BILL ANALYSIS �
AB 960
Page 1
ASSEMBLY THIRD READING
AB 960 (Bonnie Lowenthal)
As Amended May 27, 2011
Majority vote
NATURAL RESOURCES 6-3 ENVIRONMENTAL SAFETY 6-1
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|Ayes:|Chesbro, Brownley, |Ayes:|Wieckowski, Campos, |
| |Dickinson, Huffman, | |Chesbro, Davis, Feuer, |
| |Monning, Skinner | |Bonnie Lowenthal |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Knight, Grove, Halderman |Nays:|Morrell |
| | | | |
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APPROPRIATIONS 12-5
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|Ayes:|Fuentes, Blumenfield, | | |
| |Bradford, Charles | | |
| |Calderon, Campos, Davis, | | |
| |Gatto, Hall, Hill, Lara, | | |
| |Mitchell, Solorio | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Harkey, Donnelly, | | |
| |Nielsen, Norby, Wagner | | |
| | | | |
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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. Specifically, this bill requires:
1)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). "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, among other things,
telephones, stereo equipment, and computer peripherals.
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2)The recycler, as a condition of payment under the Act, to
demonstrate that: a) no CEW is exported to a country in
violation of the laws or requirements of that country and, b)
all electronic waste handled by the recycler requesting payment
has been managed consistent 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 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 for costs associated with collecting
and recycling CEW that has been generated in the state.
3)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.
4)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; 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; and, e) demonstrate that the CEW
will be managed within the country of destination only at
facilities with operations that meet or exceed the binding
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decisions and implementing guidelines of the Organization for
Economic Cooperation and Development (OECD).
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Annual costs to DTSC of less than $100,000 to increase its
review of electronic waste intended for export, educate
stakeholders, and maintain information on potential recipient
jurisdictions.
2)Minor, absorbable costs to CalRecycle to determine whether an
exporter has demonstrated to DTSC that the waste it exports will
be recycled or disposed of consistent with applicable state,
national, and international laws and guidelines.
COMMENTS : The Act has been productive in collecting and recycling
CEW-since January 2005, approximately 965 million pounds of
claimed CEW has been recycled as a result of the Act. There has
been, however, 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% 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.
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Existing law places specific restrictions on the exportation of
CEW. For example, a person who exports CEW must 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 the Public Recourses Code
Section 42476(f)(1).
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 will have to demonstrate that all
exported electronic waste, as well as CEW waste, was managed
properly.
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092
FN: 0001140