BILL ANALYSIS
SB 1052
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: SB 1052
AUTHOR: Oropeza
AMENDED: As Introduced
FISCAL: Yes HEARING DATE: April 5, 2010
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
Department of Resources Recycling and Recovery (DRRR) that
demonstrates how they will reduce their disposal of solid
waste by 50% and submit annually a plan regarding their
progress.
3) Establishes the Electronic Waste Recycling Act, overseen by
the DRRR 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:
1)Requires DTSC, DRRR, and Department of General Services
(DGS) to identify proper handling methods for electronic
waste and assist state agencies with proper management.
2)Requires state agencies to adopt an electronic waste
management plan and submit that plan to DTSC on or before
January 1, 2012, and annually there after.
3)Authorizes DTSC to require a state agency to revise the plan
and states that DTSC may take enforcement action against the
state agency if electronic waste is not properly managed.
COMMENTS :
1) Purpose of Bill . According to the author, this bill would
increase state efficiency, save money and better protect
the environment by designating a single agency to oversee
disposal of electronic waste by state agencies. This bill
also 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.
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.
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b) 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. DTSC and
local enforcement agencies oversee the management of
universal waste.
c) 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
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."
d) Response to the Audit Report: Some improvements have
been made since the release of the audit report in 2008.
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For example, DGS has included in its State
Administrative Manual information on the correct
management of electronic waste. (The SAM is a reference
source for statewide policies, procedures, regulations
and information developed and issued by authoring
agencies in order to provide a uniform approach to
statewide management policy). DGS has also developed a
statewide master services agreement for use by State
(and local) agencies that allows them to select from
multiple recyclers to manage their electronic waste
properly. They also have added many informational
pieces and links on their website on the proper
management of waste electronics, including a link to the
environmentally preferable purchasing guidelines for
state agencies required as part of the Electronic Waste
Recycling Act (#3 under "Existing Law"). This guidance
includes recommendations on the proper management of
waste electronics.
e) What's left to do? As with most new mandates, such
as those surrounding the management of electronic waste,
education and outreach are the often best tools for
compliance. Anecdotally, it seems that the improper
disposal by state agencies has decreased likely because
of the publicity of the audit and the follow up by DGS,
DRRR and DTSC making information more readily available
but it is difficult to quantify. Universal waste,
including electronic waste, is prohibited from disposal
and must be managed and tracked consistent with existing
regulations, the amount generated and managed by state
agencies is still unknown. Thus reporting on generation
and final disposition is a data gap that the audit
report recommended be closed. This bill addresses that
issue.
3) Related Legislation. AB 903 (Chesbro) required state
agencies to report on the management of electronic waste.
That bill was passed by the Committee on June 22, 2009, and
the bill was later amended to deal with a different subject
area.
4) Suggested Amendments . To address the issue of state agency
reporting recommended in the 2008 audit report SB 1052
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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 to be included in
the existing state agency recycling mandate reports to
save costs.
SOURCE : Senator Oropeza
SUPPORT : Californians Against Waste, Sierra Club
California
OPPOSITION : None on file