BILL NUMBER: SB 1052	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Oropeza

                        FEBRUARY 16, 2010

   An act to add Section 42920.5 to the Public Resources Code,
relating to electronic waste.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1052, as introduced, Oropeza. Electronic waste: state agencies.

   (1) Existing law requires each state agency, as defined, to
develop and adopt, in consultation with the Department of Resources
Recycling and Recovery, an integrated waste management plan, to
provide for the diversion at least 50% of the solid waste generated
by the state agency from landfill disposal or transformation.
Existing law requires the Department of Toxic Substances Control to
adopt regulations that identify electronic devices that are presumed
to be, when discarded, a hazardous waste subject to the hazardous
waste control laws.
   This bill would require the Department of Toxic Substances
Control, the Department of Resources Recycling and Recovery, and the
Department of General Services to jointly collaborate to identify the
methods that state agencies are required to adopt to properly handle
and dispose of electronic waste, as defined, and would require each
state agency to adopt an electronic waste management plan. The bill
would require the plan to be submitted to the Department of Toxic
Substances Control, by January 1, 2012, for review and approval, and
would require each state agency to submit an annual report to the
Department of Toxic Substances Control regarding the implementation
of the plan.
   The bill would authorize the Department of Toxic Substances
Control to require the plan to be revised and to take enforcement
action pursuant to the hazardous waste control laws, if a state
agency manages or disposes of electronic waste in violation of the
hazardous waste control law.
   Since existing law defines state agency, for purposes of waste
management, as including community college districts, the bill would
impose a state-mandated local program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 42920.5 is added to the Public Resources Code,
to read:
   42920.5.  (a) For purposes of this section "electronic waste"
means a covered electronic device, as defined in subdivision (f) of
Section 42463.
   (b) The Department of Toxic Substances Control, the Department of
Resources Recycling and Recovery, and the Department of General
Services shall jointly collaborate to identify the methods that state
agencies shall adopt to properly handle, recycle, and dispose of
electronic waste and to assist state agencies in implementing this
section.
   (c) In addition to the integrated waste management plan adopted
pursuant to Section 42920, each state agency shall adopt an
electronic waste management plan, in accordance with the methods
identified pursuant to subdivision (b), to accurately track the
amount of electronic waste that is generated, handled, recycled, and
disposed of by the state agency.
   (d) The electronic waste management plan adopted pursuant to
subdivision (c) shall be submitted to the Department of Toxic
Substances Control, on or before January 1, 2012, for review and
approval.
   (e) On or before January 1, 2013, and annually thereafter, each
state agency shall submit a report to the Department of Toxic
Substances Control regarding the implementation of the electronic
waste management plan adopted pursuant to this section.
   (f) The Department of Toxic Substances Control may require the
electronic waste management plan adopted pursuant to subdivision (c)
to be revised, based on the information in the annual report
submitted pursuant to subdivision (e), and may take enforcement
action pursuant to Chapter 6.5 (commencing with Section 25100) of the
Health and Safety Code, if a state agency manages or disposes of
electronic waste in violation of that chapter.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.