Section 25253 Of Article 14. Green Chemistry From California Health And Safety Code >> Division 20. >> Chapter 6.5. >> Article 14.
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.
(2) The regulations adopted pursuant to this section shall
establish a process that includes an evaluation of the availability
of potential alternatives and potential hazards posed by those
alternatives, as well as an evaluation of critical exposure pathways.
This process shall include life cycle assessment tools that take
into consideration, but shall not be limited to, all of the
following:
(A) Product function or performance.
(B) Useful life.
(C) Materials and resource consumption.
(D) Water conservation.
(E) Water quality impacts.
(F) Air emissions.
(G) Production, in-use, and transportation energy inputs.
(H) Energy efficiency.
(I) Greenhouse gas emissions.
(J) Waste and end-of-life disposal.
(K) Public health impacts, including potential impacts to
sensitive subpopulations, including infants and children.
(L) Environmental impacts.
(M) Economic impacts.
(b) The regulations adopted pursuant to this section shall specify
the range of regulatory responses that the department may take
following the completion of the alternatives analysis, including, but
not limited to, any of the following actions:
(1) Not requiring any action.
(2) Imposing requirements to provide additional information needed
to assess a chemical of concern and its potential alternatives.
(3) Imposing requirements on the labeling or other type of
consumer product information.
(4) Imposing a restriction on the use of the chemical of concern
in the consumer product.
(5) Prohibiting the use of the chemical of concern in the consumer
product.
(6) Imposing requirements that control access to or limit
exposure to the chemical of concern in the consumer product.
(7) Imposing requirements for the manufacturer to manage the
product at the end of its useful life, including recycling or
responsible disposal of the consumer product.
(8) Imposing a requirement to fund green chemistry challenge
grants where no feasible safer alternative exists.
(9) Any other outcome the department determines accomplishes the
requirements of this article.
(c) The department, in developing the processes and regulations
pursuant to this section, shall ensure that the tools available are
in a form that allows for ease of use and transparency of
application. The department shall also make every feasible effort to
devise simplified and accessible tools that consumer product
manufacturers, consumer product distributors, product retailers, and
consumers can use to make consumer product manufacturing, sales, and
purchase decisions.