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 thesaleuse ofproducts containing specified chemicalsa chemical of concern in a consumer product or restrict the sale or use ofthose productsa 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.