BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1879
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          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,  








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            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
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           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  








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          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 


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