BILL ANALYSIS �
AB 960
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Date of Hearing: April 4, 2011
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 960 (Lowenthal) - As Introduced: February 18, 2011
SUBJECT : Recycling: electronic waste
SUMMARY : Requires an exporter of electronic waste to
demonstrate that waste it exports will be recycled or disposed
of in a manner that is consistent with applicable state,
national, and international laws and guidelines. Conditions
payment under the Electronic Waste Recycling Act (Act) on
compliance with the Act's exporting requirements.
EXISTING LAW :
1)Establishes the 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 covered
electronic devices (CED). A CED is a video display device
containing a screen greater than four inches, measured
diagonally. CED that is discarded is considered "covered
electronic waste" (CEW).
2)Requires a consumer to pay a CEW recycling fee upon the
purchase of a new or refurbished CED. The CEW recycling fee
ranges from $6 to $10 for each CED depending on the screen
size. The fee is deposited into an account and 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
payment.
4)Requires, pursuant to regulations, the Department of Resources
Recycling and Recovery (CalRecycle) to review payment claims
made by CEW collectors and recyclers and determine if a
payment is due under the Act. CalRecycle may deny or adjust
payment for an incomplete or deficient payment claim.
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5)Requires a person who exports CEW to a foreign country to do
the following at least 60 days prior to export:
a) Notify the Department of Toxic Substances Control of the
destination, disposition, contents, and volume of the CEW
to be exported.
b) Demonstrate that the CEW is being exported for the
purposes of recycling or disposal.
c) Demonstrate that the importation of the CEW is not
prohibited by an applicable law in the country of
destination and that any import will be conducted in
accordance with all applicable laws of the destination
country.
d) Demonstrate that the exportation of the CEW is conducted
in accordance with applicable United States or applicable
international law.
e) Demonstrate that the CEW will be managed within the
country of destination only at facilities with operations
that meet or exceed the binding decisions and implementing
guidelines of the Organization for Economic Cooperation and
Development (OECD).
THIS BILL :
1)Requires a person who exports "electronic waste" to a foreign
country to comply with the same requirements imposed on an
exporter of CEW. "Electronic waste" is defined as an
electronic device, not including CEW, that is discarded and
identified as hazardous waste under the Health and Safety
Code. Electronic waste includes telephones, stereo equipment,
and computer peripherals.
2)Requires, as a condition of payment under the Act, a CEW
recycler to demonstrate and CalRecycle to determine that (1)
no CEW is exported to a country in violation of the laws or
requirements of that country and (2) all electronic waste
handled by the recycler requesting payment has been managed
consistent with the Act's exporting requirements.
FISCAL EFFECT : Unknown
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COMMENTS :
1)Background. The purpose of the Act is to provide a cost free
and convenient way for consumers to return, recycle, and
ensure the safe and environmentally-sound disposal of CED.
Since January 2005, approximately 965 million pounds of
claimed CEW has been recycled as a result of the Act. The Act
has created jobs and fostered California's electronic waste
and recycling infrastructure with approximately 600 approved
CEW collectors and 60 approved recyclers throughout the state.
The state's CEW infrastructure also recovers substantial
quantities of miscellaneous electronic waste not covered by
the CEW payment system.
2)Exporting Problem. The Act has been productive in collecting
and recycling CEW; however, there has been controversy
associated with the exportation of CEW and other electronic
waste. According to a US Environmental Protection Agency
report, "while some electronic waste can be handled
responsibly in countries with effective regulatory regimes and
by companies with advance technologies, a substantial amount
ends up in countries such as China and India, where they are
often handled and disposed of unsafely." China, in
particular, has areas where open burning and acid baths to
recover metals from electronic waste are commonplace, and the
residual toxic waste from such operations is simply discarded,
allowing pollutants to seep into the ground and water source.
Children in these areas have lead levels in their blood that
were more than 50 percent higher than the limit for lead
exposure set by the Centers of Disease Control and Prevention
in the United States.
A recent news report claims that California exports 160 to 210
million pounds of electronic waste annually. Allegedly, much
of this waste makes its way to developing countries and is
processed in ways that are offensive to human health and the
environment. At least one CEW recycler blames California's
electronic waste exporting problems on the millions of pounds
of collected electronic waste not covered by the Act. Since
this electronic waste has no value under the Act, recyclers
look to sell the waste to brokers who are buying the material
and exporting it to countries like China.
Existing law places specific restrictions on the exportation
of CEW. For example, a person who exports CEW must
AB 960
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demonstrate that the waste will be managed at facilities with
operations that meet or exceed the binding decisions and
implementing guidelines of the OECD. OECD, of which the
United States is a member, prohibits its member countries from
exporting hazardous waste to non-OECD countries unless the
waste is sent to an adequate disposal facility. The CEW
exporting restrictions are a condition of payment under the
Act pursuant to Section 42476(f)(1) of the Public Recourses
Code.
To address California's exporting issues, the bill applies the
CEW exporting requirements, including the OECD guidelines, to
other types of electronic waste. If a CEW collector or
recycler is seeking payment for CEW, it would have to
demonstrate that all exported electronic waste, as well as CEW
waste, was managed properly.
The bill, through Section 42476(f)(4) of the Public Recourses
Code, also reiterates existing law, which conditions payment
for CEW on demonstrating that exported CEW will not violate
the laws in the country of destination.
REGISTERED SUPPORT / OPPOSITION :
Support
Californians Against Waste
California Resource Recovery Association
Silicon Valley Toxics Coalition
Sierra Club California
Opposition
None on file
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092