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AB-513 PBDE: prohibition.(2007-2008)

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AB513:v95#DOCUMENT

Amended  IN  Assembly  June 04, 2007
Amended  IN  Assembly  May 14, 2007
Amended  IN  Assembly  May 03, 2007
Amended  IN  Assembly  April 09, 2007

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Assembly Bill
No. 513

Introduced  by  Assembly Member Lieber

February 20, 2007

An act to amend Sections 108921 and 108922 of the Health and Safety Code, relating to hazardous chemicals.


LEGISLATIVE COUNSEL'S DIGEST


AB 513, as amended, Lieber. PBDE: prohibition.
Existing law prohibits a person from manufacturing, processing, as defined, or distributing in commerce a product, or a flame-retarded part of a product, containing more than 1/10 of 1% pentaBDE or octaBDE, except for products containing small quantities of PBDEs that are produced or used for scientific research on the health or environmental effects of PBDEs.
This bill would additionally include decaBDE in this prohibition, on and after January 1, 2011, but only with regard to a an electronic product that is a mattress, mattress product, bedding product, upholstered furniture, drapes, or, which would be defined as a television, computer monitor, or other electronic product, except as specified, that is manufactured on or after January 1, 2011. This prohibition would become inoperative if and when AB 48 is enacted.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 108921 of the Health and Safety Code is amended to read:

108921.
 For purposes of this chapter, the following definitions apply:
(a) “OctaBDE” means octabrominated diphenyl ether or any technical mixture in which octabrominated diphenyl ether is a predominate congener.
(b) “PBDE” means polybrominated diphenyl ether.
(c) “PentaBDE” means pentabrominated diphenyl ether or any technical mixture in which pentabrominated diphenyl ether is a predominate congener.
(d) “Congener” means a specific PBDE molecule.
(e) “DecaBDE” means decabromodiphenyl ether.
(f) “Process” does not include the processing of metallic recyclables containing PBDEs that is conducted in compliance with all applicable federal, state, and local laws.
(g) (1)“Product” means a product manufactured on or after June 1, 2006.

(2)The definition of product in paragraph (1) is applicable only to subdivision (a) of Section 108922.

(3)“Product” means a mattress, mattress product, bedding product, upholstered furniture, drapes, or a television, computer monitor, or other electronic product.

(4)The definition of product in paragraph (3) is applicable only to subdivision (b) of Section 108922.

(h) “Metallic recyclable” has the same meaning as a metallic discard, as defined in Section 42161 of the Public Resources Code.
(i) “Recycle” has the same meaning as defined in Section 40180 of the Public Resources Code.
(j) “Technical mixture” means a PBDE mixture that is sold to a manufacturer. A technical mixture is named for the predominant congener in the mixture, but is not exclusively made up of that congener.

SEC. 2.

 Section 108922 of the Health and Safety Code is amended to read:

108922.
 (a) A person may shall not manufacture, process, or distribute in commerce a product, or a flame-retarded part of a product, containing more than one-tenth of 1 percent of pentaBDE or octaBDE, by mass, except for a product containing a small quantity of PBDEs that is produced or used for scientific research on the health or environmental effects of PBDEs.
(b) (1) On and after January 1, 2011, a person may shall not manufacture, process, or distribute in commerce a an electronic product, or a flame-retarded part of a an electronic product, containing more than one-tenth of 1 percent of decaBDE by mass.

(2)A product containing a small quantity of PBDEs is exempt from this subdivision that is produced or used for scientific research on the health or environmental effects of PBDEs.

(2) An electronic product containing a small quantity of decaBDE, that is produced or used for scientific research on the health or environmental effects of decaBDE, is exempt from this subdivision.
(3) For purposes of this subdivision, “electronic product” means a television, computer monitor, or other electronic equipment, that is manufactured on or after January 1, 2011. “Electronic product” does not include either of the following:
(A) An automobile, automobile component, or automobile replacement part.
(B) A product that is recycled in accordance with all applicable federal, state, and local laws.
(4) This subdivision shall only be operative if Assembly Bill 48 of the 2007–08 Regular Session is not enacted. If Assembly Bill 48 is enacted, this subdivision shall become inoperative on the date Assembly Bill 48 is enacted.