BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1879|
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THIRD READING
Bill No: AB 1879
Author: Feuer (D) and Huffman (D), et al
Amended: 8/20/08 in Senate
Vote: 21
PRIOR VOTES MAY NOT BE RELEVANT
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 5-2, 8/21/08
AYES: Simitian, Corbett, Florez, Kuehl, Lowenthal
NOES: Runner, Aanestad
SUBJECT : Hazardous materials: toxic substances
SOURCE : Department of Toxic Substances Control
DIGEST : Senate Floor Amendments of 8/20/08 rewrite the
bills provisions. The subject matter remains the same.
The bill as amended, authorizes the Department of Toxic
Substances Control to regulate a chemical of concern in
products following an assessment of alternatives in
addition to other provisions. The bill is also jointed to
SB 509 (Simitian) as a contingently enacted measure.
ANALYSIS :
Existing law:
1. Requires the Office of Environmental Health Hazard
Assessment to publish a list of chemicals known to cause
cancer or birth defects or other reproductive damage,
CONTINUED
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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 California 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 the Director of the Department of Pesticide
Regulation (DPR) to identify 200 pesticide active
ingredients which the DPR 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 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:
1. Requires the DTSC, by January 1, 2011, to adopt
regulations to establish a process to identify and
prioritize chemicals or chemical ingredients in products
that may be considered a "chemical of concern," in
accordance with a review process, as specified (i.e.,
multimedia life cycle evaluation):
A. Requires the DTSC to adopt regulations according
to an interagency consultative process that includes
public participation.
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B. Includes a prioritization and identification
process that includes a consideration of specified
factors (e.g., chemical volume, exposure potential,
potential effects on sensitive subpopulations).
C. Requires the DTSC to develop criteria for
evaluating chemicals and alternatives, as specified
(e.g., a consideration of hazard traits, chemical
characterization, and health endpoints with reference
to the information compiled by the Clearinghouse).
D. Requires the DTSC to reference and use available
information from other nations, governments, and
authoritative bodies that have undertaken a similar
chemical prioritization process, stipulating that the
department is not limited to using only such
information.
2. Requires the DTSC, in adopting regulations, to prepare a
multimedia life cycle evaluation, as specified:
A. Requires the evaluation, including information
gathered by the department, to consider the following
impacts:
(1) Emissions of air pollutants (e.g., ozone,
particulate, toxic air contaminants, greenhouse
gases).
(2) Contamination of surface and groundwater and
soils
(3) Disposal or use of byproducts and waste
materials.
(4) Worker safety and impacts to public health.
(5) Other anticipated impacts to the
environment.
B. Limits a review by the California Environmental
Policy Council (Council) to within 90 days following
notice from the DTSC of intent to adopt regulations;
if the Council finds that that the proposed
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regulations will cause significant adverse impacts to
public health or the environment, or that less
adverse alternatives exist, the council shall
recommend alternative measures to the DTSC, as
specified.
C. Requires the DTSC to adopt revisions to a proposed
regulation within 60 days of receiving notice from
the council for mitigating adverse impacts to achieve
a no significant adverse impact level on public
health or the environment, as specified.
D. Requires the DTSC to conduct an interagency
consultation when evaluating impacts that may result
from the production, use, or disposal of products and
the ingredients they contain.
3. Authorizes the DTSC to adopt regulations without
subjecting these to an evaluation if the Council,
following an initial evaluation of proposed regulations,
finds that the regulation will not have any significant
adverse impact on public health or the environment.
4. Requires the DTSC to adopt regulations to establish a
process for evaluating chemicals of concern in products,
and their potential alternatives in order to determine
how best to limit exposure or to reduce the level of
hazard posed by a chemical of concern, as specified:
A. The regulations shall establish a process that
includes an evaluation of the availability of
potential alternatives and potential hazards posed by
alternatives, as well as an evaluation of critical
exposure pathways.
B. Requires the regulations to include life cycle
assessment tools that take into consideration, at
least the following factors: (1) Product function or
performance, (2) useful life, (3) materials and
resource consumption, (4) water conservation, (5)
water quality impacts, (6) air emissions, (7)
production, in-use, and transportation energy inputs,
(8) energy efficiency, (9) greenhouse gas emissions,
(10) waste and end-of-life disposal, (11) public
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health impacts, (12) environmental impacts, and (13)
economic impacts.
C. Requires the DTSC to adopt regulations to specify
a range of regulatory responses that may result from
the outcome of the alternatives analysis, including
at least the following: (1) no action, (2) requiring
additional information to assess a chemical of
concern and its potential alternatives, (3) requiring
labeling or other product information, (4)
restricting the use of a chemical of concern in a
product, (5) prohibiting the use of a chemical of
concern in a product, (6) controlling access to or
limiting exposure to a chemical of concern in a
product, (7) requiring a manufacturer to manage a
product at the end of its useful life, (8) requiring
the funding of green chemistry where no feasible
safer alternative exists, and (9) other requirements
determined by the DTSC.
D. Requires the DTSC to ensure that the tools used in
this process allow for an ease of use and
transparency of application, as specified.
5. Requires the DTSC to establish and appoint members to a
Green Ribbon Science Panel, with expertise that includes
fifteen disciplines (chemistry, environmental law,
nanotechnology, maternal and child health), according to
public meeting laws and procedures, as specified:
A. Authorizes the panel to take various actions to
advise the department and council on science and
technical matters for reducing adverse health and
environmental impacts of chemicals used in commerce,
encouraging the redesign of products, manufacturing
processes, etc.
B. Authorizes the panel to assist in developing green
chemistry and chemicals policy recommendations and
implementation strategies.
C. Advises the DTSC on the adoption of regulations.
D. Advises the DTSC on priorities for which hazard
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traits and toxicological end-point data should be
collected.
6. Authorizes a person providing information pursuant to
this article to identify a portion of the information
submitted to the DTSC as a trade secret, with procedures
and details, as specified.
7. Exemptions for certain products or categories of
products (e.g., mercury-containing lights, pesticides).
8. Stipulates that no reimbursement is required by this act
for costs that may be incurred by a local agency or
school district.
NOTE: Please refer to the Senate Environmental Quality
Committee analysis of August 21, 2008, for a
comprehensive breakdown and discussion on the impact
of this bill's provisions.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/22/08)
Department of Toxic Substances Control (source)
Asian Communities for Reproductive Justice
Asian Law Caucus
Breast Cancer Fund
Breathe California
California Association of Professional Scientists
California League for Environmental Enforcement Now
California League of Conservation Voters
Californians Against Waste
California Public Interest Research Group (CalPIRG)
Chemical Industry Council of California
Clean Water Action
Coalition for Clean Air
Dupont, Inc.
East Bay Municipal Utilities District
Environment California
Environmental Defense Fund
Heal the Bay
Healthy Children Organizing Project
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Planning and Conservation League
Sierra Club
WorkSafe
OPPOSITION : (Verified 8/22/08)
American Electronics Association
Ford
Oppose Unless Amended :
Action Now
California Communities Against Toxics
California Environmental Rights Alliance
California Safe Schools
Coalition for a Safe Environment
Communities for a Better Environment
Del Amo Action Committee
General Motors
PSR-LA (Physicians for Social Responsibility - Los Angeles)
ARGUMENTS IN SUPPORT : According to the author's office,
this bill represents a balanced, science-based approach to
addressing the danger of hazardous chemicals contained in
consumer products. California consumers deserve a robust
and thoughtful approach to addressing this issue. The
existing regulatory authority of the department 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 provides for a more expansive approach without
prejudging what chemicals and what products, or what
actions should be taken. This bill provides an open and
transparent process for identifying and prioritizing the
most dangerous chemicals and for determining what the
department should do about these chemicals contained in
products. This bill is a multi-faceted approach to provide
state regulators with the authority they need to protect
public health and limit Californians' exposure to hazardous
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chemicals.
ARGUMENTS IN OPPOSITION :
No letter on file.
TSM:mw 8/23/08 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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