Bill Text: CA SB502 | 2021-2022 | Regular Session | Amended
Bill Title: Hazardous materials: green chemistry: consumer products.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-09-28 - Chaptered by Secretary of State. Chapter 701, Statutes of 2022. [SB502 Detail]
Download: California-2021-SB502-Amended.html
Amended
IN
Senate
March 03, 2021 |
Introduced by Senator Allen |
February 17, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law, as part of the hazardous waste control laws, requires a person wishing to operate as a certified appliance recycler to apply to obtain or renew certification from the Department of Toxic Substances Control. Existing law requires the department to review the application and, if the application is complete and meets specified requirements, to issue a numbered certificate to the applicant. Existing law requires the department, upon issuance of a certificate, to transmit the application and certification to the certified unified program agency in whose jurisdiction the person is located. Existing law requires the certified unified program agency to inspect, as soon as is practicable, the certified appliance recycling facility, as specified.
This bill would delete the requirement that the inspection be conducted as soon as is practicable
and would require a certified unified program agency, following an inspection of a certified appliance recycling facility, to transmit the results of the inspection to the department. By imposing a new duty on certified unified program agencies, the bill would impose a state-mandated local program. The bill would authorize the department to take any authorized enforcement action based on the results of the inspection and any other pertinent information. The bill would also make nonsubstantive corrections.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
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(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)
SEC. 2.
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 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:SEC. 3.
Section 25253 of the Health and Safety Code is amended to read:25253.
(a) (1) On or before January 1, 2011, 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.SEC. 4.
Section 25253.6 is added to the Health and Safety Code, to read:25253.6.
The Legislature hereby declares that it is the policy goal of the state to ensure the safety of consumer products sold in California through timely administrative and legislative action on consumer products and chemicals of concern in those products, particularly those products that may have disproportionate impacts on sensitive populations.SEC. 5.
Section 25253.7 is added to the Health and Safety Code, to read:25253.7.
(a) (1) The department may issue a formal request for information from product manufacturers. The request shall be accompanied by a brief statement on why the department is requesting the information. A product manufacturer shall provide to the department data and information on the ingredients and use of a consumer product upon the department’s request within the time specified in paragraph (4). The department’s request may include, but is not limited to, all of the following:SEC. 6.
Section 25253.9 is added to the Health and Safety Code, to read:25253.9.
Subject to an appropriation by the Legislature for purposes of this section, the department shall include in each Priority Product Work Plan, commencing with the 2024–26 Priority Product Work Plan, in addition to any other information that the department is required to include pursuant to Section 69503.4 of Title 22 of the California Code of Regulations, or any successor regulation, all of the following information:SEC. 7.
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.(a)A person wishing to operate as a certified appliance recycler shall submit an initial or a renewal application to the department and obtain or renew certification from the department pursuant to this section. The department shall make available on its Internet Web
site an application for certification as a certified appliance recycler that requires all of the following:
(1)The business name under which the appliance recycler operates, the telephone number, the physical address and mailing address, if different, and the business owner’s name, address, and telephone number.
(2)A hazardous waste generator identification number issued by the department pursuant to this chapter.
(3)A statement indicating that the applicant has either filed an application for a stormwater permit or is not required to obtain a stormwater permit.
(4)A statement indicating that the applicant has either filed a hazardous materials business plan or is not required to file the plan.
(5)The tax identification number assigned by the Franchise Tax Board.
(6)A copy of a business license and any conditional use permits issued by the appropriate city or county.
(7)A description of the ability of the applicant to properly remove and manage all materials that require special handling, including, but not limited to, a technical description of how each material requiring special handling will be removed and a description of how each material requiring special handling will be managed by the applicant consistent with applicable laws.
(8)Any other information that the department may determine to be necessary to carry out this article.
(b)A person wishing to operate as a certified appliance recycler shall submit to the
department, under penalty of perjury, the information required pursuant to subdivision (a). The department shall review the application for completeness and, upon determining that the application is complete and meets the requirements of this section, shall issue a numbered certificate to the applicant. The department shall notify an applicant whose application fails to meet the requirements for certification of the reason why the department denied the certification. The department may revoke or suspend a certification issued pursuant to this section, in accordance with the procedures specified in Sections 25186.1 and 25186.2, for any of the grounds specified in Section 25186.
(c)The certificate issued by the department shall include the issuance date and the expiration date, which shall be three years after the issuance date. A person whose certification has expired, and who has not applied for and obtained a new current certification, is no
longer a certified appliance recycler and may no longer operate as a certified appliance recycler.
(d)Upon issuance of a certificate, the department shall transmit the application and certification of the certified appliance recycler to the certified unified program agency in whose jurisdiction the person is
located. The certified unified program agency shall inspect the certified appliance recycling facility to determine whether the recycler is capable of properly removing and managing materials that require special handling from major appliances. In making the determination, the certified unified program agency shall consider various factors, including, but not limited to, the working condition of equipment used to remove the materials, the technical ability of employees of the business to operate the equipment proficiently, and the facility’s compliance with existing applicable laws. Following the inspection, the certified unified program agency shall transmit the results of the inspection to
the department. The department may take any enforcement action authorized pursuant to this chapter based on the results of the inspection and any other pertinent information.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.