BILL ANALYSIS Ó SB 193 Page 1 SENATE THIRD READING SB 193 (Monning) As Amended August 14, 2014 Majority vote SENATE VOTE :21-14 JUDICIARY 6-2 ENVIRONMENTAL SAFETY 5-2 ----------------------------------------------------------------- |Ayes:|Wieckowski, Alejo, Chau, |Ayes:|Alejo, Bloom, Lowenthal, | | |Dickinson, Muratsuchi, | |Stone, Ting | | |Stone | | | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Wagner, Maienschein |Nays:|Dahle, Donnelly | | | | | | ----------------------------------------------------------------- APPROPRIATIONS 12-4 ----------------------------------------------------------------- |Ayes:|Gatto, Bocanegra, | | | | |Bradford, | | | | |Ian Calderon, Campos, | | | | |Eggman, Gomez, Holden, | | | | |Pan, Quirk, | | | | |Ridley-Thomas, Weber | | | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Bigelow, Donnelly, Jones, | | | | |Wagner | | | | | | | | ----------------------------------------------------------------- SUMMARY : Requires businesses involved in the manufacture or distribution of chemicals used in places of employment within this state to provide the Hazard Evaluation System and Information Service (HESIS or "repository") with the names and addresses of their customers, and other information about their shipments within the state, upon request by the repository. Specifically, this bill : 1)Requires, when there is new scientific or medical information and the Chief of HESIS determines that a substance potentially SB 193 Page 2 poses a serious new or unrecognized health hazard to an employee, chemical manufacturers, formulators, suppliers, distributors, importers, and their agents to provide to HESIS, upon request, the names and addresses of their customers who have purchased certain chemicals (or products containing those chemicals) and other information, including the quantity and dates of shipments, and the proportion of a specified chemical within a mixture containing the specified chemical. Specifies that this requirement shall not apply to a retail seller of the substance, whether sold individually or as part of a commercial product of the public. 2)Specifies that, on or after January 1, 2016, the information requested shall include current and past customers for not more than a one-year period prior to the date the request is issued, and requires that the information be provided within a reasonable timeframe, not to exceed 30 calendar days from the date the request is issued. 3)Provides that certain information provided to the repository shall be considered confidential and exempt from public disclosure under the California Public Records Act, unless disclosure of that information is otherwise required by law. However, the Department of Public Health (DPH) may disclose that information to other state officers, as specified. 4)Provides that the DPH shall be entitled to reimbursement of attorney's fees and costs incurred in seeking an injunction to enforce these provisions. EXISTING LAW : 1)Requires the Department of Industrial Relations, by interagency agreement with the DPH, to establish a repository of current data on toxic materials and harmful physical agents in use or potentially in use in workplaces. 2)Requires the DPH to maintain a program, known as HESIS, on occupational health and occupational disease prevention. 3)Requires HESIS to provide reliable information of practical use to employers, employees, representatives of employees, and other governmental agencies on the possible hazards to employees of exposure to toxic materials or harmful physical SB 193 Page 3 agents, and to collect and evaluate toxicological and epidemiological data and other pertinent information, as specified. Recognizes the authority of HESIS, on behalf of DPH, to issue hazard alerts and fact sheets to the public. 4)Governs, under the California Public Records Act, the disclosure of information collected and maintained by public agencies. Provides, generally, that all public records are accessible to the public upon request, unless the record is subject to a specific statutory exemption. FISCAL EFFECT : According to the Assembly Appropriations Committee, any costs incurred by the DPH to seek an injunction against an uncooperative entity will be reimbursed. Any other administrative costs will be absorbable. COMMENTS : According to the author's office, in the absence of a strong federal policy on the use of chemicals in the workplace, California has confronted a number of difficulties when responding to the release of chemical hazards in recent years. Many existing remedies, the author claims, are provided only after damaging effects to workers' health have become pervasive. This bill seeks to address this problem by giving HESIS - a state repository of current data on toxic materials - the tools that it needs to effectively implement its existing legislative mandate to provide early and practical information to employers, employees, and other government agencies. Specifically, this bill will require chemical manufacturers, formulators, suppliers, distributers, importers, and their agents to provide HESIS, upon request, with the following: 1) the names and addresses of their customers who have purchased certain chemicals or commercial products containing those chemicals; 2) information related to shipments to customers, including the quantity and dates of shipments; and 3) the proportion of a specified chemical contained with a mixture containing the specified chemical. This bill would only apply to employers who purchase bulk amounts of chemicals and chemical products for use in the workplace; it would not apply to retailers who sell the product to the general public. This bill specifies that, as of January 1, 2015, the requests shall only include information on past and current customers for the one-year period prior to the date the request is received. The party receiving the request would be required to respond "within SB 193 Page 4 a reasonable time frame," but not to exceed 30 days from the date the request is issued. Finally, this bill provides that certain components of the submitted information - specifically, the names and addresses of customers, the quantities and dates of shipments, and the proportion of a specified chemical within a mixture - shall be considered "confidential" information and exempt from public disclosure under the California Public Records Act, except as specified. Analysis Prepared by : Thomas Clark / JUD. / (916) 319-2334 FN: 0004630