AB 1026, as introduced, Quirk. Toxic chemicals: listing.
The existing Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) prohibits any person, in the course of doing business, from knowingly and intentionally exposing any individual to a chemical known to the state to cause cancer or reproductive toxicity without giving a specified warning, or from discharging or releasing such a chemical into any source of drinking water, except as specified. Proposition 65 requires the Governor to publish a list of those chemicals on or before March 1, 1987, that includes, at a minimum, substances identified as hazardous for the purposes of occupational safety and health laws and to revise the list annually.
This bill would make technical, nonsubstantive changes to the above provision.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 25249.8 of the Health and Safety Code
2 is amended to read:
List Of Chemicals Known to Cause Cancer Or
2Reproductive Toxicity.
3(a) On or before March 1, 1987, the Governor shall cause to be
4published a list of those chemicals known to the state to cause
5cancer or reproductive toxicity within the meaning of this chapter,
6andbegin delete heend deletebegin insert the Governorend insert shall causebegin delete suchend deletebegin insert
theend insert list to be revised and
7republished in light of additional knowledge at least once per year
8thereafter.begin delete Suchend deletebegin insert Theend insert list shall include at a minimum those
9substances identified by reference inbegin insert paragraph (1) of subdivision
10(b) of Section 6382 of theend insert Labor Codebegin delete Section 6382(b)(1)end delete and those
11substances identified additionally by reference inbegin insert subdivision (d)
12of Section 6382 of theend insert
Labor Codebegin delete Section 6382(d)end delete.
13(b) A chemical is known to the state to cause cancer or
14reproductive toxicity within the meaning of this chapter if in the
15opinion of the state’s qualified experts it has been clearly shown
16through scientifically valid testing according to generally accepted
17principles to cause cancer or reproductive toxicity, or if a body
18considered to be authoritative bybegin delete suchend deletebegin insert thoseend insert experts has formally
19identified it as causing cancer or reproductive toxicity, or if an
20agency of the state or federal government has formally required it
21to be labeled or identified as causing cancer or reproductive
22toxicity.
23(c) On or before January 1, 1989, and at least once per year
24thereafter, the Governor shall cause to be published a separate list
25of those chemicals that at the time of publication are required by
26state or federal law to have been tested for potential to cause cancer
27or reproductive toxicity but that the state’s qualified experts have
28not found to have been adequately tested as required.
29(d) The Governor shall identify and consult with the state’s
30qualified experts as necessary to carry outbegin delete hisend deletebegin insert the Governor’send insert duties
31under this section.
32(e) In carrying out the duties of the Governor under this section,
33the Governor andbegin delete hisend deletebegin insert
the Governor’send insert designates shall not be
34considered to be adopting or amending a regulation within the
35meaning of the Administrative Procedure Actbegin insert,end insert as defined inbegin insert Section
3611370 of theend insert Government Codebegin delete Section 11370end delete.
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