BILL ANALYSIS
AB 147
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 147 (Saldana)
As Amended September 1, 2009
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |42-32|(June 3, 2009) |SENATE: |23-15|(September 3, |
| | | | | |2009) |
-----------------------------------------------------------------
Original Committee Reference: E.S. & T.M.
SUMMARY : Requires manufacturers and producers of electronic
devices to submit information showing that the electronic device
is not prohibited for sale should the Department of Toxic
Substances Control (DTSC), based on DTSC's reasonable cause to
believe that the device is prohibited from sale, request the
information.
The Senate amendments :
1)Define "reasonable cause" as knowledge of any of the
following:
a) Hazardous substance enforcement activities by another
state or country for the same or similar electronic device
that indicate that the electronic device may be prohibited
from sale;
b) Conflicting publicly available documentation regarding
hazardous substances for a specific electronic device that
indicates that the electronic device may be prohibited from
sale;
c) Homogenous material level testing of a specific
electronic device regarding hazardous substances, conducted
according to the International Electro technical
Commission's IEC 62321 or equivalent method that indicates
AB 147
Page 2
that one or more homogenous materials may result in the
electronic device being prohibited from sale;
d) Information from other companies or competitors, if it
is a documented allegation, based on homogenous materials
reports, for a specific electronic device, that indicate
that the electronic device may be prohibited from sale;
and,
e) Other comparable justification to question whether a
specific electronic device is prohibited from sale.
2)Require a manufacturer to submit information requested by DTSC
only if DTSC's request for information is based on reasonable
cause, as defined.
3)Specify that the information that a manufacturer is required
to submit is 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
(EU) on January 27, 2003 (RoSH Directive), showing that the
electronic device is not prohibited from sale.
4)Authorizes DTSC, upon request of the manufacturer, to extend
the 28-day response time to the request for information.
5)Specify that a manufacturer's failure to submit required
documentation is not grounds for prohibiting the sale of an
electronic device.
6)Delete provisions of the bill that:
AB 147
Page 3
a) Define electronic equipment and other terms for the
purposes of the section;
b) Require a producer of specified electronic equipment to
prepare and submit specified information about the
hazardous content and hazardous characteristics of the
device; and,
c) Prohibit DTSC from imposing any requirements or
conditions that are in addition to, or more stringent than,
the requirements of the bill.
AS PASSED BY THE ASSEMBLY , this bill required manufacturers and
producers of electronic devices to submit information to DTSC
about the hazardous characteristics of the device.
FISCAL EFFECT : According to the Senate Appropriations
Committee, up to $100,000 per year for DTSC to review technical
documentation (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
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 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,
AB 147
Page 4
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 laws required DTSC
to adopt regulations prohibiting a covered electronic device (a
video display device containing a screen greater than four
inches) from being sold in California if that device is
prohibited from being sold in the EU due to the presence of
lead, mercury, cadmium or hexavalent chromium above certain
maximum concentration values. 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 electronic devices sold in the state, based on
DTSC's reasonable cause to believe that that the device is
prohibited from sale.
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965
FN: 0003035