BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 22
                                                                  Page 1

          Date of Hearing:   June 29, 2010

           ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
                                  Pedro Nava, Chair
                 SB 22 (Simitian) - As Introduced:  December 1, 2008

           SENATE VOTE  :   22-14
           
          SUBJECT  :   California Toxics Information Clearinghouse.

           SUMMARY  :   Authorizes the Office of Environmental Health Hazard  
          Assessment (OEHHA) to expedite review and identification of  
          hazard traits of chemical ingredients in consumer products.

          Specifically,  this bill  authorizes OEHHA to recommend procedures  
          for expediting the review and identification of hazard traits  
          for the California Toxics Information Clearinghouse, including  
          pending and proposed actions by other states, the federal  
          government, and other nations to limit hazardous materials in  
          products.

           EXISTING LAW:  

          1)Requires, under the Federal Toxic Substances Control Act (15  
            U.S.C, Sections 2601 to 2692), the manufacturer of a chemical  
            to submit specified data to the United States Environmental  
            Protection Agency (U.S. EPA), including the submission of data  
            prior to its use in commerce.

          2)Requires a California business to provide public notice about  
            the use of a chemical known to the state as causing cancer or  
            reproductive toxicity, pursuant to the Toxics Enforcement and  
            Safe Drinking Water Act (Proposition 65).

          3)Requires OEHHA to evaluate and specify the hazard traits,  
            toxicological endpoints and other relevant data to be included  
            in California's Toxics Information Clearinghouse, which will  
            be constructed by the Cal/EPA's Department of Toxic Substances  
            Control (SB 509 (Simitian) Chapter 560, Statutes of 2008).

          FISCAL EFFECT  :   Not known.
           
          COMMENTS  :

           1)Need for the bill.   According to the author, the purpose of SB  








                                                                  SB 22
                                                                  Page 2

            22 is to further clarify and advance the development of the  
            Toxic Information Clearinghouse by providing authority to  
            OEHHA to use already developed standards and protocols to  
            identify hazard traits of chemicals in consumer products.

           2)Green Chemistry and the Toxics Information Clearinghouse  .  In  
            2008, the Governor signed AB 1879 and SB 509 into law, which  
            enacted two green chemistry policy recommendations outlined in  
            DTSC's Green Chemistry report.  AB 1879 (Feuer and Huffman)  
            Chapter 559, Statutes of 2008, requires DTSC to adopt  
            regulations by January 1, 2011 to identify and prioritize  
            chemicals of concern, to evaluate alternatives, and to specify  
            regulatory responses where chemicals of concern are found in  
            consumer products.  SB 509 requires DTSC to establish an  
            online, public Toxics Information Clearinghouse that includes  
            science-based information on the toxicity and hazard traits of  
            chemicals as identified by OEHHA.

            AB 1879 and SB 509 established a foundation for the  
            development of a comprehensive green chemistry policy in the  
            state.  Prior to the enactment of these two bills, California  
            had an extremely limited chemical policy program in which many  
            state entities held limited regulatory authority over consumer  
            products that contained chemicals of concern.

           REGISTERED SUPPORT / OPPOSITION  :

           Support
           
          None received.

           Opposition
           
          None received.


           Analysis Prepared by  :    Bob Fredenburg / E.S. & T.M. / (916)  
          319-3965