BILL NUMBER: AB 1930	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 29, 2010

INTRODUCED BY   Assembly Member De La Torre

                        FEBRUARY 17, 2010

    An act to add Chapter 12 (commencing with Section 108940)
to Part 3 of Division 104 of the Health and Safety Code, relating to
consumer safety.   An act to add Article 16 (commencing
with Section 25258) to Cha   pter 6.5 of Division 20 of the
Health and Safety Code, relating to hazardous waste. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1930, as amended, De La Torre.  Consumer safety
  Hazardous waste  : glass beads. 
   Existing 
    (1)     Existing  law 
prohibits the manufacture, processing, and distribution in commerce
of products containing certain chemicals found to raise health risks,
including, but not limited to, polybrominated diphenyl ether
  , part of the hazardous waste control law, requires
the Department of Toxic Substances Control to adopt regulations to
establish a process by which chemicals or chemical ingredients in
products may be identified and prioritized for consideration as being
chemicals of concern and to adopt   regulations to
establish a process by which chemicals of concern may be evaluated.
The department is prohibited from duplicating or adopting conflicting
regulations for regulated product categories. A violation of the
hazardous waste control law is a crime  .
   This bill would prohibit a person from manufacturing, selling,
offering for sale, or offering for promotional purposes in this state
 ,  glass beads that contain more than a specified amount
of arsenic  and   or  lead, if those glass
beads will be used with certain types of blasting equipment. The bill
would require each container or bag of glass beads sold for surface
preparation to be labeled in a specified manner.  The bill would
prohibit these glass beads from being considered as a product
category subject to those chemicals of concern regulations. 
    Since a violation of these requirements would be a crime, the
bill would impose a state-mandated local program.  
   (2) 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 no reimbursement is required by this
act for a specified reason.
   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.    Article 16 (commencing with Section
25258) is added to Chapter 6.5 of Division 20 of the  
Health and Safety Code   , to read:  

      Article 16.  Lead and Arsenic Content in Glass Beads


   25258.  (a) A person shall not manufacture, sell, offer for sale,
or offer for promotional purposes in this state glass beads that
contain 75 parts per million (ppm) or more of arsenic or 100 ppm or
more of lead by weight, if those glass beads will be used with
pressure or suction blasting equipment or wet- or dry-type blasting
equipment.
   (b) The weight percentage of arsenic and lead shall be determined
in accordance with EPA Method 3052 modified and EPA Method 6010C or a
generally accepted instrumental method with traceable standards,
including X-ray fluorescence.
   (c) Each container or bag of glass beads sold in this state for
surface preparation, including the cleaning, peening, finishing, and
deburring of aluminum and stainless steel products, and that will be
used with pressure or suction blasting equipment or wet- or dry-type
blasting equipment, shall be labeled with the following:

   "Glass bead contents contain less than 75 ppm arsenic and less
than 100 ppm lead, as determined by EPA Method 3052 and EPA Method
6010C or a generally accepted instrumental method with traceable
standards."

   25258.1.  This article does not limit, supersede, duplicate, or
otherwise conflict with the authority of the department to fully
implement Article 14 (commencing with Section 25251), including the
authority of the department to include products in a product registry
established pursuant to the regulations adopted in accordance with
that article or any testing or labeling requirements pursuant to that
article. Notwithstanding subdivision (c) of Section 25257.1, glass
beads shall not be considered as a product category already regulated
or subject to pending regulation for purposes of Article 14
(commencing with Section 25251). 
   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.  
  SECTION 1.    Chapter 12 (commencing with Section
108940) is added to Part 3 of Division 104 of the Health and Safety
Code, to read:
      CHAPTER 12.   LEAD AND ARSENIC CONTENT IN GLASS BEADS


   108940.  (a) A person shall not manufacture, sell, offer for sale,
or offer for promotional purposes in this state glass beads that
contain more than 75 part per million (ppm) arsenic and 100 ppm lead
by weight, if those glass beads will be used with pressure or suction
blasting equipment or wet-type or dry-type blasting equipment.
   (b) For purposes of compliance with subdivision (a), the weight
percentage of arsenic and lead shall be determined in accordance with
EPA 3052 modified and EPA 6010C or a generally accepted instrumental
method with traceable standards, including X-ray fluorescence.
   (c) Each container or bag of glass beads sold in this state for
surface preparation, including the cleaning, peening, finishing, and
deburring of aluminum and stainless steel products, and that will be
used with pressure or suction blasting equipment or wet-type or
dry-type blasting equipment, shall be labeled with the following:

   "Glass bead contents contain less than 75 ppm arsenic and 100 ppm
lead, as determined by EPA 3052 and EPA 6010C or a generally accepted
instrumental method with traceable standards."