Amended in Senate April 9, 2013

Senate BillNo. 193


Introduced by Senator Monning

February 7, 2013


An act to amend Section 6276.12 of the Government Code, and to amend Section 147.2 of the Labor Code, relating to employment.

LEGISLATIVE COUNSEL’S DIGEST

SB 193, as amended, Monning. Hazard evaluation system and information service.

Existing law requires the Department of Industrial Relations, with the State Department of Public Health, to establish a repository of current data on toxic materials and harmful physical agents in use or potentially in use in places of employment in the state. That law requires the repository, among other things, to provide information and collect and evaluate data relating to possible hazards to employees resulting from exposure to toxic materials or harmful physical agents. That law expressly does not require employers to report any information not otherwise required by law.

This billbegin insert, except as specified,end insert would require,begin insert for every product the final destination of which may be a place of employment within the state,end insert upon written request from the repository, chemical manufacturers,begin insert formulators,end insert suppliers, distributors, importers, and their agents to provide to the repository the names and addresses of their customers who have purchased specified chemicals or commercial products containing those chemicals, and certain other information related to those shipments. The bill would deem the names and addresses of customers to be confidential. The bill would also provide that the State Department of Public Health shall be entitled to reimbursement of attorney’s fees and costs incurred in seeking an injunction to enforce this requirement.

The California Public Records Act requires certain public records to be made available for public inspection, and lists records that are exempt from disclosure under the act.

The bill would exempt from public disclosure under the act the names and addresses of customers provided to the repository by chemical manufacturers,begin insert formulators,end insert suppliers, distributors, importers, and their agents, that would be required pursuant tobegin delete this actend deletebegin insert the billend insert, as confidential, but would provide that those names and addresses may be disclosed to officers or employees of the state not affiliated with the repository who are responsible for carrying out the provisions of the Labor Code relating to safety in employmentbegin insert or to specified state agenciesend insert. The bill would also state findings and declarations of the Legislature for limiting the public’s right of access to the names and addresses of those customers.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 6276.12 of the Government Code is
2amended to read:

3

6276.12.  

Conservatee, confidentiality of the conservatee’s
4report, Section 1826, Probate Code.

5Conservatee, estate plan of, confidentiality of, Section 2586,
6Probate Code.

7Conservatee with disability, confidentiality of report, Section
81827.5, Probate Code.

9Conservator, confidentiality of conservator’s birthdate and
10driver’s license number, Section 1834, Probate Code.

11Conservator, supplemental information, confidentiality of,
12Section 1821, Probate Code.

13Conservatorship, court review of, confidentiality of report,
14Section 1851, Probate Code.

15Consumer fraud investigations, access to complaints and
16 investigations, Section 26509.

17Consumption or utilization of mineral materials, disclosure of,
18Section 2207.1, Public Resources Code.

P3    1Contractor, evaluations and contractor responses, confidentiality
2of, Section 10370, Public Contract Code.

3Contractor, license applicants, evidence of financial solvency,
4confidentiality of, Section 7067.5, Business and Professions Code.

5Controlled Substance Law violations, confidential information,
6Section 818.7.

7Controlled substance offenders, confidentiality of registration
8information, Section 11594, Health and Safety Code.

9Cooperative Marketing Association, confidential information
10disclosed to conciliator, Section 54453, Food and Agricultural
11Code.

12Coroner, inquests, subpoena duces tecum, Section 27491.8.

13County aid and relief to indigents, confidentiality of
14investigation, supervision, relief, and rehabilitation records, Section
1517006, Welfare and Institutions Code.

16County alcohol programs, confidential information and records,
17Section 11812, Health and Safety Code.

18County Employees’ Retirement, confidential statements and
19records, Section 31532.

20County mental health system, confidentiality of client
21information, Section 5610, Welfare and Institutions Code.

22County social services, investigation of applicant, confidentiality,
23Section 18491, Welfare and Institutions Code.

24County social services rendered by volunteers, confidentiality
25of records of recipients, Section 10810, Welfare and Institutions
26Code.

27County special commissions, disclosure of health care peer
28review and quality assessment records not required, Section
2914087.58, Welfare and Institutions Code.

30County special commissions, disclosure of records relating to
31the commission’s rates of payment for publicly assisted medical
32care not required, Section 14087.58, Welfare and Institutions Code.

33Court files, access to, restricted for 60 days, Section 1161.2,
34Code of Civil Procedure.

35Court reporters, confidentiality of records and reporters, Section
3668525.

37Court-appointed special advocates, confidentiality of information
38acquired or reviewed, Section 105, Welfare and Institutions Code.

39Crane employers, previous business identities, confidentiality
40of, Section 7383, Labor Code.

P4    1Credit unions, confidentiality of investigation and examination
2reports, Section 14257, Financial Code.

3Credit unions, confidentiality of employee criminal history
4information, Section 14409.2, Financial Code.

5Criminal defendant, indigent, confidentiality of request for funds
6for investigators and experts, Section 987.9, Penal Code.

7Criminal offender record information, access to, Sections 11076
8and 13202, Penal Code.

9Crop reports, confidential, subdivision (e), Section 6254.

10Customer list of chemical manufacturers,begin insert formulators,end insert suppliers,
11distributors, importers, and their agents, confidential, Section 147.2,
12Labor Code.

13Customer list of employment agency, trade secret, Section 16607,
14Business and Professions Code.

15Customer list of telephone answering service, trade secret,
16Section 16606, Business and Professions Code.

17

SEC. 2.  

Section 147.2 of the Labor Code is amended to read:

18

147.2.  

(a) In accordance with Chapter 2 (commencing with
19Section 6350) of Part 1 of Division 5 of this code and Section
20105175 of the Health and Safety Code, the Department of Industrial
21Relations, by interagency agreement with the State Department of
22Public Health, shall establish a repository of current data on toxic
23materials and harmful physical agents in use or potentially in use
24in places of employment in the state.

25(b) The repository shall fulfill all of the following functions:

26(1) Provide reliable information of practical use to employers,
27employees, representatives of employees, and other governmental
28agencies on the possible hazards to employees of exposure to toxic
29materials or harmful physical agents.

30(2) Collect and evaluate toxicological and epidemiological data
31and any other information that may be pertinent to establishing
32harmful effects on health of exposure to toxic materials or harmful
33physical agents. Nothing in this subdivision shall be construed as
34authorizing the repository to require employers, other than chemical
35manufacturers,begin insert formulators,end insert suppliers, distributors, importers, and
36their agents, to report any information not otherwise required by
37law.

38(3) begin deleteUpon end deletebegin insertFor every product the final destination of which may
39be a place of employment within the state, upon end insert
written request
40by the repository, chemical manufacturers,begin insert formulators,end insert suppliers,
P5    1distributors, importers, and their agents shall provide to the
2repository the names and addresses of their customers who have
3purchased certain chemicals, as specified by the repository, or
4commercial products containing those chemicals and information
5related to those shipments, including the quantity and dates of
6shipments, and the proportion of a specified chemical within a
7mixture containing the specified chemical.begin insertThis paragraph shall
8not apply to a retail seller if the sale of the chemical or mixture is
9in the same form, approximate amount, concentration, and manner
10as the chemical or mixture is sold to the general public. The
11following shall apply to this paragraph:end insert

begin insert

12(A) On or after January 1, 2015, the information requested shall
13include current and past customers for not more than a one-year
14period prior to the date the request is received. The information
15shall be provided within a reasonable timeframe as determined
16by the State Department of Public Health, not to exceed 30
17calendar days from the date the request is received. The
18information shall be provided in a format specified by the State
19Department of Public Health but consistent with the responding
20entity’s current data system.

end insert
begin delete

3 21(A)

end delete

22begin insert(B)end insert The names and addresses of customers provided by chemical
23manufacturers,begin insert formulators,end insert suppliers, distributors, importers, and
24their agents pursuant to this paragraph shall be considered
25confidential andbegin insert, except as specified in this subparagraph, end insert exempt
26from public disclosure under the California Public Records Act
27(Chapter 3.5 (commencing with Section 6250) of Division 7 of
28Title 1 of the Government begin delete Code), except that those names and
29addresses may be disclosed to officers or employees of the state
30not affiliated with the repository who are responsible for carrying
31out the purposes of Division 5 (commencing with Section 6300).end delete

32begin insert Code). The department may disclose those names and addresses
33only to officers or employees of the state not affiliated with the
34repository who are responsible for carrying out the purposes of
35Division 5 (commencing with Section 6300) or to the state agencies
36of the state officers specified in paragraphs (5) and (6).end insert

begin delete

12 37(B)

end delete

38begin insert(C)end insert The State Department of Public Health shall be entitled to
39reimbursement of attorney’s fees and costs incurred in seeking an
40injunction to enforce this paragraph.

P6    1(4) Recommend to the Chief of the Division of Occupational
2Safety and Health Administration that an occupational safety and
3health standard be developed whenever it has been determined
4that a substance in use or potentially in use in places of employment
5 is potentially toxic at the concentrations or under the conditions
6used.

7(5) Notify the Secretary of Food and Agriculture of any
8information developed by the repository that is relevant to carrying
9out his or her responsibilities under Chapters 2 (commencing with
10Section 12751) and 3 (commencing with Section 14001) of
11Division 7 of the Food and Agricultural Code.

begin insert

12(6) Notify the Secretary for Environmental Protection of any
13information developed by the repository that is relevant to carrying
14out his or her responsibilities.

end insert

15(c) The Director of Industrial Relations shall appoint an
16begin delete Advisory Committeeend deletebegin insert advisory committeeend insert to the repository. The begin delete17 Advisory Committeeend delete begin insert advisory committee end insert shall consist of four
18representatives from labor, four representatives from management,
19four active practitioners in the occupational health field, and three
20persons knowledgeable in biomedical statistics or information
21storage and retrieval systems. Thebegin delete Advisory Committeeend deletebegin insert advisory
22committeeend insert
shall meet on a regular basis at the request of the
23director. The committee shall be consulted by, and shall advise
24the director at each phase of the structuring and functioning of the
25repository and alert system with regard to, the procedures,
26methodology, validity, and practical utility of collecting,
27evaluating, and disseminating information concerning hazardous
28substances, consistent with the primary goals and objectives of the
29repository.

30(d) Nothing in this section shall be construed to limit the ability
31of the State Department of Public Health to propose occupational
32safety and health standards to the Occupational Safety and Health
33Standards Board.

34(e) Policies and procedures shall be developed to assure, to the
35extent possible, that the repository uses and does not duplicate the
36resources of the federal government and other states.

37(f) On or before December 31 of each year, the Department of
38Industrial Relations shall submit a report to the Legislature
39detailing the implementation and operation of the repository
40including, but not limited to, the amount and source of funds
P7    1allocated and spent on repository activities, the toxic materials and
2harmful physical agents investigated during the past year and
3recommendations made concerning them, actions taken to inform
4interested persons of the possible hazards of exposure to toxic
5materials and harmful physical agents, and any recommendations
6for legislative changes relating to the functions of the repository.

7

SEC. 3.  

The Legislature finds and declares that Section 1 of
8this act, which amends Section 6276.12 of the Government Code,
9imposes a limitation on the public’s right of access to the meetings
10of public bodies or the writings of public officials and agencies
11within the meaning of Section 3 of Article I of the California
12Constitution. Pursuant to that constitutional provision, the
13Legislature makes the following findings to demonstrate the interest
14protected by this limitation and the need for protecting that interest:

15 In order to protect the names and addresses of customers who
16have purchased chemicals from chemical manufacturers,
17begin insert formulators,end insert suppliers, distributors, importers, and their agents, it
18is necessary that lists containing those names and addresses be
19exempt from disclosure under the California Public Records Act
20(Chapter 3.5 (commencing with Section 6250) of Division 7 of
21Title 1 of the Government Code).



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