BILL NUMBER: SB 757	CHAPTERED
	BILL TEXT

	CHAPTER  614
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  SEPTEMBER 8, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 2, 2009
	AMENDED IN ASSEMBLY  JUNE 23, 2009
	AMENDED IN SENATE  APRIL 30, 2009

INTRODUCED BY   Senator Pavley

                        FEBRUARY 27, 2009

   An act to add Article 10.5.1 (commencing with Section 25215.6) to
Chapter 6.5 of Division 20 of the Health and Safety Code, relating to
lead.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 757, Pavley. Lead wheel weights.
   Under existing law, the Department of Toxic Substances Control is
responsible for administering various programs to control the release
of toxic substances into the soil and groundwater. Existing law
requires, on or before January 1, 2011, the department to adopt
regulations to establish a process to identify and prioritize
chemicals or chemical ingredients in consumer products that may be
considered as being a chemical of concern, as prescribed, and to
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. Existing law also establishes the Hazardous Waste Control
Account to be used as specified by the department, upon
appropriation by the Legislature.
   This bill would prohibit the manufacture, sale, or installation in
California of a wheel weight that contains more than 0.1% lead. The
bill would provide for injunctive relief, as well as civil and
administrative penalties for violation of that provision, as
specified. The bill requires all civil and administrative fines
collected to be deposited in the Hazardous Waste Control Account for
expenditure by the department, upon appropriation by the Legislature,
to implement and enforce the act.
   This bill would also specify that if the department identifies an
alternative to lead contained in wheel weights as a chemical of
concern, then the lead alternative would remain subject to the
evaluation process, as prescribed, to determine how best to limit
exposure or to reduce the level of hazard posed by the lead
alternative.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Article 10.5.1 (commencing with Section 25215.6) is
added to Chapter 6.5 of Division 20 of the Health and Safety Code, to
read:

      Article 10.5.1.  Lead Wheel Weights


   25215.6.  (a) No person shall manufacture, sell, or install a
wheel weight in California that contains more than 0.1 percent lead
by weight.
   (b) If the department identifies an alternative to lead contained
in wheel weights as a chemical of concern pursuant to Section 25252,
then the lead alternative shall remain subject to the evaluation
process imposed pursuant to Section 25253 to determine how best to
limit exposure or to reduce the level of hazard posed by the lead
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 wheel
weights, including, but not limited to, an alternative to lead.
   25215.7.  (a) Any person who violates or threatens to violate the
provisions of this article may be enjoined in any court of competent
jurisdiction.
   (b) Notwithstanding any other law, a person who violates this
article shall not be subject to criminal penalties and shall only be
subject to the administrative or civil penalties specified in
subdivision (c).
   (c) (1) A person who violates this article shall be liable for an
administrative or a civil penalty not to exceed two thousand five
hundred dollars ($2,500) per day for each violation. That
administrative or civil penalty may be assessed and recovered in an
administrative action filed with the Office of Administrative
Hearings or in a civil action brought in any court of competent
jurisdiction.
   (2) In assessing the amount of an administrative or a civil
penalty for a violation of this article, the presiding officer or the
court shall consider all of the following:
   (A) The nature and extent of the violation.
   (B) The number and severity of the violations.
   (C) The economic effect of the penalty on the violator.
   (D) Whether the violator took good faith measures to comply with
this article and the time these measures were taken.
   (E) The willfulness of the violator's misconduct.
   (F) The deterrent effect that the imposition of the penalty would
have on both the violator and the regulated community as a whole.
   (G) Any other factor that justice may require.
   (d) Administrative and civil penalties collected pursuant to this
article shall be deposited in the Hazardous Waste Control Account,
for expenditure by the Department of Toxic Substances Control, upon
appropriation by the Legislature, to implement and enforce this
article.