BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 549|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 445-6614 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 549
Author: Carter (D) and Wieckowski (D)
Amended: 6/26/12 in Senate
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 5-1, 5/14/12
AYES: Simitian, Hancock, Kehoe, Lowenthal, Pavley
NOES: Blakeslee
NO VOTE RECORDED: Strickland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 78-0, 5/19/11 - See last page for vote
SUBJECT : Recycling: electronic waste
SOURCE : Author
DIGEST : This bill modifies the Electronic Waste
Recycling Act of 2003 (E-Waste Act) fraud prevention and
audit functions within the Department of Resources
Recycling and Recovery (CalRecycle).
ANALYSIS : Existing law, the E-Waste Act, requires a
retailer selling a covered electronic device in this state
to collect a covered electronic waste recycling fee from
the consumer, as specified. These fees are deposited in
the Electronic Waste Recovery and Recycling Account, and
CalRecycle is continuously appropriated the money in the
account to, among other things, make electronic waste
CONTINUED
AB 549
Page
2
recovery payments and recycling payments.
CalRecycle is authorized to make these payments only if
certain conditions are met. CalRecycle is required to make
these payments to an authorized collector or covered
electronic waste recycler upon receipt of a completed and
verified invoice submitted to CalRecycle in the form and
manner determined by CalRecycle.
This bill:
1. Clarifies that CalRecycle shall not pay an electronic
waste recycling payment or recovery payment for covered
electronic waste (CEW) generated outside of the state
and subsequently brought into the state.
2. Requires CalRecycle to establish documentation
requirements for demonstrating that CEW was generated in
California and eligible for payment.
3. Requires CalRecycle to pay a CEW collector or recycler
upon completion of its review of a payment claim for 90
days or less. CalRecycle may examine a payment claim to
validate its completeness, accuracy, truthfulness, and
compliance with applicable laws and regulations.
4. Permits CalRecycle to conduct a selective audit of
authorized collectors, covered CEW recyclers, or
manufacturers to determine whether recovery or recycling
payments are being paid by CalRecycle according to the
requirements of the E-Waste Act.
5. Provides a person challenging a revocation, denial of
application renewal, application denial, denial or
adjustment of an electronic waste recovery payment, or
denial or adjustment of an electronic waste recycling
payment, shall exhaust administrative remedies by filing
an administrative appeal with CalRecycle no later than
30 calendar days from the date of CalRecycle's action,
consistent with the regulations adopted pursuant to the
E-Waste Act.
6. States that CalRecycle must provide a hearing to
consider the appeal and subsequently to issue a written
CONTINUED
AB 549
Page
3
decision stating the factual and legal basis for the
decision.
7. Specifies that these changes to the E-Waste Act do not
affect administrative or legal enforcement actions filed
or pending before January 1, 2013, and must not prevent
administrative enforcement action taken before that
date.
Comments
Need for this 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
Assembly 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.
Related Legislation
CONTINUED
AB 549
Page
4
AB 583 (Knight) transfers responsibility and personnel from
the State Department of Toxics Substance Control (DTSC) to
the CalRecycle for investigation and enforcement of the
E-Waste Act. The bill died in the Assembly Environmental
Safety and Toxic Materials Committee.
AB 960 (Bonnie Lowenthal) 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 and 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. The bill is in the
Senate Appropriations Committee.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/21/12)
Californians Against Waste
Silicon Valley Leadership Group
Silicon Valley Toxics Coalition
ASSEMBLY FLOOR : 78-0, 5/19/11
AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, Perea, V. Manuel P�rez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. P�rez
NO VOTE RECORDED: Alejo, Gorell
CONTINUED
AB 549
Page
5
DLW:k 6/25/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED