BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1930
                                                                  Page 1


          ASSEMBLY THIRD READING
          AB 1930 (De La Torre)
          As Amended  April 29, 2010
          Majority vote 

           ENVIRONMENTAL SAFETY          9-0                    
          APPROPRIATIONS      17-0        
           
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          |Ayes:|Nava, Miller, Blakeslee,  |Ayes:|Fuentes, Conway, Ammiano, |
          |     |Chesbro, Davis, Feuer,    |     |Bradford, Charles         |
          |     |Monning, Ruskin, Smyth    |     |Calderon, Coto, Davis,    |
          |     |                          |     |Monning, Ruskin, Harkey,  |
          |     |                          |     |Miller, Nielsen, Norby,   |
          |     |                          |     |Skinner, Solorio,         |
          |     |                          |     |Torlakson, Torrico        |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :   Prohibits the manufacture, sale, offering for sale or  
          offering for promotional purposes of glass beads containing  
          arsenic or lead above a specified amount if those beads will be  
          used with blasting equipment.  Specifically,  this bill  :  

          1)Prohibits a person from manufacturing, selling, offering for  
            sale, or offering for promotional purposes glass beads that  
            contain more than 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-type or dry-type blasting equipment.

          2)Requires the weight percentage of arsenic and lead to be  
            determined in accordance with the Environmental Protection  
            Agency Method 3052 modified and EPA Method 6010C or a  
            generally accepted instrumental method with traceable  
            standards, including X-ray fluorescence.

          3)Requires each container or bag of glass beads sold in this  
            state for surface preparation, including for 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,  
            to 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  








                                                                  AB 1930
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            generally accepted instrumental method with traceable  
            standards."

          4)Establishes that the provisions of this bill do not limit,  
            supersede, duplicate, or otherwise conflict with the authority  
            of the Department of Toxic Substances Control (DTSC) to fully  
            implement the Green Chemistry statutes, including the  
            authority of DTSC to include products in a product registry or  
            to require testing or labeling.  Establishes that glass beads  
            will not be considered as a product category already regulated  
            or subject to pending regulation for purposes of the Green  
            Chemistry statutes.

           EXISTING LAW  :  Under the Green Chemistry statutes (Health and  
          Safety Code (HSC) 25251 et. seq.):  

          1)Requires the DTSC to identify and prioritize chemicals of  
            concerns and to adopt regulations to evaluate chemicals of  
            concern in consumer products, and their potential  
            alternatives, to determine how best to limit exposure or to  
            reduce the level of hazard posed by a chemical of concern.

          2)Authorizes DTSC to take regulatory actions to limit exposure  
            or to reduce the level of hazard posed by a chemical of  
            concern.

          3)Defines a "consumer product" as a product or part of the  
            product that is used, bought, or leased for use by a person  
            for any purpose. 

           FISCAL EFFECT :   According to the Assembly Appropriations  
          Committee, one-time costs to DTSC in 2010-11 of approximately  
          $50,000 for education and outreach to affected manufacturers,  
          retailers and other interested parties (Hazardous Waste Control  
          Account (HWCA)); one-time costs to DTSC in 2011-12 of  
          approximately $50,000 to purchase equipment used in enforcement  
          (HWCA);  and ongoing costs to DTSC beginning in 2011-12 of  
          approximately $100,000 to conduct testing, analysis and  
          enforcement (HWCA).

           COMMENTS  :  Purpose of the bill:  According to the author's  
          office, "Glass beads are pulverized when they are blown out of  
          an air compressor to treat surfaces or for other industrial  
          purposes.  The resulting dust, containing excessive levels of  








                                                                  AB 1930
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          heavy metals, is inhaled by employees or blown into the air  
          potentially contaminating soil and/or water.  The U.S. military  
          recognized the danger of glass beads containing toxic levels of  
          arsenic and lead and established a standard to ensure that  
          soldiers, civilians, and the environment were safe from  
          contamination.  In order to protect individuals and the  
          environment, AB 1930 will conform California with the U.S.  
          military standard."

          Lead and arsenic:  recognized hazards:  Lead is listed under  
          California's Safe Drinking Water and Toxic Enforcement Act of  
          1986, commonly known as Proposition 65, as a substance that can  
          cause reproductive damage, birth defects and cancer.  Arsenic is  
          listed under Proposition 65 as a chemical known to the state to  
          cause cancer and to cause reproductive toxicity.  

          California's Green Chemistry Initiative:  As part of the Green  
          Chemistry Initiative, the Governor signed AB 1879 (Feuer and  
          Huffman) Chapter 559, Statutes of 2008, into law in 2009.  The  
          Green Chemistry Initiative should yield a comprehensive process  
          to identify and regulate chemicals of concern in products.  This  
          bill would enable DTSC to further regulate glass beads under the  
          Green Chemistry statutes.
           
           Standards in the bill:  According to the sponsors, the standards  
          set in this bill correlate to those set by the US Air Force (MIL  
          PRF 9954C) and the Society of Aeronautic Engineers (AMS  
          2431/6C).  The sponsors contend, "The arsenic and lead limits  
          were chosen by the military because they near the practical  
          detection limit (PDL) for the equipment used to analyze for  
          them."
           
          Analysis Prepared by  :    Shannon McKinney / E.S. & T.M. / (916)  
          319-3965 

                                                                FN: 0004697