BILL NUMBER: SB 443	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Pavley

                        FEBRUARY 26, 2009

   An act to amend Sections 25251 and 25252.5 of the Health and
Safety Code, relating to public health.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 443, as introduced, Pavley. Public health: hazardous materials.

   Existing law establishes the Department of Toxic Substances
Control, in the California Environmental Protection Agency, with
powers and duties regarding, among other things, hazardous waste
disposal, underground storage of hazardous substances and waste, and
the handling and release of hazardous materials.
   Existing law requires the department by January 1, 2011, to adopt
regulations to establish a process by which chemicals or chemical
ingredients in consumer products, as defined, may be identified and
prioritized for consideration as being chemicals of concern. Existing
law also specifies a procedure for the adoption of those
regulations, including requiring that the department, in adopting
those regulations, prepare a multimedia life cycle evaluation that
addresses the impacts associated with, among other things, worker
safety and impacts to public health. It also requires the department
to adopt, by January 1, 2011, regulations to establish a process by
which chemicals of concern in consumer 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.
   This bill would specify that consumer products for these purposes
include cleaning products used in food facilities and that worker
safety for these purposes includes food facility worker safety.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The first Section 25251 of the Health and Safety Code,
as added by Section 1 of Chapter 560 of the Statutes of 2008, is
amended to read:
   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
 , including cleaning products used in food facilities  .
"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 Act (7 U.S.C. Sec. 136 and following).
   (7) Mercury-containing lights defined as mercury-containing lamps,
bulbs, tubes, or other electric devices that provide functional
illumination.
   (f) This section shall remain in effect only until December 31,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before December 31, 2011, deletes or extends
that date.
  SEC. 2.  The second Section 25251 of the Health and Safety Code, as
added by Section 1 of Chapter 560 of the Statutes of 2008, is
amended to read:
   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
 , including cleaning products used in food facilities  .
"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).
   (f) This section shall become effective on January 1, 2012.
  SEC. 3.  Section 25252.5 of the Health and Safety Code is amended
to read:
   25252.5.  (a) Except as provided in subdivision (f), the
department, in adopting the regulations pursuant to Sections 25252
and 25253, shall prepare a multimedia life cycle evaluation conducted
by affected agencies and coordinated by the department, and shall
submit the regulations and the multimedia life cycle evaluation to
the council for review.
   (b) The multimedia evaluation shall be based on the best available
scientific data, written comments submitted by interested persons,
and information collected by the department in preparation for
adopting the regulations, and shall address, but is not limited to,
the impacts associated with all the following:
   (1) Emissions of air pollutants, including ozone forming
compounds, particulate matter, toxic air contaminants, and greenhouse
gases.
   (2) Contamination of surface water, groundwater, and soil.
   (3) Disposal or use of the byproducts and waste materials.
   (4) Worker safety  , including food facility worker safety,
 and impacts to public health.
   (5) Other anticipated impacts to the environment.
   (c) The council shall complete its review of the multimedia
evaluation within 90 calendar days following notice from the
department that it intends to adopt regulations. If the council
determines that the proposed regulations will cause a significant
adverse impact on the public health or the environment, or that
alternatives exist that would be less adverse, the council shall
recommend alternative measures that the department or other state
agencies may take to reduce the adverse impact on public health or
the environment. The council shall make all information relating to
its review available to the public.
   (d) Within 60 days of receiving notification from the council of a
determination of significant adverse impact, the department shall
adopt revisions to the proposed regulation to avoid or reduce the
adverse impact, or the affected agencies shall take appropriate
action that will, to the extent feasible, mitigate the adverse impact
so that, on balance, there is no significant adverse impact on
public health or the environment.
   (e) In coordinating a multimedia evaluation pursuant to
subdivision (a), the department shall consult with other boards and
departments within the California Environmental Protection Agency,
the State Department of Public Health, the State and Consumer
Services Agency, the Department of Homeland Security, the Department
of Industrial Relations, and other state agencies with responsibility
for, or expertise regarding, impacts that could result from the
production, use, or disposal of consumer products and the ingredients
they may contain.
   (f) Notwithstanding subdivision (a), the department may adopt
regulations pursuant to Sections 25252 and 25253 without subjecting
the proposed regulation to a multimedia evaluation if the council,
following an initial evaluation of the proposed regulation,
conclusively determines that the regulation will not have any
significant adverse impact on public health or the environment.
   (g) For the purposes of this section, "multimedia life cycle
evaluation" means the identification and evaluation of a significant
adverse impact on public health or the environment, including air,
water, or soil, that may result from the production, use, or disposal
of a consumer product or consumer product ingredient.