Amended in Senate June 18, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 324

Introduced by Assembly Member Bloom

February 13, 2013

An act to amend begin delete Section end delete begin insert Sections 25258 and end insert 25258.2 of the Health and Safety Code, relating to hazardous waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 324, as amended, Bloom. Glass beads: lead and arsenic.

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 a chemical of concern and to adopt regulations to establish a process by which chemicals of concern may be evaluated. That law prohibits, until January 1, 2015, 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 and requires, until January 1, 2015, each container or bag of glass beads sold for surface preparation to be labeled in a specific manner. Existing law also prohibits, until January 1, 2015, these glass beads from being considered as a product category subject to the chemicals of concern regulations. A violation of the hazardous control law is begin delete guilty of end delete a misdemeanor.

This bill would begin insert revise the process for determining the amount of arsenic or lead that glass beads may contain, and would authorize the department to require any person who manufactures, sells, or offers for sale glass beads to provide to the department specified information relating to documentation and information about the manufacturer or supplier of those glass beads. The bill would authorize an authorized representative of the department, for purposes of administering and enforcing these provisions regulating the manufacture of glass beads, upon obtaining consent or after obtaining an inspection warrant, to, upon presenting appropriate credentials and at a reasonable time, take specified actions to enter and inspect a factory, warehouse, or establishment where glass beads are made. The bill would end insert require begin delete these end delete begin insert the above end insert begin insert -described end insert glass bead prohibitions and requirements to be effective until January 1, 2020. By extending the effective date of these provisions, and thereby increasing the duty of local officials, 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 no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 25258 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

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 begin delete weight percentage end delete begin insert concentration end insert of arsenic and
lead shall be determined in accordance with begin insert guidelines from end insert EPA
begin insert reference end insert Method begin delete 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. end delete begin insert 3052 using
hydrofluoric acid (HF) for sample preparation or digestion. end insert

begin insert

(2) The digested sample shall be analyzed using an analytical
instrument recognized by EPA such as ICP-AES, ICP-MS, or other
recognized analytical instrument.

end insert

begin insert (3) end insert begin insert   end insert begin insert The sample analysis method shall be capable of achieving
recovery within the method criteria limits of arsenic and lead. A
glass matrix reference material from the National Institute for
Standards and Technology shall be used to verify lead and arsenic
concentrations specified in subdivision (a). end insert

begin delete

(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.

end delete begin insert

(4) The sample preparation method shall be capable of
achieving recovery within the method criteria limits of arsenic and
lead from a traceable glass matrix reference standard from the
National Institute for Standards and Technology containing the
metals near the concentrations specified in subdivision (a).

end insert

(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.”

begin insert

(d) The department may require any person who manufactures,
sells, or offers for sale, in this state glass beads to provide to the
department information, including, but not limited to, identification
of the manufacturer or supplier of the glass beads, information
related to the sale of the glass beads, and technical documentation
showing that the glass beads are in compliance with the
requirements of this article. The documentation or information
shall be submitted to the department no more than 28 days after
the date of the request.

end insert begin insert

(e) (1) For the purpose of administering and enforcing this
article, an authorized representative of the department, upon
obtaining consent or after obtaining an inspection warrant
pursuant to Title 13 (commencing with Section 1822.50) of Part
3 of the Code of Civil Procedure, may, upon presenting appropriate
credentials and at a reasonable time, do any of the following:

end insert begin insert

(A) Enter a factory, warehouse, or establishment where glass
beads are manufactured, packed, held, or sold; enter a vehicle
that is being used to transport, hold, or sell glass beads; or enter
a place where glass beads are being held or sold.

end insert begin insert

(B) Inspect a factory, warehouse, establishment, vehicle, or
place described in subparagraph (A), and all pertinent equipment,
raw material, finished and unfinished materials, containers, and
labeling in the factory, warehouse, establishment, vehicle, or place.
In the case of a factory, warehouse, or establishment where glass
beads are manufactured, packed, held, or sold, this inspection
shall include any record, file, paper, process, control, and facility
that has a bearing on whether the glass beads are being
manufactured, packed, held, transported, sold, or offered for sale
or for promotional purposes in violation of this article.

end insert begin insert

(C) (i) Secure a sample of glass beads when taking an action
authorized pursuant to this subdivision. If the representative
obtains a sample prior to leaving the premises, he or she shall
leave a receipt describing the sample obtained.

end insert begin insert

(ii) The department shall return, upon request, a sample that is
not destroyed during testing when the department no longer has
any purpose for retaining the sample.

end insert begin insert

(iii) A sample that is secured in compliance with this section
and found to be in compliance with this article that is destroyed
during testing shall be subject to a claim for reimbursement.

end insert begin insert

(D) Access all records of a carrier in commerce relating to the
movement in commerce of glass beads, or the holding of glass
beads during or after the movement, and the quantity, shipper,
and consignee of the glass beads. A carrier shall not be subject to
the other provisions of this article by reason of its receipt, carriage,
holding, or delivery of glass beads in the usual course of business
as a carrier.

end insert begin insert

(2) An authorized representative of the department shall be
deemed to have received implied consent to enter a retail
establishment, for purposes of this section, if the authorized
representative enters the location of that retail establishment where
the public is generally granted access.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 25258.2 of the Health and Safety Code is
amended to read:

25258.2.  

This article shall remain in effect only until January
1, 2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

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.