BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SJR 3|
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THIRD READING
Bill No: SJR 3
Author: Pavley (D)
Amended: As introduced
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 5-0, 5/2/11
AYES: Simitian, Hancock, Kehoe, Lowenthal, Pavley
NO VOTE RECORDED: Strickland, Blakeslee
SUBJECT : Toxic substances: federal law
SOURCE : Author
DIGEST : This resolution urges the President and the
Congress of the United States to enact federal legislation
to modernize the federal Toxic Substances Control Act of
1976 by strengthening chemical management through specified
policy reforms.
ANALYSIS : Existing federal law, pursuant to the Toxic
Substances Control Act (TSCA), states that adequate data
should be developed with respect to the effect of chemical
substances and mixtures on health and the environment and
that the development of such data should be the
responsibility of those who manufacture and those who
process such chemical substances and mixtures.
Existing California law :
1. Requires the manufacturer of a cosmetic product to
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disclose to the Department of Public Health a list of
any ingredient in their product that is a chemical which
has been identified to cause cancer or reproductive
damage, pursuant to the California Safe Cosmetics Act of
2005.
2. Requires the Department of Toxic Substances Control
(DTSC) to adopt regulations to: (a) establish a process
to identify and prioritize chemicals or chemical
ingredients in products that may be considered a
"chemical of concern;"( b) establish a process for
evaluating chemicals of concern in products, and their
potential alternatives in order to determine how best to
limit exposure or to reduce the level of hazard posed by
a chemical of concern, as specified; and (c) establish a
process that includes an evaluation of the availability
of potential alternatives and potential hazards posed by
alternatives, as well as an evaluation of critical
exposure pathways.
3. Requires DTSC to establish a Toxics Information
Clearinghouse for the collection, maintenance, and
distribution of specific chemical hazard traits and
environmental and toxicological end-point data and
requires the Office of Environmental Health Hazard
Assessment to evaluate and specify the hazard traits and
environmental and toxicological end-points and any other
relevant data that are to be included in the
clearinghouse.
This resolution:
1. Urges the United States Congress to enact legislation to
reform the TSCA.
2. Makes various findings about the growing scientific
evidence linking exposure to toxic chemicals to
increasing rates of chronic and fatal diseases including
cancer, learning and development disabilities,
infertility and obesity.
3. Makes various findings about the failings of the current
regulatory structure governed by TSCA.
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Chemical Use in the United States . According to the Senate
Environmental quality Committee analysis, there are
currently more than 80,000 chemicals approved under federal
law for use in the United States. Each day, a total of 42
billion pounds of chemical substances are produced or
imported in the U.S. for commercial and industrial uses.
An additional 1,000 new chemicals are introduced into
commerce each year. Approximately one new chemical comes
to market every 2.6 seconds. Global chemical production is
projected to double every 25 years. The average U.S.
consumer comes into contact with 100 chemicals per day.
The Senate Environmental Quality Committee analysis refers
to various studies done by various U.S. agencies, and U.C.
Berkley covering the impact of chemicals on human health
and the environment and what reforms are needed to manage
chemical safety. (Refer to the Senate Environmental
Quality Committee's analysis for comprehensive background
on these reports).
Other state Legislation . Legislation has been introduced
in ten other states calling on the 112th U.S. Congress to
bring our federal chemicals policy into the 21st century:
Alaska, Delaware,, Georgia, Iowa, Maine, Massachusetts,
Montana, South Dakota, Texas, and Wisconsin.
Federal Legislation . The "Safe Chemicals Act of 2011" was
introduced by Sentors Frank Lautenber (D-NJ), Barbara Boxer
(D-CA), Amy Klobuchar (D-MN), and Charles Schumer (D-NY).
This bill significantly reforms TSCA by requiring safety
testing of all industrial chemicals, and puts the burden on
industry to prove that chemicals are safe in order to get
on or stay on the market.
FISCAL EFFECT : Fiscal Com.: No
SUPPORT : (Verified 5/3/11)
Breast Cancer Fund
Environmental Working Group
OPPOSITION : (Verified 5/3/11)
American Chemistry Council
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California Chamber of Commerce
California Manufacturers and Technology Association
Chemical Industry Council of California
Grocery Manufacturer Association
Industrial Environmental Association
Lumber Association of California and Nevada
Western Plant Health Association
ARGUMENTS IN SUPPORT : According to the author's office,
this resolution urges strong reform of TSCA and demands
that states not be preempted from going further than
federal law if a state chooses to do so. By updating TSCA,
Congress will have the capacity to create the foundation
for a sound and comprehensive chemicals policy that
protects public health and the environment, while restoring
the luster and safety to U.S. goods in the world market.
ARGUMENTS IN OPPOSITION : The opponents state, "As
drafted, SJR 3 attempts to paint a broad and
unsubstantiated view that consumer products and their
chemical ingredients are inherently dangerous. SJR 3 also
attempts to make sweeping generalizations and conclusions
about chemical exposures and diseases that are not grounded
in good science; that current workplace safety standards
are inadequate; and that federal chemical policy is a
failure. SJR 3 is an incomplete view of the current
regulatory system and we do not believe that consumers
should be frightened into believing the products they
purchase are assumed to be unsafe."
DLW:do 5/4/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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