BILL NUMBER: AB 1930	CHAPTERED
	BILL TEXT

	CHAPTER  368
	FILED WITH SECRETARY OF STATE  SEPTEMBER 27, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 25, 2010
	PASSED THE SENATE  AUGUST 12, 2010
	PASSED THE ASSEMBLY  AUGUST 17, 2010
	AMENDED IN SENATE  JULY 15, 2010
	AMENDED IN ASSEMBLY  APRIL 29, 2010

INTRODUCED BY   Assembly Member De La Torre
   (Coauthor: Assembly Member Cook)

                        FEBRUARY 17, 2010

   An act to add and repeal Article 16 (commencing with Section
25258) of Chapter 6.5 of Division 20 of the Health and Safety Code,
relating to hazardous waste.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1930, De La Torre. Hazardous waste: glass beads.
    (1) Existing law, 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 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.
   The bill would repeal these prohibitions and requirements on
January 1, 2015.
   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.


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, suction, or wet- or dry-type blasting equipment.
   (b) (1) The weight percentage of arsenic and lead shall be
determined in accordance with EPA Method 3052, which may be modified,
and with EPA Method 6010C, as those methods were in effect on
January 1, 2010, or with a generally accepted instrumental method
with traceable standards, including X-ray fluorescence.
   (2) For purposes of paragraph (1), "modified" means the use of
slower heating conditions of the hydrofluoric acid and the possible
use of a pressure vessel.
   (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, suction, 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 pursuant to the California Health and Safety Code
Section 25258."

   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).
   25258.2.  This article shall remain in effect only until January
1, 2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
  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.