Bill Text: CA AB543 | 2015-2016 | Regular Session | Amended

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Bill Title: Proposition 65: exposure.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB543 Detail]

Download: California-2015-AB543-Amended.html

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BILL NUMBER: AB 543	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 6, 2015

INTRODUCED BY   Assembly Member Quirk
    (   Coauthor:   Assembly Member  
Brown   ) 

                        FEBRUARY 23, 2015

   An act to amend Sections 25249.6 and 25249.11 of the Health and
Safety Code, relating to toxic substances.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 543, as amended, Quirk. Proposition 65: exposure.
   (1) The Safe Drinking Water and Toxic Enforcement Act of 1986, an
initiative measure approved by the voters as Proposition 65 at the
November 6, 1986, statewide general election, prohibits any person,
in the course of doing business, from knowingly and intentionally
exposing any individual to a chemical known to the state to cause
cancer or reproductive toxicity without giving a specified warning.
   This bill would provide that a person, in the course of doing
business, does not knowingly and intentionally expose an individual
to a chemical known to the state to cause cancer or reproductive
toxicity if there exists an exposure assessment that meets 3
specified requirements.
   (2) Proposition 65 provides that it may be amended by a statute,
passed by a 2/3 vote of each house of the Legislature, to further its
purposes.
   This bill would find and declare that it furthers the purposes of
Proposition 65.
   Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25249.6 of the Health and Safety Code is
amended to read:
   25249.6.  Required Warning Before Exposure To Chemicals Known to
Cause Cancer Or Reproductive Toxicity.
   (a) No person in the course of doing business shall knowingly and
intentionally expose any individual to a chemical known to the state
to cause cancer or reproductive toxicity without first giving clear
and reasonable warning to such individual, except as provided in
Section 25249.10.
   (b) A person, in the course of doing business, does not knowingly
and intentionally expose an individual to a chemical known to the
state to cause cancer or reproductive toxicity if there is an
exposure assessment that meets all of the following conditions:
   (1) It has been conducted by, or under the direction of, a
qualified scientist in accordance with the implementing regulations
adopted by the Office of Environmental Health Hazard Assessment that
are relevant to the alleged exposure.
   (2) It evaluates the same chemical in or from the relevant source
that is the subject of the alleged exposure and concludes that the
person in the course of doing business is not exposing an individual
to the chemical at a level that requires a  warning or,
alternatively, that no specification of the particular chemical is
required for a provided warning.  warning. 
   (3) It is documented, in writing, and has been approved and signed
by the qualified scientist before the person in the course of doing
business receives a written notice of an alleged exposure pursuant to
Section 25249.7.
  SEC. 2.  Section 25249.11 of the Health and Safety Code is amended
to read:
   25249.11.  Definitions.
   For purposes of this chapter:
   (a) "Person" means an individual, trust, firm, joint stock
company, corporation, company, partnership, limited liability
company, and association.
   (b) "Person in the course of doing business" does not include any
person employing fewer than 10 employees in his or her business; any
city, county, or district or any department or agency thereof or the
state or any department or agency thereof or the federal government
or any department or agency thereof; or any entity in its operation
of a public water system as defined in Section 116275.
   (c) "Qualified scientist" means a person who meets all of the
following requirements:
   (1) He or she has completed a masters, doctoral, or medical doctor
degree and has experience in an area specializing in any of the
following:
   (A) Epidemiology.
   (B) Oncology.
   (C) Pathology.
   (D) Medicine.
   (E) Public health. 
   (F) Statistics.  
    (G) 
    (F)  Biology. 
   (H) 
    (G)  Toxicology. 
   (I) 
    (H)  Developmental toxicology. 
   (J) 
    (I)  Reproductive toxicology. 
   (K) 
    (J)  Teratology. 
   (L) 
    (K)  Environmental chemistry. 
   (M) 
    (L)  Fields related to subparagraphs (A) to 
(L),   (K),  inclusive.
   (2) He or she demonstrates ongoing expertise in the conduct of
work relevant to the evaluation of exposure to chemicals, including
carcinogenic chemicals or chemicals that pose reproductive or
developmental hazards, using generally accepted and scientifically
valid principles and methodologies.
   (d) "Significant amount" means any detectable amount except an
amount which would meet the exemption test in subdivision (c) of
Section 25249.10 if an individual were exposed to such an amount in
drinking water.
   (e) "Source of drinking water" means either a present source of
drinking water or water which is identified or designated in a water
quality control plan adopted by a regional board as being suitable
for domestic or municipal uses.
   (f) "Threaten to violate" means to create a condition in which
there is a substantial probability that a violation will occur.
   (g) "Warning" within the meaning of Section 25249.6 need not be
provided separately to each exposed individual and may be provided by
general methods such as labels on consumer products, inclusion of
notices in mailings to water customers, posting of notices, placing
notices in public news media, and the like, provided that the warning
accomplished is clear and reasonable. In order to minimize the
burden on retail sellers of consumer products including foods,
regulations implementing Section 25249.6 shall to the extent
practicable place the obligation to provide any warning materials
such as labels on the producer or packager rather than on the retail
seller, except where the retail seller itself is responsible for
introducing a chemical known to the state to cause cancer or
reproductive toxicity into the consumer product in question.
  SEC. 3.  The Legislature finds and declares that this act furthers
the purposes of the Safe Drinking Water and Toxic Enforcement Act of
1986.