Section 25252.5 Of Article 14. Green Chemistry From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 14.
25252.5
. (a) Except as provided in subdivision (f), the department,
in adopting the regulations pursuant to Sections 25252 and 25253,
shall prepare a multimedia life cycle evaluation conducted by
affected agencies and coordinated by the department, and shall submit
the regulations and the multimedia life cycle evaluation to the
council for review.
(b) The multimedia evaluation shall be based on the best available
scientific data, written comments submitted by interested persons,
and information collected by the department in preparation for
adopting the regulations, and shall address, but is not limited to,
the impacts associated with all the following:
(1) Emissions of air pollutants, including ozone forming
compounds, particulate matter, toxic air contaminants, and greenhouse
gases.
(2) Contamination of surface water, groundwater, and soil.
(3) Disposal or use of the byproducts and waste materials.
(4) Worker safety and impacts to public health.
(5) Other anticipated impacts to the environment.
(c) The council shall complete its review of the multimedia
evaluation within 90 calendar days following notice from the
department that it intends to adopt regulations. If the council
determines that the proposed regulations will cause a significant
adverse impact on the public health or the environment, or that
alternatives exist that would be less adverse, the council shall
recommend alternative measures that the department or other state
agencies may take to reduce the adverse impact on public health or
the environment. The council shall make all information relating to
its review available to the public.
(d) Within 60 days of receiving notification from the council of a
determination of significant adverse impact, the department shall
adopt revisions to the proposed regulation to avoid or reduce the
adverse impact, or the affected agencies shall take appropriate
action that will, to the extent feasible, mitigate the adverse impact
so that, on balance, there is no significant adverse impact on
public health or the environment.
(e) In coordinating a multimedia evaluation pursuant to
subdivision (a), the department shall consult with other boards and
departments within the California Environmental Protection Agency,
the State Department of Public Health, the State and Consumer
Services Agency, the Department of Homeland Security, the Department
of Industrial Relations, and other state agencies with responsibility
for, or expertise regarding, impacts that could result from the
production, use, or disposal of consumer products and the ingredients
they may contain.
(f) Notwithstanding subdivision (a), the department may adopt
regulations pursuant to Sections 25252 and 25253 without subjecting
the proposed regulation to a multimedia evaluation if the council,
following an initial evaluation of the proposed regulation,
conclusively determines that the regulation will not have any
significant adverse impact on public health or the environment.
(g) For the purposes of this section, "multimedia life cycle
evaluation" means the identification and evaluation of a significant
adverse impact on public health or the environment, including air,
water, or soil, that may result from the production, use, or disposal
of a consumer product or consumer product ingredient.