BILL NUMBER: AB 1431INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Hill FEBRUARY 27, 2009 An act to amend Section 25252 of the Health and Safety Code, relating to hazardous materials. LEGISLATIVE COUNSEL'S DIGEST AB 1431, as introduced, Hill. Hazardous materials: chemicals of concern. Existing law requires the Department of Toxic Substances Control, by January 1, 2011, to 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 a specified review process. Existing law requires the department to adopt the regulations in consultation with the Office of Environmental Health Hazard Assessment and all appropriate state agencies, and after conducting one or more public workshops as specified. This bill would make technical, nonsubstantive changes to those provisions. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. AB 1431, as introduced, Hill. Hazardous materials: chemicals of concern. Existing law requires the Department of Toxic Substances Control, by January 1, 2011, to 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 a specified review process. Existing law requires the department to adopt the regulations in consultation with the Office of Environmental Health Hazard Assessment and all appropriate state agencies, and after conducting one or more public workshops as specified. This bill would make technical, nonsubstantive changes to those provisions. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. AB 1431, as introduced, Hill. Hazardous materials: chemicals of concern. Existing law requires the Department of Toxic Substances Control, by January 1, 2011, to 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 a specified review process. Existing law requires the department to adopt the regulations in consultation with the Office of Environmental Health Hazard Assessment and all appropriate state agencies, and after conducting one or more public workshops as specified. This bill would make technical, nonsubstantive changes to those 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 25252 of the Health and Safety Code is amended to read: 25252. (a) On or before January 1, 2011, 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 processspecifiedin 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). SECTION 1. Section 25252 of the Health and Safety Code is amended to read: 25252. (a) On or before January 1, 2011, 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 processspecifiedin 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). SECTION 1. Section 25252 of the Health and Safety Code is amended to read: 25252. (a) On or before January 1, 2011, 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 processspecifiedin 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).