Amended in Senate April 2, 2013

Senate Bill No. 498

Introduced by Senator Lara

February 21, 2013

An act to amend Section begin delete 25253 end delete begin insert 25251 end insert of the Health and Safety Code, relating to hazardous materials.

LEGISLATIVE COUNSEL’S DIGEST

SB 498, as amended, 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 begin insert consumer end insert 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. begin insert Existing law defines the term “consumer product” for purposes of those requirements and excludes from that definition certain devices, materials, food, packaging, and pesticides. end insert

This bill would begin delete make nonsubstantive changes to that provision end delete begin insert additionally exclude from the definition of consumer products a motor vehicle with a gross vehicle weight rating of less than 14,000 pounds, and that motor vehicle’s component or replacement parts end insert .

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 25251 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

25251.  

For purposes of this article, the following definitions
shall apply:

(a) “Clearinghouse” means the Toxics Information
Clearinghouse established pursuant to Section 25256.

(b) “Council” means the California Environmental Policy
Council established pursuant to subdivision (b) of Section 71017
of the Public Resources Code.

(c) “Office” means Office of Environmental Health Hazard
Assessment.

(d) “Panel” means the Green Ribbon Science Panel established
pursuant to Section 25254.

(e) “Consumer product” means a product or part of the product
that is used, brought, or leased for use by a person for any purposes.
“Consumer product” does not include any of the following:

(1) A dangerous drug or dangerous device as defined in Section
4022 of the Business of Professions Code.

(2) Dental restorative materials as defined in subdivision (b) of
Section 1648.20 of the Business and Professions Code.

(3) A device as defined in Section 4023 of the Business of
Professions Code.

(4) A food as defined in subdivision (a) of Section 109935.

(5) The packaging associated with any of the items specified in
paragraph (1), (2), or (3).

(6) A pesticide as defined in Section 12753 of the Food and
Agricultural Code or the Federal Insecticide, Fungicide and
Rodenticide (7 United States Code Sections 136 and following).

begin insert

(7) A motor vehicle, as defined in Section 415 of the Vehicle
Code, with a gross vehicle weight rating of less than 14,000
pounds, as defined in subdivision (a) of Section 350 of the Vehicle
Code, and that motor vehicle’s component or replacement parts.

end insert begin delete

(f) This section shall become effective on January 1, 2012.

end delete

begin delete

SECTION 1.  

Section 25253 of the Health and Safety Code is
amended to read:

25253.  

(a) (1) On or before January 1, 2011, the department
shall adopt regulations pursuant to this section that establish a
process for evaluating chemicals of concern in consumer products,
and their potential alternatives, to determine how best to limit
exposure or to reduce the level of hazard posed by a chemical of
concern, in accordance with the review process specified in Section
25252.5. The department shall adopt these regulations in
consultation with all appropriate state agencies and after conducting
one or more public workshops for which the department provides
public notice and provides an opportunity for all interested parties
to comment.

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

(A) Product function or performance.

(B) Useful life.

(C) Materials and resource consumption.

(D) Water conservation.

(E) Water quality impacts.

(F) Air emissions.

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

(H) Energy efficiency.

(I) Greenhouse gas emissions.

(J) Waste and end-of-life disposal.

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

(L) Environmental impacts.

(M) Economic impacts.

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

(1) Not requiring any action.

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

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

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

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

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

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

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

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

(c) The department, in developing the processes and regulations
pursuant to this section, shall ensure that the tools available are in
a form that allows for ease of use and transparency of application.
The department shall also make every feasible effort to devise
simplified and accessible tools that consumer product
manufacturers, consumer product distributors, consumer product
retailers, and consumers can use to make consumer product
manufacturing, sales, and purchase decisions.

end delete