BILL ANALYSIS �
AB 2666
Page 1
Date of Hearing: April 7, 2014
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 2666 (Daly) - As Introduced: February 21, 2014
SUBJECT : Recycling: electronic waste
SUMMARY : Exempts the United States (US) and its agencies and
instrumentalities from the requirements of the Electronic Waste
Recycling Act (Act).
EXISTING LAW :
1)Establishes the Act to provide a cost-free and convenient
means for consumers to return, recycle, and ensure the safe
and environmentally-sound disposal of covered electronic
devices (CEDs). A CED is a video display device containing a
screen greater than four inches, measured diagonally. CEDs
that are discarded are considered covered electronic waste
(CEW).
2)Requires a consumer to pay a CEW recycling fee upon the
purchase of a new or refurbished CED at the time of the retail
sale. The CEW recycling fee ranges from $3 to $5, depending
on the screen size, and is used primarily to pay CEW
collectors and recyclers.
3)Provides for payments to CEW collectors and recyclers for
costs associated with collecting and recycling CEW that has
been generated in the state.
FISCAL EFFECT : Unknown
COMMENTS : In 2001, the Department of Toxic Substances Control
(DTSC) determined that cathode ray tube (CRT) screens are
hazardous, which means that they must be managed as hazardous
waste when disposed. In response to this determination, the
Legislature enacted SB 20 and SB 50 (Sher) in 2003, which
established the Act to create a cost-free and convenient way for
consumers to return, recycle, and ensure the safe and
environmentally-sound disposal of hazardous video display
devices. Since January 2005, more than 965 million pounds
(approximately 75 percent) of CEW have been recycled as a result
of the Act. The Act has created jobs and fostered California's
AB 2666
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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.
In order to fund the Act, consumers are required to pay a $3 to
$5 fee, based on screen size, at the time of purchasing a CED.
While the US government is immune from taxation under the
Supremacy Clause of the US Constitution, the federal Resource
Conservation and Recovery Act (RCRA) specifies that US
government entities are required to pay "regulatory fees," as
determined by federal law. In May 2001, the US Government
Accountability Office (GAO) issued a decision that California's
e-waste fee is a tax under federal law; therefore, US government
entities are not subject to the fee. This bill aligns
California statute with federal law as it relates to collection
of the e-waste fee.
Suggested amendment : As drafted, this bill changes all
references to CalRecycle in the bill from "the Department of
Resources Recycling and Recovery" to "CalRecycle." CalRecycle
is also referred to as "board" and as "department" throughout
the Public Resources Code. In order to minimize confusion, the
committee may wish to amend the bill to remove references to
"CalRecycle."
REGISTERED SUPPORT / OPPOSITION :
Support
CalTax (sponsor)
Opposition
None on file
Analysis Prepared by : Elizabeth MacMillan / NAT. RES. / (916)
319-2092