BILL NUMBER: SB 757	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Pavley

                        FEBRUARY 27, 2009

   An act to add Article 10.5.1 (commencing with Section 25215.6) to
Chapter 6.5 of Division 20 of the Health and Safety Code, relating to
lead.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 757, as introduced, Pavley. Lead wheel weights.
   Under existing law, the Department of Toxic Substances Control is
responsible for administering various programs to control the release
of toxic substances into the soil and groundwater. Existing law also
establishes the Hazardous Waste Control Account to be used as
specified by the department, upon appropriation by the Legislature.
   This bill would prohibit the manufacture, sale, or installation in
California of wheel weights that contain more than 0.1% lead. The
bill would provide to a person who violates that provision injunctive
relief as well as civil and administrative penalties, as specified.
The bill requires all civil and administrative fines collected to be
deposited in the Hazardous Waste Control Account for expenditure by
the department, upon appropriation by the Legislature, to implement
and enforce the act.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Article 10.5.1 (commencing with Section 25215.6) is
added to Chapter 6.5 of Division 20 of the Health and Safety Code, to
read:

      Article 10.5.1.  Lead Wheel Weights


   25215.6.  (a) No person shall manufacture or sell at either the
wholesale or retail level in California any wheel weight that
contains more than 0.1 percent lead by weight.
   (b) No person engaged in the business of selling or installing
wheel weights shall sell or install any wheel weight in California
that contains more than 0.1 percent lead by weight.
   25215.7.  (a) Any person who violates or threatens to violate the
provisions of this article may be enjoined in any court of competent
jurisdiction.
   (b) Notwithstanding any other law, a person who violates this
article shall not be subject to criminal penalties and shall only be
subject to the administrative or civil penalties specified in
subdivision (c).
   (c) (1) A person who violates this article shall be liable for an
administrative or a civil penalty not to exceed two thousand five
hundred dollars ($2,500) per day for each violation. That
administrative or civil penalty may be assessed and recovered in an
administrative action filed with the Office of Administrative
Hearings or in a civil action brought in any court of competent
jurisdiction.
   (2) In assessing the amount of an administrative or a civil
penalty for a violation of this article, the presiding officer or the
court shall consider all of the following:
   (A) The nature and extent of the violation.
   (B) The number and severity of the violations.
   (C) The economic effect of the penalty on the violator.
   (D) Whether the violator took good faith measures to comply with
this article and the time these measures were taken.
   (E) The willfulness of the violator's misconduct.
   (F) The deterrent effect that the imposition of the penalty would
have on both the violator and the regulated community as a whole.
   (G) Any other factor that justice may require.
   (d) Administrative and civil penalties collected pursuant to this
article shall be deposited in the Hazardous Waste Control Account,
for expenditure by the Department of Toxic Substances Control, upon
appropriation by the Legislature, to implement and enforce this
article.