Bill Text: CA AB2166 | 2011-2012 | Regular Session | Introduced
Bill Title: Hazardous materials: chemicals of concern.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-04-24 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2166 Detail]
Download: California-2011-AB2166-Introduced.html
BILL NUMBER: AB 2166 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Feuer
FEBRUARY 23, 2012
An act to amend Sections 25251, 25252, 25253, 25254, and 25256.1
of the Health and Safety Code, relating to hazardous materials.
LEGISLATIVE COUNSEL'S DIGEST
AB 2166, as introduced, Feuer. Hazardous materials: chemicals of
concern.
Existing law requires the Department of Toxic Substances Control
to adopt regulations to establish a process to identify and
prioritize chemicals or chemical ingredients in consumer products, to
establish a process for evaluating chemicals of concern in consumer
products and their potential alternatives for the purposes of
limiting exposure or to reduce the level of hazard posed by chemicals
of concern, and a range of regulatory responses that the department
may take following the evaluation. Existing law requires the
department to appoint members to the Green Ribbon Science Panel,
which provides advice to the department in the implementation of the
above provisions. Existing law requires the Office of Environmental
Health Hazard Assessment to evaluate and specify the hazard traits,
and environmental and toxicological end-point data.
This bill would delete obsolete provisions in the above
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
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 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 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. 2. Section 25252 of the Health and Safety Code is amended to
read:
25252. (a) On or before January 1, 2011, the
The department shall adopt regulations to establish a
process to identify and prioritize those chemicals or chemical
ingredients in consumer products that may be considered as being a
chemical of concern, in accordance with the review process specified
in Section 25252.5. The department shall adopt these regulations in
consultation with the office and all appropriate state agencies and
after conducting one or more public workshops for which the
department provides public notice and provides an opportunity for all
interested parties to comment. The regulations adopted pursuant to
this section shall establish an identification and prioritization
process that includes, but is not limited to, all of the following
considerations:
(1) The volume of the chemical in commerce in this state.
(2) The potential for exposure to the chemical in a consumer
product.
(3) Potential effects on sensitive subpopulations, including
infants and children.
(b) (1) In adopting regulations pursuant to this section, the
department shall develop criteria by which chemicals and their
alternatives may be evaluated. These criteria shall include, but not
be limited to, the traits, characteristics, and endpoints that are
included in the clearinghouse data pursuant to Section 25256.1.
(2) In adopting regulations pursuant to this section, the
department shall reference and use, to the maximum extent feasible,
available information from other nations, governments, and
authoritative bodies that have undertaken similar chemical
prioritization processes, so as to leverage the work and costs
already incurred by those entities and to minimize costs and maximize
benefits for the state's economy.
(3) Paragraph (2) does not require the department, when adopting
regulations pursuant to this section, to reference and use only the
available information specified in paragraph (2).
SEC. 3. Section 25253 of the Health and Safety Code is amended to
read:
25253. (a) (1) On or before January 1, 2011, the
The department shall adopt regulations pursuant
to this section that establish a process for evaluating 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, in accordance with the review
process specified in Section 25252.5. The department shall adopt
these regulations in consultation with all appropriate state agencies
and after conducting one or more public workshops for which the
department provides public notice and provides an opportunity for all
interested parties to comment.
(2) The regulations adopted pursuant to this section shall
establish a process that includes an evaluation of the availability
of potential alternatives and potential hazards posed by those
alternatives, as well as an evaluation of critical exposure pathways.
This process shall include life cycle assessment tools that take
into consideration, but shall not be limited to, all of the
following:
(A) Product function or performance.
(B) Useful life.
(C) Materials and resource consumption.
(D) Water conservation.
(E) Water quality impacts.
(F) Air emissions.
(G) Production, in-use, and transportation energy inputs.
(H) Energy efficiency.
(I) Greenhouse gas emissions.
(J) Waste and end-of-life disposal.
(K) Public health impacts, including potential impacts to
sensitive subpopulations, including infants and children.
(L) Environmental impacts.
(M) Economic impacts.
(b) The regulations adopted pursuant to this section shall specify
the range of regulatory responses that the department may take
following the completion of the alternatives analysis, including, but
not limited to, any of the following actions:
(1) Not requiring any action.
(2) Imposing requirements to provide additional information needed
to assess a chemical of concern and its potential alternatives.
(3) Imposing requirements on the labeling or other type of
consumer product information.
(4) Imposing a restriction on the use of the chemical of concern
in the consumer product.
(5) Prohibiting the use of the chemical of concern in the consumer
product.
(6) Imposing requirements that control access to or limit
exposure to the chemical of concern in the consumer product.
(7) Imposing requirements for the manufacturer to manage the
product at the end of its useful life, including recycling or
responsible disposal of the consumer product.
(8) Imposing a requirement to fund green chemistry challenge
grants where no feasible safer alternative exists.
(9) Any other outcome the department determines accomplishes the
requirements of this article.
(c) The department, in developing the processes and regulations
pursuant to this section, shall ensure that the tools available are
in a form that allows for ease of use and transparency of
application. The department shall also make every feasible effort to
devise simplified and accessible tools that consumer product
manufacturers, consumer product distributors, product retailers, and
consumers can use to make consumer product manufacturing, sales, and
purchase decisions.
SEC. 4. Section 25254 of the Health and Safety Code is amended to
read:
25254. (a) In implementing this article, the department shall
establish a Green Ribbon Science Panel. The panel shall be composed
of members whose expertise shall encompass all of the following
disciplines:
(1) Chemistry.
(2) Chemical engineering.
(3) Environmental law.
(4) Toxicology.
(5) Public policy.
(6) Pollution prevention.
(7) Cleaner production methods.
(8) Environmental health.
(9) Public health.
(10) Risk analysis.
(11) Materials science.
(12) Nanotechnology.
(13) Chemical synthesis.
(14) Research.
(15) Maternal and child health.
(b) The department shall appoint all members to the panel
on or before July 1, 2009. The department shall appoint
the members for staggered three-year terms, and may reappoint a
member for additional terms, without limitation.
(c) The panel shall meet as often as the department deems
necessary, with consideration of available resources, but not less
than twice each year. The department shall provide for staff and
administrative support to the panel.
(d) The panel meetings shall be open to the public and are subject
to the Bagley-Keene Open Meeting Act (Article 9 (commencing with
Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the
Government Code).
SEC. 5. Section 25256.1 of the Health and Safety Code is amended
to read:
25256.1. On or before January 1, 2011, the
The office shall evaluate and specify the hazard traits
and environmental and toxicological end-points and any other relevant
data that are to be included in the clearinghouse. The office shall
conduct this evaluation in consultation with the department and all
appropriate state agencies, after one or more public workshops, and
an opportunity for all interested parties to comment. The office may
seek information from other states, the federal government, and other
nations in implementing this section.
