BILL NUMBER: SB 509	CHAPTERED
	BILL TEXT

	CHAPTER  560
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2008
	PASSED THE SENATE  AUGUST 31, 2008
	PASSED THE ASSEMBLY  AUGUST 25, 2008
	AMENDED IN ASSEMBLY  AUGUST 22, 2008
	AMENDED IN ASSEMBLY  AUGUST 15, 2008
	AMENDED IN ASSEMBLY  JUNE 24, 2008
	AMENDED IN ASSEMBLY  JUNE 12, 2008
	AMENDED IN ASSEMBLY  JUNE 5, 2008
	AMENDED IN ASSEMBLY  MAY 27, 2008
	AMENDED IN SENATE  JANUARY 14, 2008
	AMENDED IN SENATE  MAY 17, 2007
	AMENDED IN SENATE  MAY 3, 2007
	AMENDED IN SENATE  APRIL 10, 2007

INTRODUCED BY   Senator Simitian
   (Principal coauthor: Assembly Member Feuer)
   (Coauthor: Senator Calderon)

                        FEBRUARY 22, 2007

   An act to add Article 14 (commencing with Section 25251) to
Chapter 6.5 of Division 20 of, and to repeal and add Section 25251
of, the Health and Safety Code, relating to hazardous materials.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 509, Simitian. Hazardous materials: toxic substances.
   Existing law establishes the Department of Toxic Substances
Control, in the California Environmental Protection Agency, with
powers and duties regarding, among other things, hazardous waste
disposal, underground storage of hazardous substances and waste, and
the handling and release of hazardous materials.
   The bill would require the department to establish a Toxics
Information Clearinghouse for the collection, maintenance, and
distribution of specific chemical hazard traits and environmental and
toxicological end-point data. The Office of Environmental Health
Hazard Assessment would be required, by January 1, 2011, to evaluate
and specify the hazard traits and environmental and toxicological
end-points and any other relevant data that are to be included in the
clearinghouse.
   This bill provides that this act would become effective only if
Assembly Bill 1879 is enacted on or before January 1, 2009.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Article 14 (commencing with Section 25251) is added to
Chapter 6.5 of Division 20 of the Health and Safety Code, to read:

      Article 14.  Green Chemistry


   25251.  For purposes of this article, the following definitions
shall apply:
   (a) "Clearinghouse" means the Toxics Information Clearinghouse
established pursuant to Section 25256.
   (b) "Council" means the California Environmental Policy Council
established pursuant to subdivision (b) of Section 71017 of the
Public Resources Code.
   (c) "Office" means Office of Environmental Health Hazard
Assessment.
   (d) "Panel" means the Green Ribbon Science Panel established
pursuant to Section 25254.
   (e) "Consumer product" means a product or part of the product that
is used, brought, or leased for use by a person for any purposes.
"Consumer product" does not include any of the following:
   (1) A dangerous drug or dangerous device as defined in Section
4022 of the Business of Professions Code.
   (2) Dental restorative materials as defined in subdivision (b) of
Section 1648.20 of the Business and Professions Code.
   (3) A device as defined in Section 4023 of the Business of
Professions Code.
   (4) A food as defined in subdivision (a) of Section 109935.
   (5) The packaging associated with any of the items specified in
paragraph (1), (2), or (3).
   (6) A pesticide as defined in Section 12753 of the Food and
Agricultural Code or the Federal Insecticide, Fungicide and
Rodenticide Act (7 U.S.C. Sec. 136 and following).
   (7) Mercury-containing lights defined as mercury-containing lamps,
bulbs, tubes, or other electric devices that provide functional
illumination.
   (f) This section shall remain in effect only until December 31,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before December 31, 2011, deletes or extends
that date.
   25251.  For purposes of this article, the following definitions
shall apply:
   (a) "Clearinghouse" means the Toxics Information Clearinghouse
established pursuant to Section 25256.
   (b) "Council" means the California Environmental Policy Council
established pursuant to subdivision (b) of Section 71017 of the
Public Resources Code.
   (c) "Office" means Office of Environmental Health Hazard
Assessment.
   (d) "Panel" means the Green Ribbon Science Panel established
pursuant to Section 25254.
   (e) "Consumer product" means a product or part of the product that
is used, brought, or leased for use by a person for any purposes.
"Consumer product" does not include any of the following:
   (1) A dangerous drug or dangerous device as defined in Section
4022 of the Business of Professions Code.
   (2) Dental restorative materials as defined in subdivision (b) of
Section 1648.20 of the Business and Professions Code.
   (3) A device as defined in Section 4023 of the Business of
Professions Code.
   (4) A food as defined in subdivision (a) of Section 109935.
   (5) The packaging associated with any of the items specified in
paragraph (1), (2), or (3).
   (6) A pesticide as defined in Section 12753 of the Food and
Agricultural Code or the Federal Insecticide, Fungicide and
Rodenticide (7 United States Code Sections 136 and following).
   (f) This section shall become effective on January 1, 2012.
   25256.  The department shall establish the Toxics Information
Clearinghouse, which shall provide a decentralized, Web-based system
for the collection, maintenance, and distribution of specific
chemical hazard trait and environmental and toxicological end-point
data. The department shall make the clearinghouse accessible to the
public through a single Internet Web portal, and, shall, to the
maximum extent possible, operate the clearinghouse at the least
possible cost to the state.
   25256.1.  On or before January 1, 2011, the office shall evaluate
and specify the hazard traits and environmental and toxicological
end-points and any other relevant data that are to be included in the
clearinghouse. The office shall conduct this evaluation in
consultation with the department and all appropriate state agencies,
after one or more public workshops, and an opportunity for all
interested parties to comment. The office may seek information from
other states, the federal government, and other nations in
implementing this section.
   25256.2.  (a) The department shall develop requirements and
standards related to the design of the clearinghouse and data quality
and test methods that govern the data that is eligible to be
available through the clearinghouse.
   (b) The department may phase in the access to eligible information
and data in the clearinghouse as that information and data become
available.
   (c) The department shall ensure the clearinghouse is capable of
displaying updated information as new data becomes available.
   25256.3.  The department shall consult with other states, the
federal government, and other nations to identify available data
related to hazard traits and environmental and toxicological
end-points, and to facilitate the development of regional, national,
and international data sharing arrangements to be included in the
clearinghouse.
   25257.1.  (a) This article does not limit and shall not be
construed to limit the department's or any other department's or
agency's existing authority over hazardous materials.
   (b) This article does not authorize the department to supersede
the regulatory authority of any other department or agency.
   (c) The department shall not duplicate or adopt conflicting
regulations for product categories already regulated or subject to
pending regulation consistent with the purposes of this article.
  SEC. 2.  This act shall become effective only if Assembly Bill 1879
of the 2007-2008 Regular Session is enacted on or before January 1,
2009.