BILL ANALYSIS                                                                                                                                                                                                    



                                                                  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