BILL ANALYSIS
AB 147
Page 1
Date of Hearing: April 21, 2009
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Wesley Chesbro, Chair
AB 147 (Saldana) - As Introduced: January 22, 2009
SUBJECT : Hazardous waste: electronic waste.
SUMMARY : Requires manufacturers and producers of electronic
devices to submit information about the hazardous
characteristics of the device to the Department of Toxic
Substances Control (DTSC). Specifically, this bill :
1)Regarding covered electronic devices (a video display device
with a screen larger than four inches in size):
a) Requires a manufacturer of a covered electronic device
to prepare, and at the request of DTSC to submit within 28
days, technical documentation or other information
demonstrating that the device is not prohibited from sale.
Requires the manufacturer to prepare and submit, if
requested, available information about the hazardous
characteristics of the device.
b) Requires DTSC to treat any information provided pursuant
to the requirements of this bill that is a trade secret and
that is identified by the manufacturer as a trade secret as
confidential. Requires information that is not a trade
secret to be made available to the public pursuant to the
California Public Records Act.
2)Regarding electronic equipment:
a) Defines electronic equipment as a consumer device that
works by use of or relates to electric currents or
electromagnetic fields but is not a non-portable,
fixed-installation device; a covered electronic device or a
light. Defines other terms for the purposes of the
section.
b) Requires a producer of electronic equipment to prepare,
and at the request of DTSC to submit within 28 days,
technical documentation or other information demonstrating
that the device is allowed in the European Union (EU) under
the RoHS Directive (European Directive on the "Restriction
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on the Use of Certain Hazardous Substances in Electrical
and Electronic Equipment.") Requires the producer to
prepare and submit, if requested, available information
about the hazardous substance content and hazardous
characteristics of the device.
c) Requires a producer of electronic equipment that is not
sold in the EU to submit to DTSC available information
relating to the hazardous substance content and hazardous
characteristics of the equipment.
d) Requires DTSC to treat any information provided pursuant
to the requirements of this bill that is a trade secret and
that is identified by the manufacturer as a trade secret as
confidential. Requires information that is not a trade
secret be made available to the public pursuant to the
California Public Records Act.
3)Prohibits DTSC from imposing any requirements or conditions
that are in addition to, or more stringent than, the
requirements of the bill.
EXISTING STATE LAW :
1)Under the Electronic Waste Recycling Act (Public Resources
Code 42463 et seq.) defines "covered electronic device" as a
video display device containing a screen greater than four
inches, measured diagonally.
2)Under the Electronic Waste Law (Health and Safety Code
25214.10 et seq.):
a) Requires DTSC to adopt regulations that prohibit an
electronic device, as defined in Section 42463 of the
Public Resources Code, from being sold if the electronic
device is prohibited from being sold in the EU under the
RoSH Directive due to the presence of certain heavy metals
in the device.
b) Prohibits DTSC, in adopting regulations, from requiring
the manufacture or sale of an electronic device that is
different than, or otherwise not prohibited by, the EU
under the RoSH Directive.
c) Prohibits DTSC from adopting any regulations that impose
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any requirements or conditions that are in addition to, or
more stringent than, the requirements and conditions
expressly authorized by the Electronic Waste Law.
FISCAL EFFECT : Possible costs to DTSC for management of the
submitted information.
COMMENTS :
Purpose : According to the author's office, "Current California
law prohibits hazardous materials from electronic devices with a
video screen of larger than 4", and just last year the
legislature enacted the Green Chemistry Initiative, which
requires the Department of Toxic Substances Control (DTSC) to
regulate chemicals of concern in consumer products so they can
be replaced with more benign alternatives. In order for DTSC to
effectively enforce the existing hazardous materials ban and
inform the Green Chemistry Initiative, it needs authority to
request documentation from electronics manufacturers detailing
the amount of hazardous materials contained in their products.
Manufacturers are currently providing this information upon
request in the European Union per its RoHS (Restriction of
Hazardous Substances) Directive. Without this authority, DTSC
is only able to resort to expensive product by product testing
to determine the hazardous materials content, if any, of a
consumer item sold in the state."
Electronic waste: The use of electronic products has grown
substantially over the past two decades. According to the
Consumer Electronics Association, American households own
approximately 24 electronic products each. Electronics contain
hazardous substances, such as lead, mercury, cadmium and
brominated flame retardants, many of which have been identified
by the state as causing cancer or reproductive toxicity, as
listed by the requirements of Proposition 65 (Safe Drinking
Water and Toxic Enforcement Act of 1986.) The Global Futures
Foundation reports that 70% of toxic heavy metals in landfills
come from discarded electronic products.
RoHS : The RoHS Directive, or the "Restriction on the Use of
Certain Hazardous Substances in Electrical and Electronic
Equipment," Directive 2002/95/EC, was adopted by the EU in
February 2003 and took effect on July 1, 2006. RoSH aims at
controlling the use of hazardous substances in the production of
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new electrical and electronic equipment and prohibits the sale
of those products that contain more than specified levels of
mercury, lead, hexavalent chromium, cadmium and a range of flame
retardants, such as polybrominated biphenyls and polybrominated
diphenyl ethers. Currently, RoSH requirements only apply to
products sold in the EU. As a result, other countries and
states, including California, are examining RoSH-type standards
consistent with the EU's requirements.
California and RoHS : The cornerstone of California's electronic
waste, or e-waste, laws were established by SB 20 (Sher, Chapter
526, Statutes of 2003) and SB 50 (Sher, Chapter 863, Statutes of
2004). Along with collection and fee requirements, the
California RoHS law required DTSC to adopt regulations
prohibiting a covered electronic device from being sold or
offered for sale in California if that device is prohibited from
being sold or offered for sale in the EU due to the presence of
lead, mercury, cadmium and hexavalent chromium above certain
maximum concentration values (MCVs). DTSC's regulations took
effect January 1, 2007, and only apply to covered electronic
devices (video display devices that have a screen 4 inches or
greater). Therefore, many electronic products are not regulated
under California's current RoSH laws.
Reporting on hazardous materials in e-waste : Over the past
several years, the California legislature has considered
numerous bills that would have expanded California's RoSH law to
prohibit the sale of more products and align the state's e-waste
standards with those in Europe. This bill is a more modest
approach; it instead requires manufacturers and producers to
report data on the hazardous characteristics of electronic
devices sold in the state. The reporting requirements in this
bill follow the structure of the reporting requirements for
lights under the California Lighting Efficiency and Toxics
Reduction Act (Health and Safety Code 25210.9 and Public
Resources Code 25402.5.4. et seq). These requirements are
crafted to assist the state in enforcing current regulations on
covered electronic devices; in better determining the universe
of hazardous materials contained in electronic devices as a
whole in the state; and in ascertaining the best approach to
reducing and eliminating toxics in those products in the future.
Technical amendment : The author may wish to consider amending
the bill to clarify that the sale prohibition referenced in the
new Health and Safety Code Section 25214.10.1.(f) (1) refers to
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the provisions of the Chapter, not the Section.
Recent related legislation:
1)AB 48 (Salda?a), 2007 . Would have prohibited the manufacture
or sale of electronic products that are prohibited from sale
in the EU pursuant to the RoHS Directive. Vetoed.
2)AB 218 (Saldana), 2007 . Would have expanded the prohibition
on the sale of all electronic devices in California to all
those that are prohibited from sale in the EU by the RoHS
Directive. Held on the Senate Appropriations Committee
suspense file.
3)AB 2202 (Saldana), 2006 . Would have prohibited the
manufacture or sale of electronic products that are prohibited
from sale in the EU pursuant to the RoHS Directive. Held on
the Senate Appropriations Committee suspense file.
4)AB 3001 (Pavley), 2006 . Would have added personal computers
to the term "covered electronic device" after July 1, 2007,
and would have placed a $6 advanced recycling fee on the
retail sale of such products. Held on the Assembly
Appropriations Committee suspense file.
Double referral : This bill is double-referred to the Assembly
Judiciary Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Californians Against Waste (Sponsor)
American Federation of State, County and Municipal Employees
(AFSCME)
Sierra Club California
Opposition
None on file.
Analysis Prepared by : Shannon McKinney / ES & TM / (916)
319-3965