BILL ANALYSIS
AB 1930
Page 1
ASSEMBLY THIRD READING
AB 1930 (De La Torre)
As Amended April 29, 2010
Majority vote
ENVIRONMENTAL SAFETY 9-0
APPROPRIATIONS 17-0
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|Ayes:|Nava, Miller, Blakeslee, |Ayes:|Fuentes, Conway, Ammiano, |
| |Chesbro, Davis, Feuer, | |Bradford, Charles |
| |Monning, Ruskin, Smyth | |Calderon, Coto, Davis, |
| | | |Monning, Ruskin, Harkey, |
| | | |Miller, Nielsen, Norby, |
| | | |Skinner, Solorio, |
| | | |Torlakson, Torrico |
| | | | |
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SUMMARY : Prohibits the manufacture, sale, offering for sale or
offering for promotional purposes of glass beads containing
arsenic or lead above a specified amount if those beads will be
used with blasting equipment. Specifically, this bill :
1)Prohibits a person from manufacturing, selling, offering for
sale, or offering for promotional purposes glass beads that
contain more than 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 or suction blasting equipment
or wet-type or dry-type blasting equipment.
2)Requires the weight percentage of arsenic and lead to be
determined in accordance with the Environmental Protection
Agency Method 3052 modified and EPA Method 6010C or a
generally accepted instrumental method with traceable
standards, including X-ray fluorescence.
3)Requires each container or bag of glass beads sold in this
state for surface preparation, including for cleaning,
peening, finishing, and deburring of aluminum and stainless
steel products, and that will be used with pressure or suction
blasting equipment or wet-type or dry-type blasting equipment,
to be labeled with the following: "Glass bead contents
contain less than 75 ppm arsenic and less than 100 ppm lead,
as determined by EPA Method 3052 and EPA Method 6010C or a
AB 1930
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generally accepted instrumental method with traceable
standards."
4)Establishes that the provisions of this bill do not limit,
supersede, duplicate, or otherwise conflict with the authority
of the Department of Toxic Substances Control (DTSC) to fully
implement the Green Chemistry statutes, including the
authority of DTSC to include products in a product registry or
to require testing or labeling. Establishes that glass beads
will not be considered as a product category already regulated
or subject to pending regulation for purposes of the Green
Chemistry statutes.
EXISTING LAW : Under the Green Chemistry statutes (Health and
Safety Code (HSC) 25251 et. seq.):
1)Requires the DTSC to identify and prioritize chemicals of
concerns and to adopt regulations to evaluate 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.
2)Authorizes DTSC to take regulatory actions to limit exposure
or to reduce the level of hazard posed by a chemical of
concern.
3)Defines a "consumer product" as a product or part of the
product that is used, bought, or leased for use by a person
for any purpose.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, one-time costs to DTSC in 2010-11 of approximately
$50,000 for education and outreach to affected manufacturers,
retailers and other interested parties (Hazardous Waste Control
Account (HWCA)); one-time costs to DTSC in 2011-12 of
approximately $50,000 to purchase equipment used in enforcement
(HWCA); and ongoing costs to DTSC beginning in 2011-12 of
approximately $100,000 to conduct testing, analysis and
enforcement (HWCA).
COMMENTS : Purpose of the bill: According to the author's
office, "Glass beads are pulverized when they are blown out of
an air compressor to treat surfaces or for other industrial
purposes. The resulting dust, containing excessive levels of
AB 1930
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heavy metals, is inhaled by employees or blown into the air
potentially contaminating soil and/or water. The U.S. military
recognized the danger of glass beads containing toxic levels of
arsenic and lead and established a standard to ensure that
soldiers, civilians, and the environment were safe from
contamination. In order to protect individuals and the
environment, AB 1930 will conform California with the U.S.
military standard."
Lead and arsenic: recognized hazards: 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. Arsenic is
listed under Proposition 65 as a chemical known to the state to
cause cancer and to cause reproductive toxicity.
California's Green Chemistry Initiative: As part of the Green
Chemistry Initiative, the Governor signed AB 1879 (Feuer and
Huffman) Chapter 559, Statutes of 2008, into law in 2009. The
Green Chemistry Initiative should yield a comprehensive process
to identify and regulate chemicals of concern in products. This
bill would enable DTSC to further regulate glass beads under the
Green Chemistry statutes.
Standards in the bill: According to the sponsors, the standards
set in this bill correlate to those set by the US Air Force (MIL
PRF 9954C) and the Society of Aeronautic Engineers (AMS
2431/6C). The sponsors contend, "The arsenic and lead limits
were chosen by the military because they near the practical
detection limit (PDL) for the equipment used to analyze for
them."
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965
FN: 0004697