BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1280
                                                                  Page 1


          ASSEMBLY THIRD READING
          AB 1280 (Adams and Ma)
          As Amended  May 6, 2009
          Majority vote 

           NATURAL RESOURCES   9-0         ENVIRONMENTAL SAFETY    7-0     
           
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          |Ayes:|Skinner, Gilmore,         |Ayes:|Chesbro, Miller, Davis,   |
          |     |Brownley, Chesbro, De     |     |Feuer, Monning, Ruskin,   |
          |     |Leon, Hill, Huffman,      |     |Smyth                     |
          |     |Knight, Logue             |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           APPROPRIATIONS      15-0                                        
           
           ----------------------------------------------------------------- 
          |Ayes:|De Leon, Nielsen,         |     |                          |
          |     |Ammiano,                  |     |                          |
          |     |Charles Calderon, Davis,  |     |                          |
          |     |Duvall, Fuentes, Hall,    |     |                          |
          |     |Harkey, John A. Perez,    |     |                          |
          |     |Price, Skinner, Solorio,  |     |                          |
          |     |Audra Strickland,         |     |                          |
          |     |Torlakson                 |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
          |     |                          |     |                          |
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           SUMMARY  :  Exempts from the definition of a covered electronic  
          device (CED) a video display device that is contained within a  
          clothes washer, clothes dryer, refrigerator, freezer,  
          refrigerator and freezer, microwave oven, conventional oven or  
          range, induction cooktop or range, beverage maker, food steamer,  
          dishwasher, room air-conditioner, dehumidifier, or air purifier  
          only if the Department of Toxic Substances Control (DTSC) has  
          not adopted regulations that identify the electronic device to  
          be hazardous waste.

           EXISTING LAW  , pursuant to Electronic Waste Recycling Act of 2003  
          (Act): 

          1)Requires a retailer selling a CED in California to collect a  








                                                                  AB 1280
                                                                  Page 2


            recycling fee from the consumer.  Fees are 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) to make electronic waste recovery  
            payments to cover the net cost of an authorized collector in  
            operating a "free and convenient" system for collecting,  
            consolidating, and transporting CEDs, and to make electronic  
            waste recycling payments to cover an electronic waste  
            recycler's average net cost of receiving, processing, and  
            recycling CEDs.  

          2)Defines "covered electronic device" as a video display device  
            containing a screen greater than four inches, measured  
            diagonally, and identified in regulations adopted by DTSC.   
            Excludes from this definition a video display device in a  
            piece of industrial, commercial, or medical equipment and a  
            video display device in a clothes washer, dryer, refrigerator,  
            refrigerator and freezer, microwave oven, conventional oven or  
            range, dishwasher, room air-conditioner, dehumidifier, or air  
            purifier.  

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, this bill has negligible state costs. 

           COMMENTS  :  The Act exempts from the definition of a CED common  
          household appliances that are likely to contain video display  
          devices, including a refrigerator and a refrigerator and freezer  
          combination.  However, the Act did not include a stand alone  
          freezer or newer technology, including touch-screen features on  
          appliances such as induction cooktops and food steamers.  This  
          bill grants DTSC the authority to regulate appliances that it  
          deems hazardous and eliminates specific statutory exemptions for  
          appliances.   

           
          Analysis Prepared by  :  Elizabeth MacMillan / NAT. RES. / (916)  
          319-2092 

                                                                FN: 0000905