BILL ANALYSIS
AB 147
Page 1
ASSEMBLY THIRD READING
AB 147 (Saldana)
As Amended June 1, 2009
Majority vote
ENVIRONMENTAL SAFETY 5-2 JUDICIARY
7-3
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|Ayes:|Chesbro, Davis, Feuer, |Ayes:|Feuer, Brownley, Evans, |
| |Monning, Ruskin | |Jones, Krekorian, Lieu, |
| | | |Monning |
|-----+--------------------------+-----+---------------------------|
|Nays:|Miller, Smyth |Nays:|Tran, Knight, Nielsen |
| | | | |
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APPROPRIATIONS 12-5
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|Ayes:|De Leon, Ammiano, Charles Calderon, | | |
| |Davis, Fuentes, Hall, John A. | | |
| |Perez, Price, Skinner, Solorio, | | |
| |Torlakson, Krekorian | | |
| | | | |
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|Nays:|Nielsen, Duvall, Harkey, Miller, | | |
| |Audra Strickland | | |
| | | | |
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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)Requires a manufacturer of a covered electronic device (a
video display device with a screen larger than four inches in
size) to prepare and submit information demonstrating that the
device is not prohibited from sale and other available
information about the hazardous characteristics of the device.
2)Defines electronic equipment as a consumer device that works
by use of or relates to electric currents or electromagnetic
fields. Exempts from the definition a non-portable,
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fixed-installation device; a covered electronic device; a
light; and a medical device as defined in Section 4023 of the
Business and Professions Code. Defines other terms for the
purposes of the section.
3)Requires a producer of electronic equipment to prepare and
submit information demonstrating that the device is allowed in
the European Union (EU) under the RoHS Directive (European
Directive on the "Restriction 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 content and hazardous
characteristics of the device.
4)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.
5)Requires DTSC to treat any information provided pursuant to
the requirements of this bill that is 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.
6)Prohibits DTSC from imposing any requirements or conditions
that are in addition to, or more stringent than, the
requirements of the bill.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, costs to DTSC of $100,000 in 2009-10 and 2010-11 to
develop a contract for translating technical information into
English. Many covered electronic devices are being developed in
countries where the primary language is not English (Electronic
Waste Recovery and Recycling Account).
COMMENTS : According to the author's office, "Current California
law prohibits hazardous materials from electronic devices with a
video screen larger than 4", and just last year the legislature
enacted the Green Chemistry Initiative, which requires DTSC to
regulate chemicals of concern in consumer products... 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
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manufacturers detailing the amount of hazardous materials
contained in their products?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."
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 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'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 e-waste law required DTSC to adopt
regulations prohibiting a covered electronic device from being
sold in California if that device is prohibited from being sold
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. Therefore, many
electronic products are not regulated under California's current
laws.
Over the past several years, the California legislature has
considered numerous bills that would have expanded California's
e-waste laws to align the state's e-waste standards with those
in Europe. This bill requires manufacturers and producers to
report data on the hazardous characteristics of electronic
devices sold in the state.
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
AB 147
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319-3965
FN: 0001317