BILL ANALYSIS
AB 1280
Page 1
Date of Hearing: April 28, 2009
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Wesley Chesbro, Chair
AB 1280 (Adams) - As Introduced: February 27, 2009
SUBJECT: Electronic waste recycling.
SUMMARY : Exempts, from the requirements of the Electronics
Waste Recycling Act, a video display device that is contained
within a freezer, induction cooktop or range, beverage maker, or
food steamer.
EXISTING LAW:
Pursuant to the Electronics Waste Recycling Act (E-waste Act):
1)Defines "covered electronic device" (CED) as a video display
device containing a screen greater than four inches, measured
diagonally, and identified in regulations adopted by DTSC.
2)Excludes from this definition a video display device that is a
part of a motor vehicle; a device in a piece of industrial,
commercial, or medical equipment; a device in a clothes
washer, clothes dryer, refrigerator, refrigerator and freezer,
microwave oven, conventional oven or range, dishwasher, room
air-conditioner, dehumidifier, or air purifier.
3)Requires a consumer purchasing a CED to pay a covered
electronic waste recycling fee (e-waste fee).
4)Authorizes retailers or vendors to retain 3 percent of the
e-waste fee as reimbursement for costs associated with the
collection of the fee and requires retailers to transmit the
remainder of the fee to the state.
5)Requires e-waste fees to be deposited into the Electronic
Waste Recovery and Recycling Account, which is continually
appropriated to the California Integrated Waste Management
Board (CIWMB) and the Department of Toxic Substances Control
(DTSC).
6)Requires the IWMB , in collaboration with DTSC, to make
electronic waste recovery payments to cover the net cost of
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authorized collectors to operate a "free and convenient"
system for collecting, consolidating, and transporting CEDs,
and to make electronic waste recycling payments to cover
electronic waste recyclers' average net cost of receiving,
processing, and recycling CEDs.
FISCAL EFFECT : Unknown.
COMMENTS :
Purpose : According to STS Ventures, LLC, the sponsors of the
bill, "The list of codified appliances needs to be updated to
reflect changes in technology and the development of new
appliances which are consistent with those appliances already
exempted. Due to advances in new technology, it is now possible
to include touch-screen features on relatively inexpensive
products such as food steamers and hot beverage makers. While
this would provide the obvious benefit of replacing manual
switches and dials, it could also provide additional safety
enhancements such as the option for a child-lockout feature.
However, while pricing for video screen technology continues to
drop to within easily affordable levels for consumer products,
adding an additional E-waste fee of $12 - $20 onto a $25 food
steamer quickly makes that feature cost prohibitive when
compared to products not containing video screens."
E-waste fees and CED take-back programs : An e-waste fee is
assessed on certain "covered electronic devices" sold in
California. "Covered" means covered by the law, and includes
most video display products such as computer monitors and
televisions. The fee is based upon the viewable size of the
video display, measured diagonally, and is assessed at the time
of retail sale, including Internet and catalog sales, to
California consumers. The current fee amount, as of 1/1/2009,
is a follows:
1) Greater than 4 inches but less than 15 inches-- $8.
2) Greater than or equal to 15 inches but less than 35
inches, $16.
3) Greater than or equal to 35 inches, $25.
Collected fees are deposited in the Electronic Waste Recovery
and Recycling Account and are used to provide payments to
authorized collectors and recyclers, fostering the development
of recycling opportunities and offsetting the cost of properly
managing CEDs at the end of their useful lives. Due to
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hazardous components, it is unlawful to dispose of most covered
electronic devices with regular municipal waste.
Devices in kitchen electrics not "covered electronic devices: "
The E-waste Act defines "covered electronic devices" as a video
display device identified in regulations adopted by DTSC. As
part of its implementation of the E- Waste Act, DTSC tested
electronic devices to determine which would be hazardous waste
when discarded; only video display devices that DTSC determines
"are presumed to be, when discarded, a hazardous waste" are
potentially covered by the Act.
Effective February 4, 2009, under the California Code of
Regulations (Title 22, Division 4.5, Chapter 10, Section
66260.202), DTSC delineated only the following electronic
devices as CEDs pursuant to the E-Waste Act, if they have a
viewable screen size greater than four inches: CRT-containing
devices; CRTs; CRT-containing computer monitors; LCD-containing
laptop computers; LCD-containing desktop monitors;
CRT-containing televisions; LCD-containing televisions
(excluding LCD projection televisions); Plasma televisions
(excluding plasma projection televisions); and Portable DVD
players with LCDs. CRT means cathode ray tube and LCD means
liquid crystal display.
It does not appear that any of the products that are proposed to
be exempted from the definition of a "covered electronic device"
in this bill are currently defined as such in regulation.
Additionally, it does not appear that such products exist at
this time (i.e. a freezer, induction cooktop or range, beverage
maker, or food steamer with a video display device larger than 4
inches). However, should one of the products be created, it
would not be subject to the e-waste fee.
Legislative vs. regulatory determinations : SB 50 (Chapter 863,
Statutes of 2004) expanded the list of products exempted from
the definition of a CED to include common household appliances
(i.e. a video display device that is contained within a clothes
washer, clothes dryer, refrigerator, refrigerator and freezer,
microwave oven, conventional oven or range, dishwasher, room air
conditioner, dehumidifier, or air purifier.) Rather than
continually adding products to be exempted from the definition
of CED in statute, the Legislature may wish to require DTSC to
determine, though their regulatory process, which products are
considered a CED.
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Opposition : Opponents to AB 1280, Californians Against Waste,
maintain that, "It appears that most, if not all, of the devices
proposed for exemption [in this bill] are hazardous and banned
from landfill, with or without the imbedded video device. These
devices contain a variety of toxic substances, which may include
lead, mercury and cadmium. Some devices may also contain
hazardous refrigerants and lubricants that must be properly
removed. When these devices are disposed into landfills, these
toxins can be released into the environment, posing a threat to
both health and the environment? California's successful
e-waste recycling program provides a funding mechanism to ensure
that consumers have a free and convenient mechanism for
recycling covered devices that they are prohibited from
disposing when their useful life has ended? While the
market-based collection and recycling infrastructure developed
as a result of the state's e-waste program currently targets
primarily televisions, computer monitors and laptop computer
devices, there remains a tremendous need for a system that
provides consumers with an equally safe, free and convenient
mechanism for the collection and recycling of obsolete,
hazardous, appliances."
REGISTERED SUPPORT / OPPOSITION :
Support
STS Venture, LLC (sponsor)
California Retailers Association
Opposition
Californians Against Waste
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965