BILL ANALYSIS �
AB 549
Page 1
Date of Hearing: April 26, 2011
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Bob Wieckowski, Chair
AB 549 (Carter) - As Introduced: February 16, 2011
SUBJECT : Electronic Waste Recycling.
SUMMARY : Modifies the Electronic Waste Recycling Act (E-Waste
Act) fraud prevention and audit functions within the Department
of Resources Recycling and Recovery (DRRR). Specifically, this
bill :
1)Authorizes DRRR to pay a covered electronic waste (CEW)
recovery or recycling payment only if, among other conditions,
the covered electronic devices (CED) for which the payment is
claimed was used in the State.
2)Authorizes DRRR to review required documentation submitted by
a CEW collector or recycler before making a payments.
Authorizes DRRR to refuse to make a payment to a CEW collector
or recycler if the required documentation is incomplete or
otherwise not in compliance with the E-Waste Act.
EXISTING LAW :
1)Establishes the E-Waste Act with the purpose of providing a
cost free and convenient means for consumers to return,
recycle, and ensure the safe and environmentally-sound
disposal of CED. A CED is a video display device containing a
screen greater than four inches, measured diagonally. CEDs
that are discarded are considered CEW.
2)Requires a consumer to pay a CEW recycling fee upon the
purchase of a new or refurbished CED at the time of the retail
sale. The CEW recycling fee ranges from $6 to $10 for each
CED depending on the screen size and is used primarily to pay
CEW collectors and recyclers.
3)Provides payment to CEW collectors and recyclers for costs
associated with collecting and recycling CEW that has been
generated in the state. Regulations expressly prohibit a CEW
collector or recycler from requesting payments for
non-California CEW. CEW owned by a person in California but
used entirely outside of the state is not eligible for
AB 549
Page 2
payment.
4)Requires, pursuant to regulations, DRRR to review payment
claims made by CEW collectors and recyclers and determine if a
payment is due under the
E-Waste Act. If DRRR has cause to investigate any aspect of a
claim, the review may be extended until resolution of all
issues under investigation. DRRR may deny or adjust payment
for, among other things, the payment claim being deficient
with regard to CEW source documentation.
FISCAL EFFECT : Not known.
COMMENTS :
Need for the bill : According to the author, "Currently the
Electronic Waste Recycling Act of 2003 does not explicitly state
that CalRecycle has any authority, let alone authority to review
documentation or deny payment for non-compliance.
AB 549 seeks to clarify CalRecycle's authority by overtly
stating that authority, as well as their right to review the
required documentation before payment is released and the right
to deny payment should non-compliance be detected.
Furthermore, the Act does not clearly state that sources of
covered electronic waste must be from California. AB 549
clarifies the issue by specifically stating that covered
electronic waste must be from California."
Oversight Hearing: On February 28, 2011, the Assembly
Environmental Safety and Toxic Materials Committee and the
Natural Resources Committees held a joint oversight hearing on
the State regulation and management of electronic waste
materials (E-waste). The hearing reviewed the current E-waste
program operated by the State which provides incentives for the
collection and recycling of E-waste including the toxic
components of modern electronics. One of the issues raised by
the hearing testimony was the need to insure that fraudulent
claims were identified quickly and identified the need for
stronger enforcement of existing data reporting requirements.
Current related legislation:
AB 549
Page 3
AB 583 (Knight): Solid waste: hazardous electronic waste.
Transfers responsibility and personnel from the State Department
of Toxics Substance Control (DTSC) to the Department of Resource
recycling and recovery (DRRR) for investigation and enforcement
of the California Electronic Waste Recycling Act. Pending in
the Environmental Safety and Toxic Materials Committee.
AB 794 (Wieckowski): Solid waste: hazardous electronic waste.
Provides additional processes for the review of claims prior to
making payments for covered electronic devises. Pending in the
Assembly Judiciary Committee.
AB 960 (Bonnie Lowenthal): Recycling: electronic waste export.
Revises the requirements imposed on exportation to additionally
include a person who exports electronic waste or a previously
used electronic device and would also include, in the provision,
an export intended for reuse. Repeals the existing exemption
for exportation of component parts that are reused or recycled
and would instead require DTSC to adopt regulations exempting
materials or component parts of electronic waste or previously
used electronic devices. Pending in the Assembly Environmental
Safety and Toxic Materials Committee.
Double Referral : This bill was previously heard in the Assembly
Natural Resources Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Californians Against Waste
Silicon Valley Toxics Coalition
Opposition
None on file.
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965
AB 549
Page 4