BILL ANALYSIS �
AB 960
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Date of Hearing: April 26, 2011
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Bob Wieckowski, Chair
AB 960 (Bonnie Lowenthal) - As Introduced: February 18, 2011
SUBJECT : Exporting Electronic Waste.
SUMMARY : Requires an exporter of electronic waste (E-waste) to
demonstrate that the waste it exports will be recycled or
disposed of in a manner that is consistent with applicable
State, national, and international laws and guidelines.
Specifically, 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 covered electronic waste (CEW) under the
provisions of the Electronic Waste Recycling Act of 2003
(E-Waste Act).
2)Defines "electronic waste" as an electronic device, not
including CEW, which is discarded and identified as hazardous
waste under the Health and Safety Code and includes, but is
not limited to, cash registers, oscilloscopes, computers,
computer peripherals, telephones, answering machines, radios,
stereo equipment, tape players, recorders, phonographs, video
cassette players or recorders, compact disc players or
recorders, calculators, and appliances.
3)Requires, as a condition of payment under the E-Waste Act, a
CEW recycler to demonstrate and DRRR 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.
EXISTING LAW: 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 (DTSC)
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.
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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).
FISCAL EFFECT : Not Known
COMMENTS :
1)Need for the bill . According to the sponsors of this bill,
"While the Commerce Clause of the US Constitution has been
interpreted as preventing states from directly regulating
export, since 2003, California's Electronic Waste Recycling
Law has effectively eliminated export of ' covered ' toxic
electronics by only providing recycling incentives to
certified recyclers that properly dismantle and process
covered devices consistent with California law. Under this
policy, more than 500,000 tons of covered electronics have
been properly recycled. Also since 2003, California has
reduced the disposal of covered toxic electronics by more than
72 percent."
2)According to the DRRR, the E-Waste Act established a funding
mechanism to improve and provide for the proper end-of-life
management of certain hazardous electronic products. The
program is funded through a fee paid by consumers of covered
electronic devices (CED) at the time of retail purchase.
Collected fees are remitted by retailers to the State and
deposited in an account. Subsequently, payments are made to
approved collectors and recyclers of covered electronic waste
(CEW) to offset the net cost of appropriate waste recovery,
processing, and recycling activities.
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3)Oversight Hearing. On February 28, of 201, 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 control the export of
e-waste to counties that may not provide adequate
environmental and worker safety standards. This bill
addresses one of the export issues raised by that hearing.
4)Related legislation:
AB 549 (Carter): Recycling: electronic waste. This bill would
require, as a condition of making E-Waste payments by DRRR, that
the covered electronic device for which the payment is claimed
was used in California. Pending in the Environmental Safety and
Toxic Materials Committee.
AB 583 (Knight): Solid waste: hazardous electronic waste.
Transfers responsibility and personnel from DTSC to 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.
Double Referral : This bill was previously heard in the Assembly
Natural Resources Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
California Resource Recovery Association
AB 960
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Californians Against Waste
Silicon Valley Toxics Coalition
Opposition
None on file.
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965