Substances Effected: Phthalates

Summary: Commencing January 1, 2009, prohibit the manufacture, sale, or distribution in commerce of certain toys and child care articles, as defined, if those products contain types of phthalates in concentrations exceeding 1/10 of 1%.

The legislation also requires manufacturers to use the least toxic alternative when replacing phthalates in their products and would prohibit manufacturers from replacing phthalates with certain carcinogens and reproductive toxicants.

Scope: "Toy" means all products designed or intended by the manufacturer to be used by children when they play.

"Child care article" means all products designed or intended by the manufacturer to facilitate sleep, relaxation, or the feeding of children, or to help children with sucking or teething.

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Substances Effected: Mercury, lead, asbestos and other listed chemicals

Summary: California must revise and republish annually a list that contains chemicals known to the state to cause cancer, and chemicals known to the state to cause reproductive toxicity. The Proposition 65 list contains a wide range of chemicals, including dyes, solvents, pesticides, drugs, food additives, and by-products of certain processes. The chemicals may be naturally occurring or synthetic.

California prohibits businesses from knowingly discharging listed chemicals into sources of drinking water. Businesses are required to provide a "clear and reasonable" warning before knowingly and intentionally exposing anyone to a listed chemical. The exposures requiring a warning under Proposition 65 may occur in the environment surrounding a manufacturing facility, in the workplace, or through consumer use of a product. The regulations require that the warning must be reasonably calculated to make the warning message available to the individual prior to exposure, and that the message must clearly communicate that the chemical in question is known to the state to cause cancer, or birth defects or other reproductive harm. A warning may be provided by labels, signs, public advertising, or any other method that adequately conveys the required message.

Scope: Products containing mercury, lead, and asbestos.

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Substances Effected: Mercury

Summary: Prohibits the sale, offering for sale, or distribution for promotional purposes of certain new or refurbished mercury-added products in California after July 1, 2006, unless the product is required under a federal law or contract specification or unless the only mercury-added component in the product is a button cell battery.

Also prohibits a person from selling, offering to sell, or distributing for promotional purposes a mercury switch or mercury relay in California after July 1, 2006. Mercury relays or switches required under federal law, required under federal contract specifications, or meeting specified conditions are exempt. Sale of mercury switches and relays that contain less than one milligram of mercury will be allowed contingent on the manufacturer fulfilling certain conditions. The California Department of Toxic Substance Control may also grant three-year exemptions for mercury switches or relays if a manufacturer or trade group can demonstrate that there is no technically feasible alternative, available at a reasonable cost.

Finally, the law would prohibit a person from selling, offering to sell, or distributing for promotional purposes mercury diostats, or a new or refurbished oven or gas range containing a mercury diostat, in California on or after July 1, 2008.

Scope: Products and devices containing mercury, including but not limited to mercury-added relays, switches, and diostats.

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Substances Effected: Mercury, lead, cadmium, and hexavalent chromium

Contains RoHS like provisions: Yes

Summary: The Act shifts the cost burden of electronics recycling directly to consumers by requiring retailers to collect a per-unit point of sale fee to cover costs of recycling and disposal of electronic waste.

Requires the Department of Toxic Substance Control to adopt regulations that prohibit the sale of a covered device if the electronic device is prohibited from being sold or offered for sale in the European Union on and after its date of manufacture under Directive 2002/95/EC, Restriction on Hazardous Substances ("RoHS Directive") due to the presence of mercury, lead, cadmium, and hexavalent chromium.

On or before July 1, 2005, and at least once annually thereafter, requires each manufacturer of a covered electronic device sold in California to submit a report that includes an estimate of the number of covered electronic devices sold in the state during the previous year, an estimate of the amount of mercury, lead, cadmium, and hexavalent chromium used in the devices, and a list of retailers to which the manufacturer provided notice of these heavy metals.

 

Scope: Covered products including cathode ray tubes (CRT), CRT devices, computers or televisions with CRTs, and desktop monitors or laptop computers with liquid crystal display devices greater than 4 inches in size measured diagonally.

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Substances Effected: Mercury

Summary: Prohibits the sale of any mercury-containing thermometer (except by a licensed retailer) and prohibits the manufacture or sale of mercury-added novelties (which as defined, does not include any electronic devices). Prohibits schools from purchasing elemental mercury materials and some measuring devices that contain mercury (which as defined, also does not include electronic devices). The law also includes a requirement that mercury-containing components removed from vehicles be handled as hazardous waste and prohibits the sale of any vehicle containing a mercury light switch in California after January 1, 2005.

Scope: Mercury switches, temperature control devices, and other mercury-containing items.

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Substances Effected: Mercury

Summary: Due to concerns regarding toxic metals, including mercury, in certain dry cell batteries, this Act prohibits the sale or offer to sell of any rechargeable consumer product unless the product meets specific requirements (including labeling requirements and instructions for proper recycling and disposal) after January 1, 1995. On or after July 1, 1994, each rechargeable battery, consumer product package containing a rechargeable battery or battery pack, and the package for each such item, sold or offered for sale in California is required to meet specific labeling requirements.

A related act passed the same year prohibits the sale of any dry cell battery manufactured on or after January 1, 1994, for household use in which the mercury content exceeds 0.025% by weight for an alkaline battery or 0.0% intentionally introduced mercury in a carbon-zinc battery, and prohibits the manufacture or sale of any mercuric oxide button cell batteries of any type for any use.

Companion Legislation:

The related act concerning household batteries

Scope: Dry cell batteries, rechargeable consumer products, rechargeable batteries, and mercuric oxide button batteries.

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Substances Effected: Heavy metals

Summary:

Requires the Department of Toxic Substances Control (“Department”) by January 1, 2011, to adopt regulations to establish a process by which chemicals or chemical ingredients in products may be identified and prioritized for  consideration as being chemicals of concern.  The legislation specifies a procedure for the adoption of those regulations, including requiring that the Department, in adopting those regulations, prepare a multimedia life cycle evaluation, as defined, and submit the regulations and the multimedia life cycle evaluation to the California Environmental Policy Council for review.  

The Department is also be required to adopt, by January 1, 2011, regulations to establish a process by which chemicals of concern in products, and their potential alternatives, are evaluated to determine how best to limit exposure or to reduce the level of
hazard posed by a chemical of concern.  The regulations would be required to specify actions that the Department may take following the completion of the analysis, including imposing requirements to provide additional information, requirements for labeling or other type of product information, controlling access to or limiting exposure, managing the product at the end of its useful life, or funding green chemistry challenge grants, restrictions on the use of the chemical of concern in the product, or prohibitions on use.

Scope: “Consumer product" means a product or part of the product that is used, bought, or leased for use by a person for any purpose.

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Substances Effected: Mercury

Summary: Requires a manufacturer, that owns or owned the name brand of mercury-added thermostats sold in this state before January 1, 2006, to establish and maintain a collection and recycling program for out-of-service mercury-added thermostats. Requires a collection and recycling program for out-of-service mercury-added thermostats to meet certain requirements, including developing educational and outreach materials, providing adequate incentives and education to contractors, service technicians, and homeowners to encourage return of thermostats to established recycling collection points and, on and after April 1, 2010 , and by April 1 annually thereafter, publishing specified information on an Internet Web site.

Scope: "Thermostat" means a product or device that uses a switch to sense and control room temperature through communication with heating, ventilating, or air-conditioning equipment. 

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Substances Effected: “Penta” and “octa” BDE

Summary: Prohibits a person from manufacturing, processing, or distributing in commerce a product, or a flame retardant part of a product, containing more than one-tenth of one percent of pentabrominated diphenyl ether ("pentaBDE") or octabrominated diphenyl ether ("octaBDE") on or after June 1, 2006. The law clarifies that "processing" does not include the processing of metallic recyclables containing pentaBDE or octaBDE, if such activity is conducted in compliance with all applicable federal, state, and local laws. There is also an exception for products containing small quantities of polybrominated diphenyl ethers ("PBDEs") that are produced or used for scientific research on the health or environmental effects of PBDEs.

In addition, the law required the California Senate Office of Research to submit recommendations regarding the regulation of PBDE, including relevant findings and rulings adopted by the European Union, to the Senate and Senate Environmental Quality Committee by March 1, 2004.

Scope: PentaBDE, OctaBDE, and any products, that contain these chemicals.

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Substances Effected: Mercury, cadmium, hexavalent chromium, and lead

Summary:

Prohibits a manufacturer, supplier, or person from offering for sale or for promotional purposes, a package or packaging component that includes a regulated metal (including mercury), in the package itself, or in a packaging component, if the regulated metal has been intentionally introduced into the package or packaging component during manufacturing or distribution.

"Package" means any container, providing a means of marketing, protecting, or handling a product, including unsealed receptacles, carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags, and tubs. "Packaging component" means any individual assembled part of a package including any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, labels, dyes, pigments, adhesives, stabilizers, or any other additives.

The sum of the incidental total concentration levels of all regulated metals present in a single-component package or in an individual packaging component may not exceed 100 ppm by weight.

Scope: Packaging and packaging components and products contained in such packaging or packaging components.

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Sponsor: Assembly Member Saldana

Substances Effected: Mercury, Cadmium, Lead, and Hexavalent Chromium

Contains RoHS like provisions: Yes

Summary:

Existing law requires the Department of Toxic Substances Control (DTSC) to adopt regulations to prohibit electronic devices with video displays greater than 4 inches measured diagonally, from being sold in this state if the electronic device is prohibited from being sold in the European Union due to the presence of certain heavy metals.

The new bill defines the Reduction of Hazardous Substances (ROHS) directive as Directive 2002/95/EC, as adopted by the European Union. Bill amends existing law that defines the term "electronic device" under the Electronic Waste Recycling Act of 2003, which defines "electronic device" as a video display device that is identified by the DTSC, as presumed hazardous waste when discarded. The revised definition includes devices that are dependent on electric currents or electromagnetic fields to work properly or devices for the generation, transfer, or measurement of electric currents or fields, that fall within the scope of Article 2 of Directive 2002/96/EC, and is designed for use with a voltage rating that does not exceed 1000 volts for alternating current and 1500 volts for direct current and that falls within the scope of Article 2.1 of the ROHS directive.

Bill requires the regulations adopted by the DTSC , except for those applicable to video display devices, as defined, to implement the changes made by the bill to take effect on January 1, 2010.

Scope: Electronic devices containing mercury, cadmium, lead and hexavalent chromium

EIATRACK Comment:

2/22/06 - Introduced.

3/2/06 - Referred to Committees on Natural Resources and Environmental Safety and Toxic Materials.

3/29/06 - Passed Nat. Res. Committee. Re-referred to Env'l Safety and Tox. Materials Committee.

4/24/06 - Amended and re-referred to committee.

4/26/06 - Passed and referred to Appropriations Committee.

5/26/06 - From Approp. Committee, amended and passed. Read second time and amended.

5/30/06 - Read second time and passed on to third reading.

5/31/06 - Read third time, amended, passed, and sent to the Senate.

6/01/06 - Read first time in Senate and referred to the Committee on RLS.

6/15/06 - Referred to the Committee on Environmental Quality.

8/07/06 - Amended by the CEQ in the Senate and re-referred to Committee on Appropriations.

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Sponsor: Assembly Member Chan

Substances Effected: Brominated Flame Retardants

Summary:

Existing law prohibits a person from manufacturing, processing (as defined), or distributing a product or flame retardant part of a product, containing more than 0.1% penta BDE or octa BDE on or after June 1, 2006.  This bill would provide that a person who violates these prohibitions is liable for a civil penalty in an amount no less than $10,000 per day of violation, which would be assessed and recovered in a civil action brought by the Attorney General.

Applicable provision deleted from the bill on June, 21 2006.     

Scope: Products containing octa and penta BDEs.

EIATRACK Comment:

2/8/05 - Introduced.

4/13/05 - Amended in Assembly and referred to Appropriations Committee.

6/1/05 - Read third time, passed, and sent to the Senate.

6/2/05 - First reading in Senate.

6/14/05 - First Senate hearing cancelled at request of author.

9/8/05 - Carried over to 2006 session upon adjournment of Legislature.

6/1/06 - Read second time, amended, and referred to the Committee on Environmental Quality.

6/5/06 - Withdrawn from committee and re-referred to the Committee on RLS.

6/19/06 - First hearing cancelled at request of author.

6/21/06 - Read second time, amended, and re-referred to Com. on ED.

6/26/06 - Withdrawn from committee. Re-referred to Com. on RLS.

 

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Substances Effected: Mercury, Lead

Contains RoHS like provisions: Yes

Summary:

Prohibits selling or offering for sale after January 1, 2010, general purpose lights, as defined, that contain levels of hazardous substances prohibited by the European Union pursuant to the RoHS Directive.  These prohibitions would not apply to high intensity discharge lamps and compact fluorescent lamps greater than 9 inches in length until January 1, 2012 and to specified
incandescent lamps and enhanced spectrum lamps until January 1, 2014.  Every manufacturer of general purpose lights sold in California containing hazardous substances would be required to ensure that a system is in place for collection and recycling of end-of-life general purpose lights generated in California. 

Violation of this law's requirements is a crime.  By December 31, 2008, the Commission would be required to adopt minimum energy efficiency standards for all general purpose lights on a schedule specified in the regulations.  The regulations would be structured to reduce statewide electrical energy consumption by 50% from the 2007 levels for indoor residential lighting, and 25% from the 2007 levels for indoor commercial and outdoor lighting by 2018.  The Department of General Services would be required to end the purchase of general purpose lights in state facilities within two years of the standards regarding energy consumption limits for all general purpose lights, subject to exemptions for special needs lighting.     

Scope: Fluorescent and incandescent lighting.   

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Sponsor: Feuer

Scope: Looks to extend permantently exemption for mercury lights in DTSC Toxics Information Clearinghouse

Exemptions: N/A

EIATRACK Comment: 02/27/2009 Introduced. 03/26/2009 Referred to Committee on Environmental Safety and Toxic Materials 05/05/2009 From committee: Amend, do pass as amended, and re-refer to Committee on Appropriations (Ayes 7. Noes 0.) (April 28). 05/07/2009 Re-referred to Committee on Appropriations 05/11/2009 Withdrawn from committee. Ordered placed on second reading file. 05/14/2009 Read third time, passed, and to Senate. (Ayes 74. Noes 0. Page 1454.); In Senate. Read first time. 05/21/2009 Referred to Committee on Rules

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Sponsor: Feuer

Scope: Hazardous Waste - Source Reduction Ties in various agencies to DTSC Green Chemistry Program

Exemptions: N/A

EIATRACK Comment: 02/27/2009 Introduced. 03/26/2009 Referred to Committee on Environmental Safety and Toxic Materials 04/20/2009 From committee chair, with author's amendments: Amend, and re-refer to Committee on Environmental Safety and Toxic Materials Read second time and amended. 04/21/2009 Re-referred to Committee on Environmental Safety and Toxic Materials 04/29/2009 From committee: Do pass, and re-refer to Committee on Appropriations Re-referred. (Ayes 5. Noes 2.) 05/13/2009 In committee: Set, first hearing. Referred to Appropriations suspense file. 05/28/2009 In committee: Set, second hearing. Held under submission.

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Sponsor: Brownley

Scope: PVC Packaging

Exemptions: N/A

EIATRACK Comment: 02/27/2009 Introduced. 04/02/2009 Referred to Committee on Environmental Safety and Toxic Materials 04/20/2009 From committee chair, with author's amendments: . 04/29/2009 From committee: Do pass. (Ayes 5. Noes 2.) 06/01/2009 Read third time, amended 06/03/2009 Read third time, passed, and to Senate. (Ayes 42. Noes 32. Page 2055.) 06/04/2009 In Senate. Read first time. To Committee on Rules for assignment. 06/18/2009 Referred to Committee on Environmental Quality 07/01/2009 From committee chair, with author's amendments: Amend, and re-refer to committee. 07/07/2009 From committee: Do pass. (July 6). 08/20/2009 To inactive file on motion of Senator Simitian. 09/04/2009 From inactive file. To second reading. Read second time and amended. 09/11/2009 From committee: Be placed on second reading file pursuant to Senate Rule 28.8. Read second time. To third reading. To inactive file on motion of Senator Simitian. 10/14/2009 From inactive file. To second reading. 10/28/2009 Read second time. To third reading.

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Sponsor: Saldana (D)

Scope: Video display devices as defined in SB 20/50; All EU RoHS products

Exemptions: None included

EIATRACK Comment: 01/22/2009 Read first time. 03/09/2009 Referred to Committees on Natural Resources and Judiciary 04/22/2009 From committee: Do pass, and re-refer to Committee on Judiciary Re-referred. (Ayes 5. Noes 2.) (April 21). 05/04/2009 From committee: Amend, do pass as amended, and re-refer to Committee on Appropriations (Ayes 7. Noes 3.) 06/03/2009 Read third time, passed, and to Senate. (Ayes 42. Noes 32. Page 2058.) 06/04/2009 In Senate. Read first time. To Committee on Rules for assignment. 06/18/2009 Referred to Committee on Environmental Quality 08/18/2009 From committee: Do pass. (August 17). 09/03/2009 Read third time, passed, and to Assembly. 09/08/2009 In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 10 pursuant to Assembly Rule 77. 09/09/2009 Re-referred to Committee on Environmental Safety and Toxic Materials pursuant to Assembly Rule 77.2. Action rescinded whereby the bill was re-referred to Committee on Environmental Safety and Toxic Materials pursuant to Assembly Rule 77.2. Assembly Rule 77 suspended. Senate amendments concurred in. To enrollment. 09/28/2009 Enrolled and to the Governor at 1 p.m. 10/11/2009 Vetoed by Governor 10/26/2009 Consideration of Governor's veto pending. 01/14/2010 Consideration of Governor's veto stricken from file.

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Sponsor: Chesbro

Scope: Will require CIWMB to create scope via rulemaking

Exemptions: N/A

EIATRACK Comment: 02/12/2009 Read first time. 03/09/2009 Referred to Committee on Natural Resources 04/23/2009 Read second time and amended. 04/27/2009 Re-referred to Committee on Appropriations 05/06/2009 In committee: Set, first hearing. Referred to Appropriations suspense file. 10/26/2009 Re-referred to Committee on Natural Resources by unanimous consent.

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Sponsor: Jeff Denham

Scope: Would eliminate CIWMB and wrap duties into other agencies

Exemptions: N/A

EIATRACK Comment: 01/07/2009 Introduced. Read first time. To Committee on Rules for assignment. 01/29/2009 To Committee on Environmental Quality 03/27/2009 Set for hearing April 27. 04/13/2009 From committee with author's amendments. Read second time. Amended. Re-referred to Committee on Environmental Quality 04/27/2009 Set, first hearing. Failed passage in committee. (Ayes 2. Noes 5. Page 677.) Reconsideration granted.

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Sponsor: DeSaulnier

Scope: PVC Packaging

Exemptions: N/A

EIATRACK Comment: 02/27/2009 Introduced. To Committee on Rules for assignment. 02/28/2009 From print. May be acted upon on or after March 30. 03/02/2009 Read first time. 03/19/2009 To Committee on Rules 04/02/2009 From committee with author's amendments. Read second time. Amended. Re-referred to Committee on Rules 04/13/2009 Re-referred to Committee on Environmental Quality

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Sponsor: DeSaulnier

Companion Legislation: Packaging

Scope: PVC Packaging

Exemptions: N/A

EIATRACK Comment: 02/27/2009 Introduced. To Committee on Rules for assignment.
02/28/2009 From print. May be acted upon on or after March 30.
03/02/2009 Read first time.
03/19/2009 To Committee on Rules
04/02/2009 From committee with author's amendments. Read second time. Amended. Re-referred to Committee on Rules
04/13/2009 Re-referred to Committee on Environmental Quality
02/01/2010 Returned to Secretary of Senate pursuant to Joint Rule 56.