BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 960
                                                                  Page  1

          Date of Hearing:   May 11, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

            AB 960 (Bonnie Lowenthal) - As Introduced:  February 18, 2011 

          Policy Committee:                              Natural 
          ResourcesVote:6-3
                        Environmental Safety and Toxic Materials6-1

          Urgency:     No                   State Mandated Local Program: 
          Yes    Reimbursable:              No

           SUMMARY  

          This bill requires an exporter of electronic waste (e-waste) to 
          demonstrate that the waste it exports will be recycled or 
          disposed of consistent with applicable state, national, and 
          international laws and guidelines.  Specifically, this bill:

          1)Requires a person who exports e-waste to a foreign country to 
            comply with the same requirements imposed on an exporter of 
            covered electronic waste (CEW) (defined as a video display 
            device containing a screen greater than four diagonal inches 
            and that has been discarded.)

          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 to the Department of Recycling and 
            Resources Recovery (Calrecycle) that no CEW is exported to a 
            country in violation of the laws or requirements of that 
            country and that all e-waste handled by the recycler 
            requesting payment has been managed consistent with the act's 
            exporting requirements.

           FISCAL EFFECT  








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          1)One-time costs to Calrecycle, ranging approximately from 
            $800,000 to $1.4 million, in 2011-12 to establish protocols to 
            monitor and handle transactions, research and verify export 
            demonstrations, and interpret legal documents.  (Electronic 
            Waste Recovery and Recycling Account (EWRRA).)

          2)Ongoing costs to Calrecycle, ranging from $800,000 to $1.4 
            million, starting in 2012-13 and potentially increasing 
            thereafter, to monitor and handle transactions, research and 
            verify export demonstrations, and interpret legal documents.  
            (EWRRA.)

           COMMENTS  

           1)Rationale  .  The author intends to subject all electronic waste 
            exported out of California to the same requirements meant to 
            ensure the waste is handled by the importer in a way that 
            protects human and environmental health.

           2)Background  .  The Electronic Waste Act intends to provide a 
            cost-free and convenient means for consumers to return, 
            recycle, and ensure the safe and environmentally-sound 
            disposal of a video display device containing a screen greater 
            than four diagonal inches.  Such devices are known as covered 
            electronic devices and, when discarded, as covered electronic 
            waste.   Upon purchase of a new or refurbished CED, a consumer 
            pays a CEW recycling fee of $6 to $10 for each CED, the amount 
            depending on screen size.  Fee revenue pays CEW collectors and 
            recyclers for the cost of collecting and recycling CEW 
            generated in the state.  

            A person who exports CEW must demonstrate to the Department of 
            Toxic Substances Control, not Calrecycle, that the waste will 
            be managed at facilities with operations that meet or exceed 
            the binding decisions and implementing guidelines of the 
            Organization for Economic Cooperation and Development (OECD), 
            members of which prohibit exporting hazardous waste to 
            non-OECD countries unless the waste is sent to an adequate 
            disposal facility. 
             
           3)Related Legislation  .

              a)   AB 549 (Carter)  , currently pending before this 
               committee, would codify electronic waste regulations and 








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               practices issued and employed by the Department of 
               Recycling and Resources Recovery (Calrecycle).

              b)   AB 794 (Wieckowski)  , currently pending before this 
               committee, would impose civil liability against a CEW 
               recycler or collector for false statements or 
               representations codifies current practice of Calrecycle to 
               conduct reviews and audits related to the operations of CEW 
               recyclers and collectors.

           4)Support.   This bill is supported by Californians Against Waste 
            (sponsor) and the Silicon Valley Toxics Coalition and other 
            organizations that seek to reduce waste and promote recycling.

           5)There is no registered opposition to this bill.  

           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081