Bill Text: CA AB2787 | 2017-2018 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Long duration bulk energy storage: procurement.

Spectrum: Moderate Partisan Bill (Democrat 10-1-1)

Status: (Engrossed - Dead) 2018-08-31 - Ordered to inactive file at the request of Senator Hueso. [AB2787 Detail]

Download: California-2017-AB2787-Introduced.html


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2787


Introduced by Assembly Member Quirk

February 16, 2018


An act to add Article 13.2 (commencing Section 25250.40) to Chapter 6.5 of Division 20 of the Health and Safety Code, relating to lead.


LEGISLATIVE COUNSEL'S DIGEST


AB 2787, as introduced, Quirk. Lead fishing weights and sinkers.
Existing law requires the Department of Toxic Substances Control to adopt regulations that establish a process for evaluating chemicals of concern in consumer products, and their potential alternatives, to determine how to best limit exposure to or reduce the level of hazard posed by a chemical of concern. Existing law requires that these regulations establish a process that includes an evaluation of the availability of potential alternatives and potential hazards posed by those alternatives and an evaluation of critical exposure pathways. Existing law requires that these regulations specify the range of regulatory responses that the department is authorized to take following the completion of the alternatives analysis.
Existing hazardous waste control laws regulate the disposal of, among other things, discarded appliances, lead acid batteries, small household batteries, lead wheel weights, and household hazardous waste. Existing law prohibits any person from managing any hazardous waste, except as provided in the hazardous waste control laws and regulations. A violation of the hazardous waste control laws is a crime.
This bill would, as part of the hazardous waste control laws, prohibit a person from manufacturing, selling, or purchasing a fishing weight or sinker in California that has no cross section greater than or equal to two centimeters in length, is under 50 grams in mass, and contains more than 0.1% lead by weight. The bill would provide, if the Department of Toxic Substances Control identifies an alternative to lead used in fishing weights or sinkers as a chemical of concern pursuant to a specified law, that the alternative remains subject to the evaluation process specified in that law. Because the bill would create a new crime, it 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Article 13.2 (commencing with Section 25250.40) is added to Chapter 6.5 of Division 20 of the Health and Safety Code, to read:
Article  13.2. Lead Fishing Weights and Sinkers

25250.40.
 (a) A person shall not manufacture, sell, or purchase a fishing weight or sinker in California that has no cross section greater than or equal to two centimeters in length, is under 50 grams in mass, and contains more than 0.1 percent lead by weight.
(b) If the department identifies an alternative to lead used in fishing weights or sinkers as a chemical of concern pursuant to Section 25252, that alternative to lead shall remain subject to the evaluation process imposed pursuant to Section 25253 to determine how to best limit exposure or to reduce the level of hazard posed by the alternative.
(c) Nothing in this section shall be construed to restrict the authority of the department pursuant to Sections 25252 and 25253 relating to a chemical or chemical ingredient contained in fishing weights or sinkers, including, but not limited to, an alternative to lead.

SEC. 2.

 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.
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