And the hardest part is that Engineers are used to dealing with facts and logic while legislators deal with spin and emotion.
My opinions only.
Dan
-----Original Message-----
From: Leadfree [mailto:[log in to unmask]]On Behalf Of John Burke
Sent: Wednesday, February 23, 2005 9:31 AM
To: [log in to unmask]
Subject: Re: [LF] California SB20 and SB50
Thanks for the clarification Dan,
Interesting isn't it that many engineers are actually dealing with this kind
of stuff on a day to day basis..........I never thought I would look back
with fond memories of getting flip chip to work lead free......ah the good
old days....8-)
John
-----Original Message-----
From: Kallin, Dan [mailto:[log in to unmask]]
Sent: Wednesday, February 23, 2005 6:06 AM
To: (Leadfree Electronics Assembly Forum); John Burke
Subject: RE: [LF] California SB20 and SB50
You are correct that they should not be confused. But they do not both
apply.
Both bills modify the same sections of the law. It is the final law which
is applicable.
SB50 was passed AFTER SB20 to clarify many questions raised when SB20 was
passed.
I should have been more careful in my response and verified the correct bill
was referenced. SB50 much more clearly defines the scope as limited to only
certain display devices in the revised definition at 42463:
Links to the Legislation (the law as opposed to the Bills) incorporate the
definitions of SB50 which are copied below.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=25001-26000&
file=25214.9-25214.10.2
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=prc&group=42001-43000&
file=42463
More info can be found at the DTSC website:
http://www.ciwmb.ca.gov/Electronics/RegIssues/
The regulations can be found at:
http://www.ciwmb.ca.gov/Electronics/Act2003/Regulations/Emergency/
SECTION 1. Section 25214.10 of the Health and Safety Code is
amended to read:
25214.10. (a) For purposes of this section, ''electronic device'' has
the same meaning as a ''covered electronic device,'' as defined in
Section 42463 of the 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, and as amended thereafter by the Commission of European
Communities, prohibits that sale due to the presence of certain heavy
metals.
SEC. 2. Section 25214.10.1 is added to the Health and Safety Code,
to read:
25214.10.1. (a) For purposes of this section, the following
definitions shall apply:
(1) ''Electronic device'' means a video display device, as defined in
subdivision (t) of Section 42463 of the Public Resources Code, with a
screen size of greater than four inches.
(2) ''Covered electronic device,'' ''manufacturer,'' and ''retailer''
have the same meaning as those terms are defined in Section 42463 of
the Public Resources Code.
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=25001-26000&
file=25214.9-25214.10.2
42463
(f) (1) Except as provided in paragraph (2), ''covered electronic
device'' means a video display device containing a screen greater than
four inches, measured diagonally, that is identified in the regulations
adopted by the department pursuant to subdivision (b) of Section
25214.10.1 of the Health and Safety Code.
(2) ''Covered electronic device'' does not include any of the
following:
(A) A video display device that is a part of a motor vehicle, as defined
in Section 415 of the Vehicle Code, or any component part of a motor
vehicle assembled by, or for, a vehicle manufacturer or franchised dealer,
including replacement parts for use in a motor vehicle.
(B) A video display device that is contained within, or a part of a piece
of industrial, commercial, or medical equipment, including monitoring
or control equipment.
(C) A video display device that is contained within a clothes washer,
clothes dryer, refrigerator, refrigerator and freezer, microwave oven,
conventional oven or range, dishwasher, room air conditioner,
dehumidifier, or air purifier.
(D) An electronic device, on and after the date that it ceases to be a
covered electronic device under subdivision (e) of Section 25214.10.1
of the Health and Safety Code.
-----Original Message-----
From: Leadfree [mailto:[log in to unmask]]On Behalf Of John Burke
Sent: Tuesday, February 22, 2005 4:48 PM
To: [log in to unmask]
Subject: Re: [LF] California SB20 and SB50
You are referring to senate bill 50.
The link I put up refers to senate bill 20 which directly refers the
european legislation.
I would advise that it is important not to confuse them.
Here is a link to the legal council advice for senate bill 50 referred to
below:
http://www.leginfo.ca.gov/pub/03-04/bill/sen/sb_0001-0050/sb_50_bill_2004092
9_chaptered.pdf
The way I view it is senate bill 20 is the RoHS equivalent for CA while
senate bill 50 is the equivalent of WEEE.
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_2003092
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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