BILL ANALYSIS �
AB 960
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: AB 960
AUTHOR: Lowenthal
AMENDED: May 27, 2011
FISCAL: Yes HEARING DATE: June 20, 2011
URGENCY: No CONSULTANT: Caroll
Mortensen
SUBJECT : EXPORT OF HAZARDOUS ELECTRONIC WASTE
SUMMARY :
Existing law : Pursuant to the Hazardous Electronic Waste
Recycling Act (Act) of 2003 (Public Resources Code �42460 et
seq. and Health and Safety Code �25214.0 et seq.)
1)Requires a consumer to pay a Covered Electronic Waste (CEW)
recycling fee upon the purchase of a new or refurbished
covered electronic device (CED) and specifies the amount of
the CEW recycling fee ranging from $6 to $10 for each CED
depending on the screen size. (PRC �42464).
2)Requires all fees collected pursuant to the Act to be
deposited in the Electronic Waste and Recovery and Recycling
Account, and authorizes those monies to be appropriated for
the following purposes:
a) To pay refunds of the CEW recycling fee.
b) To make electronic waste recovery payments to an
authorized collector of CEW.
c) To make electronic waste recycling payments to CEW
recyclers.
d) To make specified payments to manufacturers who take
back CEW from consumers for the purpose of recycling the
item. (�42476.).
3)Requires, pursuant to regulations, the Department of
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Resources Recycling and Recovery (DRRR) to review payment
claims made by CEW collectors and recyclers and determine if
a payment is due under the Act. DRRR 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 (�42476.5):
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.
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).
5)Exempts parts and components of CEW that are ready for reuse
or recycling from the export requirements in #5 above
(�42476.6).
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 Act.
2) Defines "electronic waste" as an electronic device, not
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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 Act, a CEW
recycler to demonstrate and DRRR to determine 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.
4) Repeals the existing exemption governing export of
component parts of CEW ready for reuse or recycling and
instead requires DTSC to adopt regulations that provide
guidance to exporters of materials and components and to
exempt from the requirements of �42476.5 only materials or
component parts of electronic waste, covered electronic
waste, previously used electronic devices, and previously
used covered electronic devices that are ready for reuse or
recycling back into new materials or products without
further processing or handling and that pose no risk to
public health or the environment.
5) States that it is the intent of the Legislature that only
materials or component parts of electronic waste or
previously used electronic devices that are ready for reuse
or recycling back into new materials or products without
further processing or handling and that pose no risk to
public health or the environment are exempt from export
requirements.
COMMENTS :
1)Purpose of Bill . According to the author, there are no
recycling requirements or export restrictions on the
thousands of tons of consumer electronics that are not
covered by the California Electronic Waste Recycling Act of
2003. While some of these devices are collected for
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recycling in California along with "covered" devices, the
State has very little authority to regulate these materials.
Due to lack of regulation, these non-covered devices are
frequently shipped overseas for processing in countries with
lax worker safety standards and environmental protections.
Some non-covered devices include: computer towers, printers,
fax machines, stereo equipment, computer peripherals,
calculators, microwaves, telephones and answering machines,
etc.
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.
2)Background on the Export 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 in the Sacramento Bee on November 28,
2010, 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
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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 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 Organization for Economic Cooperation and
Development (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 current condition of payment under the
Act.
To address California's exporting issues, AB 960 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.
3)Other Challenges to Proper Management . The export of
electronic waste, as well as other wastes, is governed by
the Commerce Clause that prevents California from banning
exports. The issue of export of electronic waste should be
addressed at the national level where the authority lies to
ensure that the inherent hazards of electronic waste and
other wastes can be addressed.
Also, better oversight by DTSC, in coordination with DRRR,
is also necessary. Tracking shipments of CEW and other
electronic wastes challenging however, and a determination
that a shipment of CEW and other electronic waste has been
properly managed may not to be able to be determined
definitively.
4)Related Legislation .
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a) AB 549 (Carter) seeks to require, as a condition of
making e-waste recycling or recovery payments by DRRR,
that the covered electronic device for which the payment
is claimed was used in California. AB 549 is currently
in the Environmental Quality Committee. It is a two-year
bill.
b) AB 583 (Knight) seeks to transfer the duties, powers,
and authority of the DTSC under the Electronic Waste
Recycling Act to DRRR. Assembly Environmental Safety and
Toxic Materials Committee. Hearing was canceled at the
author's request.
c) AB 794 (Wieckowski) Provides additional processes for
the review of claims prior to making payments for
covered electronic devises This bill set for hearing in
this Committee on June 20, 2011.
5)Amendments Necessary . This bill amends several codes
sections also in AB 794 (Wieckowski). These conflicts will
have to be resolved to avoid chaptering out issues.
SOURCE : Californians Against Waste
SUPPORT : California Resource Recovery Association
Sierra Club California
Silicon Valley Toxics Coalition
OPPOSITION : None on file