BILL ANALYSIS
AB 1879
Page 1
Date of Hearing: April 8, 2008
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Jared Huffman, Chair
AB 1879 (Feuer and Huffman) - As Amended: April 3, 2008
SUBJECT : Hazardous materials: toxic substances.
SUMMARY : This bill expands the authority of the Department of
Toxic Substances Control (DTSC) to regulate products containing
specified chemicals. Specifically, this bill :
1)Defines "chemical of concern" as phthalates, mercury, lead,
cadmium, arsenic, polybrominated diphenylethers (PBDEs), and
hexavalent chromium.
2)Authorizes DTSC, for consumer products containing chemicals of
concern manufactured, distributed, or sold prior to January 1,
2010, to:
a) Require the manufacturer, following requirements
established by DTSC, to establish a take-back program for
recycling or responsible disposal of the product.
b) 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 are
recycled or managed safely.
c) Take other actions necessary to prevent individuals or
the environment from being exposed to chemicals of concern.
3)Authorizes DTSC, for consumer products containing chemicals of
concern manufactured, distributed, or sold after January 1,
2010, to:
a) Do all of the actions in item (2) above.
b) Restrict or prohibit the use of the chemical in
products.
4)Requires DTSC to prioritize regulating products that are used
or designed for use by sensitive populations or that are the
most likely to expose individuals or the environment to one or
more chemicals of concern.
5)Requires DTSC, when prioritizing regulatory actions for
chemicals of concern, to consider cumulative exposure to
chemicals from different sources and the synergistic effects
of exposure to multiple chemicals.
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6)Authorizes DTSC to require a manufacturer to clearly label a
consumer product that contains a chemical of concern with the
type of chemical contained in the product and the potential
health impact of exposure to the chemical.
7)Establishes legislative findings regarding toxic chemicals and
human health and defines related terms.
EXISTING LAW
1)Requires, under the Safe Drinking Water and Toxic Enforcement
Act of 1986 (Proposition 65), the Office of Environmental
Health Hazard Assessment (OEHHA) to publish a list of
chemicals known to cause cancer or birth defects or other
reproductive harm. Arsenic, cadmium, hexavalent chromium,
lead, mercury, PBDEs and phthalates are all included on this
list as causing cancer, birth defects and/ or reproductive
harm.
2)Authorizes DTSC to regulate, among other things, packaging
containing lead, mercury, cadmium, or hexavalent chromium;
jewelry containing lead; lights containing lead or mercury;
products containing mercury such as thermometers, barometers
and thermostats; and covered electronic devices containing
lead, cadmium or mercury.
3)Authorizes the Department of Public Health to regulate, among
other things, solder in plumbing fittings or fixtures
containing lead; toys containing lead; tableware containing
lead or cadmium; PBDEs; and toys and childcare articles
containing phthalates.
4)Authorizes the Integrated Waste Management Board to regulate,
among other things, products containing mercury such as
batteries, switches, relays and ovens and gas ranges with
mercury diostats; chemicals and measurement devices in school
labs that contain mercury; and novelty items containing
mercury.
FISCAL EFFECT : Unknown.
COMMENTS :
1) Purpose : According to the author, "State and federal
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regulatory authority over consumer products has come under
increased scrutiny due to the recent abundance of products found
to contain hazardous chemicals being recalled by their
manufacturers. The regulatory authority of the Department of
Toxic Substances Control is limited by statute and only applies
to certain classes of consumer products. For example, lead can
be regulated in jewelry and water faucets, but few other
products. Hazardous heavy metals, such as cadmium or mercury,
can be regulated in certain electronic or other devices, but in
few other products. AB 1879 removes these impediments by
allowing DTSC to pursue regulatory action for all consumer
products in order to protect Californians from exposure to these
harmful chemicals."
2) Recognized Hazards: Proposition 65, the Safe Drinking Water
and Toxic Enforcement Act of 1986, was enacted as a ballot
initiative in November 1986. The Proposition was intended by its
authors to protect California citizens and the State's drinking
water sources from chemicals known to cause cancer, birth
defects or other reproductive harm, and to inform citizens about
exposures to such chemicals.
Proposition 65 requires the Governor to publish, at least
annually, a list of chemicals known to the state to cause cancer
or reproductive toxicity. All of the "chemicals of concern," as
defined by this bill, are listed on OEHHA's "Chemicals Known to
the State to Cause Cancer or Reproductive Toxicity, March 21,
2008." Some of these chemicals have been recognized by the
State as causing cancer or reproductive toxicity for over twenty
years.
3) Convoluted Regulatory Scheme : In California, several state
entities, including DTSC, the Department of Public Health, and
the Integrated Waste Management Board, have regulatory authority
over consumer products that contain "chemicals of concern."
Often, more than one entity has authority over the same
chemical, but only when found in certain products. This
disconnected approach has prevented the development of a
comprehensive program to manage known toxic chemicals in
consumer products.
4) Support: According to Environment California, "AB 1879 is a
critical bill as we work to reduce our exposure to dangerous
toxic chemicals. For the past few years the legislature has
worked to protect the health and safety of the public by banning
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chemicals on a case by case basis. This has lead to some
important laws but more needs to be done.
There are currently over 80,000 chemicals on the market in the
U.S., the vast majority of which lack even basic information on
health effects and toxicity. We do know that at least 1,400
chemicals have known or probable links to cancer, birth defects,
reproductive impacts, and other health problems such as learning
disabilities.
What is needed is nothing short of a complete overhaul of
current toxics policy, replacing ineffective laws with policies
that relieve the public's burden to prove harm after the fact
and shift it onto the chemical industry to demonstrate lack of
harm before use is allowed."
5) Work in progress : This bill requires careful review to
determine consistency with existing law and regulation in this
state and also at the federal level.
6) Related Legislation:
1)AB 558 (Feuer, 2007). Requires a hazardous materials use
reduction program. Senate Appropriations Committee.
2)AB 1860 (Huffman, 2008). Requires immediate removal from the
market and notice to consumers for products subject to recall
or warnings. Assembly ESTM Committee.
3)AB 2115 (Mullin, 2008). Prohibits children from being
admitted to schools or child care facilities unless the pupil
has a certificate showing that he or she has been screened for
lead poisoning. Assembly Appropriations Committee.
4)AB 2654 (Ma, 2008). Prohibits lead in children's products.
Assembly ESTM Committee.
5)AB 2901 (Brownley, 2008). Enhances enforcement of existing
lead in jewelry law. Assembly ESTM Committee.
6)AB 2905 (Davis, 2008). Declares the intent of the Legislature
to enact legislation that would prohibit the use of lead in
the manufacturing of lipstick. Assembly Rules Committee.
7)AB 2957 (Swanson, 2008). Requires the State Department of
Public Health to post on its Web site the name and a short
description of any toy that is contaminated with any toxic
substance or that is coated with paints and lacquers that
contain compounds of lead in any amount. Double-referred to
Assembly Health Committee and ESTM Committee.
8)SB 1334 (Calderon, 2008). Requires plumbing materials to be
certified for compliance with lead-free provisions by an
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independent third party. Senate Health and referred to the
Senate Environmental Quality Committee.
9)SB 1395 (Corbett, 2008). Requires the Department of Toxic
Substance Control to establish lead plumbing monitoring and
compliance testing as a part of the department's ongoing
program to reduce toxic substances from the environment.
Senate Health and referred to the Senate Environmental Quality
Committee.
10) SB 1712 (Migden, 2008). Defines lipstick that bears or
contains lead or lead compounds as an adulterated cosmetic for
purposes of the Sherman Food, Drug, and Cosmetic Act. Senate
Health Committee.
11) SB 1713 (Migden, 2008). Prohibits certain toys and child
care articles that contain bisphenol A or lead in detectable
levels. Senate Environmental Quality and referred to the
Senate Judiciary Committee.
7) Double referral : This bill is also referred to the Assembly
Committee on Health.
REGISTERED SUPPORT / OPPOSITION :
Support
Breast Cancer Fund
Environment California
Sierra Club California
California League of Conservation Voters
Opposition
None on file.
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965