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AB-2787 Lead fishing tackle.(2017-2018)

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Date Published: 04/26/2018 09:00 PM
AB2787:v97#DOCUMENT

Amended  IN  Assembly  April 26, 2018
Amended  IN  Assembly  April 03, 2018

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, and repeal Chapter 7.1 (commencing with Section 1710) of Division 2 of the Fish and Game Code, relating to lead.


LEGISLATIVE COUNSEL'S DIGEST


AB 2787, as amended, Quirk. Lead fishing weights and sinkers. tackle.
Existing law authorizes the Fish and Game Commission, by regulation, to prescribe the manner and means of taking fish, reptiles, and amphibians for noncommercial purposes. Under existing law, the Department of Fish and Wildlife exercises various functions with regard to the taking of fish and wildlife.
This bill would require the department, on or before March 1, 2020, to conduct a study, in consultation with specified entities, on the use of lead fishing tackle, including the impacts of lead fishing tackle on wildlife, rivers, lakes, streams, and potential drinking water sources, and to submit a report on the findings of the study to the Governor and the Legislature, as provided.

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, commencing January 1, 2025, 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 the consumer products chemical evaluation law described above, that the alternative remains subject to the evaluation process for alternatives described above. 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: YESNO  

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


SECTION 1.

 Chapter 7.1 (commencing with Section 1710) is added to Division 2 of the Fish and Game Code, to read:
CHAPTER  7.1. Lead Fishing Tackle

1710.
 (a) On or before March 1, 2020, the department shall do both of the following:
(1) Conduct a study, in consultation with the Department of Toxic Substances Control, the State Water Resources Control Board, and any relevant stakeholders, including, but not limited to, sport fishing groups or associations and public health and environmental health organizations, on the use of lead fishing tackle, including the impacts of lead fishing tackle on wildlife, rivers, lakes, streams, and potential drinking water sources. The department may enter contracts to conduct this study.
(2) Submit a report to the Governor and the Legislature, in compliance with Section 9795 of the Government Code, on the findings of the study conducted pursuant to paragraph (1). The report shall include recommendations for the safe use of lead fishing tackle that protects public human health and the environment, including wildlife, rivers, lakes, streams, and potential drinking water sources.
(b) Pursuant to Section 10231.5 of the Government Code, this chapter is repealed on January 1, 2024.

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:
13.2.Lead Fishing Weights and Sinkers
25250.40.

(a)On and after January 1, 2025, 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.