Amended in Assembly August 6, 2013

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 Publicbegin delete Healthend deletebegin insert Health (DPH)end insert, 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. Thatbegin insert repository is known as the Hazard Evaluation System and Information Service (HESIS). Existingend insert law requires thebegin delete repository,end deletebegin insert HESIS,end insert 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.begin delete Thatend deletebegin insert Existingend insert law expressly does not require employers to report any information not otherwise required by law.

This bill, except as specified,begin delete would require, for every product the final destination of which may be a place of employment within the state, upon written request from the repository,end deletebegin insert when there is new scientific or medical information and the Chief of HESIS, in consultation with the Chief of the Division of Environmental and Occupational Disease Control in DPH, makes a specified determination, would requireend insert chemical manufacturers, formulators, suppliers, distributors, importers, and their agents to provide tobegin delete the repositoryend deletebegin insert HESISend insert 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 shipmentsbegin insert, upon written request of HESIS, for every product the final destination of which may be a place of employment in Californiaend insert. The bill would deem the names and addresses of customersbegin insert, the quantities and dates of shipments, and the proportion of a specified chemical within a mixtureend insert to be confidential. The bill would also provide thatbegin delete the State Department of Public Health shallend deletebegin insert DPH wouldend insert 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 customersbegin insert, the quantities and dates of shipments, and the proportion of a specified chemical within a mixtureend insert provided to the repository by chemical manufacturers, formulators, suppliers, distributors, importers, and their agents, that would be required pursuant to the bill, asbegin delete confidentialend deletebegin insert providedend insert, but would provide thatbegin delete those names and addresses may be disclosedend deletebegin insert specifically authorize HESIS to disclose that informationend insert to officers or employees of thebegin insert DPH, to officers or employees of theend insert statebegin delete not affiliated with the repositoryend delete who are responsible for carrying out the provisions of the Labor Code relating to safety in employmentbegin insert,end insert or to specified state agencies. The bill would also state findings and declarations of the Legislature for limiting the public’s right of access to thebegin delete names and addresses of those customersend deletebegin insert informationend insert.

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.

P3    1Conservatee with disability, confidentiality of report, Section
21827.5, Probate Code.

3Conservator, confidentiality of conservator’s birthdate and
4driver’s license number, Section 1834, Probate Code.

5Conservator, supplemental information, confidentiality of,
6Section 1821, Probate Code.

7Conservatorship, court review of, confidentiality of report,
8Section 1851, Probate Code.

9Consumer fraud investigations, access to complaints and
10 investigations, Section 26509.

11Consumption or utilization of mineral materials, disclosure of,
12Section 2207.1, Public Resources Code.

13Contractor, evaluations and contractor responses, confidentiality
14of, Section 10370, Public Contract Code.

15Contractor, license applicants, evidence of financial solvency,
16confidentiality of, Section 7067.5, Business and Professions Code.

17Controlled Substance Law violations, confidential information,
18Section 818.7.

19Controlled substance offenders, confidentiality of registration
20information, Section 11594, Health and Safety Code.

21Cooperative Marketing Association, confidential information
22disclosed to conciliator, Section 54453, Food and Agricultural
23Code.

24Coroner, inquests, subpoena duces tecum, Section 27491.8.

25County aid and relief to indigents, confidentiality of
26investigation, supervision, relief, and rehabilitation records, Section
2717006, Welfare and Institutions Code.

28County alcohol programs, confidential information and records,
29Section 11812, Health and Safety Code.

30County Employees’ Retirement, confidential statements and
31records, Section 31532.

32County mental health system, confidentiality of client
33information, Section 5610, Welfare and Institutions Code.

34County social services, investigation of applicant, confidentiality,
35Section 18491, Welfare and Institutions Code.

36County social services rendered by volunteers, confidentiality
37of records of recipients, Section 10810, Welfare and Institutions
38Code.

P4    1County special commissions, disclosure of health care peer
2review and quality assessment records not required, Section
314087.58, Welfare and Institutions Code.

4County special commissions, disclosure of records relating to
5the commission’s rates of payment for publicly assisted medical
6care not required, Section 14087.58, Welfare and Institutions Code.

7Court files, access to, restricted for 60 days, Section 1161.2,
8Code of Civil Procedure.

9Court reporters, confidentiality of records and reporters, Section
1068525.

11Court-appointed special advocates, confidentiality of information
12acquired or reviewed, Section 105, Welfare and Institutions Code.

13Crane employers, previous business identities, confidentiality
14of, Section 7383, Labor Code.

15Credit unions, confidentiality of investigation and examination
16reports, Section 14257, Financial Code.

17Credit unions, confidentiality of employee criminal history
18information, Section 14409.2, Financial Code.

19Criminal defendant, indigent, confidentiality of request for funds
20for investigators and experts, Section 987.9, Penal Code.

21Criminal offender record information, access to, Sections 11076
22and 13202, Penal Code.

23Crop reports, confidential, subdivision (e), Section 6254.

24Customer list of chemical manufacturers, formulators, suppliers,
25distributors, importers, and their agents,begin insert the quantities and dates
26of shipments, and the proportion of a specified chemical within a
27mixture,end insert
confidential, Section 147.2, Labor Code.

28Customer list of employment agency, trade secret, Section 16607,
29Business and Professions Code.

30Customer list of telephone answering service, trade secret,
31Section 16606, Business and Professions Code.

32

SEC. 2.  

Section 147.2 of the Labor Code is amended to read:

33

147.2.  

(a) begin insertAs used in this section, “Hazard Evaluation System
34and Information Service” or “HESIS” means the repository
35established pursuant to subdivision (b).end insert

36begin insert(b)end insertbegin insertend insertIn accordance with Chapter 2 (commencing with Section
376350) of Part 1 of Division 5 of this code and Section 105175 of
38the Health and Safety Code, the Department of Industrial Relations,
39by interagency agreement with the State Department of Public
40Health, shall establish a repository of current data on toxic
P5    1materials and harmful physical agents in use or potentially in use
2in places of employment in thebegin delete state.end deletebegin insert state, known as the Hazard
3Evaluation System and Information Service, or HESIS.end insert

begin delete

4(b) The repository

end delete

5begin insert(c)end insertbegin insertend insertbegin insertHESISend insert shall fulfill all of the following functions:

6(1) Provide reliable information of practical use to employers,
7employees, representatives of employees, and other governmental
8agencies on the possible hazards to employees of exposure to toxic
9materials or harmful physical agents.

10(2) Collect and evaluate toxicological and epidemiological data
11and any other information that may be pertinent to establishing
12harmful effects on health of exposure to toxic materials or harmful
13physical agents. Nothing in this subdivision shall be construed as
14authorizingbegin delete the repositoryend deletebegin insert HESISend insert to require employers, other than
15 chemical manufacturers, formulators, suppliers, distributors,
16importers, and their agents, to report any information not otherwise
17required by law.

18(3)  begin deleteFor every product the final destination of which may be a
19place of employment within the state, upon written request by the
20repository, end delete
begin insertWhen there is new scientific or medical information
21and the Chief of HESIS, in consultation with the Chief of the
22Division of Environmental and Occupational Disease Control in
23the State Department of Public Health, determines that a substance
24potentially poses a serious new or unrecognized health hazard to
25an employee, including, but not limited to, cancer, reproductive
26or developmental harm, organ system impairment, or death, end insert

27chemical manufacturers, formulators, suppliers, distributors,
28importers, and their agentsbegin insert, as specified in subparagraph (A),end insert shall
29provide tobegin delete the repositoryend deletebegin insert HESISend insert the names and addresses of their
30customers who have purchased certain chemicals, as specified by
31begin delete the repository,end deletebegin insert HESIS,end insert or commercial products containing those
32chemicals and information related to those shipments, including
33thebegin delete quantityend deletebegin insert quantitiesend insert and dates of shipments, and the proportion
34of a specified chemical within a mixture containing the specified
35begin delete chemical.end deletebegin insert chemical, upon written request by HESIS, for every
36product the final destination of which may be a place of
37employment in California. end insert
This paragraph shall not apply to a retail
38seller begin deleteif the sale of the chemical or mixture is in the same form,
39approximate amount, concentration, and manner as the chemical
40or mixture is sold to the generalend delete
begin insert of the substance, whether sold
P6    1individually or as part of a commercial product to theend insert
public. The
2following shall apply to this paragraph:

3(A) On or after January 1, 2015, the information requested shall
4include current and past customers for not more than a one-year
5period prior to the date the request isbegin delete receivedend deletebegin insert issuedend insert. The
6information shall be provided within a reasonablebegin delete timeframe as
7determined by the State Department of Public Health,end delete
begin insert timeframe,end insert
8 not to exceed 30 calendar days from the date the request isbegin delete received.end delete
9begin insert issued.end insert The information shall be provided in a format specified by
10the State Department of Public Health but consistent with the
11responding entity’s current data system.

12(B) begin deleteThe end deletebegin insertUnless, pursuant to other law or regulation the
13following persons, any other person, or any governmental entity
14is required to publicly disclose the following information, the end insert

15names and addresses ofbegin delete customersend deletebegin insert customers, the quantities and
16dates of shipments, and the proportion of a specified chemical
17within a mixtureend insert
provided by chemical manufacturers, formulators,
18suppliers, distributors, importers, and their agents pursuant to this
19paragraph shall be considered confidential and, except as specified
20in this subparagraph, exempt from public disclosure under the
21California Public Records Act (Chapter 3.5 (commencing with
22Section 6250) of Division 7 of Title 1 of the Government Code).
23begin delete The departmentend deletebegin insert HESISend insert may disclosebegin delete those names and addresses
24onlyend delete
begin insert that informationend insert tobegin insert officers or employees of the State
25Department of Public Health, toend insert
officers or employees of the state
26begin delete not affiliated with the repositoryend delete who are responsible for carrying
27out the purposes of Division 5 (commencing with Sectionbegin delete 6300)end delete
28begin insert 6300),end insert or to the state agencies of the state officers specified in
29paragraphs (5) and (6).

30(C) The State Department of Public Health shall be entitled to
31reimbursement of attorney’s fees and costs incurred in seeking an
32injunction to enforce this paragraph.

33(4) Recommend to the Chief of the Division of Occupational
34Safety and Health Administration that an occupational safety and
35health standard be developed whenever it has been determined
36that a substance in use or potentially in use in places of employment
37 is potentially toxic at the concentrations or under the conditions
38used.

39(5) Notify thebegin delete Secretary of Food and Agricultureend deletebegin insert Director of
40Pesticide Regulationend insert
of any information developed by the
P7    1repository that is relevant to carrying out his or her responsibilities
2under Chapters 2 (commencing with Section 12751) and 3
3(commencing with Section 14001) of Division 7 of the Food and
4Agricultural Code.

5(6) Notify the Secretary for Environmental Protection of any
6information developed bybegin delete the repositoryend deletebegin insert HESISend insert that is relevant to
7carrying out his or her responsibilities.

begin delete

15 8(c)

end delete

9begin insert(d)end insert The Director of Industrial Relations shall appoint an advisory
10committee to begin deletethe repositoryend deletebegin insert HESISend insert. The advisory committee shall
11consist of four representatives from labor, four representatives
12from management, four active practitioners in the occupational
13health field, and three persons knowledgeable in biomedical
14statistics or information storage and retrieval systems. The advisory
15committee shall meet on a regular basis at the request of the
16director. The committee shall be consulted by, and shall advise
17the director at each phase of the structuring and functioning of the
18repository and alert system with regard to, the procedures,
19methodology, validity, and practical utility of collecting,
20evaluating, and disseminating information concerning hazardous
21substances, consistent with the primary goals and objectives of the
22repository.

begin delete

30 23(d)

end delete

24begin insert(e)end insert Nothing in this section shall be construed to limit the ability
25of the State Department of Public Health to propose occupational
26safety and health standards to the Occupational Safety and Health
27Standards Board.

begin delete

34 28(e)

end delete

29begin insert(f)end insert Policies and procedures shall be developed to assure, to the
30extent possible, thatbegin delete the repositoryend deletebegin insert HESISend insert uses and does not
31duplicate the resources of the federal government and other states.

begin delete

37 32(f)

end delete

33begin insert(g)end insert On or before December 31 of each year, the Department of
34Industrial Relations shall submit a report to the Legislature
35detailing the implementation and operation ofbegin delete the repositoryend deletebegin insert HESIS end insert
36 including, but not limited to, the amount and source of funds
37allocated and spent on repository activities, the toxic materials and
38harmful physical agents investigated during the past year and
39recommendations made concerning them, actions taken to inform
40interested persons of the possible hazards of exposure to toxic
P8    1materials and harmful physical agents, and any recommendations
2for legislative changes relating to the functions ofbegin delete the repositoryend delete
3begin insert HESISend insert.

4

SEC. 3.  

The Legislature finds and declares that Section 1 of
5this act, which amends Section 6276.12 of the Government Code,
6imposes a limitation on the public’s right of access to the meetings
7of public bodies or the writings of public officials and agencies
8within the meaning of Section 3 of Article I of the California
9Constitution. Pursuant to that constitutional provision, the
10Legislature makes the following findings to demonstrate the interest
11protected by this limitation and the need for protecting that interest:

12 In order to protect the names and addresses of customers who
13have purchased chemicals from chemical manufacturers,
14 formulators, suppliers, distributors, importers, and their agents,
15begin insert the quantities and dates of shipments, and the proportion of a
16specified chemical within a mixture,end insert
it is necessary that lists
17containingbegin delete those names and addressesend deletebegin insert that informationend insert be exempt
18from disclosurebegin insert, as provided in Section 147.2 of the Labor Code,end insert
19 under the California Public Records Act (Chapter 3.5 (commencing
20with Section 6250) of Division 7 of Title 1 of the Government
21Code).



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