Sustainability & Market Development Committee October 4, 2005 Full Board October 18-19, 2005

1. An Overview of Proposed Changes to the Emergency Regulations for the Implementation of the Electronic Waste Recycling Act of 2003 (SB 20/50) Sustainability & Market Development CommitteeOctober 4, 2005 Full BoardOctober 18-19, 2005 CIWMB Electronic Waste Recycling Program www.ciwmb.ca.gov/electronics/

2. Background • September Committee Meeting • Summarized 8/23 stakeholder workshop • Initial kickoff for final regulations • Presented options for addressing identified priority challenges: • Administrative fixes • Minor revisions to existing emergency regulations • Proceed with final rulemaking • Staff committed to return with recommendation

3. Payment System Participants CIWMB with DTSC approves collectors and recyclers to participate in system We only regulate approved participants 306 approved collectors 40 approved recyclers / dual entities CIWMB pays recyclers; recyclers pay collectors

4. Priority Payment System Challenges Handling of covered electronic waste (CEWs) that are undocumented (source anonymous) but possibly otherwise eligible CEWs resulting from load-check activities, illegal dumping clean-up or incidents of abandoned waste One area not contemplated or addressed in emer regs Local Government agent provision Uneven application of “local government agent” provision Regulations don’t define what or who an agent is Liability concerns may hinder designation of an agent by some local governments

5. Summary of Recommendations • Add three new definitions • Designated Approved Collector • Proof of Designation • Source-Anonymous CEWs • Describe conditions and parameters • Believe these will address majority of immediate concerns without inflicting significant structural changes to existing emergency regs • Continue to evaluate and adjust as necessary in final regulations

6. Source Anonymous (SA) CEWsProgram Recommendation • Allow up to 5% of an approved recycler’s claim to consist of SA CEWs • As defined • With proper documentation • SA CEWs result from load check activities, illegal dumping clean-up and incidents of abandoned waste

7. Source-Anonymous CEWs “…means CEWs whose originating California source cannot be identified in collection log information required pursuant to 18660.20(j)(1)(B)” • which is the requirement for a list of the name and address of the consumer

8. SA CEWs Source Documentation • Brief written description of activity or incident that resulted in the SA CEWs • Specific date and location • Number and estimate of the weight of SA CEWs collected • Contact name, organization, address and phone number associated with the location of the CEWs

9. Local Government DesignationProgram Recommendation • Remove the word “agent” • Add definition of “designated approved collector” • Define conditions to be a designated approved collector, including “proof of designation”

10. Designated Approved Collector “…means an approved collector…that has been designated by a California local government to provide CEW collection services for or on behalf of the local government and who, in the course of providing the services for the local government, would not be subject to the source documentation requirements pursuant to 18660.20(j)(1)(B)”

11. Proof of Designation “…means a document or other demonstration that must be secured by the designated approved collector from a California local government that, at a minimum, specifies the information required pursuant to 18660.20(k)

12. Proof of Designation includes:(18660.20(k)) • Beginning and end dates of the designation • Geographic area of collection, and the location where collection occurs • Customer type to be served

13. Other Stakeholder Suggestions Any approved collector operating under a contract or franchise agreement with a local government to provide solid waste or recycling services is automatically a “designated approved collector” Revisit past claims under new rules or grant amnesty and pay for accumulated undocumented CEW Make no changes to existing emergency regulations and proceed with final regulations

14. Reasoning behind staff recommendations • 5% SA CEWs • Compromise between stakeholders’ comments • Follows comments by Committee members at Sept. 13th meeting • Currently have NO data on size of the problem • Recommendation will provide the data needed to proceed with final rulemaking

15. Reasoning behind staff recommendations • Local government designation • Jurisdictions need to know who is performing work on their behalf for financial reward offered by the Act • Designation can be portion of contract or simple form letter (as long as it meets requirements)

16. Reasoning behind staff recommendations • No review of previously submitted payment claims that were adjusted or denied • Unfair to collectors and recyclers that played by existing rules and turned away material without source documentation • Staff recommendations make review of past claims unnecessary

17. Intent of the Act Provide financial relief for managing covered electronic waste Foster cost-free recycling opportunities for consumers throughout the state Reduce illegal dumping Eliminate the stockpile of waste monitors/TVs Decrease amount of hazardous materials in covered products