California 2011-2012 Regular Session Status: Enacted

AB 549 — Recycling: electronic waste.

Last action — Chaptered by Secretary of State - Chapter 523, Statutes of 2012.

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

This bill has been enacted into law. Introduced February 16, 2011. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law, the Electronic Waste Recycling Act of 2003 (act) , requires a retailer selling a covered electronic device in this state to collect a covered electronic waste recycling fee from the consumer, as specified. These fees are deposited in the Electronic Waste Recovery and Recycling Account, and the Department of Resources Recycling and Recovery (department) is continuously appropriated the money in the account to, among other things, make electronic waste recovery payments and recycling payments. The department is authorized to make these payments only if certain conditions are met. Existing law requires the act to be enforced pursuant to the hazardous waste control laws, a violation of which, including the making of a false statement or representation in a document, is a crime. This bill would additionally require, as a condition of making these payments, that the covered electronic waste is demonstrated to have been generated by a person who used the covered electronic device while located in this state. The bill would specify that covered electronic waste generated outside of the state and subsequently brought into the state is not eligible for payment and would require the department to establish documentation requirements necessary to demonstrate that covered electronic waste was generated in the state and eligible for payment. Since a false statement or representation in that document would be a crime, the bill would impose a state-mandated local program. (2) The act requires the department, for covered electronic waste collected for recycling on and after January 1, 2005, to make those electronic waste recycling and recovery payments for the collection and recycling of covered electronic waste to an authorized collector or covered electronic waste recycler, respectively, upon receipt of a completed and verified invoice submitted to the department by the authorized collector or recycler in the form and manner determined by the department. This bill would instead require the department to make those electronic waste recycling and recovery payments for the collection and recycling of covered e-waste to an authorized collector or covered e-waste recycler, respectively, upon completion of the department's review of a payment claim, submitted to the department in the form and manner determined by the department. The bill would also authorize the department to conduct a selective audit of authorized collectors, covered e-waste recyclers, or manufacturers receiving payments from the department to determine whether electronic waste recovery or recycling payments or payments to manufacturers are being made by the department according to the requirements of the act and the regulations adopted pursuant to that act. (3) Existing law requires a person challenging certain actions of the department to first exhaust all administrative remedies by filing with the department an administrative appeal no later than 30 calendar days from the date of the departments's action, in accordance with the regulations adopted to implement the act. This bill would require the hearing to be held before the Director of Resources Recycling and Recovery or his or her designee, who would be required to issue a written decision stating the factual and legal basis for this decision. The bill would also make conforming changes with reference to the department. (4) 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. Chaptered by Secretary of State - Chapter 523, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1:35 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6527.).

  5. Assembly Rule 77 suspended. (Page 6488.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 30. Noes 5. Page 4890.).

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Read second time and amended. Ordered to third reading.

  11. From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and be amended.

  12. Read second time and amended. Re-referred to Com. on APPR.

  13. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (May 14).

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

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

  16. Referred to Com. on E.Q.

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

  18. Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1451.)

  19. Read second time. Ordered to consent calendar.

  20. From committee: Do pass. To consent calendar. (Ayes 16. Noes 0.) (May 11).

  21. From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 9. Noes 0.) (April 26). Re-referred to Com. on APPR.

  22. From committee: Do pass and re-refer to Com. on E.S. & T.M. (Ayes 9. Noes 0.) (April 11). Re-referred to Com. on E.S. & T.M.

  23. In committee: Hearing postponed by committee.

  24. Referred to Coms. on NAT. RES. and E.S. & T.M.

  25. From printer. May be heard in committee March 19.

  26. Read first time. To print.

Sponsors

  • Carter · Primary
  • Wieckowski · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 3 voted No

Sponsors (1)

  • Carter

Co-sponsors (1)

  • Wieckowski

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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 549 CARTER Concurrence in Senate Amendments

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 76001
Democratic 1000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Butler — Yea
Hagman — Yea
Halderman — Yea
John A. Pérez — Yea
Mitchell — Yea
Hill — Yea
Atkins — Yea
Hueso — Yea
Jeffries — Yea
Knight — Yea
Cedillo — Yea
Portantino — Yea
Ammiano — Yea
Bradford — Yea
Chesbro — Yea
Davis — Yea
Donnelly — Yea
Mendoza — Yea
Miller — Yea
Perea — Yea
Skinner — Yea
Valadao — Yea
Wagner — Yea
Wieckowski — Yea
Campos — Yea
Allen — Yea
Feuer — Yea
Bonilla — Yea
Fuentes — Yea
Fong — Yea
Fletcher — Yea
Conway — Yea
Galgiani — Yea
Gatto — Yea
Gordon — Yea
Gorell — Yea
Hall — Yea
Hayashi — Yea
Lara — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Norby — Not Voting
Olsen — Yea
Solorio — Yea
Torres — Yea
Williams — Yea
Achadjian — Yea
Alejo — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Huffman — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Pan — Yea
Silva — Yea
Smyth — Yea
Swanson — Yea
Carter — Yea
Cook — Yea
Eng — Yea
Dickinson — Yea
Yamada — Yea
Furutani — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB549 Carter By Hancock

Passed 30 Yea · 5 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 27505
Republican 1000
Democratic 2000
Total 30505
% of votes cast 75%13%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Evans — Yea
Rubio — Yea
Fuller — Yea
Cannella — Yea
Runner — Not Voting
Corbett — Yea
Hernandez — Yea
Correa — Yea
Dutton — Not Voting
Kehoe — Yea
Lieu — Not Voting
Pavley — Not Voting
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Walters — Nay
Wright — Yea
Alquist — Yea
Anderson — Yea
Blakeslee — Yea
Harman — Nay
Huff — Yea
Leno — Yea
Liu — Yea
Price — Yea
Wolk — Yea
Wyland — Not Voting
Emmerson — Yea
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 549 CARTER Consent Calendar Second Day

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 73002
Democratic 3000
Republican 2000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Gordon — Yea
Halderman — Yea
Yamada — Yea
Feuer — Yea
Fuentes — Yea
John A. Pérez — Yea
Mitchell — Yea
Garrick — Yea
Gatto — Yea
Atkins — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
Butler — Yea
Portantino — Yea
Hill — Yea
Campos — Yea
Huber — Yea
Huffman — Yea
Bonilla — Yea
Jeffries — Yea
Fletcher — Yea
Blumenfield — Yea
Carter — Yea
Cedillo — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Donnelly — Yea
Lara — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Morrell — Yea
Nestande — Yea
Norby — Yea
Olsen — Yea
Perea — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Wagner — Yea
Wieckowski — Yea
Gorell — Not Voting
Alejo — Not Voting
Beall — Yea
Block — Yea
Monning — Yea
Achadjian — Yea
Ammiano — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hueso — Yea
Knight — Yea
Ma — Yea
Mansoor — Yea
Nielsen — Yea
Pan — Yea
Silva — Yea
Solorio — Yea
Valadao — Yea
Williams — Yea
Eng — Yea
Davis — Yea
Dickinson — Yea
Furutani — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 15001
Democratic 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Campos — Yea
Fuentes — Yea
Mitchell — Yea
Gatto — Yea
Hall — Yea
Harkey — Yea
Davis — Yea
Donnelly — Not Voting
Blumenfield — Yea
Norby — Yea
Solorio — Yea
Wagner — Yea
Bradford — Yea
Hill — Yea
Lara — Yea
Nielsen — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

environment technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 549 do?
(1) Existing law, the Electronic Waste Recycling Act of 2003 (act) , requires a retailer selling a covered electronic device in this state to collect a covered electronic waste recycling fee from the consumer, as specified. These fees are deposited in the Electronic Waste Recovery and Recycling Account, and the Department of Resources Recycling and Recovery (department) is continuously appropriated the money in the account to, among other things, make electronic waste recovery payments and recycling payments. The department is authorized to make these payments only if certain conditions are met. Existing law requires the act to be enforced pursuant to the hazardous waste control laws, a violation of which, including the making of a false statement or representation in a document, is a crime. This bill would additionally require, as a condition of making these payments, that the covered electronic waste is demonstrated to have been generated by a person who used the covered electronic device while located in this state. The bill would specify that covered electronic waste generated outside of the state and subsequently brought into the state is not eligible for payment and would require the department to establish documentation requirements necessary to demonstrate that covered electronic waste was generated in the state and eligible for payment. Since a false statement or representation in that document would be a crime, the bill would impose a state-mandated local program. (2) The act requires the department, for covered electronic waste collected for recycling on and after January 1, 2005, to make those electronic waste recycling and recovery payments for the collection and recycling of covered electronic waste to an authorized collector or covered electronic waste recycler, respectively, upon receipt of a completed and verified invoice submitted to the department by the authorized collector or recycler in the form and manner determined by the department. This bill would instead require the department to make those electronic waste recycling and recovery payments for the collection and recycling of covered e-waste to an authorized collector or covered e-waste recycler, respectively, upon completion of the department's review of a payment claim, submitted to the department in the form and manner determined by the department. The bill would also authorize the department to conduct a selective audit of authorized collectors, covered e-waste recyclers, or manufacturers receiving payments from the department to determine whether electronic waste recovery or recycling payments or payments to manufacturers are being made by the department according to the requirements of the act and the regulations adopted pursuant to that act. (3) Existing law requires a person challenging certain actions of the department to first exhaust all administrative remedies by filing with the department an administrative appeal no later than 30 calendar days from the date of the departments's action, in accordance with the regulations adopted to implement the act. This bill would require the hearing to be held before the Director of Resources Recycling and Recovery or his or her designee, who would be required to issue a written decision stating the factual and legal basis for this decision. The bill would also make conforming changes with reference to the department. (4) 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 549?
AB 549 is sponsored by Carter and Wieckowski.
What is the current status of AB 549?
This bill has been enacted into law. Introduced February 16, 2011. Enacted.
Where can I track AB 549?
Track AB 549 free on One Click Politics — get push/email alerts when it moves.

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