Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2674

Introduced by Assembly Member begin delete Williams end delete begin insert Skinner end insert

February 21, 2014

begin delete An act to amend Section 401.3 of the Revenue and Taxation Code, relating to taxation. end delete begin insert An act to add Section 144.9 to the Labor Code, relating to occupational safety and health standards. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2674, as amended, begin delete Williams end delete   begin insert Skinner end insert . begin delete Property taxation: assessment: lien date. end delete begin insert Occupational safety and health standards: hazardous disinfectants. end insert

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Under existing law, the Occupational Safety and Health Standards Board within the Department of Industrial Relations promulgates occupational safety and health standards for the state, including standards dealing with toxic materials and harmful physical agents. A violation of these standards and regulations is a crime.

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This bill would require the board to adopt standards to protect health care personnel and patients from the effects of toxic disinfectants, as defined. The bill would require the board, in adopting these standards, to consider current scientific evidence and recommendations adopted by the National Institute for Occupational Safety and Health.

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By creating a new crime, this bill would impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Existing property tax law requires the county assessor to assess all property subject to general property taxation on the lien date, as provided.

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This bill would make a technical, nonsubstantive change to that provision.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

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begin insert SECTION 1. end insert   

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The Legislature finds and declares the following:

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(a) Health care personnel who work with or near hazardous
disinfectants in health care settings may be exposed to hazardous
agents in the air, on work surfaces, clothing, medical equipment,
and in contact with patients.

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(b) According to the National Institute for Occupational Safety
and Health (NIOSH), pregnant nurses who were exposed to toxic
disinfectants in the workplace experienced a miscarriage rate that
was double the rate of miscarriages among nurses not similarly
exposed.

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(c) It is in the best interests of the state that the Occupational
Safety and Health Standards Board study the health effects of toxic
disinfectants and adopt standards to protect health care personnel
from hazardous exposure to these disinfectants.

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begin insert SEC. 2. end insert   

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begin insert Section 144.9 is added to the end insert begin insert Labor Code end insert begin insert , to read: end insert

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begin insert 144.9. end insert   

(a) As used in this section, the following definitions
shall apply:

(1) “Disinfectant” means a chemical agent, regulated by the
federal Environmental Protection Agency, that eliminates
pathogens on inanimate objects.

(2) “NIOSH” means the National Institute for Occupational
Safety and Health of the federal Centers for Disease Control and
Prevention.


(b) The board shall adopt an occupational safety and health
standard to protect patients and health care personnel from the
toxic effects of disinfectants regardless of the setting. In developing
the standard, the board shall consider input from hospitals,
practicing physicians from impacted specialties, including
epidemiology, organizations representing health care personnel,
including registered nurses, custodians, patients, and other
stakeholders, and shall determine a reasonable time for facilities
to implement new requirements imposed by the adopted standard.
The standard, to the extent feasible, shall consider the most recent
scientific evidence available and shall incorporate applicable
updates and changes to the NIOSH guidelines.

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begin insert SEC. 3. end insert   

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No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

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SECTION 1.  

Section 401.3 of the Revenue and Taxation Code
is amended to read:

401.3.  

The assessor shall assess all property subject to general
property taxation on the lien date as provided in Articles XIII and
XIII A of the California Constitution and any legislative
authorization thereunder.

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