Saldana
Author
(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.
Consideration of Governor's veto stricken from file.
Consideration of Governor's veto pending.
Vetoed by Governor.
Enrolled and to the Governor at 1 p.m.
Re-referred to Com. on E.S. & T.M. pursuant to Assembly Rule 77.2.
Senate amendments concurred in. To enrollment. (Ayes 49. Noes 28. Page 3227.)
Assembly Rule 77 suspended. (Ayes 50. Noes 26. Page 3191.)
Action rescinded whereby the bill was re-referred to Com. on E.S. & T.M. pursuant to Assembly Rule 77.2.
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 10 pursuant to Assembly Rule 77.
Read third time, passed, and to Assembly. (Ayes 23. Noes 15. Page 2170.)
Read second time. To third reading.
Read third time, amended. To second reading.
Read second time. To third reading.
From committee: Do pass. (Ayes 8. Noes 4.) (August 17).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
In committee: Set, first hearing. Hearing canceled at the request of author.
From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 2.) (July 6).
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time, passed, and to Senate. (Ayes 42. Noes 32. Page 2058.)
Read second time. To third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 12. Noes 5.) (May 28).
Read second time and amended.
From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 7. Noes 3.) (April 28).
From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 5. Noes 2.) (April 21).
In committee: Hearing postponed by committee.
Re-referred to Com. on E.S. & T.M. by unanimous consent, and then be re-referred to Com. on JUD.
From printer. May be heard in committee February 22.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB147 | HTML |
| 01/22/09 - Introduced | |
| 05/05/09 - Amended Assembly | |
| 06/01/09 - Amended Assembly | |
| 08/17/09 - Amended Senate | |
| 09/01/09 - Amended Senate | |
| 09/11/09 - Enrolled |
| Document | Format |
|---|---|
| No related documents. |
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