BILL ANALYSIS
AB 903
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: AB 903
AUTHOR: Chesbro
AMENDED: As Introduced
FISCAL: Yes HEARING DATE: June 22, 2009
URGENCY: No CONSULTANT: Caroll
Mortensen
SUBJECT : STATE AGENCY RECYCLING: ELECTRONIC WASTE
SUMMARY :
Existing law :
1) Pursuant to the Integrated Waste Management Act of 1989,
(Division 30 of the Public Resources Code), requires each
city or county source reduction and recycling element to
include an implementation schedule that shows a city or
county must divert 25% of solid waste from landfill
disposal or transformation by January 1, 1995, through
source reduction, recycling, and composting activities, and
must divert 50% of solid waste on and after January 1,
2000.
2) Pursuant to 42920 et seq. of the Public Resources Code
(PRC), requires state agencies to submit a plan to the
Integrated Waste Management Board (IWMB) that demonstrates
how they will reduce their disposal of solid waste by 50%
by 2004, and submit a plan annually regarding their
progress in implementing the plan.
3) Establishes the Electronic Waste Recycling Act, overseen by
the IWMB in partnership with the Department of Toxic
Substances Control (DTSC), to collect and recycle
electronic waste (PRC 42460 et seq. and Health and Safety
Code 25214.10 et seq.).
4) Prohibits, pursuant to California Code of Regulations,
Title 22, Division 4.5, Chapter 23, the disposal of some
common or "universal" wastes in solid waste landfills.
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Universal wastes include electronic wastes (e.g.,
televisions, computers, computer accessories), fluorescent
lighting tubes, small batteries, mercury thermometers as
they are hazardous wastes.
This bill requires state agencies to include information about
electronic waste in its annual report to the IWMB regarding
compliance with diversion mandates.
COMMENTS :
1) Purpose of Bill . According to the author, this bill
addresses shortcomings brought to the attention of the
Legislature in November 2008 by the State Auditor regarding
the way state agencies were handling their electronic
waste. It implements one of the recommendations concerning
the lack of reporting by state agencies.
2) Background .
a) Electronic Waste: According to the US Environmental
Protection Agency lead, mercury, cadmium and brominated
flame retardants are among the substances of concern in
e-waste. While these substances possess certain
performance characteristics, they can have substantial
negative impacts on the environment and public health if
the products are not properly managed at the end of
product's useful life. Thus, California prohibits the
disposal of most electronic wastes, as well as other
commonly generated but hazardous wastes, from disposal
in a solid waste landfill.
b) State Auditor's Report: In November 2008, the
California State Auditor (State Auditor) released a
report entitled, Electronic Waste: Some State Agencies
Have Discarded Their Electronic Waste Improperly, While
State and Local Oversight is Limited (Report Number
2008-112). Through its audit of five state agencies, the
State Auditor found that, contrary to state regulation
prohibiting the practice, all five agencies discarded
electronic devices by throwing the devices in the trash.
Together the five agencies, the Department of Motor
Vehicles, the Employment Development Department, the
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California Highway Patrol, the Department of
Transportation, and the Department of Justice,
improperly discarded nearly 400 electronic devices.
Because e-waste can contain toxic metals such as lead
and mercury, the State Auditor asserts that these state
agencies may have contributed to environmental
contamination that can pose a threat to public health
and safety. To facilitate proper e-waste disposal by
state agencies, the State Auditor recommends that, "If
the Legislature believes that state agencies should
track more accurately the amounts of e-waste they
generate, recycle, and dispose of, it should impose such
a requirement." This bill implements the State
Auditor's recommendation.
c) Universal Waste: Universal wastes are hazardous
wastes generated by a variety of entities, including the
general public that can not be discarded in the trash.
These wastes include, but are not limited to, electronic
devices, batteries, fluorescent tubes, and mercury
containing devices. These wastes, if handled in
accordance to certain specific procedures, can be
managed in a more streamlined way than hazardous waste.
State agencies are large generators of such wastes and
are prohibited from disposing of them in the trash.
These items, if improperly managed can cause threats to
public health and safety and the environment. Future
consideration should be given to the issue of
identifying how state agencies are doing in managing
these wastes as well.
3) Suggested Amendments . For clarity this bill should be
amended to:
a) Include a definition of "electronic waste" so state
agencies are clear what types of devices are to be
included in the report, but in addition, serve as a
reminder of what types of electronic wastes can not be
disposed in a solid waste landfill.
b) Recast the reporting requirements so that the
information on electronic wastes are included separately
from disposal information (These wastes can not be
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legally disposed of and should all be diverted from
disposal).
SOURCE : Assemblymember Chesbro
SUPPORT : Californians Against Waste
Silicon Valley Toxics Coalition
OPPOSITION : None on file