BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 147|
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THIRD READING
Bill No: AB 147
Author: Saldana (D), et al
Amended: 9/1/09 in Senate
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 5-2, 7/6/09
AYES: Simitian, Corbett, Hancock, Lowenthal, Pavley
NOES: Runner, Ashburn
SENATE APPROPRIATIONS COMMITTEE : 8-4, 8/17/09
AYES: Kehoe, Corbett, Hancock, Leno, Oropeza, Price, Wolk,
Yee
NOES: Cox, Denham, Runner, Walters
NO VOTE RECORDED: Wyland
ASSEMBLY FLOOR : 42-32, 6/3/09 - See last page for vote
SUBJECT : Hazardous waste: electronic waste
SOURCE : Californians Against Waste
DIGEST : This bill requires manufacturers and producers
of electronic devices to submit information about the
hazardous characteristics of the device to the Department
of Toxic Substances Control.
Senate Floor Amendments of 9/1/09 add language that
establishes criteria for when the Department of Toxic
Substances Control may request information from an
electronic device manufacturer for the purposes of
CONTINUED
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determining compliance.
ANALYSIS : Existing law, pursuant to the Electronic Waste
Recycling Act (Section 42460 et seq. of the Public
Resources Code):
1. Defines "covered electronic device" as a video display
device containing a screen greater than four inches,
measured diagonally, as determined by the Department of
Toxic Substances Control (DTSC), except for video
display devices that are in a motor vehicle or contained
within specified large appliances or industrial,
commercial or medical equipment. (Section 42463(f) of
the Public Resources Code)
2. Prohibits a person from selling a new or refurbished
covered electronic device if the manufacturer is not in
compliance with the Act (Section 42465 of the Public
Resources Code).
3. Requires a manufacturer of a covered electronic device
to submit a report to the California Integrated Waste
Management Board (CIWMB) an annual report that includes:
A. An estimate of the number of covered electronic
devices sold by the manufacturer in the state during
the previous year.
B. A baseline or set of baselines that show the total
estimated amounts of mercury, cadmium, lead,
hexavalent chromium, and PBBs [polybrominated
biphenyls] used in covered electronic devices
manufactured by the manufacturer in that year and the
reduction in the use of those hazardous materials
from the previous year.
C. A baseline or set of baselines that show the total
estimated amount of recyclable materials contained in
covered electronic devices sold by the manufacturer
in that year and the increase in the use of those
recyclable materials from the previous year.
D. A baseline or a set of baselines that describe any
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efforts to design covered electronic devices for
recycling and goals and plans for further increasing
design for recycling.
E. Make information available to consumers, that
describes where and how to return, recycle, and
dispose of the covered electronic device and
opportunities and locations for the collection or
return of the device in a specified manner.
F. For the purposes of complying the Act, allows a
manufacturer to submit a report to the IWMB that
includes only those covered electronic devices that
include specified compounds listed in #3B above that
are exempt from the European Union's (EU) Directive
2002/95/EC (the Reduction of Hazardous Substances
Directive (RoHS Directive) if both of the following
conditions are met:
(1) The manufacturer submits written
verification to DTSC that demonstrates, to the
satisfaction of the department, that the
manufacturer is in compliance with the RoHS
Directive and any amendments to that directive,
for those covered electronic devices for which it
is not submitting a report to the CIWMB.
(2) DTSC certifies that the manufacturer is in
compliance with the RoHS Directive, and any
amendments to that directive, for those covered
electronic devices for which the manufacturer is
not submitting a report to the board pursuant to
this subdivision.
Existing law, pursuant to the Electronic Waste Law (Section
25214.9 et seq. of the Health and Safety Code):
1. 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
RoHS Directive due to the presence of certain heavy
metals in the device.
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2. 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 RoHS Directive.
3. Prohibits DTSC from adopting any regulations that impose
any requirements or conditions that are in addition to,
or more stringent than, the requirements and conditions
expressly authorized by the Electronic Waste Law.
(Section 25214.10 et seq. of the Health and Safety Code)
This bill:
1. Requires a manufacturer of a covered electronic device
to prepare, and at the request of DTSC, based on DTSC's
reasonable cause to believe that a specific device is
prohibited from sale, to submit within 28 days,
documentation or other information typically maintained
by the manufacturer's industry under Directive
2002/95/EC, adopted by the European Parliament and the
Council of the European Union on January 27, 2003,
demonstrating that the device is not prohibited from
sale.
2. Provides that DTSC may extend the 28-day response time
upon request of the manufacturer.
3. Specifies that the DTSC's request shall focus only on
the specific substance in a specific product part that
gives rise to reasonable cause to believe that the
specific electronic device is prohibited from sale.
4. Specifies that a manufacturer's failure to submit
documentation required under this bill is not grounds
for prohibiting the sale of an electronic device.
5. Requires DTSC to treat as confidential, any information
provided under this bill that is a trade secret and that
is identified by the manufacturer as a trade secret.
Requires information that is not a trade secret to be
available to the public pursuant to the California
Public Records Act.
NOTE: Please refer to the Senate Environmental Quality
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Committee analysis for background information.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11
2011-12 Fund
Review of technical up to $100 per
yearSpecial*
documentation
* Electronic Waste Recovery and Recycling Account
SUPPORT : (Verified 9/2/09)
Californians Against Waste (source)
American Federation of State, County and Municipal
Employees, AFL-CIO
Environmental Working Group
Sierra Club California
Silicon Valley Toxics Coalition
ARGUMENTS IN SUPPORT : According to the author's office,
in order for DTSC to effectively enforce the existing
hazardous materials ban and inform the Green Chemistry
Initiative, DTSC 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 EU per its "Restriction on the Use of
Certain Hazardous Substances in Electrical and Electronic
Equipment" Directive 2002/95/EC (RoHS). Without this
authority, DTSC must resort to expensive product-by-product
testing to determine the hazardous materials content, if
any, of a consumer electronic item sold in the state.
ASSEMBLY FLOOR :
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AYES: Ammiano, Arambula, Beall, Blumenfield, Brownley,
Caballero, Charles Calderon, Carter, Chesbro, Coto,
Davis, De La Torre, De Leon, Eng, Evans, Feuer, Fuentes,
Furutani, Hayashi, Hernandez, Hill, Huffman, Jones,
Krekorian, Lieu, Bonnie Lowenthal, Ma, Mendoza, Monning,
Nava, John A. Perez, Portantino, Price, Ruskin, Salas,
Saldana, Skinner, Swanson, Torlakson, Torres, Torrico,
Bass
NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
Blakeslee, Conway, Cook, DeVore, Duvall, Emmerson,
Fletcher, Fuller, Gaines, Galgiani, Garrick, Gilmore,
Hagman, Harkey, Huber, Jeffries, Knight, Logue, Miller,
Nestande, Niello, Nielsen, V. Manuel Perez, Silva, Smyth,
Audra Strickland, Tran, Villines
NO VOTE RECORDED: Block, Buchanan, Fong, Hall, Solorio,
Yamada
TSM:mw 9/2/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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