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February 2005

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Subject:
From:
Phil Nutting <[log in to unmask]>
Reply To:
(Leadfree Electronics Assembly Forum)
Date:
Wed, 23 Feb 2005 09:24:03 -0500
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text/plain (504 lines)
This is great stuff... Now does anybody have the Cliff's Notes version?

I fell asleep after the first paragraph.



Phil Nutting 



-----Original Message-----

From: Leadfree [mailto:[log in to unmask]] On Behalf Of John Burke

Sent: Tuesday, February 22, 2005 4:52 PM

To: [log in to unmask]

Subject: Re: [LF] California SB20 and SB50



I have just thrown the whole thing to

legal............................8-)



For a reality check.................



John



-----Original Message-----

From: Kallin, Dan [mailto:[log in to unmask]]

Sent: Tuesday, February 22, 2005 1:39 PM

To: John Burke

Subject: RE: [LF] California SB20 and SB50





Hey John



I thought 50 modified 20.



The text I copied was from the link you provided.



Dan



-----Original Message-----

From: John Burke [mailto:[log in to unmask]]

Sent: Tuesday, February 22, 2005 4:17 PM

To: Kallin, Dan

Subject: RE: [LF] California SB20 and SB50







Hey Dan,



are you referring SB 20 or 50??



John

-----Original Message-----

From: Kallin, Dan [mailto:[log in to unmask]]

Sent: Tuesday, February 22, 2005 1:07 PM

To: (Leadfree Electronics Assembly Forum); John Burke

Subject: RE: [LF] California SB20 and SB50





I agree with Jody.

I have copied the relevant sections. There is a typo in that the

reference

to 42463 should be to (f) rather than (g) which defines covered

electronic

waste.



I see it as an anti - dumping clause.  If you can not sell your monitor

in

the EU you won't be able to dump it on the poor folks in Ca.



Dan





25214.10. (a) For purposes of this section ''electronic device'' has

the same meaning as a ''covered electronic device'', as defined in

subdivision (g) of Section 42463 of Public Resources Code.

(b) The department shall adopt regulations, in accordance with this

section, that 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, to the extent that Directive 2002/95/EC, adopted by the

European Parliament and the Council of the European Union on January

27, 2003, prohibits that sale due to the presence of certain heavy

metals.





42463

(f) (1) ''Covered electronic device'' means a cathode ray tube,

cathode ray tube device, flat panel screen, or any other similar video

display device with a screen size that is greater than four inches in

size

measured diagonally and which the department determines, when

discarded or disposed, would be a hazardous waste pursuant to Chapter

6.5 (commencing with Section 25100) of Division 20 of the Health and

Safety Code.

(2) ''Covered electronic device'' does not include an automobile or

a large piece of commercial or industrial equipment, including, but not

limited to, commercial medical equipment, that contains a cathode ray

tube, cathode ray tube device, flat panel screen, or other similar video

display device that is contained within, and is not separate from, the

larger piece of industrial or commercial equipment.

(g) ''Covered electronic waste'' or ''covered e-waste'' means a

covered electronic device that is discarded or disposed.

-----Original Message-----

From: Leadfree [mailto:[log in to unmask]]On Behalf Of John Burke

Sent: Tuesday, February 22, 2005 2:07 PM

To: [log in to unmask]

Subject: Re: [LF] California SB20 and SB50





Here is the Legal Council's digest, the link is here:



http://www.leginfo.ca.gov/pub/03-04/bill/sen/sb_0001-0050/sb_20_bill_200

3092

5_chaptered.pdf



Everyone out there read this for yourselves it would be a very bad thing

to

get wrong



John





Extract from the legal council

digest.................................................



The bill

would require the department 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 in the European Union

on and after its date of manufacture, due to the presence of certain

heavy

metals. The bill would prohibit these regulations from taking effect

until

January 1, 2007, or on or after the date the Directive 2002/95/EC, as

adopted by the European Parliament and the Council of the European

Union on January 27, 2003, takes effect, whichever date is later. The

bill

would require the department to exclude certain electronic devices from

the regulations and would prohibit the department from requiring the

manufacture or sale of an electronic device that is different than, or

not

otherwise prohibited by, the European Union,

End.....................................................................

....

.........................





-----Original Message-----

From: Byram, Jody L [mailto:[log in to unmask]]

Sent: Tuesday, February 22, 2005 10:06 AM

To: (Leadfree Electronics Assembly Forum); John Burke

Subject: RE: [LF] California SB20 and SB50





The way I read it,"electronic devices" as used in that section of SB50

means

"covered electronic devices", which is fully defined elsewhere in SB50

as

meaning "CRTs, electronic devices containing CRTs or video displays" as

fully defined elsewhere in SB50.



Thanks,

Jody Byram



Sr. Staff Design Engineer

LMCSS - Newtown

215-497-1769







> -----Original Message-----

> From: Leadfree [mailto:[log in to unmask]]On Behalf Of John Burke

> Sent: Tuesday, February 22, 2005 12:58 PM

> To: [log in to unmask]

> Subject: Re: [LF] California SB20 and SB50

>

>

> The way I am reading it it embraces the whole of the RoHS legislation.

>

> Effectively, since it  references RoHS legislation directly,

> whatever the

> "rule" for electronics in the EU comes into force in

> California on January 1

> 2007.

>

> John

>

> -----Original Message-----

> From: Leadfree [mailto:[log in to unmask]]On Behalf Of Tracey

> Christiansen

> Sent: Tuesday, February 22, 2005 9:39 AM

> To: [log in to unmask]

> Subject: Re: [LF] California SB20 and SB50

>

>

> My question is:  Does the statement in SB20 adopting the RoHS

> requirements

> only apply to the scope of the SB20 rule or is it adopting the RoHS

> regulation as a whole in CA - i.e. if you can't sell it in

> the EU then you

> can't sell it in CA?

>

>

>

> Beginning January 1, 2007, or when the RoHS Directive becomes

> effective in

> the European Union (whichever comes later), lead, mercury,

> cadmium, and

> hexavalent chromium are banned from electronic equipment sold

> in California

> (SB50, page 5; SB20, page 6).

>

>

>

> Tracey C

>

> Quantum Corporate Compliance

>

>

>

> -----Original Message-----

> From: Leadfree [mailto:[log in to unmask]] On Behalf Of Kallin, Dan

> Sent: Thursday, January 27, 2005 2:42 PM

> To: [log in to unmask]

> Subject: Re: [LF] California SB20 and SB50

>

>

>

> You missed one of the most important points.

>

> "Covered electronic devices" is defined and consists solely of certain

>

> specified video display devices. It does not effect all

> electronic devices.

>

>

>

> Dan

>

>

>

>

>

> -----Original Message-----

>

> From: Leadfree [mailto:[log in to unmask]]On Behalf Of John Barnes

>

> Sent: Thursday, January 27, 2005 2:24 PM

>

> To: [log in to unmask]

>

> Subject: [LF] California SB20 and SB50

>

>

>

>

>

> LEADFREE'ers,

>

> I've been studying California's Senate Bill 20 and Senate

> Bill 50 (SB20

>

> and SB50) to see what effects they will have on design dngineers and

>

> electronics manufacturers.  I've come up with the following summary:

>

>

>

> California adopted Senate Bill No. 20 (SB20) on September 25, 2003.

>

> Senate Bill No. 50 (SB50), adopted on September 29, 2003,

> amends SB20 in

>

> a number of areas, but the combination is usually still referred to as

>

> "SB20". SB20 creates a number of bureaucratic hurdles and snares for

>

> anyone who sells, or wants to sell, certain types of electronic

>

> equipment (SB50, pages 9, 11; SB20, page 9) to consumers in

> California:

>

> *  Beginning April 1, 2004, the manufacturer must inform

> retailers that

>

>    their equipment is subject to the waste recycling fee

> (SB50, page 1).

>

> *  Beginning October 1, 2004, the manufacturer must notify the State

>

>    Board of Equilization that their product would be considered

>

>    hazardous waste when it is discarded.

>

> *  Beginning January 1, 2005, electronic equipment must be

> labeled with

>

>    the manufacturer's name or the manufacturer's brand name

> (SB50 , page

>

>    13; SB20, page 12).

>

> *  For all sales after January 1, 2005 (new or refurbished), the

>

>    manufacturer must be certified as being in compliance with SB20 by

>

>    the California Integrated Waste Management Board or the

> Department of

>

>    Toxic Substances Control (SB50, page 2).

>

> *  Beginning January 1, 2005, the retailer must collect the waste

>

>    recycling fee when they sell the equipment (SB50, pages 2, 11).

>

> *  Beginning July 1, 2005, and annually thereafter, manufacturers must

>

>    report to the State Board of Equilization how many

> electronic devices

>

>    covered by SB20 they sold in California during the

> previous year, as

>

>    well as the total amount of mercury, cadmium, lead, hexavalent

>

>    chromium, PBB's, and recyclable materials they contained

> (SB50, pages

>

>    2, 13).

>

> *  Beginning January 1, 2007, or when the RoHS Directive becomes

>

>    effective in the European Union (whichever comes later), lead,

>

>    mercury, cadmium, and hexavalent chromium are banned from

> electronic

>

>    equipment sold in California (SB50, page 5; SB20, page 6).

>

>

>

> Is this summary accurate?  Have I missed anything important?

> I want to

>

> include a good summary of SB20 and SB50 in the "Government"

> sections of

>

> my web pages

>

>    http://www.dbicorporation.com/rohs.htm  (under construction)

>

>    http://www.dbicorporation.com/rohsbib.htm

>

>

>

> Thanks!

>

>                 John Barnes KS4GL, PE, NCE, ESDC Eng, SM IEEE

>

>                 dBi Corporation

>

>                 http://www.dbicorporation.com/

>

>

>

> --------------------------------------------------------------

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