BILL ANALYSIS Ó AB 324 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 324 (Bloom) As Amended August 14, 2013 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |76-0 |(April 25, 2013 |SENATE: |37-0 |(August 19, | | | |) | | |2013) | ----------------------------------------------------------------- Original Committee Reference: E.S. & T.M. SUMMARY : 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. The Senate amendments : 1)Specify the testing methodology for arsenic and lead in glass beads. 2)Authorize Department of Toxic Substances Control (DTSC), upon receiving a warrant or consent, to conduct enforcement activities. 3)Require the DTSC, no later than January 1, 2019, to prepare an evaluation of existing research and data to determine if the standard of 75 parts per million (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. EXISITNG LAW : 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)Requires that the weight percentage of arsenic and lead be determined in accordance with the Environmental Protection Agency (EPA) Method 3052, which may be modified, and with EPA AB 324 Page 2 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. 3)Sunsets the bill's provisions on lead and arsenic-containing beads on January 1, 2015. AS PASSED BY THE ASSEMBLY , this bill extended 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 FISCAL EFFECT : According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. COMMENTS : According to the author, "By extending the sunset on AB 1930 [De La Torre, 2010], the Department of Toxic Substances Control 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." Related 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 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. Recognized hazards of lead and arsenic: 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. Occupational overexposure to lead can cause subclinical and AB 324 Page 3 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 in glass beads: 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. Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916) 319-3965 FN: 0001777