California Legislature—2013–14 Regular Session

Assembly Joint ResolutionNo. 30


Introduced by Assembly Member Stone

(Coauthors: Assembly Members Ammiano, Atkins, Fong, Rendon, and Williams)

(Coauthor: Senator Pavley)

August 6, 2013


Assembly Joint Resolution No. 30—Relative to the federal Chemical Safety Improvement Act.

LEGISLATIVE COUNSEL’S DIGEST

AJR 30, as introduced, Stone. Federal Chemical Safety Improvement Act.

This measure would memorialize the Congress and the President of the United States to respect the rights of states to protect the health of their citizens, including children and pregnant women, and to not enact the federal Chemical Safety Improvement Act in its current form containing provisions that provide for the preemption of a state’s authority to protect the public from toxic chemicals.

Fiscal committee: no.

P1    1WHEREAS, California has historically acted in advance of the
2federal government to protect its citizens, including vulnerable
3subpopulations such as children and pregnant women, against the
4harms of exposure to toxic substances in consumer products
5through strong environmental laws and regulations, which have
6also driven innovation in the development of safer products; and

7WHEREAS, California voters overwhelmingly approved
8Proposition 65, which added the Safe Drinking Water and Toxic
P2    1Enforcement Act of 1986 (Chapter 6.6 (commencing with Section
225249.5) of Division 20 of the Health and Safety Code), to decrease
3California’s exposure to toxic substances known to cause cancer,
4birth defects, or other reproductive harm by requiring labeling of
5consumer products containing these toxic substances; and

6WHEREAS, The Legislature enacted Article 14 (commencing
7with Section 25251) of Chapter 6.5 of Division 20 of the Health
8and Safety Code, which is otherwise known as the Green Chemistry
9program, in 2008, to identify and prioritize chemicals of concern
10and evaluate safer alternatives to toxic chemicals through a
11science-based approach; and

12WHEREAS, The State Air Resources Board adopted regulations,
13beginning in 1991 and continuing as recently as 2013 (see, for
14example, Section 94509 of Title 17 of the California Code of
15Regulations), to reduce the volatile organic compounds emissions
16from consumer products because these compounds produce ozone
17and particulate matter that exacerbates respiratory diseases such
18as asthma; and

19WHEREAS, The current version of the federal Chemical Safety
20Improvement Act (Sen. No. 1009) has broad preemption provisions
21that prevent states from acting to address potential risks of toxic
22substances and from exercising state enforcement powers that put
23at risk several California programs that protect public health,
24including those listed above, among others; now, therefore, be it

25Resolved by the Assembly and the Senate of the State of
26California, jointly,
That the Legislature memorializes the Congress
27and the President of the United States to respect the rights of states
28to protect the health of their citizens, including children and
29pregnant women, and to not enact the federal Chemical Safety
30Improvement Act (Sen. No. 1009) in its current form containing
31provisions that provide for the preemption of a state’s authority to
32protect the public, including from toxic chemicals; and be it further

33Resolved, That the Secretary of the Senate transmit copies of
34this resolution to the President and Vice President of the United
35States, to the Speaker of the House of Representatives, to the
36Majority Leader of the Senate, to the authors of Senate Bill No.
371009, to each Senator and Representative from California in the
P3    1Congress of the United States, and to the author for appropriate
2distribution.



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