Existing law prohibits the management of hazardous waste, except in accordance with the hazardous waste laws. Existing law requires the Department of Toxic Substances Control to regulate the management and disposal of hazardous waste. Under existing regulations, the department classifies a waste as hazardous waste if the waste exceeds certain total threshold limitation concentrations, which are established by the department for various substances, including barium. A violation of the hazardous waste laws is a crime.

This bill, except as specified, would provide that used, broken cathode ray tube (CRT) panel glass and processed CRT panel glass that exceeds the total threshold limit concentration only for barium is not a waste and is not subject to regulation by the department if that panel glass meets certain requirements. The bill would provide that used, broken CRT panel glass and processed CRT panel glass that is recycled is not subject to the departments regulations on the export of materials. The bill would prohibit the use of that CRT panel glass except in specified end uses. Because a violation of this requirement would be a crime, this bill would impose a state-mandated local program.

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.

Existing law prohibits the management of hazardous waste, except in accordance with the hazardous waste laws. Existing law requires the Department of Toxic Substances Control to regulate the management and disposal of hazardous waste. Under existing regulations, the department classifies a waste as hazardous waste if the waste exceeds certain total threshold limitation concentrations, which are established by the department for various substances, including barium. A violation of the hazardous waste laws is a crime.

This bill, except as specified, would provide that used, broken cathode ray tube (CRT) panel glass and processed CRT panel glass that exceeds the total threshold limit concentration only for barium is not a waste and is not subject to regulation by the department if that panel glass meets certain requirements. The bill would provide that used, broken CRT panel glass and processed CRT panel glass that is recycled is not subject to the departments regulations on the export of materials. The bill would prohibit the use of that CRT panel glass except in specified end uses. Because a violation of this requirement would be a crime, this bill would impose a state-mandated local program.

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.

Existing law prohibits the management of hazardous waste, except in accordance with the hazardous waste laws. Existing law requires the Department of Toxic Substances Control to regulate the management and disposal of hazardous waste. Under existing regulations, the department classifies a waste as hazardous waste if the waste exceeds certain total threshold limitation concentrations, which are established by the department for various substances, including barium. A violation of the hazardous waste laws is a crime.

This bill, except as specified, would provide that used, broken cathode ray tube (CRT) panel glass and processed CRT panel glass that exceeds the total threshold limit concentration only for barium is not a waste and is not subject to regulation by the department if that panel glass meets certain requirements. The bill would provide that used, broken CRT panel glass and processed CRT panel glass that is recycled is not subject to the departments regulations on the export of materials. The bill would prohibit the use of that CRT panel glass except in specified end uses. Because a violation of this requirement would be a crime, this bill would impose a state-mandated local program.

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.

Existing law prohibits the management of hazardous waste, except in accordance with the hazardous waste laws. Existing law requires the Department of Toxic Substances Control to regulate the management and disposal of hazardous waste. Under existing regulations, the department classifies a waste as hazardous waste if the waste exceeds certain total threshold limitation concentrations, which are established by the department for various substances, including barium. A violation of the hazardous waste laws is a crime.

This bill, except as specified, would provide that used, broken cathode ray tube (CRT) panel glass and processed CRT panel glass that exceeds the total threshold limit concentration only for barium is not a waste and is not subject to regulation by the department if that panel glass meets certain requirements. The bill would provide that used, broken CRT panel glass and processed CRT panel glass that is recycled is not subject to the departments regulations on the export of materials. The bill would prohibit the use of that CRT panel glass except in specified end uses. Because a violation of this requirement would be a crime, this bill would impose a state-mandated local program.

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.

Existing law prohibits the management of hazardous waste, except in accordance with the hazardous waste laws. Existing law requires the Department of Toxic Substances Control to regulate the management and disposal of hazardous waste. Under existing regulations, the department classifies a waste as hazardous waste if the waste exceeds certain total threshold limitation concentrations, which are established by the department for various substances, including barium. A violation of the hazardous waste laws is a crime.

This bill, except as specified, would provide that used, broken cathode ray tube (CRT) panel glass and processed CRT panel glass that exceeds the total threshold limit concentration only for barium is not a waste and is not subject to regulation by the department if that panel glass meets certain requirements. The bill would provide that used, broken CRT panel glass and processed CRT panel glass that is recycled is not subject to the departments regulations on the export of materials. The bill would prohibit the use of that CRT panel glass except in specified end uses. Because a violation of this requirement would be a crime, this bill would impose a state-mandated local program.

Existing law, the California Beverage Container Recycling and Litter Reduction Act, provides for the Department of Resources Recycling and Recovery to certify operators of recycling centers. Existing law requires certified recycling centers, when accepting an empty beverage container from a consumer, to pay the refund value.

This bill would authorize the department to revoke a certification of a certified recycling center found to be abandoned, as specified. The bill would provide an opportunity for a hearing on that revocation to be conducted in the same manner as a hearing for an applicant whose original application for certification is denied.

Existing law, the California Beverage Container Recycling and Litter Reduction Act, provides for the Department of Resources Recycling and Recovery to certify operators of recycling centers. Existing law requires certified recycling centers, when accepting an empty beverage container from a consumer, to pay the refund value.

This bill would authorize the department to revoke a certification of a certified recycling center found to be abandoned, as specified. The bill would provide an opportunity for a hearing on that revocation to be conducted in the same manner as a hearing for an applicant whose original application for certification is denied.

CONCURRENCE IN SENATE AMENDMENTS

CSA2 Bill Id:AB 1419

Author:(Eggman)

As Amended Ver:August 19, 2016

Majority vote

(vote not relevant)

(E.S. & T.M.)

Original Committee Reference: E.S. & T.M.

SUMMARY: Provides that used, broken cathode ray tube (CRT) panel glass and processed CRT panel glass that exceeds the total threshold limit concentration (TTLC) only for barium is not a waste and is not subject to regulation by the Department of Toxic Substances Control (DTSC) as a hazardous waste if that panel glass meets certain requirements. Permits the use of that CRT panel glass that exceeds the TTLC only for barium for specified end uses.

The Senate amendments delete the Assembly version of the bill, and instead:

1. Define "cathode ray tube" or "CRT" as a vacuum tube or picture tube used to convert an electrical signal into a visual image, and define "CRT device" as any electronic device that contains one or more CRTs including, but not limited to, computer monitors, televisions, cash registers, and oscilloscopes.
2. Provide that used, broken CRT panel glass that exceeds the total threshold limit concentration (TTLC) only for barium is not a waste and is not subject to regulation by DTSC, including the prohibition on the use of that glass in a manner constituting disposal, if it is recycled and meets DTSC regulatory requirements.
3. Provide that CRT panel glass without phosphor that exceeds the TTLC only for barium is not a waste and is not subject to regulation by DTSC, including the prohibition on the use of that glass in a manner constituting disposal, if that glass meets state and federal regulatory requirements.
4. Authorize CRT panel glass meeting the aforementioned requirements and is recycled may be used only for 12 specified end uses.
5. Authorize DTSC to prohibit any previously authorized end use of CRT panel glass if DTSC determines that the end use potentially poses environmental or public health harm. Require DTSC to notify the recyclers of the prohibition at least 60 days prior to the effective date of the prohibition.
6. State that used, broken CRT panel glass and processed CRT panel glass that exceeds the TTLC only for barium and that is recycled is not subject to any requirement regarding export of materials.
7. Notwithstanding the barium threshold, state that this bill does not affect, in any manner, the regulations adopted regulating the processing of CRT panel glass for disposal. State that this bill does not affect the identification or classification of a waste that is derived from the twelve end use products listed.
8. Prohibit the exemptions in the bill from applying to any CRT panel glass that is used to manufacture any product or packaging intended to be used for food or food products for which DTSC declares that that use may have a potential adverse impact upon human health.

AS PASSED BY THE ASSEMBLY, this bill authorized CalRecyle, under specified conditions, to revoke the certification of a recycling center certified under the California Beverage Container Recycling and Litter Reduction Act.

FISCAL EFFECT: According to the Senate Appropriations Committee, enactment of this bill could result in approximately $85,000 (Electronic Waste Recovery and Recycling Account) for two years for DTSC to develop regulations, and minor, if any, costs to the CalRecycle.

COMMENTS:

Need for the bill: According to the author, new liquid crystal display (LCD) and light-emitting diode technology for televisions and monitor screens has taken over the market and demand for old-fashioned CRT devices has dropped dramatically. The end use market for CRT glass generated from recycling scrap CRTs has dried up and recyclers across the nation are struggling with what to do with the glass. Complicating the issue even further is that that the world's last CRT manufacturer, which recycled as much as 57% of the CRT funnel and panel glass generated in the country, announced that it would discontinue CRT production this year, eliminating one of the last outlets for this material. That has left many recyclers resorting to stockpiling this material in hopes of finding new outlets in the future. The author's intent with this bill is to reduce the environmental risk inherent in the stockpiling and export of used monitors by reducing regulatory hurdles in order to create a recycling framework for CRT panel glass.

Cathode Ray Tubes (CRT): CRTs are the video display components of televisions and computer monitors. Barium oxide is used in CRTs to provide radiation protection in the neck and funnel.

Barium: According to the Centers for Disease Control and Prevention, barium has been found to potentially cause gastrointestinal disturbances and muscular weakness when people are exposed to it at low levels. Barium oxide is also a skin irritant. However, it is more dangerous when ingested. It can cause nausea, diarrhea, muscle paralysis, cardiac arrhythmia, and can cause death. When a waste exceeds the TTLC limits for barium, it is classified as hazardous. For CRT glass, the barium limit is 10,000 mg/kg.

E-Waste recycling in California: SB 20 (Sher), Chapter 526, Statutes of 2003, known as the Electronic Waste Recycling Act (EWRA) of 2003, was enacted to eliminate electronic waste stockpiles and legacy devices, including waste CRT devices and CRTs, by providing a comprehensive and innovative system for their reuse, recycling, and proper and legal disposal.

CRTs have largely been superseded by newer display technologies such as LCD and plasma essentially making CRT-based computer monitors and televisions a dying technology.

Approximately 200 million pounds of TVs are recycled annually in California. About half of those include CRTs, which means California's e-waste recycling program has generated more than 100 million pounds of residual CRT glass annually since it began operation in 2005.

A key component of the EWRA has been a requirement that the derived CRT glass be shipped to a destination authorized to further treat that material, under the assumption (and implicit hazardous waste management requirement) that the material would eventually find an appropriate recycling application. Additionally, some of the fee revenue collected under EWRA goes to recyclers in the form of grants for the specific purpose of recycling CRT glass.

The reduced demand for CRTs has diminished the number of operating lead smelters and glass-to-glass recyclers accepting CRTs. Today, there is only one lead smelter in the United States and one glass-to-glass recycler, Videocon, located in India. Absent recyclers to ship collected CRTs to, e-waste recyclers are estimated to be stockpiling 17 million pounds of CRT glass in California. It's highly likely that the 17 million figure is artificially low, as a condition of receiving grant funds from CalRecycle restricts the storage of CRT glass to no more than one year, so those who are stockpiling CRT glass past one year are likely underreporting how much is being stored.

One remedy to the problem is to identify, or clarify safe and viable end uses for CRTs. Aside from televisions, products that CRTs could be recycled into and used as feedstock for include those listed in the bill. The current regulatory structure does not permit CRT glass to be recycled into the uses listed in the bill.

DTSC regulations: DTSC regulates the management of waste CRTs if they contain lead and/or barium, which would cause the CRTs to be hazardous waste. DTSC's waste regulations required that CRT glass be sent only to a CRT glass manufacturer or a primary or secondary lead smelter for recycling, which limited the potential for CRT recycling.

To encourage proper management of CRTs and CRT glass and improve the overall effectiveness of the EWRA, DTSC adopted emergency regulations in 2012 and re-adopted them in 2014 to expand the options for the ultimate disposition of CRTs and CRT glass. The regulations were intended to add new disposition options including disposal and other types of recycling (other than CRT glass manufacturing and lead smelting) and attempt to identify and allow new/viable recycling options. According to the author, this regulatory scheme has proven difficult for recyclers to implement, and hasn't created sufficient viable pathways for this material.

End uses for exempted CRT glass: This bill specifies eight end uses for which CRT glass qualified under this bill can be recycled and used for include:

1. Tiles, including floor or wall tiles;
2. Fiberglass;
3. Radiation shielding glass;
4. Decorative glass;
5. Bricks;
6. Cast concrete;
7. Blasting media;
8. Construction block; and,
9. Any other end uses identified by DTSC, in consultation with CalRecycle, that pose no risk to the public health and safety.

The intent of this section of the bill is to clarify specific options that CRT glass can be recycled into in California, which would create a market for CRT glass and prevent further stockpiling.

Senate amendments: This bill was substantially amended in the Senate and the Assembly-approved version of this bill was deleted. This bill, as amended in the Senate, is inconsistent with Assembly actions and the provisions of this bill, as amended in the Senate, have not been heard in an Assembly policy committee.

Analysis Prepared by: Paige Brokaw / E.S. & T.M. / (916) 319-3965 FN: 0004946

Date of Hearing: August 25, 2016

ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS

Luis Alejo, Chair

ABPCA Bill Id:AB 1419 (

Author:Eggman) – As Amended Ver:August 19, 2016

SUBJECT: Hazardous waste: cathode ray tube glass

SUMMARY: Provides an exemption for used, broken cathode ray tube (CRT) panel glass and processed CRT panel glass from the total threshold limit concentration (TTLC) only for barium. Specifically, this bill:

1. Defines “cathode ray tube” or “CRT” as a vacuum tube or picture tube used to convert an electrical signal into a visual image, and define “CRT device” as any electronic device that contains one or more CRTs including, but not limited to, computer monitors, televisions, cash registers, and oscilloscopes.
2. Provides that used, broken CRT panel glass that exceeds the total threshold limit concentration (TTLC) only for barium is not a waste and is not subject to regulation by DTSC, including the prohibition on the use of that glass in a manner constituting disposal, if it is recycled and meets DTSC regulatory requirements.
3. Provides that CRT panel glass without phosphor that exceeds the TTLC only for barium is not a waste and is not subject to regulation by DTSC, including the prohibition on the use of that glass in a manner constituting disposal, if that glass meets state and federal regulatory requirements.
4. Authorizes CRT panel glass meeting the aforementioned requirements and is recycled may be used only for eight specified end uses.
5. Authorizes DTSC to prohibit any previously authorized end use of CRT panel glass if DTSC determines that the end use potentially poses environmental or public health harm. Requires DTSC to notify the recyclers of the prohibition at least 60 days prior to the effective date of the prohibition.
6. States that used, broken CRT panel glass and processed CRT panel glass that exceeds the TTLC only for barium and that is recycled is not subject to any requirement regarding export of materials.
7. States that this bill, notwithstanding the barium threshold, does not affect, in any manner, the regulations adopted regulating the processing of CRT panel glass for disposal. States that this bill does not affect the identification or classification of a waste that is derived from the eight end use products listed.
8. Prohibits the exemptions in the bill from applying to any CRT panel glass that is used to manufacture any product or packaging intended to be used for food or food products for which DTSC declares that that use may have a potential adverse impact on human health.

EXISTING LAW:

1. Excludes used CRTs and CRT glass from the hazardous waste regulations under the federal Resource Conservation and Recovery Act (RCRA). (40 Code of Federal Regulations 261.4(a)(22))
2. Establishes the Electronic Waste Recycling Act of 2003 (EWRA) 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. Requires DTSC and Department of Resources, Recovery and Recycling (CalRecycle) to jointly establish and implement an electronics waste (e-waste) recycling program pursuant to EWRA. (Public Resources Code (PRC) § 42460, et seq.)
3. Requires all covered electronic waste (CEW), including any residuals from the processing of the waste, to be handled in compliance with all applicable statutes and regulations. (PRC§ 42476 (f) (2))
4. Prohibits the disposal of hazardous waste in a solid waste landfill and specifies requirements for the proper handling, transportation, treatment and disposal of hazardous waste, except as exempted or otherwise classified by law and regulation. (Health and Safety Code (H&S) § 25148.5)
5. Authorizes DTSC to adopt, by regulation alternative management standards for disposal of a hazardous waste that would be classified as hazardous solely because it exceeds TTLC. (H&S § 25141.5)
6. Authorizes DTSC to exclude some recyclable materials from classification as a waste. (H&S § 25143.2)

FISCAL EFFECT: According to the Senate Appropriations Committee, enactment of this bill could result in approximately $85,000 (Electronic Waste Recovery and Recycling Account) for two years for DTSC to develop regulations, and minor, if any, costs to CalRecycle.

COMMENTS:

Need for the bill: According to the author, new liquid crystal display (LCD) and light-emitting diode technology for televisions and monitor screens has taken over the market and demand for old-fashioned CRT devices has dropped dramatically. The end-use market for CRT glass generated from recycling scrap CRT’s has dried up and recyclers across the nation are struggling with what to do with the glass. Complicating the issue even further is that that the world’s last CRT manufacturer, which recycled as much as 57% of the funnel and panel glass generated in the country, announced that it would discontinue CRT production this year, eliminating one of the last outlets for this material. That has left many recyclers resorting to stockpiling this material in hopes of finding new outlets in the future.

The author contends that the regulatory pathway for using these end markets has not been clearly developed for non-leaded CRT panel glass. The uncertainty leaves recyclers afraid to do anything other than landfill or stockpile this material, even though it was collected for recycling.

The author's intent with AB 1419 is to reduce the environmental risk inherent in the stockpiling and export of used monitors by creating a recycling framework for CRT panel glass.

Cathode Ray Tubes (CRT): CRTs are the video display components of televisions and computer monitors. CRTs have relatively high concentrations of lead and phosphors, both of which are necessary for the display.

CRTs are made from two types of glass joined by a high lead glass solder known as frit (glaze for ceramic tile). The screen glass (panel glass) is typically lead-free. The rear part of the CRT known as funnel glass contains around 20% lead and the glass frit contains up to 90% lead. The glass in CRTs typically contains enough lead to require managing it as hazardous waste under certain circumstances. Barium oxide is used in CRTs to provide radiation protection in the neck and funnel.

Barium: According to the Centers for Disease Control and Prevention, barium has been found to potentially cause gastrointestinal disturbances and muscular weakness when people are exposed to it at low levels. Barium oxide is also a skin irritant. If it contacts the skin or the eyes or is inhaled it causes pain and redness. However, it is more dangerous when ingested. It can cause nausea, diarrhea, muscle paralysis, cardiac arrhythmia, and can cause death.

California has established a procedure with set limits for hazardous waste characterization to identify levels of hazardous characteristics, such as barium. When a waste exceeds the TTLC limits for barium, it is classified as hazardous. For CRT glass, the barium limit is 10,000 mg/kg.

E-Waste recycling in California: SB 20 (Sher, Chapter 526, Statutes of 2003), known as the Electronic Waste Recycling Act (EWRA) of 2003, was enacted to eliminate electronic waste stockpiles and legacy devices, including waste CRT devices and CRTs, by providing a comprehensive and innovative system for their reuse, recycling, and proper and legal disposal. The EWRA established a statewide program to promote and fund the collection and recycling of hazardous electronic devices beginning July 1, 2004. Under EWRA, retailers collect an advance recycling fee on covered electronic devices at the time of purchase.

CRTs have largely been superseded by newer display technologies such as LCD and plasma. Although a mainstay of display technology for decades, CRT-based computer monitors and televisions are essentially a dying technology. The demand for CRT screens has dropped precipitously since 2000, and this falloff has accelerated since then. The rapid advances and falling prices of LCD flat panel technology, first for computer monitors and then for televisions, has been the key factor in the demise of competing display technologies such as CRT, rear-projection, and plasma display.

Approximately 200 million pounds of TVs are recycled annually in California. About half of those include CRTs, which means California’s e-waste recycling program has generated more than 100 million pounds of residual CRT glass annually since it began operation in 2005.

A key component of the EWRA has been a requirement that the derived CRT glass be shipped to a destination authorized to further treat that material, under the assumption (and implicit hazardous waste management requirement) that the material would eventually find an appropriate recycling application.

The reduced demand for CRTs has diminished the number of operating lead smelters and glass-to-glass recyclers accepting CRTs. Today, there is only one lead smelter in the United States and one glass-to-glass recycler, Videocon, located in India. Absent recyclers to ship collected CRTs to, e-waste recyclers are estimated to be stockpiling 17 million pounds of CRT glass in California. It is highly likely that the 17 million figure is artificially low, as state and federal regulations prohibit storage of hazardous materials for more than one year, so many who are stockpiling CRT glass are likely underreporting how much is being stored.

One remedy to the problem is to identify, or clarify legally approved end uses for CRTs. Aside from televisions, products that CRTs could be recycled and used as feedstock for include those listed in the bill.

Creating regulatory pathways to recycle CRT glass in California is in line with the intent of the EWRA, and consistent with the expectations of California consumers who pay a recycling fee on all covered electronic devices and expect that they get recycled.

DTSC regulations: DTSC's regulations prior to 2014 authorized treatment of CRT devices and CRTs pursuant to specified standards, which require that a universal waste handler who treats CRTs shall "treat CRTs only for the purpose of recycling one or more types of CRT glass and ensure that all the CRT glass is reclaimed at a CRT glass manufacturer or at a primary or secondary lead smelter." Consequently, a person may not treat CRTs to generate CRT glass using the treatment methodologies if the purpose of the treatment is for recycling the CRT glass by means other than at a CRT glass manufacturer or at a primary or secondary lead smelter or for disposal.

DTSC has acknowledged that its universal waste regulations required that CRT glass be sent only to a CRT glass manufacturer or a primary or secondary lead smelter for recycling, which limited potential for CRT recycling given the lack of facilities that accepted CRT glass.

Therefore, CRT glass generated pursuant to DTSC’s regulations prior to 2014 led to CRT and CRT glass stockpiling. Consequently, millions of pounds of hazardous waste CRTs and CRT glass either remain at locations across California or have been shipped out of state, potentially for unauthorized use or disposal. Additionally, due to the loss of a viable CRT manufacturing market, which currently only exists overseas (only one CRT manufacturer is currently operating worldwide), over the last 2 years, CRT glass exported out of California is most likely not being recycled consistent with DTSC’s current universal waste regulations.

To encourage proper management of CRTs and CRT glass and improve the overall effectiveness of the EWRA, DTSC adopted emergency regulations in 2012 and re-adopted them in 2014 to expand the options for the ultimate disposition of CRTs and CRT glass.

The regulations were intended to add new disposition options including disposal and other types of recycling (other than CRT glass manufacturing and lead smelting) and attempt to identify and allow new/viable recycling options.

According to the author, this regulatory scheme has proven difficult for recyclers to implement, and hasn’t created sufficient viable pathways for this material. The author states, "the current California regulations limit the options for recycling leaded funnel glass to smelting, glass to glass recycling for the production of new CRTs (currently only done by one company in India), or landfill disposal. Although non-leaded panel glass should be available for many other uses, the regulatory pathway for using these end markets has not been clearly developed."

End uses for exempted CRT glass: According to Kleen Blast Abrasives, an industrial byproduct and recycled product manufacturer in Danville, CA, "Because there is no list of alternative approved recycling options or destinations, recyclers must make their own determination and are thus are at risk of being deemed out of compliance and found in violation of the hazardous waste regulations by DTSC for which they could be assessed a large fine. Even worse, a regulatory violation is very damaging to a recycler’s reputation." Therefore, according to Kleen Blast Abrasives and other CRT recyclers in the industry, it is important that California enact laws that achieve the objective of providing legitimate recycling outlets for electronic waste and CRT glass in order to prevent these materials from being stockpiled and/or landfilled if recycling options cannot be located.

The bill specifies eight uses for which CRT glass qualified under this bill is recycled and can be used, including:

1. Tiles, including floor or wall tiles;
2. Fiberglass;
3. Radiation shielding glass;
4. Decorative glass;
5. Bricks;
6. Cast concrete;
7. Blasting media;
8. Construction block; and,
9. Any other end uses identified by DTSC, in consultation with CalRecycle, that pose no risk to the public health and safety.

The intent of this section of the bill is to clarify specific options that CRT glass can be recycled into in California, which would create a market for CRT glass to make use of a material that can be made into useful products and prevent further stockpiling.

Ensuring the safety of the presence of barium in the final products: The United States Environmental Protection Agency (US EPA) requires a Toxicity Characteristic Leaching Procedure (TCLP) test, which is a chemical analysis that simulates leaching in landfill conditions. The test is used to determine if a waste is characteristically hazardous and whether it would leach hazardous constituents in extreme conditions. While California enforces the federal TCLP regulations concerning toxicity, it applies an additional set of leaching procedures, called the Total Threshold Limit Concentration (TTLC).

The TTLC is used when determining the hazardous waste characterization under California state regulations. Specifically, the TTLC analysis identifies the presence of the hazardous constituent and determines the total concentration of the constituent.

The Soluble Threshold Limit Concentration (STLC) test, like the TCLP test, is a leaching test intended to simulate the conditions that may be present in a landfill where water may pass through the landfill waste and travel into the groundwater, carrying the soluble materials with it. Testing leachability is important because the total content level of a constituent, like barium, is not always indicative of the soluble amount of the constituent that will leach.

AB 1419 is exempting cleaned CRT glass from the TTLC requirement, but CRT glass would still be required to pass the federal TCLP test for leachability. If the CRT glass passes the TCPL test, the barium cannot be liberated from the glass; in other words, the test indicates that the barium cannot be released from the CRT glass and into the environment. The leachability is the primary concern, and that testing protocol will still be maintained. 

Will end products be hazardous products, too? If those end use products – reflective glass beads, bricks, insulation, etc. – are made with barium-containing CRT glass, those products would eventually become a hazardous waste. The challenge is knowing that information at the time of disposal.

In addition to testing in accordance with US EPA requirements for leachability (which would provide protections for workers in the manufacturing process), manufactures are required to conduct and create a Material Safety Data Sheet (MSDS) for all products that they manufacture with information regarding the levels of constituents in the products they produce.  Wholesalers and distributors are required to provide a copy of the MSDS with the products that they sell to all of their customers. Therefore, any information on barium levels will be provided to the consumer. However, the individual or company removing or demolishing any facility with these products and responsible for the waste may have no way of knowing that the waste, in fact, contains high levels of barium unless a test is conducted.

What about the CRT market across the county? CRT glass and used CRTs that are recycled or exported for recycling are not considered solid or hazardous waste under the Resource Conservation and Recovery Act (RCRA) if certain conditions are met (40 Code of Federal Regulations 261.4(a)(22)).

However, under Section 2006 of RCRA, individual states can be authorized to administer and enforce their own hazardous waste programs in lieu of the federal program. RCRA authorizes California to promulgate regulatory requirements that are more stringent than the federal regulatory requirements. As such, California has approved stronger standards for CRT recycling, and is the only state that regulates CRT glass as hazardous waste when recycled, giving CRT collectors in California a stricter standard that the rest of the nation.

Despite the federal lenience for CRT recycling afforded to the other states without more state-specific regulation, California CEW collectors cannot ship CRT devices/CRT glass to those other state's markets because of an EWRA requirement, pursuant to Public Resources Code § 42476 (f)(2), that the collected materials must be managed in accordance with California hazardous waste laws. Absent the glass-to-glass recycler in India accepting feedstock, this leaves California CEW collectors stuck with finding recycling options in-state.

However, several companies have indicated they would be consumers of CRT glass if AB 1419 is approved.

Kleen Blast Abrasives would have a capacity to purchase and use between 5,000 and 15,000 tons of CRT glass per year. Fireclay also indicated it could use upwards of 1,000 tons of CRT glass per year.

While the intent of AB 1419 is to stimulate a CRT glass recycling market in California, it would also serve to shake-up the current stockpiles of CRT glass. CAMACHO, a glass recycling company in Spain, currently accepts CRT glass from at least 15 US states, but not California because of the prohibition on exporting. CAMACHO has stated it has capacity to accept and manage approximately 240 million pounds of glass per year, and could likely accept more than 60 million pounds of CRT glass from California e-waste recyclers should AB 1419 become law loosening the TTLC noose on the CRT glass market.

Senate amendments: This bill was substantially amended in the Senate and the Assembly approved version of this bill was deleted. This bill, as amended in the Senate, is inconsistent with Assembly actions and the provisions of this bill, as amended in the Senate, have not been heard in an Assembly policy committee.

REGISTERED SUPPORT / OPPOSITION:

Support

Californians Against Waste – sponsor

All eWaste, Inc.

Association of California Recycling Industries

Cali Resources, Inc.

California Association of Local Conservation Corps

California Electronic Asset Recovery

California League of Conservation Voters

Cal Micro Recycling

Ecology Action

ECS Refining

Electronic Recyclers International

E-Recycling of California

Environmental Working Group

Fireclay Tile

Institute of Scrap Recycling Industries (ISRI), West Coast Chapter

Kleen Blast Abrasives

Marin County Hazardous & Solid Waste Management Joint Powers Authority

Napa Recycling & Waste Services

Northern California Recycling Association (NCRA)

Rural County Representatives of California (RCRC)

Sonoma County AB 939 Local Task Force

Sonoma County Waste Management Agency

Stopwaste

Technologies Displays Americas, LLC

Tycoon Materials, Inc. DBA Happy Recyclers 

Opposition

None on file.

Analysis Prepared by: Paige Brokaw / E.S. & T.M. / (916) 319-3965

 THIRD READING  

Bill No: AB 1419

Author:

:

Vote:

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 6/29/16

AYES: Wieckowski, Gaines, Bates, Hill, Jackson, Leno, Pavley

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/1/16

AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

ASSEMBLY FLOOR: 74-0, 5/22/15 (Consent) - See last page for vote

SUBJECT:

SOURCE: Californians Against Waste

DIGEST: This bill provides that certain cathode ray tube (CRT) panel glass is not subject to Department of Toxic Substances Control (DTSC) regulation as hazardous waste if it meets certain requirements. This bill also permits the use of that CRT panel glass for specified end uses, and allows DTSC to designate additional end uses or to prohibit a previously designated end use if it poses potential environmental or public health harm.

Senate Floor Amendments of 8/19/16 remove automotive glass, reflective glass beads and foam glass insulation as specified allowed uses of recycled CRT glass that exceed state thresholds for barium and add Senator Leyva as a coauthor.

ANALYSIS:

Existing law:

1. Prohibits the disposal of hazardous waste in a solid waste landfill and specifies requirements for the proper handling, transportation, treatment and disposal of hazardous waste, except as exempted or otherwise classified by regulation.
2. Requires DTSC to regulate and enforce federal and state hazardous waste laws.
3. Requires the Department of Resources, Recovery and Recycling (CalRecycle) to regulate and enforce California laws relating to solid waste including disposal, recycling and composting.
4. Establishes the Electronic Waste Recycling Act of 2003 (EWRA) 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). CEDs that are discarded are considered covered electronic waste (CEW). As defined by EWRA, a CED is a video display device containing a screen greater than four inches, measured diagonally including:
   1. CRT containing devices (CRT devices).
   2. CRTs.
   3. Computer monitors containing cathode ray tubes.
   4. Laptop computers with liquid crystal display (LCD).
   5. LCD containing desktop monitors.
   6. Televisions containing cathode ray tubes.
   7. Televisions containing LCD screens.
   8. Plasma televisions.
   9. Portable DVD players with LCD screens.
5. 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.
6. Provides for payments to CEW collectors and recyclers for costs associated with collecting and recycling CEW that has been generated in the state.
7. Requires DTSC and CalRecycle to jointly establish and implement an electronics waste (e-waste) recycling program pursuant to EWRA.

This bill:

1. Provides that used broken CRT panel glass and processed CRT panel glass that exceeds the total threshold limit concentration (TTLC) only for barium is not a waste and is not subject to regulation by DTSC as a hazardous waste if that panel glass meets certain requirements.
2. Permits the use of that CRT panel glass that exceeds the TTLC only for barium for specified end uses.
3. Authorizes DTSC to designate additional end uses or to prohibit a previously designated end use if it poses potential environmental or public health harm.

Background

1. E-waste. The term “e-waste” is loosely applied to consumer and business electronic equipment that is near or at the end of its useful life. There is no clear definition for e-waste; for instance whether or not items like microwave ovens and other similar “appliances” should be grouped into the category has not been established. Certain components of some electronic products contain materials that render them hazardous, depending on their condition and density. For instance, California law currently views nonfunctioning CRTs from televisions and monitors as hazardous.
2. EWRA. In 2001, DTSC determined that CRT screens are hazardous, and as such, must be managed as hazardous waste when disposed. In response to this determination, the Legislature enacted SB 20 (Sher, Chapter 526, Statutes of 2003) and amended by SB 50 (Sher, Chapter 863, Statutes of 2004), establishing EWRA 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. EWRA imposes a fee on every consumer at the point of sale. The Board of Equalization deposits the fee revenue into the Electronic Waste and Recovery and Recycling Account, which may be spent solely for activities that relate to reuse, recycling, and proper disposal.

Today, over a dozen years later, new CRT devices are no longer being consumed in any appreciable amount in the developed world. In fact, it is unclear where and in what quantity new CRTs are being fabricated for assembly into video devices. Processed CRT glass from the West is being shipped to India at a cost ranging from $100 and $200 per ton. Reportedly only three large metal smelters in North America will accept leaded CRT glass, though their capacity and demand for CRT glass is limited. Long-promised new lead extraction technologies for high-lead content funnel glass are still being developed, with questions remaining about throughput and longevity.

A viable alternative large-scale application for low-leaded residual panel glass (which contains barium oxide for optical properties and radiation shielding) that conforms to California’s hazardous waste management rules has not been identified.

For the past several years, California’s CEW recycling program has generated approximately 100 million pounds of residual CRT glass annually, though volumes appear to be beginning to decline. A key component of the CEW recycling program has been a requirement that the derived residual CRTs and/or CRT glass be “shipped” to a destination authorized to further treat that material, under the assumption (and universal waste management requirement) that the material would eventually reach an appropriate recycling application. With the use of intermediate facilities and foreign destinations, it is becoming increasingly difficult to ensure when, where, and whether residual CRT glass has achieved an appropriate disposition.

Universal waste management rules applicable to residual CRT glass handling and treatment have generally recognized new CRT manufacturing and lead smelting as the only appropriate ultimate recycling dispositions for CRT glass.

However, neither of these end-uses currently occurs within the state of California. Early program participants generally shipped glass to North American smelters or to glass processors for beneficiation prior to its subsequent marketing to overseas CRT manufacturers. As more volume of CEW was recovered and processed, a larger proportion of derived CRT glass was ostensibly sent toward the so-called “glass-to-glass” market (e.g., CRT manufacturing), either directly or through processors. This practice was influenced by accessibility and price, even as the global production and sale of CRT devices rapidly declined.

By mid-2009, approximately 75% of residual CRTs and/or CRT glass was being shipped to Mexican processors. However, in the fourth quarter of 2009, access to Mexican CRT glass processors was interrupted for nearly a year. Because CEW recyclers are required to ship CRT glass to a destination “authorized to receive and further treat” the glass prior to filing CEW recycling claims, this interruption caused the volume of claimed CEW to decrease dramatically while recyclers searched for alternative outlets for CRT glass. A couple of recyclers pursued establishing their own in-state CRT processing capabilities, while other enterprises started or offered capacities out-of-state.

The requirement to “ship” CRT glass has been interpreted by CalRecycle as meaning that the glass be moved off-site from the facility where the CEW was cancelled and the treatment residual generated. This interpretation has been supportive of universal waste accumulation time limits by discouraging onsite storage. As ready access to ultimate disposition options became more uncertain, and as the price charged by out-of-state processors increased, more recyclers pursued interest in establishing their own in-state, off-site processing capabilities (or at least authorizations) to fulfill treatment residual shipping criteria. While this would allow CEW recycling payment claims to be submitted with regularity, it did not create new end markets for CRT glass.

Current markets for residual CRTs and CRT glass are limited. Access to traditional lead smelting is reportedly difficult, with only one facility in the U.S. (Doe Run, Missouri).

1. Future CRT Management. CRT glass can be loosely categorized into leaded glass and non-leaded glass. Sometimes this is referred to as “funnel glass” and “panel glass” respectively, but such classification can be misleading since the panel glass of some CRTs also contains lead. And even so-called non-leaded glass contains other toxic metals, such as barium, at levels that create environmental and regulatory concern, particularly under current California hazardous waste law. The ability to effectively identify, separate, characterize, process, and test residual CRT glass will be critical to future management options.

New lead extraction technologies reportedly are emerging that may be more efficient than traditional smelting. Facilities in AZ, OH, TX, NY, and VA utilizing these new technologies are in differing stages of development but not in production-scale operation. Alternative applications also have been reported for non-leaded CRT glass, such as in building materials, tile, insulation, aggregate, proppant, industrial abrasives, reflective coatings, and fill.

However CalRecycle is not aware of any alternative production-scale applications in the United States that have been demonstrated to and evaluated by DTSC and found to constitute an ultimate disposition that would warrant inclusion in the list of uses allowed under universal waste rules. Nor is CalRecycle aware of any proposed use for non-leaded CRT glass that has secured formal concurrence from DTSC as an excluded recyclable material.

1. Barium Oxide. Barium is a silvery white metal that is used in CRTs to provide radiation protection in the neck and funnel.

Barium oxide is an irritant. If it contacts the skin or the eyes or is inhaled it causes pain and redness. However, it is more dangerous when ingested. It can cause nausea and diarrhea, muscle paralysis, cardiac arrhythmia, and can cause death. If ingested, medical attention should be sought immediately. Barium oxide should not be released environmentally; it is harmful to aquatic organisms. In California barium oxide is a hazardous waste because of its toxic characteristics.

Comments

1. Purpose of Bill. According to the author, new LCD and LED technology for televisions and monitor screens has taken over and demand for old-fashioned CRT devices has dropped dramatically. The end-use market for CRT glass generated from recycling scrap CRT’s has dried up and recyclers across the nation are struggling with what to do with the glass. Many have even resorted to stockpiling this material in hopes of finding new outlets in the future.

The author states that in response to this impending crisis, DTSC adopted Emergency Regulations that allowed this material to be recycled or disposed of under certain conditions in 2012. However, this regulatory scheme has proven difficult for recyclers to implement, and hasn’t created sufficient viable pathways for this material.

The process of recycling scrap CRT monitors and televisions produces three different types of glass: funnel glass, which contains high levels of lead, and low and non-leaded panel glass which contains very low concentrations of lead, or no lead at all. The current regulations limit the options for recycling leaded funnel glass to smelting, glass to glass recycling for the production of new CRTs (currently only done by one company in India), or landfill disposal. Although non-leaded panel glass should be available for many other uses, the regulatory pathway for using these end markets has not been clearly developed.

The authors argues, complicating the issue even further is that the world’s last CRT manufacturer, which recycled as much as 57% of the funnel and panel glass generated in the country, announced that it would discontinue CRT production in the coming months, eliminating one of the last outlets for this material.

1. CalRecycle. CalRecycle published a paper in May, 2015, entitled, “Electronic Waste Recycling Stakeholder Workshop” stating “As the CEW recycling system moves forward, consideration must be given to the availability of viable CRT glass markets and alternatives, the anticipated lifespan of those markets and the available supply of feedstock, and the environmental impacts associated with moving the glass to those markets versus other management options. Furthermore, while markets in far-off geographic areas may exist today, the economic ripples resulting from use of those markets should be a factor in any policy assessment. Does the fact that California recyclers pay to send CRT glass to certain downstream recipients artificially subsidize the continued consumption of hazardous inputs, prolonging the use of that material in products that will ultimately be disposed elsewhere, while potentially and simultaneously suppressing the development of local recycling infrastructure in certain destination countries?

“The fact that the ultimate disposition of essentially all residual CRT glass currently occurs beyond California’s borders, and in a timeframe that makes the effective monitoring of that disposition problematic, suggests policies that ensure more certain fates closer to home should be considered.”

Prior Legislation

SB 20 (Sher, Chapter 526, Statutes of 2003) enacts the Electronic Waste Recycling Act of 2003 to provide for the convenient recycling of CEDs in California: requiring every retailer or manufacturer that sells covered devices collect a fee on each which was to be used for the regulation and proper handling and recycling or disposal of covered devices.

SB 50 (Sher, Chapter 863, Statutes of 2004) makes clarifying changes to SB 20.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, this bill will cost approximately $85,000 (Electronic Waste Recovery and Recycling Account) for two years for DTSC to develop regulations and has minor, if any, costs to CalRecycle.

SUPPORT: (Verified 8/3/16)

Californians Against Waste (source)

All eWaste, Inc.

Association of California Recycling Industries

Cali Resources, Inc.

California Association of Local Conservation Corps

California Electronic Asset Recovery

California League of Conservation Voters

Ecology Action

ECS Refining

Electronic Recyclers International, Inc.

Environmental Working Group

Fireclay Tile

Institute of Scrap Recycling Industries, West Coast Chapter

Kleen Blast Abrasives

Marin County Hazardous and Solid Waste Management Joint Powers Authority

Napa Recycling and Waste Services

Northern California Recycling Association

Rural Counties Representatives of California

Sonoma County AB 939 Local Task Force

Sonoma County Waste Management Agency

StopWaste

Technologies Displays Americas, LLC.

Tycoon Materials, Inc. DBA Happy Recyclers

OPPOSITION: (Verified 8/3/16)

None received

ASSEMBLY FLOOR: 74-0, 5/22/15

AYES: Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Alejo, Jones, O'Donnell, Olsen, Waldron, Weber

Prepared by:

8/22/16 22:58:08

**** END ****

 THIRD READING  

Bill No: AB 1419

Author:

:

Vote:

SENATE ENVIRONMENTAL QUALITY COMMITTEE: 7-0, 6/29/16

AYES: Wieckowski, Gaines, Bates, Hill, Jackson, Leno, Pavley

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/1/16

AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

ASSEMBLY FLOOR: 74-0, 5/22/15 (Consent) - See last page for vote

SUBJECT:

SOURCE: Californians Against Waste

DIGEST: This bill provides that certain cathode ray tube (CRT) panel glass is not subject to Department of Toxic Substances Control (DTSC) regulation as hazardous waste if it meets certain requirements. This bill also permits the use of that CRT panel glass for specified end uses, and allows DTSC to designate additional end uses or to prohibit a previously designated end use if it poses potential environmental or public health harm.

ANALYSIS:

Existing law:

1. Prohibits the disposal of hazardous waste in a solid waste landfill and specifies requirements for the proper handling, transportation, treatment and disposal of hazardous waste, except as exempted or otherwise classified by regulation.
2. Requires DTSC to regulate and enforce federal and state hazardous waste laws.
3. Requires the Department of Resources, Recovery and Recycling (CalRecycle) to regulate and enforce California laws relating to solid waste including disposal, recycling and composting.
4. Establishes the Electronic Waste Recycling Act of 2003 (EWRA) 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). CEDs that are discarded are considered covered electronic waste (CEW). As defined by EWRA, a CED is a video display device containing a screen greater than four inches, measured diagonally including:
   1. CRT containing devices (CRT devices).
   2. CRTs.
   3. Computer monitors containing cathode ray tubes.
   4. Laptop computers with liquid crystal display (LCD).
   5. LCD containing desktop monitors.
   6. Televisions containing cathode ray tubes.
   7. Televisions containing LCD screens.
   8. Plasma televisions.
   9. Portable DVD players with LCD screens.
5. 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.
6. Provides for payments to CEW collectors and recyclers for costs associated with collecting and recycling CEW that has been generated in the state.
7. Requires DTSC and CalRecycle to jointly establish and implement an electronics waste (e-waste) recycling program pursuant to EWRA.

This bill:

1. Provides that used, broken CRT panel glass and processed CRT panel glass that exceeds the total threshold limit concentration (TTLC) only for barium is not a waste and is not subject to regulation by DTSC as a hazardous waste if that panel glass meets certain requirements.
2. Permits the use of that CRT panel glass that exceeds the TTLC only for barium for specified end uses.
3. Authorizes DTSC to designate additional end uses or to prohibit a previously designated end use if it poses potential environmental or public health harm.

Background

1. E-waste. The term “e-waste” is loosely applied to consumer and business electronic equipment that is near or at the end of its useful life. There is no clear definition for e-waste; for instance whether or not items like microwave ovens and other similar “appliances” should be grouped into the category has not been established. Certain components of some electronic products contain materials that render them hazardous, depending on their condition and density. For instance, California law currently views nonfunctioning CRTs from televisions and monitors as hazardous.
2. EWRA. In 2001, DTSC determined that CRT screens are hazardous, and as such, must be managed as hazardous waste when disposed. In response to this determination, the Legislature enacted SB 20 (Sher, Chapter 526, Statutes of 2003) and amended by SB 50 (Sher, Chapter 863, Statutes of 2004), establishing EWRA 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. EWRA imposes a fee on every consumer at the point of sale. The Board of Equalization deposits the fee revenue into the Electronic Waste and Recovery and Recycling Account, which may be spent solely for activities that relate to reuse, recycling, and proper disposal.

Today, over a dozen years later, new CRT devices are no longer being consumed in any appreciable amount in the developed world. In fact, it is unclear where and in what quantity new CRTs are being fabricated for assembly into video devices. Processed CRT glass from the West is being shipped to India at a cost ranging from $100 and $200 per ton. Reportedly only three large metal smelters in North America will accept leaded CRT glass, though their capacity and demand for CRT glass is limited. Long-promised new lead extraction technologies for high-lead content funnel glass are still being developed, with questions remaining about throughput and longevity.

A viable alternative large-scale application for low-leaded residual panel glass (which contains barium oxide for optical properties and radiation shielding) that conforms to California’s hazardous waste management rules has not been identified.

For the past several years, California’s CEW recycling program has generated approximately 100 million pounds of residual CRT glass annually, though volumes appear to be beginning to decline. A key component of the CEW recycling program has been a requirement that the derived residual CRTs and/or CRT glass be “shipped” to a destination authorized to further treat that material, under the assumption (and universal waste management requirement) that the material would eventually reach an appropriate recycling application. With the use of intermediate facilities and foreign destinations, it is becoming increasingly difficult to ensure when, where, and whether residual CRT glass has achieved an appropriate disposition.

Universal waste management rules applicable to residual CRT glass handling and treatment have generally recognized new CRT manufacturing and lead smelting as the only appropriate ultimate recycling dispositions for CRT glass.

However, neither of these end-uses currently occurs within the state of California. Early program participants generally shipped glass to North American smelters or to glass processors for beneficiation prior to its subsequent marketing to overseas CRT manufacturers. As more volume of CEW was recovered and processed, a larger proportion of derived CRT glass was ostensibly sent toward the so-called “glass-to-glass” market (e.g., CRT manufacturing), either directly or through processors. This practice was influenced by accessibility and price, even as the global production and sale of CRT devices rapidly declined.

By mid-2009, approximately 75% of residual CRTs and/or CRT glass was being shipped to Mexican processors. However, in the fourth quarter of 2009, access to Mexican CRT glass processors was interrupted for nearly a year. Because CEW recyclers are required to ship CRT glass to a destination “authorized to receive and further treat” the glass prior to filing CEW recycling claims, this interruption caused the volume of claimed CEW to decrease dramatically while recyclers searched for alternative outlets for CRT glass. A couple of recyclers pursued establishing their own in-state CRT processing capabilities, while other enterprises started or offered capacities out-of-state.

The requirement to “ship” CRT glass has been interpreted by CalRecycle as meaning that the glass be moved off-site from the facility where the CEW was cancelled and the treatment residual generated. This interpretation has been supportive of universal waste accumulation time limits by discouraging onsite storage. As ready access to ultimate disposition options became more uncertain, and as the price charged by out-of-state processors increased, more recyclers pursued interest in establishing their own in-state, off-site processing capabilities (or at least authorizations) to fulfill treatment residual shipping criteria. While this would allow CEW recycling payment claims to be submitted with regularity, it did not create new end markets for CRT glass.

Current markets for residual CRTs and CRT glass are limited. Access to traditional lead smelting is reportedly difficult, with only one facility in the U.S. (Doe Run, Missouri).

1. Future CRT Management. CRT glass can be loosely categorized into leaded glass and non-leaded glass. Sometimes this is referred to as “funnel glass” and “panel glass” respectively, but such classification can be misleading since the panel glass of some CRTs also contains lead. And even so-called non-leaded glass contains other toxic metals, such as barium, at levels that create environmental and regulatory concern, particularly under current California hazardous waste law. The ability to effectively identify, separate, characterize, process, and test residual CRT glass will be critical to future management options.

New lead extraction technologies reportedly are emerging that may be more efficient than traditional smelting. Facilities in AZ, OH, TX, NY, and VA utilizing these new technologies are in differing stages of development but not in production-scale operation. Alternative applications also have been reported for non-leaded CRT glass, such as in building materials, tile, insulation, aggregate, proppant, industrial abrasives, reflective coatings, and fill.

However CalRecycle is not aware of any alternative production-scale applications in the United States that have been demonstrated to and evaluated by DTSC and found to constitute an ultimate disposition that would warrant inclusion in the list of uses allowed under universal waste rules. Nor is CalRecycle aware of any proposed use for non-leaded CRT glass that has secured formal concurrence from DTSC as an excluded recyclable material.

1. Barium Oxide. Barium is a silvery white metal that is used in CRTs to provide radiation protection in the neck and funnel.

Barium oxide is an irritant. If it contacts the skin or the eyes or is inhaled it causes pain and redness. However, it is more dangerous when ingested. It can cause nausea and diarrhea, muscle paralysis, cardiac arrhythmia, and can cause death. If ingested, medical attention should be sought immediately. Barium oxide should not be released environmentally; it is harmful to aquatic organisms. In California barium oxide is a hazardous waste because of its toxic characteristics.

Comments

1. Purpose of Bill. According to the author, new LCD and LED technology for televisions and monitor screens has taken over and demand for old-fashioned CRT devices has dropped dramatically. The end-use market for CRT glass generated from recycling scrap CRT’s has dried up and recyclers across the nation are struggling with what to do with the glass. Many have even resorted to stockpiling this material in hopes of finding new outlets in the future.

The author states that in response to this impending crisis, DTSC adopted Emergency Regulations that allowed this material to be recycled or disposed of under certain conditions in 2012. However, this regulatory scheme has proven difficult for recyclers to implement, and hasn’t created sufficient viable pathways for this material.

The process of recycling scrap CRT monitors and televisions produces three different types of glass: funnel glass, which contains high levels of lead, and low and non-leaded panel glass which contains very low concentrations of lead, or no lead at all. The current regulations limit the options for recycling leaded funnel glass to smelting, glass to glass recycling for the production of new CRTs (currently only done by one company in India), or landfill disposal. Although non-leaded panel glass should be available for many other uses, the regulatory pathway for using these end markets has not been clearly developed.

The authors argues, complicating the issue even further is that the world’s last CRT manufacturer, which recycled as much as 57% of the funnel and panel glass generated in the country, announced that it would discontinue CRT production in the coming months, eliminating one of the last outlets for this material.

1. CalRecycle. CalRecycle published a paper in May, 2015, entitled, “Electronic Waste Recycling Stakeholder Workshop” stating “As the CEW recycling system moves forward, consideration must be given to the availability of viable CRT glass markets and alternatives, the anticipated lifespan of those markets and the available supply of feedstock, and the environmental impacts associated with moving the glass to those markets versus other management options. Furthermore, while markets in far-off geographic areas may exist today, the economic ripples resulting from use of those markets should be a factor in any policy assessment. Does the fact that California recyclers pay to send CRT glass to certain downstream recipients artificially subsidize the continued consumption of hazardous inputs, prolonging the use of that material in products that will ultimately be disposed elsewhere, while potentially and simultaneously suppressing the development of local recycling infrastructure in certain destination countries?

“The fact that the ultimate disposition of essentially all residual CRT glass currently occurs beyond California’s borders, and in a timeframe that makes the effective monitoring of that disposition problematic, suggests policies that ensure more certain fates closer to home should be considered.”

Prior Legislation

SB 20 (Sher, Chapter 526, Statutes of 2003) enacts the Electronic Waste Recycling Act of 2003 to provide for the convenient recycling of CEDs in California: requiring every retailer or manufacturer that sells covered devices collect a fee on each which was to be used for the regulation and proper handling and recycling or disposal of covered devices.

SB 50 (Sher, Chapter 863, Statutes of 2004) makes clarifying changes to SB 20.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, this bill will cost approximately $85,000 (Electronic Waste Recovery and Recycling Account) for two years for DTSC to develop regulations and has minor, if any, costs to CalRecycle.

SUPPORT: (Verified 8/3/16)

Californians Against Waste (source)

All eWaste, Inc.

Association of California Recycling Industries

Cali Resources, Inc.

California Association of Local Conservation Corps

California Electronic Asset Recovery

California League of Conservation Voters

Ecology Action

ECS Refining

Electronic Recyclers International, Inc.

Environmental Working Group

Fireclay Tile

Institute of Scrap Recycling Industries, West Coast Chapter

Kleen Blast Abrasives

Marin County Hazardous and Solid Waste Management Joint Powers Authority

Napa Recycling and Waste Services

Northern California Recycling Association

Rural Counties Representatives of California

Sonoma County AB 939 Local Task Force

Sonoma County Waste Management Agency

StopWaste

Technologies Displays Americas, LLC.

Tycoon Materials, Inc. DBA Happy Recyclers

OPPOSITION: (Verified 8/3/16)

None received

ASSEMBLY FLOOR: 74-0, 5/22/15

AYES: Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Alejo, Jones, O'Donnell, Olsen, Waldron, Weber

Prepared by:

8/3/16 19:20:44

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 1419 (Eggman) - Hazardous waste: cathode ray tube glass

This bill does not meet the criteria for referral to the Suspense File.

Bill Summary:

1. AB 1419 provides that certain cathode ray tube (CRT) panel glass is not subject to Department of Toxic Substances Control (DTSC) regulation as hazardous waste if it meets certain requirements. The bill also permits the use of that CRT panel glass for specified end uses, and allows DTSC to designate additional end uses or to prohibit a previously designated end use if it poses potential environmental or public health harm.

Fiscal Impact:

• Approximately $85,000 (Electronic Waste Recovery and Recycling Account) for two years for DTSC to develop regulations.
• Minor, if any, costs to the California Department of Resources Recycling and Recovery.

Background:

Existing law establishes the Electronic Waste Recycling Act of 2003 (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). As defined by the Act, a CED is a video display device containing a screen greater than four inches. Discarded CEDs are considered covered electronic waste (CEW).

Consumers are required to pay a CEW recycling fee upon the purchase of a new or refurbished CED. The CEW recycling fee ranges from $3 to $5, depending on the screen size, and is used primarily to pay CEW collectors and recyclers who are reimbursed for costs associated with collecting and recycling CEW.

Current markets for residual CRTs and CRT glass are limited. Access to traditional lead smelting is reportedly difficult, with only one facility in the U.S. (Doe Run, Missouri). This bill intends to encourage more efficient recycling of these products.

Proposed Law:

This bill:

1. Provides that used, broken CRT panel glass and processed CRT panel glass that exceeds the total threshold limit concentration (limit) only for barium is not waste and is not subject to regulation by DTSC as hazardous waste if it meets certain requirements.
2. Permits the use of CRT panel glass that exceeds the limit only for barium for specified end uses.
3. Authorizes DTSC to designate additional end uses or to prohibit a previously designated end use if it poses potential environmental or public health harm.

Related Legislation:

SB 50 (Sher, Chapter 863, Statutes of 2004) makes clarifying changes to SB 20 (Sher, Chapter 526, Statutes of 2003).

SB 20 (Sher, Chapter 526, Statutes of 2003) enacted the Electronic Waste Recycling Act of 2003 to provide for the convenient recycling of covered electronic devices in California.

Staff Comments:

Staff notes that implementation of this bill may result in additional, potentially significant, costs to the state as a procurer of televisions and computer screens if the e-waste fee increases. Fees are currently set at $3, $4, and $5 depending upon the size of the device. CalRecycle is currently holding workshops to discuss potential increases in fees (to $5, $7, and $9 per device), though this increase is not related to the implementation of this bill.

-- END --

SENATE COMMITTEE ON ENVIRONMENTAL QUALITY

Senator Wieckowski, Chair

2015 - 2016 Regular

Bill No: AB 1419

SUBJECT: Hazardous waste: cathode ray tube glass.

ANALYSIS:

Existing law:

1. Prohibits the disposal of hazardous waste in a solid waste landfill and specifies requirements for the proper handling, transportation, treatment and disposal of hazardous waste, except as exempted or otherwise classified by regulation.
2. Requires the Department of Toxic Substances Control (DTSC) to regulate and enforce federal and state hazardous waste laws.
3. Requires the Department of Resources, Recovery and Recycling (CalRecycle) to regulate and enforce California laws relating to solid waste including disposal, recycling and composting.
4. Establishes the Electronic Waste Recycling Act of 2003 (EWRA) 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). CEDs that are discarded are considered covered electronic waste (CEW). As defined by EWRA a CED is a video display device containing a screen greater than four inches, measured diagonally including:
   1. Cathode ray tube containing devices (CRT devices).
   2. Cathode ray tubes (CRTs).
   3. Computer monitors containing cathode ray tubes.
   4. Laptop computers with liquid crystal display (LCD).
   5. LCD containing desktop monitors.
   6. Televisions containing cathode ray tubes.
   7. Televisions containing liquid crystal display (LCD) screens.
   8. Plasma televisions.
   9. Portable DVD players with LCD screens.
      
5. 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.
   
6. Provides for payments to CEW collectors and recyclers for costs associated with collecting and recycling CEW that has been generated in the state.
7. Requires DTSC and CalRecycle to jointly establish and implement an electronics waste (e-waste) recycling program pursuant to EWRA.

This bill:

1. Provides that used, broken CRT panel glass and processed CRT panel glass that exceeds the total threshold limit concentration (TTLC) only for barium is not a waste and is not subject to regulation by DTSC as a hazardous waste if that panel glass meets certain requirements.
2. Permits the use of that CRT panel glass that exceeds the TTLC only for barium for specified end uses.
3. Authorizes DTSC to designate additional end uses or to prohibit a previously designated end use if it poses potential environmental or public health harm.
   

Background

1. E-waste. The term “e-waste” is loosely applied to consumer and business electronic equipment that is near or at the end of its useful life. There is no clear definition for e-waste; for instance whether or not items like microwave ovens and other similar “appliances” should be grouped into the category has not been established. Certain components of some electronic products contain materials that render them hazardous, depending on their condition and density. For instance, California law currently views nonfunctioning CRTs (cathode ray tubes) from televisions and monitors as hazardous.
2. EWRA. In 2001, the Department of Toxic Substances Control (DTSC) determined that cathode ray tube (CRT) screens are hazardous, and as such, must be managed as hazardous waste when disposed. In response to this determination, the Legislature enacted SB 20 (Sher, Chapter 526, Statutes of 2003) and amended by SB 50 (Sher, Chapter 863, Statutes of 2004), establishing EWRA 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. EWRA imposes a fee on every consumer at the point of sale. The Board of Equalization (BOE) deposits the fee revenue into the Electronic Waste and Recovery and Recycling Account, which may be spent solely for activities that relate to reuse, recycling, and proper disposal.

Today, over a dozen years later, new CRT devices are no longer being consumed in any appreciable amount in the developed world. In fact, it is unclear where and in what quantity new CRTs are being fabricated for assembly into video devices. Processed CRT glass from the West is being shipped to India at a cost ranging from $100 and $200 per ton. Reportedly only three large metal smelters in North America will accept leaded CRT glass, though their capacity and demand for CRT glass is limited. Long-promised new lead extraction technologies for high-lead content funnel glass are still being developed, with questions remaining about throughput and longevity.

A viable alternative large-scale application for low-leaded residual panel glass (which contains barium oxide for optical properties and radiation shielding) that conforms to California’s hazardous waste management rules has not been identified.

For the past several years, California’s CEW recycling program has generated approximately 100 million pounds of residual CRT glass annually, though volumes appear to be beginning to decline. A key component of the CEW recycling program has been a requirement that the derived residual CRTs and/or CRT glass be “shipped” to a destination authorized to further treat that material, under the assumption (and universal waste management requirement) that the material would eventually reach an appropriate recycling application. With the use of intermediate facilities and foreign destinations, it is becoming increasingly difficult to ensure when, where, and whether residual CRT glass has achieved an appropriate disposition.

Universal waste management rules applicable to residual CRT glass handling and treatment have generally recognized new CRT manufacturing and lead smelting as the only appropriate ultimate recycling dispositions for CRT glass.

However, neither of these end-uses currently occurs within the state of California. Early program participants generally shipped glass to North American smelters or to glass processors for beneficiation prior to its subsequent marketing to overseas CRT manufacturers. As more volume of CEW was recovered and processed, a larger proportion of derived CRT glass was ostensibly sent toward the so-called “glass-to-glass” market (e.g., CRT manufacturing), either directly or through processors. This practice was influenced by accessibility and price, even as the global production and sale of CRT devices rapidly declined.

By mid-2009, approximately 75% of residual CRTs and/or CRT glass was being shipped to Mexican processors. However, in the 4th quarter of 2009, access to Mexican CRT glass processors was interrupted for nearly a year. Because CEW recyclers are required to ship CRT glass to a destination “authorized to receive and further treat” the glass prior to filing CEW recycling claims, this interruption caused the volume of claimed CEW to decrease dramatically while recyclers searched for alternative outlets for CRT glass. A couple of recyclers pursued establishing their own in-state CRT processing capabilities, while other enterprises started or offered capacities out-of-state.

The requirement to “ship” CRT glass has been interpreted by CalRecycle as meaning that the glass be moved off-site from the facility where the CEW was cancelled and the treatment residual generated. This interpretation has been supportive of universal waste accumulation time limits by discouraging onsite storage. As ready access to ultimate disposition options became more uncertain, and as the price charged by out-of-state processors increased, more recyclers pursued interest in establishing their own in-state, off-site processing capabilities (or at least authorizations) to fulfill treatment residual shipping criteria. While this would allow CEW recycling payment claims to be submitted with regularity, it did not create new end markets for CRT glass.

Current markets for residual CRTs and CRT glass are limited. Access to traditional lead smelting is reportedly difficult, with only one facility in the U.S. (Doe Run, Missouri).

Future CRT Management. CRT glass can be loosely categorized into leaded glass and non-leaded glass. Sometimes this is referred to as “funnel glass” and “panel glass” respectively, but such classification can be misleading since the panel glass of some CRTs also contains lead. And even so-called non-leaded glass contains other toxic metals, such as barium, at levels that create environmental and regulatory concern, particularly under current California hazardous waste law. The ability to effectively identify, separate, characterize, process, and test residual CRT glass will be critical to future management options.

New lead extraction technologies reportedly are emerging that may be more efficient than traditional smelting. Facilities in AZ, OH, TX, NY, and VA utilizing these new technologies are in differing stages of development but not in production-scale operation. Alternative applications also have been reported for non-leaded CRT glass, such as in building materials, tile, insulation, aggregate, proppant, industrial abrasives, reflective coatings, and fill.

However CalRecycle is not aware of any alternative production-scale applications in the United States that have been demonstrated to and evaluated by DTSC and found to constitute an ultimate disposition that would warrant inclusion in the list of uses allowed under universal waste rules. Nor is CalRecycle aware of any proposed use for non-leaded CRT glass that has secured formal concurrence from DTSC as an excluded recyclable material.

Barium Oxide. Barium is a silvery white metal. The surface of barium metal is covered with a thin layer of oxide that helps protect the metal from attack by air. Once ignited, barium metal burns in air to give a mixture of white barium oxide. Barium oxide is used in cathode ray tubes to provide radiation protection in the neck and funnel.

Barium oxide is an irritant. If it contacts the skin or the eyes or is inhaled it causes pain and redness. However, it is more dangerous when ingested. It can cause nausea and diarrhea, muscle paralysis, cardiac arrhythmia, and can cause death. If ingested, medical attention should be sought immediately.

Barium oxide should not be released environmentally; it is harmful to aquatic organisms. In California barium oxide is a hazardous waste because of its toxic characteristics.

Comments

1. Purpose of Bill. According to the author, new LCD and LED technology for televisions and monitor screens has taken over and demand for old-fashioned Cathode Ray Tube (CRT) devices has dropped dramatically. The end-use market for CRT glass generated from recycling scrap CRT’s has dried up and recyclers across the nation are struggling with what to do with the glass. Many have even resorted to stockpiling this material in hopes of finding new outlets in the future.

The author states that in response to this impending crisis, DTSC adopted Emergency Regulations that allowed this material to be recycled or disposed of under certain conditions in 2012. However, this regulatory scheme has proven difficult for recyclers to implement, and hasn’t created sufficient viable pathways for this material.

The process of recycling scrap CRT monitors and televisions produces three different types of glass: funnel glass, which contains high levels of lead, and low and non-leaded panel glass which contains very low concentrations of lead, or no lead at all. The current regulations limit the options for recycling leaded funnel glass to smelting, glass to glass recycling for the production of new CRTs (currently only done by one company in India), or landfill disposal. Although non-leaded panel glass should be available for many other uses, the regulatory pathway for using these end markets has not been clearly developed.

The authors argues, complicating the issue even further is that the world’s last CRT manufacturer, which recycled as much as 57% of the funnel and panel glass generated in the country, announced that it would discontinue CRT production in the coming months, eliminating one of the last outlets for this material.

1. CalRecycle published a paper in May, 2015, entitled, “Electronic Waste Recycling Stakeholder Workshop” stating “As the CEW recycling system moves forward, consideration must be given to the availability of viable CRT glass markets and alternatives, the anticipated lifespan of those markets and the available supply of feedstock, and the environmental impacts associated with moving the glass to those markets versus other management options. Furthermore, while markets in far-off geographic areas may exist today, the economic ripples resulting from use of those markets should be a factor in any policy assessment. Does the fact that California recyclers pay to send CRT glass to certain downstream recipients artificially subsidize the continued consumption of hazardous inputs, prolonging the use of that material in products that will ultimately be disposed elsewhere, while potentially and simultaneously suppressing the development of local recycling infrastructure in certain destination countries?

“The fact that the ultimate disposition of essentially all residual CRT glass currently occurs beyond California’s borders, and in a timeframe that makes the effective monitoring of that disposition problematic, suggests policies that ensure more certain fates closer to home should be considered.”

Related/Prior Legislation

SB 50 (Sher, Chapter 863, Statutes of 2004) makes clarifying changes to SB 20 (Sher, Chapter 526, Statutes of 2003).

SB 20 (Sher, Chapter 526, Statutes of 2003) enacts the Electronic Waste Recycling Act of 2003 to provide for the convenient recycling of covered electronic devices in California: requiring every retailer or manufacturer that sells covered devices collect a fee on each which was to be used for the regulation and proper handling and recycling or disposal of covered devices.

SOURCE:

Californians Against Waste

SUPPORT:

All eWaste, Inc.

Association of California Recycling Industries

Cali Resources, Inc.

California Association of Local Conservation Corps

California Electronic Asset Recovery

California League of Conservation Voters

Ecology Action

ECS Refining

Electronic Recyclers International, Inc.

Fireclay Tile

Institute of Scrap Recycling Industries, West Coast Chapter

Kleen Blast Abrasives

Marin County Hazardous and Solid Waste Management Joint Powers Authority

Napa Recycling and Waste Services

Northern California Recycling Association

Rural Counties Representatives of California

Sonoma County AB 939 Local Task Force

StopWaste

Technologies Displays Americas, LLC.

Tycoon Materials, Inc. DBA Happy Recyclers

OPPOSITION:

None received

-- END --

Date of Hearing: May 13, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 1419

Author:(Eggman) – As Amended Ver:May 5, 2015

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill authorizes CalRecyle to revoke the certification of a recycling center found to be abandoned if the center is not open during its posted hours on two consecutive inspections and has not reported any received volumes of California Redemption Value (CRV) containers for a period of 30 consecutive days.

Additionally, this bill provides an opportunity for a hearing on the revocation to be conducted in the same manner as a hearing for an application that was denied.

FISCAL EFFECT:

Minor cost savings for CalRecyle (Beverage Container Recycling Fund) resulting from the modification of the existing revocation process.

COMMENTS:

1. Purpose. According to the author, the current process to determine a certified recycling center is abandoned is unnecessarily cumbersome and negatively impacts already limited CalRecycle staffing resources. This bill streamlines CalRecyle's authority by creating a rebuttable presumption that a recycling center is abandoned while preserving due process if the owner of a certified recycling center wishes to resume operation.
   
   

2. Background. The California Beverage Container Recycling and Litter Reduction Act (Bottle Bill) requires beverage containers sold in this state to have a California refund value (CRV) of 5 cents for containers that hold fewer than 24 ounces and 10 cents for containers that hold 24 ounces or more.

California's Bottle Bill has achieved an overall recycling rate over 80 percent – higher than any other bottle bill program in North America. According to Californians Against Waste, since its inception 25 years ago, the program has resulted in the recycling of over 11.9 million tons of glass; 3 million tons of aluminum; and, more than 2 million tons of plastic. In addition to the diversion from landfill disposal, this recycling has avoided an estimated 2 million metric tons of CO2 equivalent greenhouse gas emissions over the last four years.

The Bottle Bill is designed to provide consumers with a financial incentive for recycling and to make recycling convenient to consumers. The centerpiece of the Bottle Bill is the CRV. Consumers pay a deposit, the CRV, on each beverage container they purchase. Retailers collect the CRV from consumers when they buy beverages. The dealer retains a small percentage of the deposit for administration and remits the remainder to the distributor, who also retains a small portion for administration before remitting the balance to CalRecycle. When consumers return their empty beverage containers to a recycler (or donate them to a curbside or other program), the deposit is paid back as a refund.

3. Revoking certification. The process for revoking the certification of an abandoned recycling center takes a minimum of 60 days, following an inspection process that takes six to eight weeks. While certified recycling centers are required to notify CalRecycle if they close or change ownership, revoking the certification of a closed recycling center only occurs if CalRecycle receives a complaint that the center is not operating or if a center is closed when CalRecycle conducts an inspection.
   
   
   
   

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: April 27, 2015

ASSEMBLY COMMITTEE ON NATURAL RESOURCES

Das Williams, Chair

ABPCA Bill Id:AB 1419

Author:(Eggman) – As Introduced Ver:February 27, 2015

SUBJECT: Recycling centers

SUMMARY: Authorizes the Department of Resources Recycling and Recovery (CalRecycle) to revoke certification of a certified recycling center if it determines that the recycling center is not open during its posted hours on two consecutive inspections, and the recycling center has no reportable volumes for a period of 30 consecutive days. Authorizes the holder of a certificate that is revoked to request a hearing to be conducted in the same manner as a hearing for an application that was denied.

EXISTING LAW, pursuant to the California Beverage Container Recycling and Litter Reduction Act (Bottle Bill):

1. Requires beverage containers sold in this state to have a California refund value (CRV) of 5 cents for containers that hold fewer than 24 ounces and 10 cents for containers that hold 24 ounces or more and requires a distributor to pay a redemption payment to CalRecycle. Continuously appropriates these funds to CalRecycle for the payment of refund values and processing fees.
   
   

2. Defines a number of terms, including:
   
   

   1. "Beverage" to include, among other things, soda, beer and other malt beverages, wine and distilled spirit coolers, carbonated mineral and soda waters, noncarbonated fruit drinks, and vegetable juices in liquid form that are intended for human consumption. Excludes from the definition of ‘beverage,’ among other things, vegetable drinks in beverage containers of more than 16 ounces, milk, medical food, and any product sold in a container that is not an aluminum beverage container, a glass container, a plastic beverage container, or a bimetal container.
      
      

   2. “Convenience zone” to mean either an area within a one-half mile radius of a supermarket, or an area designated by CalRecycle at a location where there is no supermarket but there are two or more dealers located within a one-mile radius of each other, and meet certain specified criteria.
      
      

   3. "Certified recycling center" to mean an operation that is certified by CalRecycle and that accepts from consumers, and pays or provides the CRV for, empty beverage containers for recycling.

3. Requires CalRecycle to:
   
   

   1. Establish reporting periods of six months each for redemption rates and recycling rates for beverage containers and requires them to determine and report the redemption rates and recycling rates for those beverage containers for each reporting period.
      
      

   2. Certify recycling centers and promulgate regulations establishing a procedure for certification of recycling centers. Specifies that these regulations shall include, as a condition for certification, that if one or more certified entities have operated at the same location within the past five years, the recycling center must demonstrate to CalRecycle that its operations exhibit a pattern of compliance with the Bottle Bill and its related regulations.
      
      

   3. Pay handling fees to supermarket sites, nonprofit convenience zone recyclers, or rural region recyclers to provide an incentive for the redemption of empty beverage containers in convenience zones, and adopt guidelines and methods specifying a procedure for the payment of these fees.
      
      

   4. After deducting refund values, administrative fees, and a reserve for contingencies, appropriate remaining Fund monies to designated programs, grants, and fee payments (PRC Section 14581).

4. Requires certified recycling centers to comply with the requirements of the Act and:

   1. Operate during specified business hours;

   2. Post signage that is at least two feet by two feet, which includes the types of containers that can be redeemed and the price paid by weight or per container;

   3. Notify CalRecycle of any material change in the nature of the operation;

   4. Complete a precertification training program;

   5. Accept and pay CRV for all Bottle Bill containers, and not pay CRV for any container that is not included in the Bottle Bill or any container that the center knows, or should have known, is from out of state;

   6. Prepare and maintain specified documentation; and,

   7. Comply with all regulations adopted by CalRecycle.

FISCAL EFFECT: Unknown

COMMENTS:

1. Background on the Bottle Bill. California's Bottle Bill has achieved an overall recycling rate over 80 percent – higher than any other bottle bill program in North America. According to Californians Against Waste, since its inception 25 years ago, the program has resulted in the recycling of over 11.9 million tons of glass; 3 million tons of aluminum; and, more than 2 million tons of plastic. In addition to the diversion from landfill disposal, this recycling has avoided an estimated 2 million metric tons of CO2 equivalent greenhouse gas emissions over the last four years.
   
   The Bottle Bill is designed to provide consumers with a financial incentive for recycling and to make recycling convenient to consumers. The centerpiece of the Bottle Bill is the CRV. Consumers pay a deposit, the CRV, on each beverage container they purchase. Retailers collect the CRV from consumers when they buy beverages. The dealer retains a small percentage of the deposit for administration and remits the remainder to the distributor, who also retains a small portion for administration before remitting the balance to CalRecycle. When consumers return their empty beverage containers to a recycler (or donate them to a curbside or other program), the deposit is paid back as a refund.
   
   Consumers that wish to redeem the CRV can turn their containers in to a recycling center, which is certified by CalRecycle to accept beverage containers and pay the CRV to consumers to serve a convenience zone. CalRecycle pays 'handling fees' based on the number of containers accepted to certified recycling centers. CalRecycle maintains a list of certified recycling centers to assist the public in locating convenient recycling opportunities.
   
   

2. This bill. According to the author:
   
   

Currently, a certified operator of a recycling center is required to notify CalRecycle 10 days prior to the discontinuance of an operation. However, there is no penalty associated with failing to adhere to this requirement. As a result, many operators abandon recycling businesses without informing CalRecycle, which is problematic for various reasons. First, this results in incorrect information being provided to the public that a recycling center is operational when it may not be open for business. Second, with the perceived existence of more than one recycling center operating in a convenience zone, an operational recycling center is unable to receive [the] handling fee revenue that the site would otherwise be eligible for as the sole recycler in the convenience zone. Finally, the current process to declare that a non-probationary, certified recycling center is abandoned is unnecessarily cumbersome and negatively impacts already limited CalRecycle staffing resources.

1. Revoking certification. The process for revoking the certification of an abandoned recycling center takes a minimum of 60 days, following an inspection process that takes six to eight weeks. While certified recycling centers are required to notify CalRecycle if they close or change ownership, revoking the certification of a closed recycling center only occurs if CalRecycle receives a complaint that the center is not operating or if a center is closed when CalRecycle conducts an inspection, which generally happens once each year. This bill would streamline this process by creating a rebuttable presumption that a recycling center is abandoned, under specified conditions, while preserving due process if the owner of a certified recycling center wishes to continue operation.
   
   

2. Suggested amendment. This bill streamlines CalRecycle's authority to revoke the certification of an abandoned recycling center, which is an enforcement action. The committee may wish to amend the bill to move the bill's provisions from the chapter relating to administration (Chapter 3, commencing with section 14530) to the chapter relating to enforcement (Chapter 8, commencing with section 14590).
   
   

REGISTERED SUPPORT / OPPOSITION:

Support

Californians Against Waste

West Coast Chapter of the Institute of Scrap Recycling Industries, Inc.

Opposition

None on file

Analysis Prepared by: Elizabeth MacMillan / NAT. RES. / (916) 319-2092