BILL NUMBER: AB 147	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Saldana
   (Coauthors: Assembly Members Block, Chesbro, Huffman, Ma, and
Nava)

                        JANUARY 22, 2009

   An act to amend Section 25214.10.1 of, and to add Section
25214.10.3 to, the Health and Safety Code, relating to hazardous
waste.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 147, as introduced, Saldana. Hazardous waste: electronic waste.

   (1) Existing law requires the Department of Toxic Substances
Control to adopt regulations to prohibit an electronic device from
being sold or offered for sale in this state if the electronic device
is prohibited from being sold or offered for sale in the European
Union on and after its date of manufacture, due to the presence of
certain heavy metals. Existing law requires these regulations to take
effect January 1, 2007, or on or after the date that the Directive
2002/95/EC, adopted by the European Parliament and the Council of the
European Union on January 27, 2003 (Directive 2002/95/EC), takes
effect, whichever date is later. Existing law defines the term
"electronic device," for purposes of those provisions, to have the
same meaning, with reference to the Electronic Waste Recycling Act of
2003, as "covered electronic device" which is defined as a video
display device that is identified by the department, pursuant to
specified regulations, as a presumed hazardous waste when discarded.
   A violation of the hazardous waste control laws, including a
regulation adopted pursuant to those laws, is a crime.
   This bill would require a manufacturer of an electronic device to
prepare and, at the request of the department, submit to the
department within 28 days of the date of the request, technical
documentation or other information showing that the electronic device
sold or offered for sale by that manufacturer is not prohibited from
sale.
   This bill would define the term "RoHS Directive" to mean that
directive on the restriction of the use of certain hazardous
substances in electrical and electronic equipment, cited as Directive
2002/95/EC, as amended on or before January 1, 2010. The bill would
define the term "electronic equipment" to mean a device that is
dependent on electric currents or electromagnetic fields to work
properly or that is a device for the generation, transfer, or
measurement of electric currents or fields and that is produced or
distributed for sale to a consumer or for the personal use,
consumption, or enjoyment of a consumer for use in or around a
permanent or temporary household or residence or a school, for use in
recreation, or for other purposes or in other locations.
   The bill would exclude from the definition of "electronic
equipment" certain electronic devices, including fixed-installation
devices that are electrical or mechanical, or electrical and
mechanical, as specified, an electronic device that is a video
display device, or an electronic or electrical lighting device.
   The bill would require a producer, as defined, to prepare and, at
the request of the department, submit to the department, within 28
days of the date of the request, technical documentation or other
information showing that electronic equipment sold or offered for
sale by that producer is not prohibited from sale by the RoHS
Directive, along with other specified information, or, under
specified conditions, submit available information relating to the
hazardous substance content and hazardous characteristics of the
equipment. The department would be prohibited from imposing any
requirements or conditions that are in addition to, or more stringent
than, the requirements and conditions expressly authorized by the
provision imposing this requirement.
   The bill would require the department to treat as confidential any
information that is a trade secret, as defined, that is provided to
the department pursuant to the bill's requirements, and that is
identified as a trade secret at the time of submission, in the same
manner as the procedures adopted by the department with regard to
hazardous waste handling and disposal. The department would be
required to make available, pursuant to the California Public Records
Act, any information that is not a trade secret or that is not
identified as a trade secret.
   Because a violation of the bill's requirements would be a crime,
the bill would impose a state-mandated local program by creating a
new crime.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25214.10.1 of the Health and Safety Code is
amended to read:
   25214.10.1.  (a) For purposes of this section, the following
definitions shall apply:
   (1) "Electronic device" means a video display device, as defined
in subdivision  (t)   (u)  of Section 42463
of the Public Resources Code, with a screen size of greater than
four inches.
   (2) "Covered electronic device," "manufacturer," and "retailer"
have the same meaning as those terms are defined in Section 42463 of
the Public Resources Code. 
   (3) "Trade secret" has the same meaning as defined in Section
25173. 
   (b) The department shall adopt regulations that identify
electronic devices that the department determines are presumed to be,
when discarded, a hazardous waste pursuant to this chapter.
   (c) (1) Except as provided in subdivision (e), a manufacturer of
an electronic device that is identified in the regulations adopted by
the department shall send a notice in accordance with the schedule
specified in subparagraph (A) or (B), as applicable, of paragraph
(3), to any retailer that sells that electronic device manufactured
by the manufacturer. The notice shall identify the electronic device,
and shall inform the retailer that the electronic device is a
covered electronic device and is subject to a fee in accordance with
subdivision (d).
   (2) A manufacturer subject to this subdivision shall also send a
copy of the notice to the State Board of Equalization.
   (3) The notice required by this subdivision shall be sent in
accordance with the following schedule:
   (A) On or before October 1, 2004, the manufacturer shall send a
notice covering any electronic device manufactured by that
manufacturer that is identified in the regulations adopted by the
department on or before July 1, 2004, that identify the electronic
devices that the department determines are presumed to be, when
discarded, a hazardous waste pursuant to this chapter.
   (B) On or before April 1, 2005, and on or before every April 1 of
each year thereafter, the manufacturer shall send a notice covering
any electronic device manufactured by that manufacturer identified in
the regulations adopted by the department pursuant to subdivision
(b) on or before December 31 of the prior year.
   (4) If a retailer sells a refurbished covered electronic device,
the manufacturer is required to comply with the notice requirement of
this subdivision only if the manufacturer directly supplies the
refurbished covered electronic device to the retailer.
   (d) (1) Except as provided in subdivision (e), a covered
electronic device that is identified in the regulations adopted, on
or before July 1, 2004, by the department, that identify electronic
devices that the department determines are presumed to be, when
discarded, a hazardous waste pursuant to this chapter shall, on and
after January 1, 2005, be subject to Chapter 8.5 (commencing with
Section 42460) of Part 3 of Division 30 of the Public Resources Code,
including the fee imposed pursuant to Section 42464 of the Public
Resources Code.
   (2) Except as provided in subdivision (e), a covered electronic
device identified in the regulations adopted by the department,
pursuant to subdivision (b), shall, on and after July 1 of the year
subsequent to the year in which the covered electronic device is
first identified in the regulations, be subject to Chapter 8.5
(commencing with Section 42460) of Part 3 of Division 30 of the
Public Resources Code, including the fee imposed pursuant to Section
42464 of the Public Resources Code.
   (e) (1) If the manufacturer of an electronic device that is
identified in the regulations adopted by the department pursuant to
subdivision (b) obtains the concurrence of the department that an
electronic device, when discarded, would not be a hazardous waste, in
accordance with procedures set forth in Section 66260.200 of Title
22 of the California Code of Regulations, the electronic device shall
cease to be a covered electronic device and shall cease to be
subject to subdivisions (c) and (d) on the first day of the quarter
that begins not less than 30 days after the date that the department
provides the manufacturer with a written nonhazardous concurrence for
the electronic device pursuant to this subdivision. A manufacturer
shall notify each retailer, to which that manufacturer has sold a
covered electronic device, that the device has been determined
pursuant to this subdivision to be nonhazardous and is no longer
subject to a covered electronic recycling fee.
   (2) No later than 10 days after the date that the department
issues a written nonhazardous concurrence to the manufacturer, the
department shall do both of the following:
   (A) Post on the department's Web site a copy of the nonhazardous
concurrence, including, but not limited to, an identification and
description of the electronic device to which the concurrence
applies.
   (B) Send a copy of the nonhazardous concurrence, including, but
not limited to, an identification and description of the electronic
device to which the concurrence applies, to the California Integrated
Waste Management Board and the State Board of Equalization. 
   (f) (1) A manufacturer shall prepare and, at the request of the
department, submit to the department within 28 days of the date of
the request, technical documentation or other information showing
that the electronic device sold or offered for sale by that
manufacturer is not prohibited from sale pursuant to this section
along with other available information relating to hazardous
characteristics of the device.  
   (2) The department shall treat as confidential any information
provided pursuant to this section that is a trade secret and that is
identified as a trade secret at the time of submission by a
manufacturer, in the same manner as the procedures adopted by the
department pursuant to Section 25173 with regard to hazardous waste
handling and disposal. Any information that is not a trade secret, or
that is not identified by the manufacturer as a trade secret, shall
be made available to the public upon request pursuant to the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code). 
    (f)   
    (g)    Notwithstanding Section 42474 of the
Public Resources Code, a fine or penalty shall not be assessed on a
retailer who unknowingly sells, or offers for sale, in this state a
covered electronic device for which the covered electronic waste
recycling fee has not been collected or paid, if the failure to
collect the fee was due to the failure of the State Board of
Equalization to inform the retailer that the electronic device was
subject to the fee.
  SEC. 2.  Section 25214.10.3 is added to the Health and Safety Code,
to read:
   25214.10.3.  (a) For the purposes of this section, the following
definitions shall apply:
   (1) "Electronic equipment" means a device that meets both of the
following conditions:
   (A) The device is dependent on electric currents or
electromagnetic fields to work properly or is a device for the
generation, transfer, or measurement of electric currents or fields.
   (B) The device, or component part thereof, is produced or
distributed for either of the following purposes:
   (i) For sale to a consumer for use in or around a permanent or
temporary household or residence or a school, for use in recreation,
or for other purposes or in other locations.
   (ii) For the personal use, consumption, or enjoyment of a consumer
in or around a permanent or temporary household or residence or a
school, in recreation, or for other purposes or in other locations.
   (2) "Electronic equipment" does not include any of the following:
   (A) A fixed-installation device that is electrical or mechanical,
or electrical and mechanical, that is electrically wired directly to
a fixed electrical system, or connected to a fixed mechanical system
of a structure, or both a fixed electrical and fixed mechanical
system, and that cannot be readily disconnected without altering the
electrical or mechanical system connections, or both the electrical
and mechanical system connections. An electronic device that is
portable and uses an electrical plug as the means to connect to an
electrical source is not a fixed-installation electrical or
mechanical device, or both an electrical and mechanical device.
   (B) An "electronic device" as defined in Section 25214.10.
   (C) Electronic or electrical lighting devices.
   (3) "Hazardous substance" means any substance for which the RoHS
Directive prohibits the sale, or offering for sale, of electronic
equipment containing that substance.
   (4) "Producer" means a person who, irrespective of the selling
technique used, does any of following:
   (A) Manufactures and sells electronic equipment under the producer'
s own brand.
   (B) Resells, under the producer's own brand, electronic equipment
produced by other suppliers. For the purposes of this section, a
person who resells electronic equipment is not the producer of that
electronic equipment, if the brand of the producer appears on the
equipment, as provided in subparagraph (A).
   (5) "RoHS Directive" means the directive on the restriction of the
use of certain hazardous substances in electrical and electronic
equipment RoHS, and is cited as Directive 2002/95/EC, adopted by the
European Parliament and the Council of the European Union on January
27, 2003, on the restriction of certain hazardous substances in
electronic equipment, as amended on or before January 1, 2010
(13.2.2003 Official Journal of the European Union).
   (6) "Trade secret" has the same meaning as defined in Section
25173.
   (b) (1) A producer shall prepare and, at the request of the
department, submit to the department within 28 days of the date of
the request, technical documentation or other information showing
that electronic equipment sold or offered for sale by that producer
is not prohibited from sale by the RoHS Directive along with other
available information relating to hazardous characteristics of the
equipment.
   (2) If the electronic equipment offered for sale in this state is
not offered for sale in the European Union and documentation showing
that the equipment is not prohibited from sale by the RoHS Directive
is not available, the producer shall submit to the department
available information relating to the hazardous substance content and
hazardous characteristics of the equipment.
   (c) The department shall treat as confidential any information
provided pursuant to this section that is a trade secret and that is
identified as a trade secret at the time of submission by a producer,
in the same manner as the procedures adopted by the department
pursuant to Section 25173 with regard to hazardous waste handling and
disposal. Any information that is not a trade secret, or that is not
identified by the producer as a trade secret, shall be made
available to the public upon request pursuant to the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code).
   (d) The department shall not impose any requirements or conditions
that are in addition to, or more stringent than, the requirements
and conditions expressly authorized by this section.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.