BILL NUMBER: AB 1879	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 17, 2008
	AMENDED IN ASSEMBLY  MAY 28, 2008
	AMENDED IN ASSEMBLY  APRIL 3, 2008

INTRODUCED BY   Assembly Members Feuer and Huffman

                        FEBRUARY 4, 2008

   An act to add Article 14 (commencing with Section 25251) to
Chapter 6.5 of Division 20 of the Health and Safety Code, relating to
hazardous materials.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1879, as amended, Feuer. Hazardous materials: toxic substances.

    (1) Existing law establishes the Department of Toxic Substances
Control, in the California Environmental Protection Agency, with
powers and duties regarding, among other things, hazardous waste
disposal, underground storage of hazardous substances and waste, and
the handling and release of hazardous materials.
   This bill would authorize the department to regulate the 
sale   use  of  products containing
specified chemicals   a chemical of concern in a
consumer product  or restrict the sale or use of  those
products   a consumer product that contains a chemical
of concern  to prevent the exposure of individuals or the
environment to the specified chemicals. The department would be
required to prioritize regulatory action based on specified criteria.
The department would be authorized to require a manufacturer of a
consumer product containing the specified chemicals to label its
product indicating the presence of the chemical and health effects
associated with the chemical. The department would be required to
implement this measure in conformity with applicable federal laws and
regulations. Because violation of the regulations adopted by the
department pursuant to the bill would be a crime, this bill would
impose a state-mandated local program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Toxic chemicals are inherently hazardous to the health and
well-being of all Californians.
   (b) Toxic chemicals from discarded products harm the California
environment and diminish the productive economic sectors such as
agriculture and tourism.
   (c) No comprehensive statewide data exists on the use of toxic
chemicals, their toxicological properties, or their content in
consumer products.
   (d) Studies, from states where this data exists, show that more
toxic chemicals are incorporated into manufactured products than are
released into the environment.
   (e) The United States Environmental Protection Agency estimates
that 600 new hazardous wastesites will be added each month to the
existing 77,000 sites between now and 2033.
   (f) Among children, chemical exposures are estimated to contribute
to 100 percent of lead poisoning cases, 10 percent to 35 percent of
asthma cases, 2 percent to 10 percent of certain cancers, and 5
percent to 20 percent of behavioral disorders.
   (g) Many toxic chemicals accumulate in the tissues of humans and
other organisms, putting them at risk of the adverse effects of
chronic, long-term exposure, including cancer and reproductive
problems.
   (h) The people and businesses of the state require current,
accurate information regarding the characteristics of chemicals and
products that they use, so that they can make informed decisions
about the products they use and purchase.
   (i) Advances in scientific knowledge provide opportunities to
modernize methods used to test for potential hazards of chemicals to
provide better information.
   (j) It is important to consider all of the health end points that
are relevant to the people of the state in the design and
implementation of programs for toxic chemicals.
  SEC. 2.  Article 14 (commencing with Section 25251) is added to
Chapter 6.5 of Division 20 of the Health and Safety Code, to read:

      Article 14.  Chemicals of Concern in Consumer Products


   25251.  For the purposes of this article, the following terms have
the following meanings:
   (a) "Chemical of concern" means phthalates, mercury, lead,
cadmium, arsenic, polybrominated diphenylethers (PBDEs), and
hexavalent chromium.
   (b) "Consumer product" means a product or part of the product that
is used, bought, or leased for use by a person for any purpose.
"Consumer product" does not include any of the following:
   (1) "Dangerous drug" or "dangerous device" as defined in Section
4022 of the Business and Professions Code. 
   (2) "Dental restorative materials" as defined in subdivision (b)
of Section 1648.20 of the Business and Professions Code. 

   (2) 
    (3)  "Device" as defined in Section 4023 of the Business
and Professions Code. 
   (3) 
    (4)  "Food" as defined in subdivision (a) of Section
109935. 
   (5) The packaging associated with any of the terms specified in
paragraph (1), (2), or (3). 
   (c) "Phthalates" means di-2-ethylhexyl phthalate (DEHP), dibutyl
phthalate (DBP), benzyl butyl phthalate (BBP), diisononyl phthalate
(DINP), diisodecyl phthalate (DIDP), di-n-hexyl phthalate (DnHP), or
di-n-octyl phthalate (DnOP).
   (d) "Responsible disposal" means a method of disposal that is
readily accessible to consumers and that prevents individuals or the
environment from being exposed to a chemical of concern.
   (e) "Restrict" means to establish conditions for use that may
include, but are not limited to, setting maximum concentrations,
requiring specific product formulations or configurations, or setting
provisions for use.
   (f) "Sensitive population" means a group of individuals who are
particularly sensitive to hazardous chemicals including, but not
limited to, infants, children, persons with compromised immune
systems, pregnant women, women who may become pregnant, persons with
chronic illnesses, persons who bear a substantial burden of
cumulative chemical exposure, and the elderly.
   25251.1.  The department may regulate the use of a chemical of
concern in a consumer product or restrict the sale or use of a
product that contains a chemical of concern to prevent the exposure
of individuals or the environment to the chemical of concern.
   25251.2.  (a) For a consumer product manufactured, distributed, or
sold prior to January 1, 2010, the department may do any of the
following:
   (1) Require a manufacturer of the consumer product containing a
chemical of concern to establish a take-back program for recycling or
responsible disposal of the consumer product and establish
requirements for the recycling or responsible disposal of the
consumer product.
   (2) Design approaches to extract chemicals of concern from the
chain of commerce or from home, work, or school environments and
provide that the extracted chemicals of concern be recycled or
managed safely.
   (3) Take other actions the department deems necessary to prevent
individuals or the environment from being exposed to chemicals of
concern.
   (b) For consumer products manufactured, distributed, or sold after
January 1, 2010, the department may do any of the following:
   (1) Require a manufacturer of a consumer product containing a
chemical of concern to establish a take-back program for recycling or
responsible disposal of the consumer product and establish
requirements for the recycling or responsible disposal of the
consumer product.
   (2) Restrict the use of the chemical of concern in the consumer
product.
   (3) Prohibit the use of the chemical of concern in the consumer
product.
   (4) Design approaches to extract chemicals of concern from the
chain of commerce or from home, work, or school environments and
provide that the extracted chemicals of concern be recycled or
managed safely.
   (5) Take other actions the department deems necessary to prevent
individuals or the environment from being exposed to chemicals of
concern.
   (c) In selecting an action under subdivision (b), the department
shall select the action or actions that best meet the purposes of
this article.
   25251.3.  (a) The department shall prioritize regulatory action
for the following consumer products:
   (1) Those used or designed for use by sensitive populations.
   (2) Those most likely to expose individuals or the environment to
one or more chemicals of concern.
   (b) In prioritizing the regulatory action pursuant to subdivision
(a), the department shall consider both of the following:
   (1) The cumulative exposure to one or more chemicals of concern
through multiple products or from multiple sources, including
multiple media.
   (2) The synergistic effects of exposure to multiple chemicals of
concern.
   (c) Consistent with this article, the department shall select
regulatory actions that best prevent the exposure of individuals to
the chemicals of concern or the release of a chemical of concern into
the environment.
   25251.4.  The department may require a manufacturer to label a
consumer product that contains a chemical of concern in ways that are
understandable to the public and that indicate the presence of a
chemical of concern and its associated health effect or effects.
   25251.5.  The department shall implement this article in
conformity with applicable federal laws and regulations.
   25251.6.  It is the intent of the Legislature, in enacting this
article, to explicitly specify the department's regulatory authority
over a consumer product containing a chemical of concern and this
article does not limit or restrict the department's existing
regulatory authority over hazardous materials. 
   25251.7.  This article does not limit, nor shall it be construed
to limit, the department's existing authority over hazardous
materials. 
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.