BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1879|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 1879
Author: Feuer (D) and Huffman (D)
Amended: 8/12/08 in Senate
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 5-2, 6/23/08
AYES: Simitian, Corbett, Florez, Kuehl, Lowenthal
NOES: Runner, Aanestad
SENATE APPROPRIATIONS COMMITTEE : 8-6, 8/7/08
AYES: Torlakson, Cedillo, Corbett, Florez, Kuehl, Oropeza,
Ridley-Thomas, Simitian
NOES: Cox, Aanestad, Ashburn, Dutton, Runner, Wyland
NO VOTE RECORDED: Yee
ASSEMBLY FLOOR : 47-29, 5/29/08 - See last page for vote
SUBJECT : Hazardous materials: toxic substances
SOURCE : Author
DIGEST : This bill authorizes the Department of Toxic
Substance Control to regulate consumer products containing
specified chemicals.
ANALYSIS :
Existing law:
1.Requires the Office of Environmental Health Hazard
CONTINUED
AB 1879
Page
2
Assessment (OEHHA) to publish a list of chemicals known
to cause cancer or birth defects or other reproductive
damage, pursuant to the Safe Drinking Water and Toxic
Enforcement Act of 1986 (Proposition 65).
2.Authorizes the Department of Toxics Substances Control
(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 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.
4.Requires Director of the Department of Pesticide
Regulation to identify 200 pesticide active ingredients
which the department determines have the most significant
data gaps, widespread use, and which are suspected to be
hazardous to people, pursuant to the Birth Defect
Prevention Act (Chapter 669, Statutes of 1984).
5.Requires the California Air Resources Board to adopt
regulations to achieve the maximum feasible reduction in
volatile organic compounds emitted by consumer products,
pursuant to Section 41712 of the Health and Safety Code.
This bill creates a new article in the Health and Safety
Code, entitled "Chemicals of Concern in Consumer Products"
with the following provisions:
1.Authorizes the DTSC to regulate a consumer product
containing a chemical of concern by restricting the sale
or use of such a product to prevent the exposure of
individuals or the environment to the chemical of
concern.
2.Authorizes DTSC to take the following actions on a
consumer product, sold prior to January 1, 2010:
AB 1879
Page
3
A. Require a manufacturer of a product contain a
chemical of concern to establish a take-back program
and set requirements for recycling or responsible
disposal of such a product.
B. Design approaches to extract chemicals of concern
from the chain of commerce and specified environments
and provide for the recycling or safe management of
such chemicals.
C. Take other actions the department deems necessary
to prevent individual or environmental exposures to
such a chemical.
3.Authorizes DTSC to subject consumer products
manufactured, distributed, or sold after January 1, 2010
to the following actions, conditioned on selecting an
action that best meets the purposes of this act:
A. Require a manufacturer of a product containing a
chemical of concern to establish a take-back program
and set requirements for recycling or responsible
disposal of the product.
B. Restrict the use of a chemical of concern in a
consumer product.
C. Prohibit the use of a chemical of concern in a
consumer product.
D. Design approaches to extract chemicals of concern
for the chain of commerce and specified environments
and provide that the extracted chemical of concern be
recycled or managed safely.
E. Take other actions DTSC deems necessary to prevent
individual or environmental exposures to a chemical of
concern.
4.Requires DTSC to prioritize regulatory action for the
following consumer products:
A. Those products used or designed for use by
AB 1879
Page
4
sensitive populations.
B. Those most likely to expose individuals or the
environment to one or more chemicals of concern.
5.Requires DTSC, in prioritizing regulator action, to
consider both of the following factors, conditioned upon
a regulatory action hat best prevents the exposure of
individuals to a chemical of concern or the release of a
chemical of concern into the environment:
A. The cumulative exposure to one or more chemicals of
concern through multiple products or from multiple
sources, including multiple media.
B. The synergistic effects of exposure to multiple
chemicals of concern.
6.Authorizes DTSC to require a manufacturer to label a
consumer product containing 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.
7.Requires DTSC to implement this act in accordance with
applicable federal laws and regulations.
8.States legislative intent that the enactment of this bill
will explicitly specify the department's regulatory
authority over a consumer product containing a chemical
of concern and that nothing in this act limits or
restricts DTSCs existing regulatory authority over
hazardous materials.
9.Defines numerous terms, including "chemical of concern,"
"consumer product," and "responsible disposal."
10. Makes extensive legislative findings relating to
toxic chemicals, products, and health hazards associated
with chemical exposures.
11. Makes clarifying changes in reference to provisions
concerning the Toxic Substances Control Account in order
to line the dates up with the fiscal year, instead of
AB 1879
Page
5
the calendar year.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2008-09 2009-10 2010-11
Fund
Scoping/research/regulation
>$100-$200 General
Program implementation (out-year costs)General
Support staff/equipment unknown,
potentially significant General
DTSC estimates that the first two years would be dedicated
to scoping the program and determining the amount of
consumer products that would be included. Manufacturers
would also need to be identified. DTSC would need to
develop strategic consumer products to target (e.g.,
children's products, food packaging) and identify
laboratory testing needs. In the first two years, DTSC
also estimates it would develop education and outreach
efforts as well as analytical screening tools. Finally,
DTSC would need to develop a website and start developing
baseline. DTSC estimates its costs to do this would be one
to two position years and $100,000 to $200,000. Given the
work that it estimates needs to be done in that time, this
estimate appears to be low.
In 2011-2012, DTSC estimates it would initiate program
implementation, which would require seven to nine position
years and between $700,000 and $900,000. DTSC estimates it
would continue research, development of baseline of
information and development of its strategic direction.
DTSC estimates it would begin the implementation with
targeted pilot programs.
In 2012-12, DTSC estimates it would move into a broader
implementation and would require 13 to 16 position years
and $1.3 to $1.6 million. DTSC expects it would begin to
fully implement the provisions of this bill in 2013-2014
AB 1879
Page
6
with an additional six to 10 position years, for a total of
$1.9 million to $2.3 million annually.
DTSC did not provide an estimate for support staff, field
or analytical lab equipment needs, specialized staff needs
(i.e. peace officer equipment), lab method development, and
lab staff resources to conduct sample preparation and
analysis. These costs could be significant.
SUPPORT : (Verified 8/18/08)
Asian Communities for Reproductive Justice
Asian Law Caucus
Breast Cancer Fund, Breath California
California Association of Professional Scientists
California League for Environmental Enforcement Now
California League of Conservation Voters
Californians Against Waste
Clean Water Action
Coalition for Clean Air
East Bay Municipal Utility District
Environment California
Environmental Defense Fund
Heal the Bay
Healthy Children Organizing Project
Planning and Conservation League
Sierra Club California
OPPOSITION : (Verified 8/18/08)
Advanced Medical Technology Association
American Chemistry Council
American Electronics Association
American Forest & Paper Association
California Chamber of Commerce
California Dental Association
California Grocers Association
California Industrial Hygiene Council
California Manufacturers & Technology Association
California Retailers Association
Can Manufacturers Institute
Chemical Industry Council of California
Citizens for Fire Safety Institute
Consumer Specialty Products Association
AB 1879
Page
7
Department of Finance
Grocery Manufacturers Association
Industrial Environmental Association
Personal Care Products Council
Silicon Valley Leadership Group
Western Plant Health Association
Western States Petroleum Association
ARGUMENTS IN SUPPORT : According to the author's office,
"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 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. This bill 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."
ARGUMENTS IN OPPOSITION : The California Dental
Association (CDA) states, "CDA opposes this bill for
several reasons, one of which is that we believe that
expanding the authority of the DTSC to ban, limit or
restrict chemicals, which are already regulated by the U.S.
Food & Drug Administration, has the potential to further
impact the state financially. This bill allows the DTSC to
utilize information from other nations, government, and
authoritative bodies that have undertaken a similar
chemical prioritization process to leverage the work and
costs already incurred in order to minimize the impact the
cost to California's economy. However, the state would
still bear that extra financial commitment. It is a costly
task to do the rigorous inquiry necessary to ensure that
sound decisions are made from a scientifically supported
perspective.
"Additionally, this bill establishes the 'Green Ribbon
Science Panel which shall assist and advise the DTSC
although the panel does not consist of one health care
AB 1879
Page
8
provider but rather 'experts' in various disciplines.
"Many of the chemicals identified in this legislation are
contained in one form or another in medical and dental
equipment. Healthcare has become increasingly difficult to
obtain for many Californians. The list of providers who
are able to participate in the Medi-Cal and Denti-Cal
programs decreases yearly and the potential impact this
bill could have on restricting medical and dental equipment
that is cost-effective and scientifically proven to be safe
will create yet another barrier to care. Now is not the
time to limit options for Californians or their healthcare
providers. The more barriers we create the more costly
providing that care is to the state."
ASSEMBLY FLOOR :
AYES: Arambula, Beall, Berg, Blakeslee, Brownley, Carter,
Coto, Davis, De La Torre, De Leon, DeSaulnier, Dymally,
Eng, Evans, Feuer, Fuentes, Furutani, Galgiani, Hancock,
Hayashi, Hernandez, Horton, Huffman, Jones, Karnette,
Krekorian, Laird, Leno, Levine, Lieber, Lieu, Ma,
Mendoza, Mullin, Nava, Nunez, Parra, Portantino, Price,
Ruskin, Salas, Saldana, Solorio, Swanson, Torrico, Wolk,
Bass
NOES: Adams, Aghazarian, Anderson, Benoit, Berryhill,
DeVore, Duvall, Emmerson, Fuller, Gaines, Garcia,
Garrick, Houston, Huff, Jeffries, Keene, La Malfa, Maze,
Nakanishi, Niello, Plescia, Sharon Runner, Silva, Smyth,
Spitzer, Strickland, Tran, Villines, Walters
NO VOTE RECORDED: Caballero, Charles Calderon, Cook, Soto
TSM:nl 8/18/08 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****