BILL ANALYSIS
AB 2901
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Byron D. Sher, Chairman
2003-2004 Regular Session
BILL NO: AB 2901
AUTHOR: Pavley
AMENDED: June 16, 2004
FISCAL: Yes HEARING DATE: June 28, 2004
URGENCY: No CONSULTANT: Bruce Jennings
SUBJECT : HAZARDOUS WASTE: CELLULAR PHONES:
RECYCLING
SUMMARY :
Existing law :
1) Requires the US Environmental Protection Agency to
establish standards and adopt regulations for the
management and disposal of hazardous materials and waste in
accordance with the federal Resource Conservation and
Recovery Act (RCRA).
2) Authorizes the Department of Toxic Substances Control to
regulate hazardous materials and wastes to ensure that the
state is delegated authority in accordance with RCRA (see
Health and Safety Code Section 25000, et seq.).
3) In accordance with the California Integrated Waste
Management Act (see Public Resources Code 40000, et seq.):
a) Requires local agencies to divert, through source
reduction, recycling, and composting, 50% of solid waste
disposed by their jurisdiction by the year 2000;
b) Establishes a statewide household hazardous substance
information and collection program within the California
Integrated Waste Management Board.
This bill :
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1) Establishes the Cell Phone Recycling Act of 2004 and makes
related findings and declarations.
2) Beginning July 1, 2006, requires every retailer of a cell
phone sold in California to have in place a system for
accepting, collecting, reusing, recycling, or properly
disposing of used cell phones. The system shall be
comprised of the following elements for each retail seller:
a) Taking-back used phones from consumers who have
purchased the phone from that retailer, at no cost to
the consumer, including an authority for retailers to
require proof of purchase;
b) Taking-back a used cell phone from a consumer who is
purchasing a new cell phone for that retailer;
c) Taking back a used cell phone from a retailer who
delivers a cell pone directly to a consumer in this
state by establishing a mechanism for the consumer to
return the used cell phone at the time of delivery;
d) Requiring a retailer to maintain information to
consumers about cell phone recycling opportunities, at
no cost to the consumer, by one or more of the
following:
i) Point-of-purchase signage or display;
ii) Written materials provided to the consumer at
the time of purchase or delivery;
iii) Reference to the cell phone recycling
opportunity in the retailer advertising or other
promotional materials, or both;
IV) Direct communications with the consumer at the time
of purchase.
3) Prohibits the sale of a cell phone to a consumer unless the
retailer complies with this chapter beginning July 1, 2006.
4) Requires the Department of Toxic Substances Control,
beginning July 1, 2007 and continuing each July 1
thereafter, to post on its Web site an estimate of the
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recycling rates for cell phones in California and related
information.
5) Requires a state agency purchasing or leasing cell phones
to certify that prospective bidders and their related
businesses have complied with this chapter or demonstrate
that this chapter is inapplicable.
a) Makes ineligible those prospective bidders and its
related businesses who have failed to provide said
certification.
b) Requires a prospective bidder to cooperate in
providing reasonable access to records and documents to
demonstrate compliance.
c) Voids the contract and makes ineligible for three
years any bidder who is found to be in violation of this
section.
d) Allows the Attorney General to order to disgorgement
of any unlawfully obtained money, property, or benefit
from a contractor found to violation this section.
6) Provides that the provisions are severable.
COMMENTS :
1) Purpose of Bill . According to the author's office, this
bill promotes a convenient and cost-free system for
consumers of cell phones to recycle their obsolete cell
phones.
2) Background . It is estimated that by 2005, of the 175
million cell phones in use, only 5% will be collected,
reused, or recycled. With the average life span of a cell
phone being about 18 months, it is estimated that 130
million cell phones will be discarded annually. In
California this translates to the discarding of roughly
16.3 million cell phones annually.
Cell phones contain a variety of toxins, including arsenic,
antimony, beryllium, cadmium, copper, lead, mercury,
nickel, and zinc. The typical batteries (lithium and
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nickel), contain heavy metals including cobalt, zinc, and
copper. Many of these toxins are persistent,
bioaccumulative toxins (PBTs) and have the potential to be
released into the air and groundwater when burned in
incinerators or disposed of in landfills.
3) What the Cell Phone Industry Is Doing Currently . According
to the Cellular Telecommunications and Internet Association
(CTIA), the trade association representing most major
manufacturers and retailers of cell phones, in November
2003, CTIA launched a voluntary program that promotes the
collection and recycling of obsolete cell phones. The CTIA
initiative includes public outreach and awareness, the
recycling of cell phones, and material recovery. Wireless
carriers and manufacturers participating in this initiative
include AT&T Wireless, Cingular, Motorola, Nextel, Nokia,
Panasonic, ReCellular, Sony Ericsson, Sprint, Verizon
Wireless, and the Wireless Foundation.
The public outreach and awareness component encourages
consumers to recycle used cell phones at retail sites and
provides information about where cell phones may be
recycled. The recycling of cell phones under the CTIA
program includes guidelines for member companies to ensure
that collected cell phones are properly managed,
refurbished and resold. The materials recovery component
includes guidelines to encourage refurbishers to conduct
their activities in a manner that is environmentally
responsible and compliant with applicable regulations,
including California's applicable hazardous and electronic
waste regulations.
Despite the efforts by CTIA, the preliminary information
suggests that only a small fraction, perhaps as little as
5%, of discarded cell phones are currently recycled or
reused.
4) Clarification Regarding the Regulation of Used Cell Phones .
In efforts to negotiate this measure, the author has
amended the bill to eliminate a provision relating to the
sale of a cell phone that is prohibited by the European
Union as a result of the presence of heavy metals. Despite
the elimination of this and other such provisions,
questions continue regarding this topic. The author, for
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example, has received several inquiries concerning the
degree to which this measure creates new obligations for
retailers regarding the management of used cell phones as
hazardous waste.
In an effort to further clarify the bill vis a vis issues
relating to the regulation of used cell phones as hazardous
waste, the author wishes to adopt the following amendment:
"Section 42499. Nothing in this chapter shall be construed to
affect the provisions of law set forth in Chapter 6.5
(commencing with Section25100) of Division 20 of the Health
and Safety Code or attendant regulations, or any party's
obligation therein, as they related to cell phones or used
cell phones."
5) Leased Spaces and Providing Information . Certain retailers
leasing spaces in their store to a cell phone service
provider are seeking to find a way to more easily
management the notifying of a customer about how to recycle
used phones. The author is awaiting specific language
regarding an additional approach to achieve this purpose of
the bill.
SOURCE : Californians Against Waste
SUPPORT : Alameda County Waste Management Authority,
California League of Conservation Voters,
California Refuse Removal Council, California
Resource Recovery Association, California State
Association of Counties, Cell Cycle, Central
Contra Costa Solid Waste Authority, Charitable
Recycling, Cities of Concord, Coronado,
Inglewood, Millbrae, Montebello, Norwalk,
Collectivegood Mobile Phone Recycling,
Community Environmental Council, Council of
California Goodwill Industries, County of Santa
Barbara Public Works Department, Del Mar
Fairgrounds, DigiCell International, East Bay
Municipal Utility District, Environment
California, Gold'n West Surplus, Inc., HMR
Group San Francisco, Inc., Hidden Resources,
Keep California Beautiful, League of California
Cities, League of Conservation Voters, Long
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Beach Energy, MBA Polymers, Inc., Natural
Resources Defense Council, Norcal Waste
Systems, Inc., Planning and Conservation
League, Sierra Club California, SOCAL Computer
Recyclers, Inc., Solid Waste Association of
North America, UC Davis R4 Recycling Program,
Urban Corps San Diego
OPPOSITION : American Electronics Association, California
Grocers Association, California Manufacturers
and Technology Association, California
Retailers Association, Cellular
Telecommunications & Internet Association,
Cingular Wireless, Electronic Industries
Alliance, Qualcomm, Rite Aid, San Diego Telecom
Council, Silicon Valley Manufacturing Group,
Sony Ericsson Mobile, Sprint