BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  AB 1681
          Author:   Pavley (D), et al
          Amended:  8/24/06 in Senate
          Vote:     21

           
           SENATE ENV. QUALITY COMMITTEE  :  5-2, 6/26/06
          AYES:  Simitian, Chesbro, Escutia, Kuehl, Lowenthal
          NOES:  Runner, Cox

           SENATE APPROPRIATIONS COMMITTEE  :  8-5, 8/17/06
          AYES:  Murray, Alarcon, Alquist, Escutia, Florez, Ortiz,  
            Romero, Torlakson
          NOES:  Aanestad, Ashburn, Battin, Dutton, Poochigian
           
          ASSEMBLY FLOOR  :  48-31, 6/2/05 - See last page for vote


           SUBJECT  :    Lead-containing jewelry

           SOURCE  :     The Center for Environmental Health


           DIGEST  :    This bill prohibits the manufacture or sale of  
          jewelry in California unless it is in a Class 1, 2 or 3  
          category.

           Senate Floor Amendments  of 8/24/06 are technical and  
          clarifying in nature.

           ANALYSIS  :    

          Existing law:
                                                           CONTINUED





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          1. Establishes a "Universal Waste Rule" under which high  
             volume, relatively low-risk hazardous waste (such as  
             many consumer products containing mercury and lead) can  
             be handled, recycled, and disposed of according to  
             simplified, "universal" rules.  Universal wastes  
             produced by households and small businesses can continue  
             to be disposed of in landfills until February 2007.   
             Otherwise, universal wastes must be sent to authorized  
             recycling facilities or to a universal waste  
             consolidator.

          2. Lists lead on California's Proposition 65 (the Safe  
             Drinking Water and Toxic Enforcement Act of 1986) list  
             which includes all toxins that are known to the state to  
             cause cancer and reproductive damage.

          3. Prohibits, pursuant to the Federal Sherman Food, Drug,  
             and Cosmetic Law, the sale of adulterated food,  
             including food adulterated with lead.

          4. Prohibits the installation of leaded pipes.

          5. Prohibits the sale and distribution of toys containing  
             lead paint.

          6. Prohibits the sale and distribution of tableware  
             containing lead above certain levels.

          7. Requires the Department of Health Services (DHS) to  
             establish a childhood lead poisoning prevention program  
             to identify and conduct medical follow-up of high-risk  
             children and to establish procedures for environmental  
             abatement.

          8. Requires DHS to assess a fee against persons who  
             contributed to sources of lead contamination to fund the  
             activities of the state's childhood lead poisoning  
             prevention program.

          This bill:

          1. Requires that on and after March 1, 2008, no person  
             shall manufacture, ship, sell, or offer for sale jewelry  







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             for retail sale in California unless it is made entirely  
             from Class 1, Class 2, and/or Class 3 materials, as  
             defined:

             A.    Class 1:  Contains no lead.

             B.    Class 2:  Metal Alloys with less than 10 percent  
                lead that are electroplated with suitable under and  
                finish coats before August 31, 2009, and six percent  
                on and after August 31, 2009.

             C.    Unplated metal with less than 1.5 percent lead  
                that is not listed as a Class 1 material.

             D.    Plastic or rubber, including acrylic, polystyrene,  
                plastic beads and stones, and polyvinyl chloride  
                (PVC) components can contain no more than 600 parts  
                per million (ppm) on and before August 30, 2009, and  
                200 ppm on and after August 31, 2009.

             E.    Dyes or surface coatings containing less than 600  
                ppm lead.

             F.    Class 3:  Not a Class 1 or Class 2 material and  
                contains less than 600 ppm lead.

          2. Requires that, on and after September 1, 2007, a person  
             shall not manufacture, ship, sell or offer for sale  
             children's jewelry for retail sale in California unless  
             the jewelry is made entirely from one or more of the  
             following materials:

             A.    Nonmetallic materials that are Class 1 materials.

             B.    Nonmetallic materials that are Class 2 materials.

             C.    Metal components in and coatings on children's  
                jewelry must contain less than 600 ppm of lead.

             D.    Glass or crystal decorative components that weigh  
                in total no more than 1.0 gram, excluding any glass  
                or crystal decorative component that contains less  
                than 200 ppm lead by weight and has no intentionally  
                added lead.







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             E.    Printing inks or ceramic glazes that contain less  
                than 600 ppm lead.

             F.    Class 3 materials that contain less than 200 ppm.

          Background  .  In June 2004, the Attorney General filed a  
          lawsuit against numerous California-based retailers  
          alleging they violated Proposition 65 by failing to warn  
          consumers about the health risks of exposure to the lead  
          contained in certain jewelry.  The state's testing found  
          high levels of lead in both the metallic and nonmetallic  
          components of the jewelry targeted in the case.  The  
          amounts were well above the level that triggers the  
          requirement to provide a Proposition 65 warning to  
          consumers.  In December 2004, the retailers agreed to  
          mediate.  The settlement was reached in January 2006.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

             Major Provisions                2006-07     2007-08     
             2008-09               Fund  

            Penalty revenue gain                    $100       
            $100Special
            DTSC* to sample                         $300       
            $300Special

            * Department of Toxic Substances Control

           SUPPORT  :   (Verified  8/18/06)

          The Center for Environmental Health (source)
          A New Way of Life Reentry Project
          California Communities Against Toxics
          Environment California
          Healthy Children Organizing Project
          Planning and Conservation League
          The Girl Scouts







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          The Sierra Club
          Women's Mountain Passages
          Youth for Change

           ARGUMENTS IN SUPPORT  :    According to the Senate  
          Environmental Quality Committee analysis, the purpose of  
          this bill is to reduce child and adult exposure to lead.   
          This bill codifies the "global" settlement reached in a  
          Proposition 65 case between the Center for Environmental  
          Health, the Attorney General, and a group of retailer and  
          wholesaler defendants, which sets a lead content standard  
          for all types of jewelry imported into, and sold and  
          distributed in California.  Without the enactment of a  
          strict lead-content standard, jewelry containing hazardous  
          levels of lead will continue to be marketed to the public  
          and to children.


           ASSEMBLY FLOOR  : 
          AYES:  Arambula, Baca, Bass, Berg, Bermudez, Calderon,  
            Canciamilla, Chan, Chavez, Chu, Cohn, Coto, De La Torre,  
            Dymally, Evans, Frommer, Goldberg, Hancock, Jerome  
            Horton, Jones, Karnette, Klehs, Koretz, Laird, Leno,  
            Levine, Lieber, Liu, Matthews, Montanez, Mullin, Nation,  
            Nava, Negrete McLeod, Oropeza, Parra, Pavley,  
            Ridley-Thomas, Ruskin, Saldana, Salinas, Torrico, Tran,  
            Umberg, Vargas, Wolk, Yee, Nunez
          NOES:  Aghazarian, Benoit, Blakeslee, Bogh, Cogdill,  
            Daucher, DeVore, Emmerson, Garcia, Harman, Haynes,  
            Shirley Horton, Houston, Huff, Keene, La Malfa, La Suer,  
            Leslie, Maze, McCarthy, Mountjoy, Nakanishi, Niello,  
            Plescia, Richman, Sharon Runner, Spitzer, Strickland,  
            Villines, Walters, Wyland
          NO VOTE RECORDED:  Gordon


          CTW:mel  8/25/06   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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