BILL NUMBER: AB 1026	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Quirk

                        FEBRUARY 22, 2013

   An act to amend Section 25249.8 of the Health and Safety Code,
relating to toxic chemicals.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 25249.8 of the Health and Safety Code is
amended to read:
   25249.8.   List Of Chemicals Known to Cause Cancer Or
Reproductive Toxicity. 
   (a) On or before March 1, 1987, the Governor shall cause to be
published a list of those chemicals known to the state to cause
cancer or reproductive toxicity within the meaning of this chapter,
and  he   the Governor  shall cause
 such   the  list to be revised and
republished in light of additional knowledge at least once per year
thereafter.  Such   The  list shall include
at a minimum those substances identified by reference in 
paragraph (1) of subdivision (b) of Section 6382 of the  Labor
Code  Section 6382(b)(1)  and those substances
identified additionally by reference in  subdivision (d) of
Section 6382 of the  Labor Code  Section 6382(d)
 .
   (b) A chemical is known to the state to cause cancer or
reproductive toxicity within the meaning of this chapter if in the
opinion of the state's qualified experts it has been clearly shown
through scientifically valid testing according to generally accepted
principles to cause cancer or reproductive toxicity, or if a body
considered to be authoritative by  such   those
 experts has formally identified it as causing cancer or
reproductive toxicity, or if an agency of the state or federal
government has formally required it to be labeled or identified as
causing cancer or reproductive toxicity.
   (c) On or before January 1, 1989, and at least once per year
thereafter, the Governor shall cause to be published a separate list
of those chemicals that at the time of publication are required by
state or federal law to have been tested for potential to cause
cancer or reproductive toxicity but that the state's qualified
experts have not found to have been adequately tested as required.
   (d) The Governor shall identify and consult with the state's
qualified experts as necessary to carry out  his 
 the Governor's  duties under this section.
   (e) In carrying out the duties of the Governor under this section,
the Governor and  his   the Governor's 
designates shall not be considered to be adopting or amending a
regulation within the meaning of the Administrative Procedure Act
 ,  as defined in  Section 11370 of the  Government
Code  Section 11370  .