BILL NUMBER: AB 1431	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2009

INTRODUCED BY   Assembly Member Hill

                        FEBRUARY 27, 2009

    An act to amend Section 25252 of the Health and Safety
Code, relating to hazardous materials.   An act to add
Section 44299.86 to the Health and Safety Code, relating to air
quality. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1431, as amended, Hill.  Hazardous materials: chemicals
of concern.  Air quality: Port of Oakland.  
   Existing law establishes the California Port Community Air Quality
Program in the Bay Area Air Quality Management District and the
South Coast Air Quality Management District. The program requires
those districts to provide grants to offset the advanced introduction
costs of eligible projects that reduce onroad emissions of
particulate matter within communities adjacent to marine terminals or
ports within the jurisdiction of those districts.  
   This bill would require the Port of Oakland and entities involved
in goods movement at the Port of Oakland to establish emission
reduction strategies that are no less stringent than emission
reduction strategies employed at the Port of Los Angeles and the Port
of Long Beach. The bill requires the Bay Area Air Quality Management
District to determine, after consultation with the South Coast Air
Quality Management District and the State Air Resources Board,
whether the Port of Oakland and those entities have complied. By
requiring these local agencies to perform additional new duties, this
bill would impose a state-mandated local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   Existing law requires the Department of Toxic Substances Control,
by January 1, 2011, to adopt regulations to establish a process to
identify and prioritize those chemicals or chemical ingredients in
consumer products that may be considered as being a chemical of
concern, in accordance with a specified review process. Existing law
requires the department to adopt the regulations in consultation with
the Office of Environmental Health Hazard Assessment and all
appropriate state agencies, and after conducting one or more public
workshops as specified.  
   This bill would make technical, nonsubstantive changes to those
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    Se   ction 44299.86 is added
to the   Health and Safety Code   , to read: 

   44299.86.  (a) The Port of Oakland and entities involved in goods
movement at the Port of Oakland shall establish emission reduction
strategies that are no less stringent than emission reduction
strategies employed at the Port of Los Angeles and the Port of Long
Beach. For purposes of this section, "no less stringent" means
achieving a comparable quantity of emissions reductions.
   (b) The Bay Area Air Quality Management District shall determine,
after consultation with the South Coast Air Quality Management
District and the State Air Resources Board, whether the Port of
Oakland and the entities involved in goods movement at the Port of
Oakland have complied with subdivision (a). 
   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  SECTION 1.    Section 25252 of the Health and
Safety Code is amended to read:
   25252.  (a) On or before January 1, 2011, the department shall
adopt regulations to establish a process to identify and prioritize
those chemicals or chemical ingredients in consumer products that may
be considered as being a chemical of concern, in accordance with the
review process in Section 25252.5. The department shall adopt these
regulations in consultation with the office and all appropriate state
agencies, and after conducting one or more public workshops for
which the department provides public notice and provides an
opportunity for all interested parties to comment. The regulations
adopted pursuant to this section shall establish an identification
and prioritization process that includes, but is not limited to, all
of the following considerations:
   (1) The volume of the chemical in commerce in this state.
   (2) The potential for exposure to the chemical in a consumer
product.
   (3) Potential effects on sensitive subpopulations, including
infants and children.
   (b) (1) In adopting regulations pursuant to this section, the
department shall develop criteria by which chemicals and their
alternatives may be evaluated. These criteria shall include, but not
be limited to, the traits, characteristics and endpoints that are
included in the clearinghouse data pursuant to Section 25256.1.
   (2) In adopting regulations pursuant to this section, the
department shall reference and use, to the maximum extent feasible,
available information from other nations, governments, and
authoritative bodies that have undertaken similar chemical
prioritization processes, so as to leverage the work and costs
already incurred by those entities and to minimize costs and maximize
benefits for the state's economy.
   (3) Paragraph (2) does not require the department, when adopting
regulations pursuant to this section, to reference and use only the
available information specified in paragraph (2).