BILL NUMBER: AB 1879	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 25, 2008
	PASSED THE ASSEMBLY  AUGUST 31, 2008
	AMENDED IN SENATE  AUGUST 20, 2008
	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
   (Principal coauthors: Assembly Members Blakeslee, Hernandez, and
Solorio)
   (Principal coauthor: Senator Simitian)
   (Coauthor: Senator Calderon)

                        FEBRUARY 4, 2008

   An act to add Sections 25252, 25252.5, 25253, 25254, 25255, and
25257 to the Health and Safety Code, relating to hazardous materials.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1879, 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 require the department by January 1, 2011, to
adopt regulations to establish a process by which chemicals or
chemical ingredients in products may be identified and prioritized
for consideration as being chemicals of concern. The bill would
specify a procedure for the adoption of those regulations, including
requiring that the department, in adopting those regulations, prepare
a multimedia life cycle evaluation, as defined, and submit the
regulations and the multimedia life cycle evaluation to the
California Environmental Policy Council for review.
   The department would also be required to adopt, by January 1,
2011, regulations to establish a process by which chemicals of
concern in products, and their potential alternatives, are evaluated
to determine how best to limit exposure or to reduce the level of
hazard posed by a chemical of concern. The regulations would be
required to specify actions that the department may take following
the completion of the analysis, including imposing requirements to
provide additional information, requirements for labeling or other
types of product information, controlling access to or limiting
exposure, managing the product at the end of its useful life, or
funding green chemistry challenge grants, restrictions on the use of
the chemical of concern in the product, or prohibitions on use.
   The bill would require the department to establish a Green Ribbon
Science Panel to advise the department and the council.
   The bill would establish a procedure for the protection of
information submitted to the department that is claimed to be a trade
secret. Because a 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.
   This bill would become effective only if SB 509 is enacted on or
before January 1, 2009.
   (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.


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

  SECTION 1.  Section 25252 is added to the Health and Safety Code,
to read:
   25252.  (a) On or before January 1, 2011, the department shall
adopt regulations to establish a process to identify and prioritize
those chemicals or chemical ingredients in consumer products that may
be considered as being a chemical of concern, in accordance with the
review process specified in Section 25252.5. The department shall
adopt these regulations in consultation with the office and all
appropriate state agencies and after conducting one or more public
workshops for which the department provides public notice and
provides an opportunity for all interested parties to comment. The
regulations adopted pursuant to this section shall establish an
identification and prioritization process that includes, but is not
limited to, all of the following considerations:
   (1) The volume of the chemical in commerce in this state.
   (2) The potential for exposure to the chemical in a consumer
product.
   (3) Potential effects on sensitive subpopulations, including
infants and children.
   (b) (1) In adopting regulations pursuant to this section, the
department shall develop criteria by which chemicals and their
alternatives may be evaluated. These criteria shall include, but not
be limited to, the traits, characteristics and endpoints that are
included in the clearinghouse data pursuant to Section 25256.1.
   (2) In adopting regulations pursuant to this section, the
department shall reference and use, to the maximum extent feasible,
available information from other nations, governments, and
authoritative bodies that have undertaken similar chemical
prioritization processes, so as to leverage the work and costs
already incurred by those entities and to minimize costs and maximize
benefits for the state's economy.
   (3) Paragraph (2) does not require the department, when adopting
regulations pursuant to this section, to reference and use only the
available information specified in paragraph (2).
  SEC. 2.  Section 25252.5 is added to the Health and Safety Code, to
read:
   25252.5.  (a) Except as provided in subdivision (f), the
department, in adopting the regulations pursuant to Sections 25252
and 25253, shall prepare a multimedia life cycle evaluation conducted
by affected agencies and coordinated by the department, and shall
submit the regulations and the multimedia life cycle evaluation to
the council for review.
   (b) The multimedia evaluation shall be based on the best available
scientific data, written comments submitted by interested persons,
and information collected by the department in preparation for
adopting the regulations, and shall address, but is not limited to,
the impacts associated with all the following:
   (1) Emissions of air pollutants, including ozone forming
compounds, particulate matter, toxic air contaminants, and greenhouse
gases.
   (2) Contamination of surface water, groundwater, and soil.
   (3) Disposal or use of the byproducts and waste materials.
   (4) Worker safety and impacts to public health.
   (5) Other anticipated impacts to the environment.
   (c) The council shall complete its review of the multimedia
evaluation within 90 calendar days following notice from the
department that it intends to adopt regulations. If the council
determines that the proposed regulations will cause a significant
adverse impact on the public health or the environment, or that
alternatives exist that would be less adverse, the council shall
recommend alternative measures that the department or other state
agencies may take to reduce the adverse impact on public health or
the environment. The council shall make all information relating to
its review available to the public.
   (d) Within 60 days of receiving notification from the council of a
determination of significant adverse impact, the department shall
adopt revisions to the proposed regulation to avoid or reduce the
adverse impact, or the affected agencies shall take appropriate
action that will, to the extent feasible, mitigate the adverse impact
so that, on balance, there is no significant adverse impact on
public health or the environment.
   (e) In coordinating a multimedia evaluation pursuant to
subdivision (a), the department shall consult with other boards and
departments within the California Environmental Protection Agency,
the State Department of Public Health, the State and Consumer
Services Agency, the Department of Homeland Security, the Department
of Industrial Relations, and other state agencies with responsibility
for, or expertise regarding, impacts that could result from the
production, use, or disposal of consumer products and the ingredients
they may contain.
   (f) Notwithstanding subdivision (a), the department may adopt
regulations pursuant to Sections 25252 and 25253 without subjecting
the proposed regulation to a multimedia evaluation if the council,
following an initial evaluation of the proposed regulation,
conclusively determines that the regulation will not have any
significant adverse impact on public health or the environment.
   (g) For the purposes of this section, "multimedia life cycle
evaluation" means the identification and evaluation of a significant
adverse impact on public health or the environment, including air,
water, or soil, that may result from the production, use, or disposal
of a consumer product or consumer product ingredient.
  SEC. 3.  Section 25253 is added to the Health and Safety Code, to
read:
   25253.  (a) (1) On or before January 1, 2011, the department shall
adopt regulations pursuant to this section that establish a process
for evaluating chemicals of concern in consumer products, and their
potential alternatives, to determine how best to limit exposure or to
reduce the level of hazard posed by a chemical of concern, in
accordance with the review process specified in Section 25252.5. The
department shall adopt these regulations in consultation with all
appropriate state agencies and after conducting one or more public
workshops for which the department provides public notice and
provides an opportunity for all interested parties to comment.
   (2) The regulations adopted pursuant to this section shall
establish a process that includes an evaluation of the availability
of potential alternatives and potential hazards posed by those
alternatives, as well as an evaluation of critical exposure pathways.
This process shall include life cycle assessment tools that take
into consideration, but shall not be limited to, all of the
following:
   (A) Product function or performance.
   (B) Useful life.
   (C) Materials and resource consumption.
   (D) Water conservation.
   (E) Water quality impacts.
   (F) Air emissions.
   (G) Production, in-use, and transportation energy inputs.
   (H) Energy efficiency.
   (I) Greenhouse gas emissions.
   (J) Waste and end-of-life disposal.
   (K) Public health impacts, including potential impacts to
sensitive subpopulations, including infants and children.
   (L) Environmental impacts.
   (M) Economic impacts.
   (b) The regulations adopted pursuant to this section shall specify
the range of regulatory responses that the department may take
following the completion of the alternatives analysis, including, but
not limited to, any of the following actions:
   (1) Not requiring any action.
   (2) Imposing requirements to provide additional information needed
to assess a chemical of concern and its potential alternatives.
   (3) Imposing requirements on the labeling or other type of
consumer product information.
   (4) Imposing a restriction on the use of the chemical of concern
in the consumer product.
   (5) Prohibiting the use of the chemical of concern in the consumer
product.
   (6)  Imposing requirements that control access to or limit
exposure to the chemical of concern in the consumer product.
   (7) Imposing requirements for the manufacturer to manage the
product at the end of its useful life, including recycling or
responsible disposal of the consumer product.
   (8) Imposing a requirement to fund green chemistry challenge
grants where no feasible safer alternative exists.
   (9) Any other outcome the department determines accomplishes the
requirements of this article.
   (c) The department, in developing the processes and regulations
pursuant to this section, shall ensure that the tools available are
in a form that allows for ease of use and transparency of
application. The department shall also make every feasible effort to
devise simplified and accessible tools that consumer product
manufacturers, consumer product distributors, product retailers and
consumers can use to make consumer product manufacturing, sales, and
purchase decisions.
  SEC. 4.  Section 25254 is added to the Health and Safety Code, to
read:
   25254.  (a) In implementing this article, the department shall
establish a Green Ribbon Science Panel. The panel shall be composed
of members whose expertise shall encompass all of the following
disciplines:
   (1) Chemistry.
   (2) Chemical engineering.
   (3) Environmental law.
   (4) Toxicology.
   (5) Public policy.
   (6) Pollution prevention.
   (7) Cleaner production methods.
   (8) Environmental health.
   (9) Public health.
   (10) Risk analysis.
   (11) Materials science.
   (12) Nanotechnology.
   (13) Chemical synthesis.
   (14) Research.
   (15) Maternal and child health.
   (b) The department shall appoint all members to the panel on or
before July 1, 2009. The department shall appoint the members for
staggered three-year terms, and may reappoint a member for additional
terms, without limitation.
   (c) The panel shall meet as often as the department deems
necessary, with consideration of available resources, but not less
than twice each year. The department shall provide for staff and
administrative support to the panel.
   (d) The panel meetings shall be open to the public and are subject
to the Bagley-Keene Open Meeting Act (Article 9 (commencing with
Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code).
  SEC. 5.  Section 25255 is added to the Health and Safety Code, to
read:
   25255.  The panel may take any of the following actions:
   (a) Advise the department and the council on scientific and
technical matters in support of the goals of this article of
significantly reducing adverse health and environmental impacts of
chemicals used in commerce, as well as the overall costs of those
impacts to the state's society, by encouraging the redesign of
consumer products, manufacturing processes, and approaches.
   (b) Assist the department in developing green chemistry and
chemicals policy recommendations and implementation strategies and
details, and ensure these recommendations are based on a strong
scientific foundation.
   (c) Advise the department and make recommendations for chemicals
the panel views as priorities for which hazard traits and
toxicological end-point data should be collected.
   (d) Advise the department in the adoption of regulations required
by this article.
   (e) Advise the department on any other pertinent matter in
implementing this article, as determined by the department.
  SEC. 6.  Section 25257 is added to the Health and Safety Code, to
read:
   25257.  (a) A person providing information pursuant to this
article may, at the time of submission, identify a portion of the
information submitted to the department as a trade secret and, upon
the written request of the department, shall provide support for the
claim that the information is a trade secret. Except as provided in
subdivision (d), a state agency shall not release to the public,
subject information supplied pursuant to this article that is a trade
secret, and that is so identified at the time of submission, in
accordance with Section 6254.7 of the Government Code and Section
1060 of the Evidence Code.
   (b) This section does not prohibit the exchange of a properly
designated trade secret between public agencies, if the trade secret
is relevant and necessary to the exercise of the agency's
jurisdiction and the public agency exchanging the trade secrets
complies with this section. An employee of the department that has
access to a properly designated trade secret shall maintain the
confidentiality of that trade secret by complying with this section.
   (c) Information not identified as a trade secret pursuant to
subdivision (a) shall be available to the public unless exempted from
disclosure by other provisions of law. The fact that information is
claimed to be a trade secret is public information.
   (d) (1) Upon receipt of a request for the release of information
that has been claimed to be a trade secret, the department shall
immediately notify the person who submitted the information. Based on
the request, the department shall determine whether or not the
information claimed to be a trade secret is to be released to the
public.
   (2) The department shall make the determination specified in
paragraph (1), no later than 60 days after the date the department
receives the request for disclosure, but not before 30 days following
the notification of the person who submitted the information.
   (3) If the department decides that the information requested
pursuant to this subdivision should be made public, the department
shall provide the person who submitted the information 30 days'
notice prior to public disclosure of the information, unless, prior
to the expiration of the 30-day period, the person who submitted the
information obtains an action in an appropriate court for a
declaratory judgment that the information is subject to protection
under this section or for a preliminary injunction prohibiting
disclosure of the information to the public and promptly notifies the
department of that action.
   (e) This section does not authorize a person to refuse to disclose
to the department information required to be submitted to the
department pursuant to this article.
   (f) This section does not apply to hazardous trait submissions for
chemicals and chemical ingredients pursuant to this article.
  SEC. 7.  This act shall become effective only if Senate Bill 509 of
the 2007-08 Regular Session is enacted on or before January 1, 2009.

  SEC. 8.  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.