BILL NUMBER: SB 2053	CHAPTERED  09/15/02

	CHAPTER  572
	FILED WITH SECRETARY OF STATE  SEPTEMBER 15, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 14, 2002
	PASSED THE ASSEMBLY  AUGUST 22, 2002
	PASSED THE SENATE  MAY 23, 2002

INTRODUCED BY   Senator Sher

                        FEBRUARY 22, 2002

   An act to amend Section 44321 of the Health and Safety Code,
relating to air resources.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 2053, Sher.  Air toxics.
   Existing law requires the State Air Resources Board to compile and
maintain a list of toxic air pollutants, as specified.
   This bill would require the state board to include on the list
certain substances designated by the state board as toxic air
contaminants pursuant to the federal Clean Air Act.  The bill would
make other technical changes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 44321 of the Health and Safety Code is amended
to read:
   44321.  For the purposes of Section 44320, the state board shall
compile and maintain a list of substances that contains, but is not
limited to, all of the following:
   (a) Substances identified by reference in paragraph (1) of
subdivision (b) of Section 6382 of the Labor Code and substances
placed on the list prepared by the National Toxicology Program and
issued by the United States Secretary of Health and Human Services
pursuant to paragraph (4) of subsection (b) of Section 241 of Title
42 of the United States Code.  For the purposes of this subdivision,
the state board may remove from the list any substance which meets
both of the following criteria:
   (1) No evidence exists that it has been detected in air.
   (2) The substance is not manufactured or used in California, or,
if manufactured or used in California, because of the physical or
chemical characteristics of the substance or the manner in which it
is manufactured or used, there is no possibility that it will become
airborne.
   (b) Carcinogens and reproductive toxins referenced in or compiled
pursuant to Section 25249.8, except those which meet both of the
criteria identified in subdivision (a).
   (c) Substances designated by the state board as toxic air
contaminants pursuant to subdivision (b) of Section 39657 and
substances on the candidate list of potential toxic air contaminants
and the list of designated toxic air contaminants prepared by the
state board pursuant to Article 3 (commencing with Section 39660) of
Chapter 3.5 of Part 2, including, but not limited to, all substances
currently under review and scheduled or nominated for review and
substances identified and listed for which health effects information
is limited.
   (d) Substances for which an information or hazard alert has been
issued by the repository of current data established pursuant to
Section 147.2 of the Labor Code.
   (e) Substances reviewed, under review, or scheduled for review as
air toxics or potential air toxics by the Office of Air Quality
Planning and Standards of the Environmental Protection Agency,
including substances evaluated in all of the following categories or
their equivalent:  preliminary health and source screening, detailed
assessment, intent to list, decision not to regulate, listed,
standard proposed, and standard promulgated.
   (f) Any additional substances recognized by the state board as
presenting a chronic or acute threat to public health when present in
the ambient air, including, but not limited to, any neurotoxicants
or chronic respiratory toxicants not included within subdivision (a),
(b), (c), (d), or (e).