BILL NUMBER: AB 2587	CHAPTERED  09/21/04

	CHAPTER  641
	FILED WITH SECRETARY OF STATE  SEPTEMBER 21, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 21, 2004
	PASSED THE ASSEMBLY  AUGUST 25, 2004
	PASSED THE SENATE  AUGUST 24, 2004
	AMENDED IN SENATE  AUGUST 23, 2004
	AMENDED IN SENATE  JUNE 28, 2004
	AMENDED IN ASSEMBLY  APRIL 29, 2004
	AMENDED IN ASSEMBLY  MARCH 30, 2004

INTRODUCED BY   Assembly Member Chan

                        FEBRUARY 20, 2004

   An act to amend Sections 108921 and 108922 of the Health and
Safety Code, relating to toxic substances.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2587, Chan.  Hazardous chemicals.
   Existing law prohibits, on and after January 1, 2008, a person
from manufacturing, processing, as defined, 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.  Existing law
specifies that the term process, as used in this prohibition, does
not include the processing of metallic recyclables.
   This bill would change the date when the prohibition goes into
effect to June 1, 2006.  The bill would define the term "metallic
recyclable" for purposes of the definition of the term "process."
The bill would also revise the definitions of the terms "pentaBDE"
and "octaBDE" to include specified technical mixtures.  The bill
would revise the prohibition to instead prohibit the manufacturing,
processing, or distribution in commerce of a product, as defined,
that contains more than the 1/10 of 1% pentaBDE or octaBDE, except as
specified.


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


  SECTION 1.  Section 108921 of the Health and Safety Code is amended
to read:
   108921.  For purposes of this chapter, the following definitions
apply:
   (a) "OctaBDE" means octabrominated diphenyl ether or any technical
mixture in which octabrominated diphenyl ether is a predominate
congener.
   (b) "PBDE" means polybrominated diphenyl ether.
   (c) "PentaBDE" means pentabrominated diphenyl ether or any
technical mixture in which pentabrominated diphenyl ether is a
predominate congener.
   (d) "Congener" means a specific PBDE molecule.
   (e) "Process" does not include the processing of metallic
recyclables containing PBDEs that is conducted in compliance with all
applicable federal, state, and local laws.
   (f) "Product" means a product manufactured on or after June 1,
2006.
   (g) "Metallic recyclable" has the same meaning as a metallic
discard, as defined in Section 42161 of the Public Resources Code.
   (h) "Recycle" has the same meaning as defined in Section 40180 of
the Public Resources Code.
   (i) "Technical mixture" means a PBDE mixture that is sold to a
manufacturer.  A technical mixture is named for the predominant
congener in the mixture, but is not exclusively made up of that
congener.
  SEC. 2.  Section 108922 of the Health and Safety Code is amended to
read:
   108922.  On and after June 1, 2006, 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, except for products containing small quantities
of PBDEs that are produced or used for scientific research on the
health or environmental effects of PBDEs.