By Veena Clay May 19, 2015
For the past decade, states across the country have enacted e-waste legislation in an effort to address the lack of such legislation at the federal level. Each state has its own approach to confronting growing e-waste streams and the issues they create, though.
California has long been a pioneer in the area of e-waste legislation. Its advance recovery e-waste fee is the only one like it in the United States. Here’s a look at the background and details on the state’s ever-evolving e-waste law and policy.
SB 20: State Funds to Assist with E-cycling in California Communities
SB 20 was the
first bill enacted to set forward rules for the proper disposal of electronic waste and bring manufacturers, retailers and consumers closer to a responsible and safe approach to electronics recycling.1 The effort to put such legislation on the books was a long hard battle. Prior bills introduced in 2001 and 2002 were vetoed.
Modeled after the European Economic Union’s Product Stewardship Initiative, the purpose of SB 20 was to present recycling opportunities to consumers, stop illegal dumping of electronic waste and address the growing issues surrounding the amount of hazardous materials entering the municipal solid waste stream.
One of the main features of the legislation created a small manufacturer fee. All manufacturers must pay the fee before being allowed to sell covered electronic devices (CEDs) within the state without penalty. The fee, once collected, goes toward the state Electronic Recycling and Recovery Account where it is then used to fund state recycling programs. Manufacturers must pay the fee quarterly as well as submit annual reports on the number of electronic devices sold.
SB 50: The Electronic Waste Recycling Act
SB50 initially began as a bill to address safe bottled water, but its final amendments covered important aspects of notifying consumers and retailers about electronic devices known to be hazardous.2 In fact, SB50 gave new
requirements concerning e-waste for manufacturers, retailers and consumers. Under the bill, manufacturers are required to notify retailers when an electronic device contains a hazardous substance.
The bill also introduced the consumer fees for covered electronic devices. These apply when a consumer purchases a CED or a refurbished CED. Fees range from $6 dollars for a CED with screen size of less than 15 inches to $10 for a CED with screen size greater than 35 inches.
The Electronic Waste Recycling Fee
On January 1, 2005, retailers began collecting the Electronic Waste Recycling Fee, creating
an advanced fee system for e-waste recycling in the state.3 The California Department of Resources Recycling and Recovery (CalRecycle) maintains responsibility of the fee and annually evaluates it to maintain sufficient funding to administer the state’s e-waste legislation.
Retailers are permitted to keep three percent of the collected fee to cover the costs associated with collection. This fee system provides incentive for retailers to assist with the collection of end-of-life electronics at the consumer level. In June 2008, CalRecycle increased the fee to maintain the solvency of the funds that support e-waste recycling throughout the state.
CalRecycle and the Electronic Waste Recovery and Recycling Program
CalRecycle and the Department of Toxic Substances Control (DTSC) work together to implement regulations pertaining to the collection, recycling and proper disposal of e-waste. For instance, CalRecycle’s regulations require recyclers to register with the DTSC and submit an annual report on the amount and types of e-waste collected. This is known as the Electronic Waste Recovery and Recycling Program.
The program operates in a self-sustaining manner. Funds from manufacturers and consumers help cover the cost of certified recyclers throughout the state. The CalRecycle programs uses fees sent to the electronic Recycling and Recovery Account to facilitate collection, recycling and transportation of electronic waste, providing payments of 28 cents per pound of electronic waste to authorized recyclers as well as manufacturers with take back programs in place. Recyclers and take back manufacturers in turn collect and recycle electronics at locations throughout the state.
AB 2905: Cell Phone Take Back and Recycling
The Cell Phone Recycling Act of 2004 requires California’s cell phone retailers to take back and collect used cell phones. This take back model comes at no cost to the consumer. Because of this law, cell phones can be refurbished and reused, recycled or properly discarded in a safe legal manner through recycling centers all over the state.
AB 1125: Rechargeable Battery Recycling
Based on the same take back provision of the cell phone bill, AB 1125 created convenience and incentive for consumers to accept rechargeable batteries at no cost. The bill allows consumer to drop off end-of-life rechargeable batteries at statewide locations, where the batteries can either be recycled or sent for recycling at a subsequent location.
Landfill Disposal Ban
In addition to legislation addressing the advanced consumer recycling fees and payment systems for manufacturers, California has also enacted a landfill ban for electronic devices. Enacted in 2006, the ban covers computers, laptops, televisions, monitors, printers and various other forms of e-waste.
Continuing to Pioneer in E-waste Laws
California remains at the helm of e-waste conscious law and policy, enacting new bills to shape and hone its already forward thinking progress in this critical area. Other states have followed in suit, using California’s e-waste provisions as inspiration for their own legislative efforts. As the landscape of e-waste legislation continues to change, California remains one of the best positioned states to be a leader in e-waste law and policy.