Proposed California Bill Would Expend Applicability of RoHS Restrictions on Electronic Devices
Proposed California Bill Would Expand Applicability of RoHS Restrictions on Electronic Devices－AB 48
AB 48, introduced by California Assembly member Saldana on December 4, 2006, would amend existing law that applies sale prohibitions, based on the presence of certain heavy metals, only to a narrow category of “covered electronic devices.” The bill would expand the definition of covered products to include all electronic devices that are dependent on electric currents or electromagnetic fields up to specified voltages, fall within the scope of particular European Union directive articles, or are designed for generation, transfer or measurement of electronic currents or fields.
Existing law defines the term “electronic device,” for purposes of those provisions, with reference to the Electronic Waste Recycling Act of 2003, which defines the term “electronic device” as a video display device, as specified, that is identified by the department, pursuant to specified regulations, as a presumed hazardous waste when discarded.
This bill would define the term “ROHS directive” to mean that directive and would revise the definition of “electronic device” for purposes of that sale prohibition to mean, instead, a device:
That is dependent on electric currents or electromagnetic fields to work properly or that is a device for the generation, transfer or measurement of electric currents or fields
That falls within the scope of Article 2 of Directive 2002/96/EC
That is designed for use with a voltage rating that does not exceed 1,000 volts for alternating current and 1,500 volts for direct current; and
That falls within the scope of Article 2.1 of the ROHS directive. The bill would exclude fixed installation electrical, or mechanical, or both electrical and mechanical, devices, as specified, from the definition of “electronic device.” In other words, “Electronic device” does not include a fixed installation electrical, or mechanical, or both electrical and mechanical device that is electrically wired directly to the fixed electrical system, or connected to the fixed mechanical system of a structure, or both the fixed electrical and mechanical system; and cannot be readily disconnected without altering the electrical, or mechanical, system connections, or both the electrical and mechanical system connections. An electronic device that is portable and uses an electrical plug as the means to connect to an electrical source is not a fixed installation electrical, or mechanical, or both electrical and mechanical, device.
In addition, the bill would exempt, from the regulations adopted pursuant to those provisions:
(A) An electronic device, or a component of such a device, that is not subject to the RoHS directive (B) An electronic device, including a medical device, that contains a substance that is used to comply
with consumer, health,or safety requirements that are required by the Underwriters Laboratory, the federal government, or the state
(C) A device that is refurbished or sold for reuse and (D) A spare part used for the repair and extension of the lifetime of an electronic device Besides, the bill would provide that electronic devices, or components of electronic devices, that are initially exempted by the RoHS directive but are subsequently subjected to the RoHS directive may not be prohibited from sale in the state until at least 24 months after the effective date of the sale prohibition in the European Union.
The bill would require the regulations adopted by the department, except for those applicable to video display devices, as defined, to implement the changes made by the bill to take effect on January 1, 2010.
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