Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1026

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 amended, Quirk. Toxic chemicals: listing.

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The

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begin insert (1) end insert begin insert   end insert begin insert The end insert 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 begin delete make technical, nonsubstantive changes to the above provision. end delete begin insert specify that the substances included in the list that are identified as hazardous for purposes of the occupational safety and health laws may only be included if there is sufficient evidence that the referenced substance is known to cause cancer or reproductive toxicity. end insert

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(2) Proposition 65 provides that it may be amended by a statute, passed in each house by a 2⁄3 vote, to further its purposes.

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This bill would find and declare that it furthers the purposes of Proposition 65.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . 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.  

(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 the Governor shall cause the list to be revised and
republished in light of additional knowledge at least once per year
thereafter. 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 and those substances identified
additionally by reference in subdivision (d) of Section 6382 of the
Labor Code begin insert only if there is sufficient evidence that the referenced
substance is known to cause cancer or reproductive toxicity end insert .

(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 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 the Governor’s duties
under this section.

(e) In carrying out the duties of the Governor under this section,
the Governor and 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.

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The Legislature finds and declares that this act furthers
the purposes of the Safe Drinking Water and Toxic Enforcement
Act of 1986 (Chapter 6.6 (commencing with Section 25249.5) of
Division 20 of the Health and Safety Code).

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