BILL NUMBER: AB 302	CHAPTERED
	BILL TEXT

	CHAPTER  205
	FILED WITH SECRETARY OF STATE  AUGUST 11, 2003
	APPROVED BY GOVERNOR  AUGUST 9, 2003
	PASSED THE ASSEMBLY  JULY 24, 2003
	PASSED THE SENATE  JULY 17, 2003
	AMENDED IN SENATE  JULY 7, 2003
	AMENDED IN SENATE  JULY 1, 2003
	AMENDED IN SENATE  JUNE 18, 2003
	AMENDED IN ASSEMBLY  MAY 22, 2003
	AMENDED IN ASSEMBLY  APRIL 10, 2003

INTRODUCED BY   Assembly Member Chan
   (Coauthors:  Assembly Members Koretz, Lieber, Longville, Montanez,
Nation, Pavley, and Steinberg)

                        FEBRUARY 6, 2003

   An act to add Chapter 10 (commencing with Section 108920) to Part
3 of Division 104 of the Health and Safety Code, relating to toxic
substances.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 302, Chan.  Polybrominated diphenyl ether.
   Existing law, the California Hazardous Substances Act, prohibits
the manufacture, production, preparation, compounding, packing,
selling, offering for sale, or keeping for sale within the State of
California, of a package of a misbranded hazardous substance or
banned hazardous substance.
   This bill would prohibit, on and after January 1, 2008, a person
from manufacturing, processing, or distributing in commerce a
product, or a flame-retarded part of a product, containing more than
1/10 of 1% pentaBDE or octaBDE, by mass.
   This bill would require that, on or before March 1, 2004, the
Senate Office of Research submit to the President pro Tempore of the
Senate and the Senate Environmental Quality Committee recommendations
regarding the regulation of polybrominated diphenyl ether (PBDE), as
specified.


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


  SECTION 1.  Chapter 10 (commencing with Section 108920) is added to
Part 3 of Division 104 of the Health and Safety Code, to read:

      CHAPTER 10.  POLYBROMINATED DIPHENYL ETHERS

   108920.  The Legislature finds and declares all of the following:

   (a) Chemicals known as brominated flame retardants (BFRs) are
widely used in California.  To meet stringent fire standards,
manufacturers add BFRs to a multitude of products, including plastic
housing of electronics and computers, circuit boards, and the foam
and textiles used in furniture.
   (b) Polybrominated diphenyl ether (PBDE), which is a subcategory
of BFRs, has increased fortyfold in human breast milk since the
1970s.  Women in California carry more PBDEs in their bodies than
anyone else studied in the world.
   (c) PBDE has the potential to disrupt thyroid hormone balance and
contribute to a variety of developmental deficits, including low
intelligence and learning disabilities.  PBDE may also have the
potential to cause cancer.
   (d) Substantial efforts to eliminate BFRs from products have been
made throughout the world, including private and public sectors.
These efforts have made available numerous alternatives safe to human
health while meeting stringent fire standards.  To meet market
demand, it is in the interest of California manufacturers to
eliminate the use of BFRs.
   (e) In order to protect the public health and the environment, the
Legislature believes it is necessary for the state to develop a
precautionary approach regarding the production, use, storage, and
disposal of products containing brominated fire retardants.
   108921.  For purposes of this chapter, the following definitions
apply:
   (a) "OctaBDE" means octabrominated diphenyl ether.
   (b) "PBDE" means polybrominated diphenyl ether.
   (c) "PentaBDE" means pentabrominated diphenyl ether.
   108922.  (a) On and after January 1, 2008, a person may not
manufacture, process, or distribute in commerce a product, or a
flame-retarded part of a product, containing more than one-tenth of 1
percent of pentaBDE or octaBDE, by mass.
   (b) The term "process," as used in subdivision (a), does not
include the processing of metallic recyclables containing pentaBDE or
octaBDE that is conducted in compliance with all applicable federal,
state, and local laws.
   108923.  On or before March 1, 2004, the Senate Office of Research
shall submit to the President pro Tempore of the Senate and the
Senate Environmental Quality Committee recommendations regarding the
regulation of PBDE, including relevant findings and rulings by the
European Union.