BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                AB 324
                                                                       

                      SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                              Senator Jerry Hill, Chair
                              2013-2014 Regular Session
                                           
           BILL NO:    AB 324
           AUTHOR:     Bloom
           AMENDED:    June 18, 2013
           FISCAL:     Yes               HEARING DATE:     June 26, 2013
           URGENCY:    No                CONSULTANT:        Rachel Machi 
                                                           Wagoner
           
            SUMMARY  :  GLASS BEADS: LEAD AND ARSENIC
           
            Existing law  :

           1)Pursuant to the Safe Drinking Water and Toxic Enforcement  
             Act of 1986, (Proposition 65), prohibits a person, in the  
             course of doing business, from knowingly and intentionally  
             exposing people to a chemical known to the state to cause  
             cancer or reproductive toxicity without first giving clear  
             and reasonable warning.  The Governor must publish a list of  
             chemicals "known to the State of California" to cause  
             cancer, birth defects or other reproductive harm.  Both lead  
             and arsenic are included on this list.  No person can  
             knowingly discharge or release those same chemicals into any  
             source of drinking water.  Specified exemptions are allowed,  
             such as when the exposure or discharge would not pose a  
             significant risk of cancer, or, for chemicals that cause  
             reproductive toxicity, would not have observable effect at  
             1,000 times the level in question.

           2)Pursuant to several Health and Safety Code statutes, bans or  
             regulates lead content in a variety of consumer products,  
             such as candy, toys, tableware, packaging, children's  
             jewelry, plumbing, and glass beverage bottles.

           3)Prohibits, until January 1, 2015, a person from  
             manufacturing, selling, offering for sale, or offering for  
             promotional purposes 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 and requires  
             glass beads sold in this state to be labeled as specified.  









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            This bill  :  This bill extends the sunset date from January 1,  
           2015 to January 1, 2020 on the prohibition on the manufacture  
           or sale of glass beads containing hazardous heavy metals if  
           the beads will be used with blasting equipment and makes  
           technical changes to make this program consistent with other  
           enforcement programs.

           Specifically, this bill extends the following provisions: 

           1)Prohibits a person from manufacturing, selling, offering for  
             sale, or offering for promotional purposes glass beads that  
             contain 75 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. 

           2) Specifies testing methodology for arsenic and lead in glass  
             beads.

           3)Specifies labeling requirements for containers and bags of  
             glass beads sold in this state for specified purposes;

           4)Authorizes DTSC, upon receiving a warrant or consent, to  
             conduct enforcement activities.

            COMMENTS  :

            1) Purpose of Bill  .  According to the author, "By extending  
              the sunset on AB 1930 [De La Torre, 2010], the Department  
              of Toxic Substances Control (DTSC) will continue to  
              prohibit glass beads containing high levels of hazardous  
              heavy metals from being imported into and used in  
              California.  This will ensure the safety of the California  
              environment, nearby residents, and industrial employees  
              otherwise at risk of exposure to these heavy metals."
               
           2) Uses of glass beads  .  Glass beads are used for a variety of  
              purposes, including as a reflective material for street  
              striping.  However, this bill relates to standards only for  
              beads that will be used with pressure or suction blasting  
              equipment or wet-type or dry-type blasting equipment.   









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              According to the sponsor, these types of applications  
              include surface preparation for cleaning, peening,  
              finishing and deburring of aluminum and stainless steel  
              products.  Glass beads are also used to finish eye glass  
              frames and for deburring and preparing the surfaces of  
              medical instruments, such as needles used on syringes.   
              Finally, glass beads are used to remove residues on  
              automotive parts and to remove calcium buildup at the water  
              line of swimming pools.  

            3) Hazards associated with lead and arsenic  .  Lead is listed  
              under Proposition 65 as a chemical known to cause  
              reproductive damage, birth defects and cancer.   
              Occupational overexposure to lead can cause subclinical and  
              clinical peripheral neuropathy [muscle weakness, pain, and  
              paralysis of extremities], disruption of hemesynthesis and  
              anemia, loss of kidney function, increased blood pressure,  
              nephropathy, reduced sperm count and male sterility, and  
              increase the risk of cancer.

              Arsenic is listed under Proposition 65 as a chemical known  
              to the state to cause cancer and to cause reproductive  
              toxicity.  Non-cancer effects of arsenic exposure include  
              thickening and discoloration of the skin, stomach pain,  
              nausea, vomiting, diarrhea, numbness in hands and feet,  
              partial paralysis, and blindness.  Occupational  
              overexposure to arsenic can increase the risk of skin, lung  
              and possibly lymphatic cancers and lead to peripheral  
              neuropathy and vascular disease [Reynaud's phenomenon].

              According to DTSC, glass beads containing lead and arsenic  
              are a concern because the beads are typically pulverized  
              during use, which generates dust.  Lead- or  
              arsenic-containing dust can be inhaled or ingested, thereby  
              exposing those performing the sandblasting, as well as  
              other people in the vicinity, to the toxic chemicals.  In  
              addition, the dust can easily be disbursed onto land or  
              into air and water, potentially contaminating the  
              surrounding environment and ultimately harming people and  
              wildlife.

            4) Violations of arsenic and lead in glass beads standards  .   
              According to the sponsors and to correspondence between  









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              them and DTSC, since AB 1930 was enacted, there have been  
              at least two incidents in which glass beads were tested and  
              exceeded statutory limits for lead and/or arsenic.  In one  
              of these incidents, tested beads contained 2880 ppm of lead  
              (the statutory limit is 100 ppm) and in another, tested  
              beads contained 132.7 ppm of arsenic (the statutory limit  
              is 75 ppm).  In response to the latter incident, DTSC filed  
              a Notice of Violation and an advisory to cease and desist  
              the sale and distribution of the tainted beads.  The former  
              incident is still under review.  The sponsors argue that  
              these incidents are proof that contaminated beads are still  
              being sold in California and that the statutory limits  
              should remain in place to provide further protection to the  
              public. 

            5) Previous legislation  .  AB 1930 (De La Torre) Chapter 368,  
              Statutes of 2010, prohibits the manufacture or sale of  
              glass beads for use in certain kinds of blasting, if the  
              beads contain more than 75 ppm of arsenic or 100 ppm of  
              lead until January 1, 2015.

            6) A variety of standards .  The standards set in statute by  
              the original legislation, AB 1930, are presently used by  
              the US Department of Defense for the military.  However,  
              both nationally and internationally, there is a range of  
              limits placed on lead and arsenic in glass beads and a  
              variety of additional heavy metals that are regulated.  In  
              12 states, their Departments of Transportation have set  
              regulatory limits on glass beads used for highway painting,  
              which this bill does not specifically address.  

              The sunset date was added to AB 1930 by the Senate  
              Environmental Quality Committee suggesting that DTSC should  
              review current scientific research and establish the  
              appropriately protective standard through regulation.  Is  
              it appropriate to extend the current statutorily prohibited  
              limits until 2020 without direction that the science of the  
              limits be reviewed?  

              An amendment should be taken to require DTSC to make  
              findings about the adequacy of these statutory limits and  
              give DTSC the statutory authority to adopt regulations  
              adjusting these limits as necessary.









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            SOURCE  :        Potters Industries, LLC
            
           SUPPORT  :  American Glass Beads Manufacturers Association
                          California Association of Professional  
           Scientists
                          Chemical Industry Council of California 
                          Swarco America
            
           OPPOSITION  :    None on file