BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 324
Author: Bloom (D)
Amended: 8/14/13 in Senate
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 9-0, 6/26/13
AYES: Hill, Gaines, Calderon, Corbett, Fuller, Hancock,
Jackson, Leno, Pavley
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 76-0, 4/25/13 (Consent) - See last page for
vote
SUBJECT : Glass beads: lead and arsenic
SOURCE : Potters Industries, LLC
DIGEST : 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.
ANALYSIS :
Existing law:
1. Prohibits a person, pursuant to the Safe Drinking Water and
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Toxic Enforcement Act of 1986, (Proposition 65), 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 an observable effect at 1,000 times
the level in question.
2. Bans or regulates, pursuant to several Health and Safety Code
statutes, 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-type or dry-type blasting equipment and
requires glass beads sold in this state to be labeled as
specified.
This bill:
1. Extends, until January 1, 2020, the prohibition on 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-type or dry-type blasting equipment, and the specific
labeling requirement for containers and bags of glass beads
sold for specified purposes.
2. Specifies the testing methodology for arsenic and lead in
glass beads as follows:
A. The digested sample shall be analyzed using an
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analytical instrument recognized by the United States
Environmental Protection Agency.
B. 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, or traceable to, the National Institute for
Standards and Technology shall be used to verify lead
and arsenic concentrations, as specified.
C. The sample preparation method shall be capable of
achieving recovery within the method criteria limits of
arsenic and lead from a glass matrix reference standard
from, or traceable to, the National Institute for
Standards and Technology containing the metals near the
concentrations, as specified.
3. Authorizes Department of Toxic Substances Control (DTSC),
upon receiving a warrant or consent, to conduct enforcement
activities.
4. Requires the DTSC, no later than January 1, 2019, to prepare
an evaluation of existing research and data to determine if
the standard of 75 ppm or more of arsenic or 100 ppm or more
of lead is an appropriate standard for the use of those
substances with regard to the prohibitions specified above,
and to submit its findings to the Legislature.
5. Requires that, if the DTSC determines that not enough data
exists to complete the valuation, the DTSC notify the
Legislature and recommend a process for conducting the
evaluation.
Background
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. According
to Potters Industries, LLC 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
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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.
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.
Comments
Violations of arsenic and lead in glass beads standards .
According to the sponsors and to correspondence between them and
DTSC, since AB 1930 (De La Torre, Chapter 368, Statutes of 2010)
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
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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.
Prior 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/14/13)
Potters Industries, LLC (source)
American Glass Beads Manufacturers Association
California Association of Professional Scientists
Chemical Industry Council of California
Sierra Club California
Swarco America
ARGUMENTS IN SUPPORT : 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."
ASSEMBLY FLOOR : 76-0, 4/25/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,
Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell, Gray,
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Grove, Hagman, Hall, Harkey, Roger Hernández, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Maienschein, Mansoor,
Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,
Nestande, Olsen, Pan, Patterson, Perea, V. Manuel Pérez,
Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting,
Torres, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams,
Yamada, John A. Pérez
NO VOTE RECORDED: Cooley, Lowenthal, Nazarian, Vacancy
RM:d 8/14/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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