BILL NUMBER: AB 1879 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 12, 2008
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 amend Section 25173.6 of, and 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 use of a
chemical of concern in a consumer product or restrict the sale or use
of 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 Environmental Cleanup and Fee Reform Act of 1997, creates
the Toxic Substances Control Account in the General Fund. Specified
charges imposed on corporations handling hazardous materials are
required to be deposited in that account. Under existing law, the
funds in the Toxic Substances Control Account may be appropriated to
the department for specified purposes.
This bill would add to the purposes for which the funds in the
Toxic Substances Control Account may be appropriated to the
department the regulation by the department of the use of a chemical
of concern in a consumer product or the restriction by the department
of the sale or use of a consumer product containing a chemical of
concern to prevent the exposure of individuals or the environment to
those chemicals.
This bill would delete obsolete provisions.
(2)
(3) 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. Section 25173.6 of the Health
and Safety Code is amended to read:
25173.6. (a) There is in the General Fund the Toxic Substances
Control Account, which shall be administered by the director. In
addition to any other money that may be appropriated by the
Legislature to the Toxic Substances Control Account, all of the
following shall be deposited in the account:
(1) The fees collected pursuant to Section 25205.6.
(2) The fees collected pursuant to Section 25187.2, to the extent
that those fees are for oversight of a removal or remedial action
taken under Chapter 6.8 (commencing with Section 25300) or Chapter
6.85 (commencing with Section 25396).
(3) Any fines Fines or
penalties collected pursuant to this chapter, Chapter 6.8 (commencing
with Section 25300) or Chapter 6.85 (commencing with Section 25396),
except as directed otherwise by Section 25192.
(4) Any interest Interest earned
upon money deposited in the Toxic Substances Control Account.
(5) All money recovered pursuant to Section 25360, except any
amount recovered on or before June 30, 2006, that was paid from the
Hazardous Substance Cleanup Fund.
(6) All money recovered pursuant to Section 25380.
(7) Any reimbursements Reimbursements
for funds expended from the Toxic Substances Control
Account for services provided by the department, including, but not
limited to, reimbursements required pursuant to Sections 25201.9 and
25343.
(8) Any money Money received from
the federal government pursuant to the federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as
amended (42 U.S.C. Sec. 9601 et seq.).
(9) Any money Money received from
responsible parties for remedial action or removal at a specific
site, except as otherwise provided by law.
(b) The funds deposited in the Toxic Substances Control Account
may be appropriated to the department for the following purposes:
(1) The administration and implementation of the following:
(A) Chapter 6.8 (commencing with Section 25300), except that
no funds may shall not
be expended from the Toxic Substances Control Account for
purposes of Section 25354.5.
(B) Chapter 6.85 (commencing with Section 25396).
(C) Chapter 6.11 (commencing with Section 25404), on and before
June 30, 1999.
(D)
(C) Article 10 (commencing with Section 7710) of
Chapter 1 of Division 4 of the Public Utilities Code, to the extent
the department has been delegated responsibilities by the secretary
for implementing that article.
(D) Article 14 (commencing with Section 25251).
(2) The administration of the following units within the
department:
(A) The Human and Ecological Risk Division.
(B) The Hazardous Materials Laboratory.
(C) The Office of Pollution Prevention and Technology Development.
(3) For allocation to the Office of Environmental Health Hazard
Assessment, pursuant to an interagency agreement, to assist the
department as needed in administering the programs described in
subparagraphs (A) and (B) of paragraph (1).
(4) For allocation to the State Board of Equalization to pay
refunds of fees collected pursuant to Section 43054 of the Revenue
and Taxation Code.
(5) For the state share mandated pursuant to paragraph (3) of
subsection (c) of Section 104 of the federal Comprehensive
Environmental Response, Compensation, and Liability Act of 1980, as
amended (42 U.S.C. Sec. 9604(c)(3)).
(6) For the purchase by the state, or by any
a local agency with the prior approval of the director, of
hazardous substance response equipment and other preparations for
response to a release of hazardous substances. However, all equipment
shall be purchased in a cost-effective manner after consideration of
the adequacy of existing equipment owned by the state or the local
agency, and the availability of equipment owned by private
contractors.
(7) For payment of all costs of removal and remedial action
incurred by the state, or by any local agency with the approval of
the director, in response to a release or threatened release of a
hazardous substance, to the extent the costs are not reimbursed by
the federal Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.).
(8) For payment of all costs of actions taken pursuant to
subdivision (b) of Section 25358.3, to the extent that these costs
are not paid by the federal Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec.
9601 et seq.).
(9) For all costs incurred by the department in cooperation with
the Agency for Toxic Substances and Disease Registry established
pursuant to subsection (i) of Section 104 of the federal
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980, as amended (42 U.S.C. Sec. 9604(i)) and all costs of health
effects studies undertaken regarding specific sites or specific
substances at specific sites. Funds appropriated for this purpose
shall not exceed five hundred thousand dollars ($500,000) in any
single fiscal year. However, these actions shall not duplicate
reasonably available federal actions and studies.
(10) For repayment of the principal of, and interest on, bonds
sold pursuant to Article 7.5 (commencing with Section 25385) of
Chapter 6.8 .
(11) For the reasonable and necessary administrative costs and
expenses of the Hazardous Substance Cleanup Arbitration Panel created
pursuant to Section 25356.2.
(12) Direct site remediation costs.
(13) For the department's expenses for staff to perform oversight
of investigations, characterizations, removals, remediations, or
long-term operation and maintenance.
(14) For the administration and collection of the fees imposed
pursuant to Section 25205.6.
(c) The funds deposited in the Toxic Substances Control Account
may be appropriated by the Legislature to the office of the Attorney
General for the support of the Toxic Substance Enforcement Program in
the office of the Attorney General, in carrying out the purposes of
Chapter 6.8 (commencing with Section 25300) and Chapter 6.85
(commencing with Section 25396). Expenditures for the purposes of
this subdivision are not subject to an interagency or
interdepartmental agreement.
(d) The director shall expend federal funds in the Toxic
Substances Control Account consistent with the requirements specified
in Section 114 of the federal Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec.
9614), upon appropriation by the Legislature, for the purposes for
which they were provided to the state.
(e) Money in the Toxic Substances Control Account shall not be
expended to conduct removal or remedial actions if any significant
portion of the hazardous substances to be removed or remedied
originated from a source outside the state.
(f) The Director of Finance, upon request of the director, may
make a loan from the General Fund to the Toxic Substances Control
Account to meet cash needs. The loan shall be subject to the
repayment provisions of Section 16351 of the Government Code and the
interest provisions of Section 16314 of the Government Code.
(g) The Toxic Substances Control Account established pursuant to
subdivision (a) is the successor fund of all of the following:
(1) The Hazardous Substance Account established pursuant to
Section 25330, as that section read on June 30, 2006.
(2) The Hazardous Substance Clearing Account established pursuant
to Section 25334, as that section read on June 30, 2006.
(3) The Hazardous Substance Cleanup Fund established pursuant to
Section 25385.3, as that section read on June 30, 2006.
(4) The Superfund Bond Trust Fund established pursuant to Section
25385.8, as that section read on June 30, 2006.
(h) On and after July 1, 2006, all assets, liabilities, and
surplus of the accounts and funds listed in subdivision (g), shall be
transferred to, and become a part of, the Toxic Substances Control
Account, as provided by Section 16346 of the Government Code. All
existing appropriations from these accounts, to the extent
encumbered, shall continue to be available for the same purposes and
periods from the Toxic Substances Control Account.
(i) Notwithstanding Section 7550.5 of the Government
Code, the The department, on or before February
1 of each year, shall report to the Governor and the Legislature on
the prior fiscal year's expenditure of funds within the Toxic
Substances Control Account for the purposes specified in subdivision
(b).
SEC. 2. SEC. 3. 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.
(3) "Device" as defined in Section 4023 of the Business and
Professions Code.
(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 Jul y
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 July 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. SEC. 4. 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.