Bill Text: CA AB1078 | 2009-2010 | Regular Session | Introduced

California Assembly Bill 1078 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Los Angeles County Metropolitan Transportation

Spectrum: Bipartisan Bill

Status: (Passed) 2010-09-30 - Chaptered by Secretary of State - Chapter 568, Statutes of 2010. [AB1078 Detail]

Download: California-2009-AB1078-Introduced.html

BILL NUMBER: AB 1078	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Feuer

                        FEBRUARY 27, 2009

   An act to amend Section 25257 of, and to amend and repeal Section
25251 of, the Health and Safety Code, relating to hazardous
materials.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1078, as introduced, Feuer. Hazardous materials: toxic
substances.
   Existing law requires the Department of Toxic Substances Control,
in the California Environmental Protection Agency, to establish a
Toxics Information Clearinghouse for the collection, maintenance, and
distribution of specific chemical hazard traits and environmental
and toxicological endpoint data. Existing law defines various terms
for the purposes of those provisions, including "consumer product."
As of January 1, 2012, the definition of "consumer product" excludes
"mercury-containing lights".
   This bill would extend this exclusion indefinitely, with one
exception as it relates to prohibiting the use of a chemical of
concern in a consumer product.
   The bill would also make a technical, conforming change to a
provision concerning information provided to the department that is a
trade secret.
   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.  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   bought  , or leased
for use by a person for any purposes.  "Consumer 
 Except as provided in subparagraph (B) of paragraph (7),
"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) 
 et seq.)  .
   (7)  (A)    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.  
   (B) Effective January 1, 2012, for the purposes of paragraph (7)
of subdivision (b) of Section 25253, "consumer product" includes
"mercury-containing lights" as defined in subparagraph (A). 
  SEC. 2.  Section 25251 of the Health and Safety Code, as added by
Section 1 of Chapter 560 of the Statutes of 2008, is repealed.

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

  SEC. 3.  Section 25257 of the Health and Safety Code is amended to
read:
   25257.  (a) A person providing information pursuant to this
article may, at the time of submission, identify a portion of the
information submitted to the department as a trade secret and, upon
the written request of the department, shall provide support for the
claim that the information is a trade secret. Except as provided in
subdivision (d), a state agency shall not release to the public,
subject information supplied pursuant to this article that is a trade
secret, and that is so identified at the time of submission, in
accordance with Section 6254.7 of the Government Code and Section
1060 of the Evidence Code.
   (b) This section does not prohibit the exchange of a properly
designated trade secret between public agencies, if the trade secret
is relevant and necessary to the exercise of the agency's
jurisdiction and the public agency exchanging the trade secrets
complies with this section. An employee of the department that has
access to a properly designated trade secret shall maintain the
confidentiality of that trade secret by complying with this section.
   (c) Information not identified as a trade secret pursuant to
subdivision (a) shall be available to the public unless exempted from
disclosure by other provisions of law. The fact that information is
claimed to be a trade secret is public information.
   (d) (1) Upon receipt of a request for the release of information
that has been claimed to be a trade secret, the department shall
immediately notify the person who submitted the information. Based on
the request, the department shall determine whether or not the
information claimed to be a trade secret is to be released to the
public.
   (2) The department shall make the determination specified in
paragraph (1), no later than 60 days after the date the department
receives the request for disclosure, but not before 30 days following
the notification of the person who submitted the information.
   (3) If the department decides that the information requested
pursuant to this subdivision should be made public, the department
shall provide the person who submitted the information 30 days'
notice prior to public disclosure of the information, unless, prior
to the expiration of the 30-day period, the person who submitted the
information obtains an action in an appropriate court for a
declaratory judgment that the information is subject to protection
under this section or for a preliminary injunction prohibiting
disclosure of the information to the public and promptly notifies the
department of that action.
   (e) This section does not authorize a person to refuse to disclose
to the department information required to be submitted to the
department pursuant to this article.
   (f) This section does not apply to  hazardous 
 hazard  trait submissions for chemicals and chemical
ingredients pursuant to this article.