E-waste Recycling Accord Reached
by Ann E. Marimow, Mercury News (Sacramento Bureau)
30 August 2003 (Sacramento, CA.) –
Landmark legislation to recycle televisions and computers that contain toxic materials cleared a major hurdle in the Assembly on Friday, after a compromise was reached between some key electronics companies and environmentalists.
Consumers would pay an upfront fee of $6 to $10 at retail stores as well as on telephone and Internet sales to cover the cost of recycling electronic waste with lead and mercury, which are banned from California landfills.
The bill also would ban the export of e-waste to countries that do not adhere to environmental standards similar to those in the United States. A Mercury News investigation in November documented the dangers of e-waste in places such as China, where discarded computers often end up as hazardous trash.
The measure would create the first state e-waste program in the nation.
Gov. Gray Davis vetoed a similar measure last year because it would have set up a new bureaucracy to handle the recycling program. But Davis has indicated he will sign a bill this year if it is approved by the Legislature, which could pass the measure as early as next week.
In a letter to environmentalists, the governor said this week that he hopes that the Legislature "will pass a bill in the coming days so that California can, yet again, be at the forefront of remedying a critical environmental problem.''
Some experts estimate there are at least 6 million obsolete computers and televisions gathering dust in California's garages and attics.
Cities from San Jose to San Francisco have been overwhelmed by the cost of disposing of e-waste and often charge residents as much as $20 to recycle it.
State reimbursement
Under the proposal, which would take effect in July, the state would use the fees to reimburse both cities and non-profits that collect used electronics, and companies that haul and recycle them. Consumers would not be charged to drop off electronics at collection sites.
"We would have preferred a bill in which the manufacturers took greater responsibility for their products' end life,'' said Mark Murray, executive director of Californians Against Waste. But he said the measure will "protect the health and safety of both Californians and those living in developing nations.''
State Sen. Byron Sher, D-San Jose, worked for months with computer giant Hewlett-Packard to craft a bill that would have made electronics manufacturers responsible for taking back and recycling their products through mail-in or drop-off sites.
But Sher and Palo Alto-based HP could not reach an agreement. To win support from IBM, Sony and other electronics companies, Sher scrapped those efforts this week and opted for a simplified approach similar to his bill last year. Many major electronics companies, including HP, already take back their own products for a fee.
The measure passed the Assembly Appropriations Committee on Friday and heads to the Assembly floor. The Senate, which approved an earlier version, is expected to concur with the changes.
Under the bill, manufacturers would also have to report periodically to the California Integrated Waste Management Board on the amount of toxic materials used in their products and the amount of recyclable materials they incorporate in their designs. No targets were set for companies to reduce their reliance on toxic chemicals or increase their use of reused parts.
Creating incentive
"Public disclosure alone will go a long way towards creating an incentive to reduce toxics and increase recyclable materials,'' said Sher's chief of staff, Kip Lipper. "These companies are exquisitely sensitive to consumer opinion.''
HP does not oppose the bill, but remains lukewarm about it. Kristine Berman, a company spokeswoman, said HP is concerned about whether the fee can legally be collected on products made by out-of-state companies, such as Texas-based Dell, the largest manufacturer of PCs.
``We want to make sure Internet sales don't escape,'' Berman said. "We'd like to know that it can be collected from everyone and that the state can enforce it.''
Sher assured the appropriations committee Friday that the fee applies to Internet sales. If a court invalidates the fee on out-of-state sales, Sher said, the bill specifies that the fee will then be suspended on all sales.
Sher believes the fee on electronics sold over the phone or Internet would withstand a court challenge. California already charges 36 environmental fees on out-of-state products, such as motor oil.
Dell would not comment Friday on the specifics of the legislation. But spokeswoman Jennifer Davis said, "We want to make sure we're delivering the very best value, and we hesitate to pass costs along to our customers.''
She said Dell, which has its own program to recycle, would "prefer to make any decisions on recycling based on customer feedback and interaction.''
Contact Ann E. Marimow at amarimow@mercurynews.com or (916) 325-4315.
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