          1) Purpose of Bill.  According to the author, new LCD and LED  
             technology for televisions and monitor screens has taken over  
             and demand for old-fashioned CRT devices has dropped  
             dramatically.  The end-use market for CRT glass generated from  
             recycling scrap CRT's has dried up and recyclers across the  
             nation are struggling with what to do with the glass. Many have  
             even resorted to stockpiling this material in hopes of finding  
             new outlets in the future.


             The author states that in response to this impending crisis,  
             DTSC adopted Emergency Regulations that allowed this material  
             to be recycled or disposed of under certain conditions in 2012.  
             However, this regulatory scheme has proven difficult for  
             recyclers to implement, and hasn't created sufficient viable  
             pathways for this material.  








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             The process of recycling scrap CRT monitors and televisions  
             produces three different types of glass:  funnel glass, which  
             contains high levels of lead, and low and non-leaded panel  
             glass which contains very low concentrations of lead, or no  
             lead at all.  The current regulations limit the options for  
             recycling leaded funnel glass to smelting, glass to glass  
             recycling for the production of new CRTs (currently only done  
             by one company in India), or landfill disposal.  Although  
             non-leaded panel glass should be available for many other uses,  
             the regulatory pathway for using these end markets has not been  
             clearly developed.


             The authors argues, complicating the issue even further is that  
             the world's last CRT manufacturer, which recycled as much as  
             57% of the funnel and panel glass generated in the country,  
             announced that it would discontinue CRT production in the  
             coming months, eliminating one of the last outlets for this  
             material.


          2) CalRecycle.  CalRecycle published a paper in May, 2015,  
             entitled, "Electronic Waste Recycling Stakeholder Workshop"  
             stating "As the CEW recycling system moves forward,  
             consideration must be given to the availability of viable CRT  
             glass markets and alternatives, the anticipated lifespan of  
             those markets and the available supply of feedstock, and the  
             environmental impacts associated with moving the glass to those  
             markets versus other management options. Furthermore, while  
             markets in far-off geographic areas may exist today, the  
             economic ripples resulting from use of those markets should be  
             a factor in any policy assessment.  Does the fact that  
             California recyclers pay to send CRT glass to certain  
             downstream recipients artificially subsidize the continued  
             consumption of hazardous inputs, prolonging the use of that  
             material in products that will ultimately be disposed  
             elsewhere, while potentially and simultaneously suppressing the  
             development of local recycling infrastructure in certain  
             destination countries? 









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             "The fact that the ultimate disposition of essentially all  
             residual CRT glass currently occurs beyond California's  
             borders, and in a timeframe that makes the effective monitoring  
             of that disposition problematic, suggests policies that ensure  
             more certain fates closer to home should be considered."


          Prior Legislation


          SB 20 (Sher, Chapter 526, Statutes of 2003) enacts the Electronic  
          Waste Recycling Act of 2003 to provide for the convenient  
          recycling of CEDs in California: requiring every retailer or  
          manufacturer that sells covered devices collect a fee on each  
          which was to be used for the regulation and proper handling and  
          recycling or disposal of covered devices.


          SB 50 (Sher, Chapter 863, Statutes of 2004) makes clarifying  
          changes to SB 20.




          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          According to the Senate Appropriations Committee, this bill will  
          cost approximately $85,000 (Electronic Waste Recovery and  
          Recycling Account) for two years for DTSC to develop regulations  
          and has minor, if any, costs to CalRecycle.


          SUPPORT:  (Verified8/3/16)


          Californians Against Waste (source)
          All eWaste, Inc.
          Association of California Recycling Industries
          Cali Resources, Inc.








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          California Association of Local Conservation Corps
          California Electronic Asset Recovery
          California League of Conservation Voters
          Ecology Action
          ECS Refining
          Electronic Recyclers International, Inc.
          Environmental Working Group
          Fireclay Tile
          Institute of Scrap Recycling Industries, West Coast Chapter
          Kleen Blast Abrasives 
          Marin County Hazardous and Solid Waste Management Joint Powers  
                         Authority
          Napa Recycling and Waste Services
          Northern California Recycling Association
          Rural Counties Representatives of California
          Sonoma County AB 939 Local Task Force
          Sonoma County Waste Management Agency
          StopWaste
          Technologies Displays Americas, LLC.
          Tycoon Materials, Inc. DBA Happy Recyclers


          OPPOSITION:   (Verified8/3/16)


          None received


          ASSEMBLY FLOOR:  74-0, 5/22/15
          AYES:  Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonilla,  
            Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau,  
            Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,  
            Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,  
            Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,  
            Grove, Hadley, Harper, Roger Hernández, Holden, Irwin,  
            Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, Patterson, Perea, Quirk, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark  
            Stone, Thurmond, Ting, Wagner, Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Alejo, Jones, O'Donnell, Olsen, Waldron, Weber









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          Prepared by:Rachel Machi Wagoner / E.Q. / (916) 651-4108
          8/3/16 19:20:44


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