Bill Text: CA AB324 | 2013-2014 | Regular Session | Chaptered
Bill Title: Glass beads: lead and arsenic.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-09-06 - Chaptered by Secretary of State - Chapter 230, Statutes of 2013. [AB324 Detail]
Download: California-2013-AB324-Chaptered.html
BILL NUMBER: AB 324 CHAPTERED
BILL TEXT
CHAPTER 230
FILED WITH SECRETARY OF STATE SEPTEMBER 6, 2013
APPROVED BY GOVERNOR SEPTEMBER 6, 2013
PASSED THE SENATE AUGUST 19, 2013
PASSED THE ASSEMBLY AUGUST 22, 2013
AMENDED IN SENATE AUGUST 14, 2013
AMENDED IN SENATE JULY 2, 2013
AMENDED IN SENATE JUNE 18, 2013
INTRODUCED BY Assembly Member Bloom
FEBRUARY 13, 2013
An act to amend Sections 25258 and 25258.2 of the Health and
Safety Code, relating to hazardous waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 324, Bloom. Glass beads: lead and arsenic.
Existing law, part of the hazardous waste control law, requires
the Department of Toxic Substances Control to adopt regulations to
establish a process by which chemicals or chemical ingredients in
products may be identified and prioritized for consideration as being
a chemical of concern and to adopt regulations to establish a
process by which chemicals of concern may be evaluated. That law
prohibits, until January 1, 2015, a person from manufacturing,
selling, offering for sale, or offering for promotional purposes in
this state, glass beads that contain more than a specified amount of
arsenic or lead if those glass beads will be used with certain types
of blasting equipment and requires, until January 1, 2015, each
container or bag of glass beads sold for surface preparation to be
labeled in a specific manner. Existing law also prohibits, until
January 1, 2015, these glass beads from being considered as a product
category subject to the chemicals of concern regulations. A
violation of the hazardous control law is a misdemeanor.
This bill would revise the process for determining the amount of
arsenic or lead that glass beads may contain, and would authorize the
department to require any person who manufactures, sells, or offers
for sale glass beads to provide to the department specified
information relating to documentation and information about the
manufacturer or supplier of those glass beads. The bill would
authorize an authorized representative of the department, for
purposes of administering and enforcing these provisions regulating
the manufacture of glass beads, upon obtaining consent or after
obtaining an inspection warrant, to, upon presenting appropriate
credentials and at a reasonable time, take specified actions to enter
and inspect a factory, warehouse, or establishment where glass beads
are made. The bill would require the above-described glass bead
prohibitions and requirements to be effective until January 1, 2020.
This bill would require the department, no later than January 1,
2019, to prepare an evaluation of existing research and data to
determine if the standard of 75ppm or more of arsenic or 100ppm or
more of lead is an appropriate standard for the use of those
substances with regard to the prohibitions specified above, and to
submit its findings to the Legislature. The bill would require that,
if the department determines that not enough data exists to complete
the evaluation, the department notify the Legislature and recommend a
process for conducting the evaluation.
By extending the effective date of the prohibitions specified
above, a violation of which is a crime, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 25258 of the Health and Safety Code is amended
to read:
25258. (a) A person shall not manufacture, sell, offer for sale,
or offer for promotional purposes in this state glass beads that
contain 75 parts per million (ppm) or more of arsenic or 100 ppm or
more of lead by weight, if those glass beads will be used with
pressure, suction, or wet- or dry-type blasting equipment.
(b) (1) The concentration of arsenic and lead shall be determined
in accordance with guidelines from EPA reference Method 3052 using
hydrofluoric acid (HF) for sample preparation or digestion.
(2) The digested sample shall be analyzed using an analytical
instrument recognized by EPA such as ICP-AES, ICP-MS, or other
recognized analytical instrument.
(3) The sample analysis method shall be capable of achieving
recovery within the method criteria limits of arsenic and lead. A
glass matrix reference material from, or traceable to, the National
Institute for Standards and Technology shall be used to verify lead
and arsenic concentrations specified in subdivision (a).
(4) The sample preparation method shall be capable of achieving
recovery within the method criteria limits of arsenic and lead from a
glass matrix reference standard from, or traceable to, the National
Institute for Standards and Technology containing the metals near the
concentrations specified in subdivision (a).
(c) Each container or bag of glass beads sold in this state for
surface preparation, including the cleaning, peening, finishing, and
deburring of aluminum and stainless steel products, and that will be
used with pressure, suction, or wet- or dry-type blasting equipment,
shall be labeled with the following:
"Glass bead contents contain less than 75 ppm arsenic and less
than 100 ppm lead pursuant to the California Health and Safety Code
Section 25258."
(d) The department may require any person who manufactures, sells,
or offers for sale, in this state glass beads to provide to the
department information, including, but not limited to, identification
of the manufacturer or supplier of the glass beads, information
related to the sale of the glass beads, and technical documentation
showing that the glass beads are in compliance with the requirements
of this article. The documentation or information shall be submitted
to the department no more than 28 days after the date of the request.
(e) (1) For the purpose of administering and enforcing this
article, an authorized representative of the department, upon
obtaining consent or after obtaining an inspection warrant pursuant
to Title 13 (commencing with Section 1822.50) of Part 3 of the Code
of Civil Procedure, may, upon presenting appropriate credentials and
at a reasonable time, do any of the following:
(A) Enter a factory, warehouse, or establishment where glass beads
are manufactured, packed, held, or sold; enter a vehicle that is
being used to transport, hold, or sell glass beads; or enter a place
where glass beads are being held or sold.
(B) Inspect a factory, warehouse, establishment, vehicle, or place
described in subparagraph (A), and all pertinent equipment, raw
material, finished and unfinished materials, containers, and labeling
in the factory, warehouse, establishment, vehicle, or place. In the
case of a factory, warehouse, or establishment where glass beads are
manufactured, packed, held, or sold, this inspection shall include
any record, file, paper, process, control, and facility that has a
bearing on whether the glass beads are being manufactured, packed,
held, transported, sold, or offered for sale or for promotional
purposes in violation of this article.
(C) (i) Secure a sample of glass beads when taking an action
authorized pursuant to this subdivision. If the representative
obtains a sample prior to leaving the premises, he or she shall leave
a receipt describing the sample obtained.
(ii) The department shall return, upon request, a sample that is
not destroyed during testing when the department no longer has any
purpose for retaining the sample.
(iii) A sample that is secured in compliance with this section and
found to be in compliance with this article that is destroyed during
testing shall be subject to a claim for reimbursement.
(D) Access all records of a carrier in commerce relating to the
movement in commerce of glass beads, or the holding of glass beads
during or after the movement, and the quantity, shipper, and
consignee of the glass beads. A carrier shall not be subject to the
other provisions of this article by reason of its receipt, carriage,
holding, or delivery of glass beads in the usual course of business
as a carrier.
(2) An authorized representative of the department shall be deemed
to have received implied consent to enter a retail establishment,
for purposes of this section, if the authorized representative enters
the location of that retail establishment where the public is
generally granted access.
SEC. 2. Section 25258.2 of the Health and Safety Code is amended
to read:
25258.2. This article shall remain in effect only until January
1, 2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 3. The Department of Toxic Substances Control shall, no later
than January 1, 2019, prepare an evaluation of available existing
research and data to determine if the standard of 75ppm or more of
arsenic or 100ppm or more of lead for purposes of subdivision (a) of
Section 25258 of the Health and Safety Code is an appropriate and
protective standard for the use of those substances, and shall submit
its findings to the Legislature pursuant to Section 9795 of the
Government Code. If the department determines that not enough data
exists to complete this evaluation, the department shall notify the
Legislature and recommend a process for conducting the evaluation
pursuant to Section 9795 of the Government Code.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
