SB 498, as introduced, Lara. Hazardous materials: green chemistry.
Existing law, part of the hazardous waste control laws, requires the Department of Toxic Substances Control to adopt, by January 1, 2011, regulations to establish a process by which chemicals of concern in products, and their potential alternatives, are evaluated to determine how best to limit exposure or to reduce the level of hazard posed by a chemical of concern. The regulations are required to specify actions that the department may take following the completion of the analysis.
This bill would make nonsubstantive changes to that provision.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 25253 of the Health and Safety Code is
2amended to read:
(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
P2 1consultation with all appropriate state agencies and after conducting
2one or more public workshops for which the department provides
3public notice and provides an opportunity for all interested parties
4to comment.
5(2) The regulations adopted pursuant to this section shall
6establish a process that includes an
evaluation of the availability
7of potential alternatives and potential hazards posed by those
8alternatives, as well as an evaluation of critical exposure pathways.
9This process shall include life cycle assessment tools that take into
10consideration, but shall not be limited to, all of the following:
11(A) Product function or performance.
12(B) Useful life.
13(C) Materials and resource consumption.
14(D) Water conservation.
15(E) Water quality impacts.
16(F) Air emissions.
17(G) Production, in-use, and transportation energy inputs.
18(H) Energy efficiency.
19(I) Greenhouse gas emissions.
20(J) Waste and end-of-life disposal.
21(K) Public health impacts, including potential impacts to
22sensitive subpopulations, including infants and children.
23(L) Environmental impacts.
24(M) Economic impacts.
25(b) The regulations adopted pursuant to this section shall specify
26the range of regulatory responses that the department may take
27following the completion of the alternatives analysis, including,
28but not limited to, any of the following actions:
29(1) Not requiring any action.
30(2) Imposing requirements to provide additional information
31needed to assess a chemical of concern and its potential
32alternatives.
33(3) Imposing requirements on the labeling or other type of
34consumer product information.
35(4) Imposing a restriction on the use of the chemical of concern
36in the consumer product.
37(5) Prohibiting the use of the chemical of concern in the
38consumer product.
39(6) Imposing requirements that control access to or limit
40exposure to the chemical of concern in the consumer product.
P3 1(7) Imposing requirements for the manufacturer to manage the
2begin insert
consumerend insert product at the end of its useful life, including recycling
3or responsible disposal of the consumer product.
4(8) Imposing a requirement to fund green chemistry challenge
5grants where no feasible safer alternative exists.
6(9) Any other outcome the department determines accomplishes
7the requirements of this article.
8(c) The department, in developing the processes and regulations
9pursuant to this section, shall ensure that the tools available are in
10a form that allows for ease of use and transparency of application.
11The department shall also make every feasible effort to devise
12simplified and accessible tools that consumer product
13manufacturers, consumer product distributors,begin insert consumerend insert
product
14retailers, and consumers can use to make consumer product
15manufacturing, sales, and purchase decisions.
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