Bill Text: CA SB1052 | 2009-2010 | Regular Session | Amended
Bill Title: Electronic waste: state agencies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-27 - Held in committee and under submission. [SB1052 Detail]
Download: California-2009-SB1052-Amended.html
BILL NUMBER: SB 1052 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 7, 2010
INTRODUCED BY Senator Oropeza
FEBRUARY 16, 2010
An act to add Section 42920.5 to 12218 to
the Public Contract Code, and to amend Section 42926 of the
Public Resources Code, relating to electronic waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 1052, as amended, Oropeza. Electronic waste: state agencies.
(1) Existing law , the State Contract Act, requires, among
other things, that each state agency ensure that at least 50% o
f reportable purchases are recycled products.
The California Integrated Waste Management Act requires
each state agency, as defined, to develop and adopt, in consultation
with the Department of Resources Recycling and Recovery, an
integrated waste management plan, to provide for the diversion at
least 50% of the solid waste generated by the state agency from
landfill disposal or transformation and to submit an annual
report to the department regarding the implementation of the plan
. Existing law requires the Department of Toxic Substances
Control to adopt regulations that identify electronic devices that
are presumed to be, when discarded, a hazardous waste subject to the
hazardous waste control laws.
This bill would require the Department of Toxic Substances
Control, the Department of Resources Recycling and Recovery, and the
Department of General Services to jointly collaborate to identify the
methods that state agencies are required to adopt to properly handle
and dispose of electronic waste, as defined, and would require each
state agency to adopt an electronic waste management plan. The bill
would require the plan to be submitted to the Department of Toxic
Substances Control, by January 1, 2012, for review and approval, and
would require each state agency to submit an annual report to the
Department of Toxic Substances Control regarding the implementation
of the plan.
The bill would authorize the Department of Toxic Substances
Control to require the plan to be revised and to take enforcement
action pursuant to the hazardous waste control laws, if a state
agency manages or disposes of electronic waste in violation of the
hazardous waste control law.
This bill would require the Department of General Services, in
collaboration with the Department of Resources Recycling and Recovery
and the Department of Toxic Substances Control, to identify the
methods that state agencies are required to use to properly handle,
recycle, and dispose of electronic waste, and to assist state
agencies to comply with applicable federal, state, and local laws and
regulations governing the management of hazardous waste.
The bill would require a state agency to include in the annual
solid waste reduction plan information regarding the management of
electronic waste generated by the state agency. The bill would
require the Department of General Services to review this information
and if that department believes that a state agency is not managing
electronic waste consistent with the required methods or in
compliance with all applicable federal, state, or local laws or
regulations, the Department of General Services would be required to
notify the Department of Toxic Substances Control to determine the
appropriate enforcement action.
Since existing law defines state agency, for purposes of waste
management, as including community college districts, the bill would
impose a state-mandated local program.
(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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
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 12218 is added to the
Public Contract Code , to read:
12218. (a) The department, in collaboration with the Department
of Resources Recycling and Recovery and the Department of Toxic
Substances Control, shall identify the methods that state agencies
are required to use to properly handle, recycle, and dispose of
electronic waste, as defined in paragraph (2) of subdivision (f) of
Section 42926 of the Public Resources Code, and shall assist state
agencies to comply with applicable federal, state, and local laws and
regulations governing the management of hazardous waste. The
department shall make this information available to all state
agencies and shall post and maintain this information on the
department's Internet Web site.
(b) As soon as practicable after on January 1, 2011, and on or
before January 1 annually thereafter, the department shall review the
information submitted the previous calendar year to the Department
of Resources Recycling and Recovery pursuant to subdivision (c) of
Section 42926 of the Public Resources Code.
(c) If the department believes that a state agency is not managing
electronic waste consistent with the methods identified in
subdivision (a) or in compliance with all applicable federal, state,
or local laws or regulations governing the management of hazardous
waste, the department shall notify the Department of Toxic Substances
Control to determine the appropriate enforcement action.
SEC. 2. Section 42926 of the Public
Resources Code is amended to read:
42926. (a) In addition to the information provided to the
board department pursuant to Section
12167.1 of the Public Contract Code, each state agency shall submit
an annual report to the board department
summarizing its progress in reducing solid waste as required by
Section 42921. The annual report shall be due on or before September
1, 2009, and on or before September 1 in each subsequent year. The
information in this report shall encompass the previous calendar
year.
(b) Each state agency's annual report to the board
department shall, at a minimum, include all of
the following , in the manner prescribed by the department
:
(1) Calculations of annual disposal reduction.
(2) Information on the changes in waste generated or disposed of
due to increases or decreases in employees, economics, or other
factors.
(3) A summary of progress made in implementing the integrated
waste management plan.
(4) The extent to which the state agency intends to utilize
programs or facilities established by the local agency for the
handling, diversion, and disposal of solid waste. If the state agency
does not intend to utilize those established programs or facilities,
the state agency shall identify sufficient disposal capacity for
solid waste that is not source reduced, recycled, or composted.
(5) Other information relevant to compliance with Section 42921.
(c) In addition to the information required to be included in the
annual report pursuant to subdivision (b), the state agency shall
provide, at a minimum, all of the following information regarding the
management of electronic waste generated by the state agency:
(1) The types and quantities of electronic waste generated by the
state agency.
(2) Whether the management and final disposition of that
electronic waste is in compliance with all applicable federal, state,
and local laws and regulations that govern the management of
hazardous waste, in accordance with Section 12218 of the Public
Contract Code.
(3) Efforts by the state agency to reduce the amount of electronic
waste being generated.
(c)
(d) The board department
shall use, but is not limited to the use of, the annual report in the
determination of whether the agency's integrated waste management
plan needs to be revised.
(e) The reports received pursuant to this section shall be posted
on the department's Internet Web site. The department shall notify
the Department of Toxic Substances Control and the Department of
General Services of the availability of the reports.
(f) For purposes of this section, the following definitions shall
apply:
(1) "Department" means the Department of Resources Recycling and
Recovery.
(2) "Electronic waste" means a waste, including, but not limited
to, a computer monitor, television, cell phone, pager, printer,
computer body, including a central processing unit (CPU) or
processor, video cassette recorder, cordless or regular telephone,
radio, or another like device that is considered by Chapter 6.5
(commencing with Section 25100) of Division 20 of the Health and
Safety Code to be a hazardous waste when discarded and is required to
be managed pursuant to Chapter 23 (commencing with Section 66273.1)
of Division 4.5 of Title 22 of the California Code of Regulations.
SECTION 1. Section 42920.5 is added to the
Public Resources Code, to read:
42920.5. (a) For purposes of this section "electronic waste"
means a covered electronic device, as defined in subdivision (f) of
Section 42463.
(b) The Department of Toxic Substances Control, the Department of
Resources Recycling and Recovery, and the Department of General
Services shall jointly collaborate to identify the methods that state
agencies shall adopt to properly handle, recycle, and dispose of
electronic waste and to assist state agencies in implementing this
section.
(c) In addition to the integrated waste management plan adopted
pursuant to Section 42920, each state agency shall adopt an
electronic waste management plan, in accordance with the methods
identified pursuant to subdivision (b), to accurately track the
amount of electronic waste that is generated, handled, recycled, and
disposed of by the state agency.
(d) The electronic waste management plan adopted pursuant to
subdivision (c) shall be submitted to the Department of Toxic
Substances Control, on or before January 1, 2012, for review and
approval.
(e) On or before January 1, 2013, and annually thereafter, each
state agency shall submit a report to the Department of Toxic
Substances Control regarding the implementation of the electronic
waste management plan adopted pursuant to this section.
(f) The Department of Toxic Substances Control may require the
electronic waste management plan adopted pursuant to subdivision (c)
to be revised, based on the information in the annual report
submitted pursuant to subdivision (e), and may take enforcement
action pursuant to Chapter 6.5 (commencing with Section 25100) of the
Health and Safety Code, if a state agency manages or disposes of
electronic waste in violation of that chapter.
SEC. 2. SEC. 3. If the Commission on
State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.
