BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 193
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          Date of Hearing:   August 13, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                   SB 193 (Monning) - As Amended:  August 6, 2013 

          Policy Committee:                              JudiciaryVote:6-2
                        EST&M                                 5-2

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:               

           SUMMARY  

          This bill requires chemical manufacturers and suppliers to  
          provide, upon request by the state Hazard Evaluation System and  
          Information Service (HESIS), within the Department of Public  
          Health (CDPH), specified information regarding the purchase by  
          customers of potentially hazardous chemicals as identified by  
          HESIS. Specifically, this bill:

          1)Requires chemical manufacturers, suppliers, distributors,  
            importers and their agents, when requested by HESIS following  
            a determination-in consultation with the Chief of the Division  
            of Environmental and Occupational Disease Control based on new  
            scientific or medical information--that a substance  
            potentially poses a serious health hazard to an employee, to  
            provide HESIS the names and addresses of their customers who  
            have purchased certain chemicals or commercial products  
            containing those chemicals, as specified by HESIS.

          2)Requires the information per (1) to be provided for every  
            product final destination that may be a place of employment in  
            California, and to also include the quantity and dates of  
            shipments and the proportion of a specified chemical within a  
            mixture containing the specified chemical.

          3)Requires, for requests per the above on or after January 1,  
            2015, that the information include current and past customers  
            for not more than one year prior to the date of the request.

          4)States that the above requirements do not apply to a retail  
            seller of the chemical or commercial product sold to the  
            public.








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          5)Stipulates that the information provided to HESIS is exempt  
            from disclosure under the Public Records Act (PRA) and is  
            considered confidential except to the extent its disclosure is  
            not required by any other law or regulation. However, HESIS  
            may disclose the information to the DPH and other specified  
            state entities.

          6)Stipulates the CDPH is entitled to reimbursement of attorney's  
            fees and costs incurred in seeking an injunction to enforce  
            the above requirements.




           FISCAL EFFECT  

          Any costs incurred by the CDPH to seek an injunction against an  
          uncooperative entity will be reimbursed. Any other  
          administrative costs will be absorbable. 

           COMMENTS  

           1)Background  . HESIS, established in 1978, is supported through  
            an interagency agreement between the Department of Industrial  
            Relations, Cal/OSHA, and the CDPH, Occupational Health Branch.  
            HESIS was created to conduct two primary activities: a)  
            providing reliable information about possible health hazards  
            from exposures to toxic materials; and, b) collecting  
            toxicological, epidemiological and other information pertinent  
            to evaluating potential hazards to human health.  HESIS uses  
            scientific, medical and public health expertise to prevent  
            occupational illness and disease.

           2)Purpose  . According to the author, California has confronted a  
            number of difficulties when responding to the release of  
            chemical hazards in recent years. Too often, the public is  
            provided protections only after damaging effects to workers'  
            health have become pervasive.  Finding information concerning  
            new, unregulated chemicals, such as certain solvents, is often  
            very difficult to track when they are used in many different  
            settings.  When it has been able to obtain the necessary  
            information, HESIS has provided early warnings to various  
            industries concerning prospective hazards, such as alerts on  
            chemicals posing reproductive hazards.








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           3)Opponents  include several associations representing  
            manufacturers and distributors of chemicals and chemical-based  
            products. Opponents are seeking amendments to: a) require  
            consultation with the Director of Industrial Relations (DIR)  
            prior to HESIS requesting customer information; b) increase  
            the threshold for triggering customer disclosure, based on the  
            particular use and concentration of the substance in question,  
            the fact that the substance cannot be made safe, and the need  
            for immediate action; and c) clarify that PRA exemptions also  
            extend to state officials that receive customer and product  
            information from HESIS.

           4)In response  , the author argues the amendment increasing the  
            threshold for notification and customer disclosure will unduly  
            increase the bar that HESIS must meet to request information  
            in order to fulfill its statutory mandate. The author notes  
            that, had this bill been in effect since HESIS was established  
            35 years ago, the bill's provisions would have applied in only  
            nine instances over this entire time period. 

           5)Amendments  . The author has agreed to include consultation with  
            the DIR director and to clarify the PRA exemptions. 

             a)   On page 5, line 21, after with add the Director of the  
               Department of Industrial Relations and 

             b)   On page 6, end of line 29, add: Any officer, employee,  
               or agency to whom the information is disclosed shall be  
               subject to the requirements of this subparagraph.

            In addition, there are two technical amendments:

            On page 6, line 3, strike out 2015 and add 2016.

            On page 6, line 40, strike out the and on page 7, line 1  
            strike out repository and insert HESIS.

           6)Prior Legislation  . In 2005, AB 816 (Lieber), a similar bill,  
            was vetoed by Governor Schwarzenegger, who argued that the  
            bill imposed an unreasonable and duplicative reporting  
            requirement on employers. 

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081 









                                                                  SB 193
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