Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 597


Introduced by Assembly Member Dahle

February 20, 2013


An act to amend Sectionbegin delete 25252end deletebegin insert 25253end insert of the Health and Safety Code, relating to hazardous materials.

LEGISLATIVE COUNSEL’S DIGEST

AB 597, as amended, Dahle. Hazardous materials: chemicals of concern.

Existing law requires the Department of Toxic Substances Control to adopt regulations to establish a process to identify and prioritize chemicals or chemical ingredients in consumer products, to establish a process for evaluating chemicals of concern in consumer products and their potential alternatives for the purposes of limiting exposure or to reduce the level of hazard posed by chemicals of concern, and a range of regulatory responses that the department may take following the evaluation.

This bill wouldbegin delete make a technical, nonsubstantive change to these provisionsend deletebegin insert prohibit the department from taking a regulatory response until an unspecified number of days after the date that the department submits a notice to the consumer product manufacturer, the consumer product distributor, and the consumer product retailer of the proposed actionend insert.

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 25253 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
2amended to read:end insert

3

25253.  

(a) (1) On or before January 1, 2011, the department
4shall adopt regulations pursuant to this section that establish a
5process for evaluating chemicals of concern in consumer products,
6and their potential alternatives, to determine how best to limit
7exposure or to reduce the level of hazard posed by a chemical of
8concern, in accordance with the review process specified in Section
925252.5. The department shall adopt these regulations in
10consultation with all appropriate state agencies and after conducting
11one or more public workshops for which the department provides
12public notice and provides an opportunity for all interested parties
13to comment.

14(2) The regulations adopted pursuant to this section shall
15establish a process that includes an evaluation of the availability
16of potential alternatives and potential hazards posed by those
17alternatives, as well as an evaluation of critical exposure pathways.
18This process shall include life cycle assessment tools that take into
19consideration, but shall not be limited to, all of the following:

20(A) Product function or performance.

21(B) Useful life.

22(C) Materials and resource consumption.

23(D) Water conservation.

24(E) Water quality impacts.

25(F) Air emissions.

26(G) Production, in-use, and transportation energy inputs.

27(H) Energy efficiency.

28(I) Greenhouse gas emissions.

29(J) Waste and end-of-life disposal.

30(K) Public health impacts, including potential impacts to
31sensitive subpopulations, including infants and children.

32(L) Environmental impacts.

33(M) Economic impacts.

34(b) The regulations adopted pursuant to this section shall specify
35the range of regulatory responses that the department may take
36following the completion of the alternatives analysis, including,
37but not limited to, any of the following actions:

38(1) Not requiring any action.

P3    1(2) Imposing requirements to provide additional information
2needed to assess a chemical of concern and its potential
3alternatives.

4(3) Imposing requirements on the labeling or other type of
5consumer product information.

6(4) Imposing a restriction on the use of the chemical of concern
7in the consumer product.

8(5) Prohibiting the use of the chemical of concern in the
9consumer product.

10(6)  Imposing requirements that control access to or limit
11exposure to the chemical of concern in the consumer product.

12(7) Imposing requirements for the manufacturer to manage the
13product at the end of its useful life, including recycling or
14responsible disposal of the consumer product.

15(8) Imposing a requirement to fund green chemistry challenge
16grants where no feasible safer alternative exists.

17(9) Any other outcome the department determines accomplishes
18the requirements of this article.

begin insert

19(c) The department shall not take an action specified in
20paragraphs (2) to (9), inclusive, of subdivision (b) until____ days
21after the date that the department submits a notice to the consumer
22product manufacturer, the consumer product distributor, and the
23consumer product retailer of the proposed action.

end insert
begin delete

24(c)

end delete

25begin insert(d)end insert The department, in developing the processes and regulations
26pursuant to this section, shall ensure that the tools available are in
27a form that allows for ease of use and transparency of application.
28The department shall also make every feasible effort to devise
29simplified and accessible tools that consumer product
30manufacturers, consumer product distributors,begin insert consumerend insert product
31retailers, and consumers can use to make consumer product
32manufacturing, sales, and purchase decisions.

begin delete
33

SECTION 1.  

Section 25252 of the Health and Safety Code is
34amended to read:

35

25252.  

(a) The department shall adopt regulations to establish
36a process to identify and prioritize those chemicals or chemical
37ingredients in consumer products that may be considered as being
38a chemical of concern, in accordance with the review process
39specified in Section 25252.5. The department shall adopt these
40regulations in consultation with the office and all appropriate state
P4    1agencies and after conducting one or more public workshops for
2which the department provides public notice and provides an
3opportunity for all interested parties to comment. The regulations
4adopted pursuant to this section shall establish an identification
5and prioritization process that includes, but is not limited to, all of
6the following considerations:

7(1) The volume of the chemical in commerce in this state.

8(2) The potential for exposure to the chemical in a consumer
9product.

10(3) Potential effects on sensitive subpopulations, including
11infants and children.

12(b) (1) In adopting regulations pursuant to this section, the
13department shall develop criteria by which chemicals and their
14alternatives may be evaluated. These criteria shall include, but not
15be limited to, the traits, characteristics, and endpoints that are
16included in the clearinghouse data pursuant to Section 25256.1.

17(2) In adopting regulations pursuant to this section, the
18department shall reference and use, to the maximum extent feasible,
19available information from other nations, governments, and
20authoritative bodies that have undertaken similar chemical
21prioritization processes, so as to leverage the work and costs
22already incurred by those entities and to minimize costs and
23maximize benefits for the state’s economy.

24(3) Paragraph (2) does not require the department, when
25adopting regulations pursuant to this section, to reference and use
26only the available information specified in paragraph (2).

end delete


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