Bill Text: CA SB1306 | 2023-2024 | Regular Session | Amended

California Senate Bill 1306 (Prior Session Legislation)

Bill Title: Recycling: precious metals and critical minerals: report.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2024-05-16 - May 16 hearing: Held in committee and under submission. [SB1306 Detail]

Download: California-2023-SB1306-Amended.html

Amended IN Senate May 06, 2024

Amended IN Senate April 29, 2024

Amended IN Senate March 18, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1306

Introduced by Senator Skinner

February 15, 2024

An act to add and repeal ~~Article 6.1 (commencing with Section 12098.30) of Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code,~~ Division 31.5 (commencing with Section 55000) of the Public Resources Code, relating to recycling.

LEGISLATIVE COUNSEL'S DIGEST

SB 1306, as amended, Skinner. Recycling: precious metals and critical minerals: report.

Existing law establishes the Governor’s Office of Business and Economic Development to serve the Governor as the lead entity for economic strategy and the marketing of California on issues relating to business development, private sector investment, and economic growth.
Existing law establishes in the California Environmental Protection Agency the Department of Resources Recycling and Recovery, which administers various solid waste management and recycling programs.

This bill would require the ~~office, in consultation with the Department of Resources Recycling and Recovery and the Department of Toxic Substances Control,~~ Department of Resources Recycling and Recovery to draft and submit a report to the Legislature on or before January 1, 2027, relating to the in-state collection, recycling, reuse, and stockpiling for domestic consumption of precious metals, critical minerals, as defined, and other similar valuable materials as reasonably decided by the ~~office,~~ department, contained within products in the state, as specified. The bill would require the ~~office~~ department to provide opportunities for public input and to perform outreach to potentially interested parties, as specified.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

The Legislature finds and declares all of the following:

(a) As a result of prior legislation, including Senate Bill 20 of the 2003–04 Regular Session (Sher), which enacted the Electronic Waste Recycling Act of 2003 (Chapter 526 of the Statutes of 2003), Assembly Bill 2440 of the 2021–22 Regular Session (Irwin), which enacted the Responsible Battery Recycling Act of 2022 (Chapter 351 of the Statutes of 2022), and Senate Bill 1215 of the 2021–22 Regular Session (Newman), which expanded the Electronic Waste Recycling Act of 2003 to include battery-embedded products (Chapter 370 of the Statutes of 2022), hundreds of thousands of cell phones, LED lights, fluorescent lights, computers, printers, televisions, batteries, battery-embedded products, and other forms of electronic waste are now being collected from California consumers and diverted from landfills.

(b) Many of these electronic waste items and other waste items contain critical materials, including rare earth elements (REEs). REEs are necessary for many green technologies, including electric vehicles, solar panels, and wind turbines. These green technologies are essential to meeting California’s climate goals and are essential to the world in helping to mitigate climate change.

(c) Currently, REEs are mined. According to the United States ~~Geologic~~ Geological Survey, about 70 percent of REEs come from China.

(d) The mining of REEs is energy intensive, relies on fossil fuels for extraction and shipping, and can be environmentally destructive to the communities where they are mined.

(e) Further, there is not enough inground supply of many REEs to meet demand. Researchers estimate that, “Among the leading global REE consumers—China, the European Union and the United States—China is projected to be the only nation capable of fulfilling its domestic demand....” (P. Wang, et al., “Regional Rare-Earth Element Supply and Demand Balanced with Circular Economy Strategies” (Jan. 4, 2024) 17 Nature Geoscience 94–102.)

(f) However, current research also reveals that recycling and reusing REEs from old cell phones, hard drives, electric motors, and turbines could meet as much as 40 percent of the demand for REEs in the United States, China, and Europe by 2050, and that the United States, the European Union, and Japan could eventually accumulate REE stockpiles in their old electronics and other products that far exceed what they would find mining the earth.

(g) Although California collects and recycles products containing REEs, collectors here do not extract this valuable material. Instead, components containing REEs are shipped to other countries, including Korea and Japan, for foreign entities to extract and reuse REEs in new products.

(h) Because REEs are combined with other materials in products, extracting REEs has historically been a highly toxic process. However, there are scientific breakthroughs being made to use nontoxic techniques so that REEs can be retained as part of a green, circular economy.

SEC. 2.Article 6.1 (commencing with Section 12098.30) is added to Chapter 1.6 of Part 2 of Division 3 of Title 2 of the Government Code, to read:
6.1.Critical Materials in the State
12098.30.
(a)On or before January 1, 2027, the office, in consultation with the Department of Resources Recycling and Recovery and the Department of Toxic Substances Control, shall draft and submit a report to the Legislature relating to the instate collection, recycling, reuse, and stockpiling for domestic consumption of precious metals, critical minerals, as defined by the 2022 list of critical minerals released by the United States Geological Survey, and other similar valuable materials as reasonably decided by the office, contained within products in the state.
(b)The office shall provide opportunities for public input and shall perform outreach to potentially interested parties, including, but not limited to, researchers, academics, scientists, the business community, manufacturers, and environmental organizations.
~~(c)The report shall discuss all of the following:~~
~~(1)The existing technologies and those under development to extract these precious metals, critical minerals, and other similar valuable materials from products.~~
~~(2)The benefits to California from recycling these materials in products sold and used in the state to facilitate the transition away from fossil fuels.~~
~~(3)The existence of current instate processes to extract and separate these materials, whether that extraction is being used on recycled consumer goods or in mining operations.~~
~~(4)The potential for revenue to the state in extracting and creating a stockpile of these materials for domestic manufacturing of green technology.~~
~~(5)The current barriers that need to be addressed to incentivize and create within California the ability to recycle and reuse these materials.~~
~~(6)Policy recommendations to further California’s ability to recycle and reuse these materials in products in California.~~
~~(d)(1) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.~~
~~(2)Pursuant to Section 10231.5 of the Government Code, this article is repealed on January 1, 2031.~~

SEC. 2.

Division 31.5 (commencing with Section 55000) is added to the Public Resources Code, to read:

DIVISION 31.5. Critical Materials in the State: Recycling
55000.
(a) On or before January 1, 2027, the department shall draft and submit a report to the Legislature relating to the in-state collection, recycling, reuse, and stockpiling for domestic consumption of precious metals, critical minerals, as defined by the 2022 list of critical minerals released by the United States Geological Survey, and other similar valuable materials as reasonably decided by the department, contained within products in the state. The department may perform this duty as part of its current duties, using current funding, to the extent feasible. The department may, but is not required to, consult with the Governor’s Office of Business and Economic Development or the Department of Toxic Substances Control to the extent that those agencies have relevant or useful information.
(b) The department shall provide opportunities for public input and shall perform outreach to potentially interested parties, including, but not limited to, researchers, academics, scientists, the business community, manufacturers, and environmental organizations.
(c) The report shall discuss all of the following:
(1) The existing technologies and those under development to extract these precious metals, critical minerals, and other similar valuable materials from products.
(2) The benefits to California from recycling these materials in products sold and used in the state to facilitate the transition away from fossil fuels.
(3) The existence of current in-state processes to extract and separate these materials, whether that extraction is being used on recycled consumer goods or in mining operations.
(4) The potential for revenue to the state in extracting and creating a stockpile of these materials for domestic manufacturing of green technology.
(5) The current barriers that need to be addressed to incentivize and create within California the ability to recycle and reuse these materials.
(6) Policy recommendations to further California’s ability to recycle and reuse these materials in products in California.
(d) (1) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
(2) Pursuant to Section 10231.5 of the Government Code, this division is repealed on January 1, 2031.