BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           1365 (Corbett)
          
          Hearing Date:  04/26/2010           Amended: 04/12/2010
          Consultant:  Brendan McCarthy   Policy Vote: EQ 5-1
          _________________________________________________________________ 
          ____
          BILL SUMMARY: SB 1365 authorizes the Department of Toxic  
          Substances Control to enforce existing law that prohibits the  
          sale of toys that contain specified toxic substances.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2010-11      2011-12       2012-13    Fund  
           
          Enforcement activity   $75        $150        $150      Special  
          *                                                       
          * Hazardous Waste Control Account.
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: 
          
          Current law requires jewelry manufactured or sold in the state  
          to be manufactured solely from specified ingredients (e.g.  
          metals such as gold or stainless steel or electroplated metals),  
          in order to avoid contamination with hazardous substances. These  
          requirements are enforced by the Department of Toxic Substances  
          Control.

          Current law prohibits the manufacture or sale of toys that  
          contain specified toxic materials. Prohibited materials include  
          paint that contains lead or other heavy metals, diseased or  
          decomposed substances, materials that were produced or stored  
          under unsanitary conditions, or components that contain  
          materials that would be toxic if ingested.

          Current law authorizes the Department of Public Health and local  
          public health officers to enforce these provisions relating to  
          toys.

          SB 1365 authorizes the Department of Toxic Substances Control to  
          also enforce these regulatory requirements for toys, providing  










          that existing resources are used. The bill also specifies that  
          only one of the enforcing agencies may impose a penalty for a  
          given violation.

          While the bill authorizes the Department of Toxic Substances  
          Control to enforce the bill within existing resources, it is  
          likely that any actions taken to enforce this section of the  
          Health and Safety Code will displace other activities by the  
          Department. The Department estimates that a relatively low level  
          of enforcement, driven by complaints to the Department, will  
          require one position and related equipment for responding to  
          complaints, testing of potentially contaminated toys, and  
          compiling evidence for prosecution of violations.