BILL ANALYSIS AB 1879 Page 1 ASSEMBLY THIRD READING AB 1879 (Feuer) As Amended May 28, 2008 Majority vote ENVIRONMENTAL SAFETY 5-2 HEALTH 12-5 ----------------------------------------------------------------- |Ayes:|Huffman, Eng, Evans, |Ayes:|Dymally, Berg, De La | | |Feuer, Nava | |Torre, De Leon, Hancock, | | | | |Hayashi, Hernandez, | | | | |Jones, Lieber, Ma, Salas, | | | | |Leno | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Smyth, Jeffries |Nays:|Nakanishi, Emmerson, | | | | |Gaines, Huff, Strickland | ----------------------------------------------------------------- APPROPRIATIONS 12-4 -------------------------------- |Ayes:|Leno, Caballero, Davis, | | |DeSaulnier, Eng, Huffman, | | |Berg, Krekorian, Lieu, | | |Ma, Nava, Solorio | | | | |-----+--------------------------| |Nays:|Walters, Emmerson, La | | |Malfa, Nakanishi, Sharon | | |Runner | | | | -------------------------------- SUMMARY : Authorizes the Department of Toxic Substances Control (DTSC) to regulate consumer 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, AB 1879 Page 2 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; and 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; and, 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; and, b) Restrict or prohibit the use of the chemical in products. 4)Excludes "dangerous drugs," "dangerous devices," "devices," and "food," as defined and governed by existing law, from the definition of "consumer product" in this bill. 5)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. 6)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. 7)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. 8)Establishes legislative findings regarding toxic chemicals and human health and defines related terms. AB 1879 Page 3 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. 2)Authorizes DTSC to regulate certain products containing lead, mercury, cadmium, or hexavalent chromium. 3)Authorizes the Department of Public Health to regulate certain products containing lead, cadmium, PBDEs or phthalates. 4)Authorizes the Integrated Waste Management Board to regulate certain products containing mercury. 5)Authorizes the California Board of Pharmacy in the Department of Consumer Affairs to regulate certain activities relating to dangerous drugs, dangerous devices and medical devices, as defined. 6)Authorizes the State Department of Public Health, under the Sherman Food, Drug and Cosmetic Law, to regulate food, as defined. FISCAL EFFECT : According to the Assembly Appropriation Committee analysis, substantial cost pressures, in the range of $500,000 primarily in 2009-10, to DTSC to develop the consumer product regulatory process and set priorities for consumer products to be regulated; and moderate ongoing costs, in the range of $350,000 annually starting in 2010-11, to DTSC, if the department exercises the authority provided by this bill to administer and enforce the consumer product chemical regulatory process. COMMENTS : According to the author, "State and federal 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 AB 1879 Page 4 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." Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986, was enacted as a ballot initiative and was intended to protect Californians 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. 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. Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916) 319-3965 FN: 0005235