California 2009-2010 Regular Session Status: To Executive

AB 147 — Hazardous waste: electronic waste.

Last action — Consideration of Governor's veto stricken from file.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) Existing law requires the Department of Toxic Substances Control to adopt regulations to prohibit an electronic device from being sold or offered for sale in this state if the electronic device is prohibited from being sold or offered for sale in the European Union on and after its date of manufacture, due to the presence of certain heavy metals. Existing law requires these regulations to take effect January 1, 2007, or on or after the date that the Directive 2002/95/EC, adopted by the European Parliament and the Council of the European Union on January 27, 2003 (Directive 2002/95/EC) , takes effect, whichever date is later. Existing law defines the term "electronic device," for purposes of those provisions, to have the same meaning, with reference to the Electronic Waste Recycling Act of 2003, as "covered electronic device" which is defined as a video display device that is identified by the department, pursuant to specified regulations, as a presumed hazardous waste when discarded. A violation of the hazardous waste control laws, including a regulation adopted pursuant to those laws, is a crime. This bill would require a manufacturer of an electronic device, at the request of the department, based on the department's reasonable cause, as the bill would define that term, to believe that a specific electronic device identified by the department is prohibited from sale, to prepare and submit to the department within 28 days of receipt of the request, documentation or other information typically maintained by the manufacturer's industry under Directive 2002/95/EC, showing that the electronic device specifically identified by the department and sold or offered for sale by that manufacturer is not prohibited from sale. The bill would authorize the department to extend the 28-day response time at the request of the manufacturer. The bill would require the department to treat as confidential any information that is a trade secret, as defined, that is provided to the department pursuant to the bill's requirements, and that is identified as a trade secret at the time of submission, in the same manner as the procedures adopted by the department with regard to hazardous waste handling and disposal. The department would be required to make available, pursuant to the California Public Records Act, any information that is not a trade secret or that is not identified as a trade secret. Because a violation of the bill's requirements would be a crime, the bill would impose a state-mandated local program by creating a new crime. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Consideration of Governor's veto stricken from file.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

  4. Enrolled and to the Governor at 1 p.m.

  5. Senate amendments concurred in. To enrollment. (Ayes 49. Noes 28. Page 3227.)

  6. Assembly Rule 77 suspended. (Ayes 50. Noes 26. Page 3191.)

  7. Action rescinded whereby the bill was re-referred to Com. on E.S. & T.M. pursuant to Assembly Rule 77.2.

  8. Re-referred to Com. on E.S. & T.M. pursuant to Assembly Rule 77.2.

  9. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 10 pursuant to Assembly Rule 77.

  10. Read third time, passed, and to Assembly. (Ayes 23. Noes 15. Page 2170.)

  11. Read second time. To third reading.

  12. Read third time, amended. To second reading.

  13. Read second time. To third reading.

  14. From committee: Do pass. (Ayes 8. Noes 4.) (August 17).

  15. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  16. In committee: Set, first hearing. Hearing canceled at the request of author.

  17. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 2.) (July 6).

  18. Referred to Com. on EQ.

  19. In Senate. Read first time. To Com. on RLS. for assignment.

  20. Read third time, passed, and to Senate. (Ayes 42. Noes 32. Page 2058.)

  21. Read second time. To third reading.

  22. Read second time and amended. Ordered returned to second reading.

  23. From committee: Amend, and do pass as amended. (Ayes 12. Noes 5.) (May 28).

  24. Re-referred to Com. on APPR.

  25. Read second time and amended.

  26. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 7. Noes 3.) (April 28).

  27. From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 5. Noes 2.) (April 21).

  28. In committee: Hearing postponed by committee.

  29. Re-referred to Com. on E.S. & T.M. by unanimous consent, and then be re-referred to Com. on JUD.

  30. Referred to Coms. on NAT. RES. and JUD.

  31. From printer. May be heard in committee February 22.

  32. Read first time. To print.

Sponsors

  • Block · Cosponsor
  • Blumenfield · Cosponsor
  • Chesbro · Cosponsor
  • Saldana · Primary
  • Huffman · Cosponsor
  • Ma · Cosponsor
  • Nava · Cosponsor
  • Wiggins · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 7 co-sponsors · 114 not signed on · 4 voted No

Sponsors (1)

  • Saldana

Co-sponsors (7)

  • Block
  • Blumenfield
  • Chesbro
  • Huffman
  • Ma
  • Nava
  • Wiggins

Not signed on (114)

114 members have not signed on to this bill.

Show all 114 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 147 SALDANA Concurrence in Senate Amendments

Passed 58 Yea · 31 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 542902
Democratic 3000
Republican 1200
Total 583102
% of votes cast 64%34%0%2%
How each member voted (91)
Member Party Vote
Hall — Yea
Block — Yea
Charles — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Yamada — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Carter — Yea
Chesbro — Yea
Cook — Nay
Bill — Nay
Tom — Nay
Furutani — Yea
Galgiani — Yea
Gilmore — Nay
Hagman — Nay
Fletcher — Nay
Bass — Yea
Blakeslee — Nay
Coto — Yea
Harkey — Nay
Hayashi — Yea
Hill — Yea
Huber — Yea
Jeffries — Nay
Knight — Nay
Lieu — Yea
Logue — Nay
Miller — Nay
Monning — Yea
Nestande — Nay
Ruskin — Yea
Skinner — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Duvall — Not Voting
Tran — Nay
Adams — Nay
Ammiano — Yea
Anderson — Nay
Beall — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Krekorian — Yea
Ma — Yea
Mendoza — Not Voting
Nava — Yea
Nielsen — Nay
Solorio — Yea
Torres — Yea
Villines — Nay
Conway — Nay
Silva — Nay
Smyth — Nay
Audra — Nay
Emmerson — Nay
Evans — Yea
Davis — Yea
DeVore — Nay
Fuller — Nay
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Assembly 3rd Reading AB147 Saldana By Hancock

Passed 23 Yea · 16 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 211502
Democratic 2000
Republican 0100
Total 231602
% of votes cast 56%39%0%5%
How each member voted (41)
Member Party Vote
Yee — Yea
Wyland — Nay
Cedillo — Yea
Hancock — Yea
Huff — Nay
Kehoe — Yea
Lowenthal — Yea
Cogdill — Nay
Corbett — Yea
Leno — Yea
Liu — Yea
McLeod — Nay
Oropeza — Yea
Negrete — Nay
Ashburn — Nay
Correa — Nay
Ducheny — Yea
Dutton — Nay
Pavley — Yea
Price — Yea
Steinberg — Yea
Walters — Nay
Wiggins — Yea
Wright — Yea
Runner — Not Voting
Aanestad — Nay
Alquist — Yea
Benoit — Nay
Harman — Not Voting
Hollingsworth — Nay
Maldonado — Nay
Romero — Yea
Simitian — Yea
Wolk — Yea
Cox — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 8 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8401
Total 8401
% of votes cast 62%31%0%8%
How each member voted (13)
Member Party Vote
Yee — Yea
Hancock — Yea
Runner — Nay
Price — Yea
Wolk — Yea
Wyland — Not Voting
Kehoe — Yea
Leno — Yea
Oropeza — Yea
Walters — Nay
Corbett — Yea
Cox — Nay
Denham — Nay

Official roll call →

AB 147 SALDANA Assembly Third Reading

Passed 49 Yea · 37 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 453506
Democratic 3000
Republican 1200
Total 493706
% of votes cast 53%40%0%7%
How each member voted (92)
Member Party Vote
Evans — Yea
Fuentes — Yea
Carter — Yea
Chesbro — Yea
Furutani — Yea
Hayashi — Yea
Charles — Yea
Hernandez — Yea
Huffman — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Bonnie — Yea
Lowenthal — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Coto — Yea
Bill — Nay
Tom — Nay
Anderson — Nay
Bass — Yea
Blumenfield — Yea
Krekorian — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Price — Yea
Ruskin — Yea
Skinner — Yea
Swanson — Yea
Torlakson — Yea
Torres — Yea
Galgiani — Nay
Garrick — Nay
Fletcher — Nay
V. — Nay
Manuel — Nay
Perez — Nay
Audra — Nay
Hagman — Nay
Hall — Not Voting
Fong — Not Voting
Harkey — Nay
Conway — Nay
Jeffries — Nay
Knight — Nay
Cook — Nay
Duvall — Nay
Miller — Nay
Nestande — Nay
Smyth — Nay
Tran — Nay
Adams — Nay
Ammiano — Yea
Beall — Yea
Blakeslee — Nay
Block — Not Voting
Brownley — Yea
Buchanan — Not Voting
Hill — Yea
Huber — Nay
Lieu — Yea
Logue — Nay
Ma — Yea
Nielsen — Nay
Silva — Nay
Solorio — Not Voting
Torrico — Yea
Villines — Nay
Emmerson — Nay
Eng — Yea
Feuer — Yea
Davis — Yea
DeVore — Nay
Yamada — Not Voting
Fuller — Nay
Gilmore — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 16 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15500
Democratic 1000
Republican 0100
Total 16600
% of votes cast 73%27%0%0%
How each member voted (22)
Member Party Vote
Hall — Yea
Fuentes — Yea
Charles — Yea
Harkey — Nay
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Nay
Duvall — Nay
Ammiano — Yea
Nielsen — Nay
Price — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Krekorian — Yea
Miller — Nay
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does AB 147 do?
(1) Existing law requires the Department of Toxic Substances Control to adopt regulations to prohibit an electronic device from being sold or offered for sale in this state if the electronic device is prohibited from being sold or offered for sale in the European Union on and after its date of manufacture, due to the presence of certain heavy metals. Existing law requires these regulations to take effect January 1, 2007, or on or after the date that the Directive 2002/95/EC, adopted by the European Parliament and the Council of the European Union on January 27, 2003 (Directive 2002/95/EC) , takes effect, whichever date is later. Existing law defines the term "electronic device," for purposes of those provisions, to have the same meaning, with reference to the Electronic Waste Recycling Act of 2003, as "covered electronic device" which is defined as a video display device that is identified by the department, pursuant to specified regulations, as a presumed hazardous waste when discarded. A violation of the hazardous waste control laws, including a regulation adopted pursuant to those laws, is a crime. This bill would require a manufacturer of an electronic device, at the request of the department, based on the department's reasonable cause, as the bill would define that term, to believe that a specific electronic device identified by the department is prohibited from sale, to prepare and submit to the department within 28 days of receipt of the request, documentation or other information typically maintained by the manufacturer's industry under Directive 2002/95/EC, showing that the electronic device specifically identified by the department and sold or offered for sale by that manufacturer is not prohibited from sale. The bill would authorize the department to extend the 28-day response time at the request of the manufacturer. The bill would require the department to treat as confidential any information that is a trade secret, as defined, that is provided to the department pursuant to the bill's requirements, and that is identified as a trade secret at the time of submission, in the same manner as the procedures adopted by the department with regard to hazardous waste handling and disposal. The department would be required to make available, pursuant to the California Public Records Act, any information that is not a trade secret or that is not identified as a trade secret. Because a violation of the bill's requirements would be a crime, the bill would impose a state-mandated local program by creating a new crime. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 147?
AB 147 is sponsored by Block, Blumenfield, Chesbro, Saldana, Huffman, Ma, Nava, and Wiggins.
What is the current status of AB 147?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 147?
Track AB 147 free on One Click Politics — get push/email alerts when it moves.

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