Bill Text: OR HB3257 | 2011 | Regular Session | Introduced

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Bill Title: Relating to toxic chemicals; declaring an emergency.

Spectrum: Committee Bill

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3257 Detail]

Download: Oregon-2011-HB3257-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3757

                         House Bill 3257

Sponsored by COMMITTEE ON ENERGY, ENVIRONMENT AND WATER

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Establishes Oregon Interagency Toxic Chemicals Reduction Team.
Requires team to develop toxic chemicals reduction strategy.
Specifies elements of strategy. Requires team to evaluate list of
toxic chemicals of concern every four years. Requires team to
report to Legislative Assembly on implementation of strategy.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to toxic chemicals; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:

                               { +
DEFINITIONS + }

  SECTION 1.  { + As used in sections 1 to 4 of this 2011 Act:
  (1) 'Biomonitoring' means the process by which chemicals and
their metabolites are identified and measured within biological
specimens.
  (2) 'Green chemistry' means chemistry that prevents waste,
maximizes the conversion efficiency in chemical reactions,
designs syntheses to use and generate substances with little or
no toxicity, designs safer chemicals and products, uses safe
solvents, increases energy efficiency, uses renewable raw
materials, avoids chemical derivatives, uses catalysts instead of
stoichiometric reagents, designs chemicals and products to
degrade after use, includes real-time monitoring to prevent
pollution and minimizes the potential for accidents.
  (3) 'State government' has the meaning given that term in ORS
174.111.
  (4) 'Toxic chemical' means any substance, other than a
radioactive substance, that has the capacity to produce injury or
illness to humans or wildlife through ingestion, inhalation or
absorption through any body surface subsequent to acute or
chronic exposure.
  (5) 'Toxic chemicals of concern' means toxic chemicals on the
list developed by the Oregon Interagency Toxic Chemicals
Reduction Team under section 3 of this 2011 Act.
  (6) 'Vulnerable populations' means populations in this state
that may suffer disproportionate impacts of toxic chemicals of
concern, workers with high workplace exposure to toxic chemicals

of concern and individuals whose burden from toxic chemicals
disproportionately exceeds that of the general community. + }

                               { +
OREGON INTERAGENCY TOXIC CHEMICALS REDUCTION TEAM + }

  SECTION 2.  { + (1) The Oregon Interagency Toxic Chemicals
Reduction Team is established to improve the coordination of
toxic chemicals reduction across state agencies through the
establishment of statewide, integrated toxic chemicals reduction
efforts that are related to the operation, policies and external
programs of the agencies. The Governor shall appoint to the team
one representative from each of the following agencies:
  (a) The Department of Environmental Quality;
  (b) The Oregon Health Authority;
  (c) The State Department of Agriculture;
  (d) The State Forestry Department;
  (e) The Department of Transportation;
  (f) The Oregon Department of Administrative Services;
  (g) The State Department of Fish and Wildlife;
  (h) The State Parks and Recreation Department;
  (i) The Department of State Lands;
  (j) The office of the State Fire Marshal;
  (k) The Department of Education;
  (L) The Department of Corrections;
  (m) The Oregon University System; and
  (n) The Oregon State University Extension Service.
  (2) In addition to the members described in subsection (1) of
this section, the Governor shall appoint to the Oregon
Interagency Toxic Chemicals Reduction Team one representative
each from any other state agency determined appropriate by the
Governor.
  (3) The chairperson of the Oregon Interagency Toxic Chemicals
Reduction Team may invite stakeholders that are not state
agencies to participate in a nonvoting advisory capacity for the
team.
  (4) A majority of the members of the Oregon Interagency Toxic
Chemicals Reduction Team specified in subsections (1) and (2) of
this section constitutes a quorum for the transaction of
business.
  (5) Official action by the Oregon Interagency Toxic Chemicals
Reduction Team requires the approval of a majority of the members
of the team specified in subsections (1) and (2) of this section.
  (6) If there is a vacancy for any cause of a representative
specified in subsections (1) and (2) of this section, the
Governor shall make an appointment to become immediately
effective.
  (7) The members of the Oregon Interagency Toxic Chemicals
Reduction Team specified in subsections (1) and (2) of this
section shall elect one of the members to serve as chairperson.
The team shall meet at the times and places specified by the call
of the chairperson or of a majority of the members of the team
specified in subsections (1) and (2) of this section.
  (8) The members of the Oregon Interagency Toxic Chemicals
Reduction Team specified in subsections (1) and (2) of this
section may adopt rules necessary for the operation of the team.
  (9) The Department of Environmental Quality shall provide staff
support to the Oregon Interagency Toxic Chemicals Reduction Team.
  (10) All agencies of state government, as defined in ORS
174.111, are directed to assist the Oregon Interagency Toxic
Chemicals Reduction Team in the performance of its duties and, to
the extent permitted by laws relating to confidentiality, to
furnish such information and advice as the members of the team
consider necessary to perform their duties.
  (11) The Oregon Interagency Toxic Chemicals Reduction Team
shall work to provide an integrated approach to implementing the
toxic chemicals reduction strategy described in section 3 of this
2011 Act. + }

                               { +
TOXIC CHEMICALS REDUCTION STRATEGY + }

  SECTION 3.  { + (1) The Oregon Interagency Toxic Chemicals
Reduction Team shall develop a toxic chemicals reduction strategy
for Oregon. The toxic chemicals reduction strategy must:
  (a) Include a list of toxic chemicals of concern. The list must
include the toxic chemicals listed as of the effective date of
this 2011 Act on the Department of Environmental Quality's
priority toxics focus list.
  (b) Identify the sources of toxic chemicals of concern.
  (c) Identify how the state agencies listed in section 2 (1) of
this 2011 Act may implement the toxic chemicals reduction
strategy as it relates to the operations, policies and external
programs of the agencies in a way that improves the efficiency
and minimizes redundancies in the operation of state government.
  (d) Outline a strategy for reducing releases of, and exposures
to, toxic chemicals of concern, and identify specific actions
this state may take to protect human health and the environment,
including but not limited to:
  (A) Identifying upstream reduction opportunities to reduce the
entry of toxic chemicals of concern into the environment;
  (B) Encouraging assessment, development and use of less toxic
or nontoxic alternatives, including utilizing green chemistry, to
eliminate or reduce the use or generation of hazardous substances
in the design, manufacture and application of chemical products
within this state;
  (C) Reducing the use and movement of toxic chemicals of concern
through pathways of exposure to humans and the environment; and
  (D) Incorporating goals and actions related to toxic chemicals
of concern into the operations of state government.
  (e) Identify and prioritize strategies to reduce the use and
release of and exposure to toxic chemicals of concern by:
  (A) Optimizing the use of resources to address the highest
priority toxic chemicals of concern and coordinating state
government reduction efforts;
  (B) Establishing partnerships with local, state and federal
agencies, other states and private organizations in order to
increase the effective use of public and private resources;
  (C) Addressing toxic chemicals of concern, individually or in
combination, to achieve public health and environmental
objectives; and
  (D) Achieving measurable reductions in the use and release of
and exposure to toxic chemicals of concern in both the short-term
and the long-term.
  (2) The Oregon Interagency Toxic Chemicals Reduction Team may
identify legislative proposals and submit budget recommendations,
including but not limited to requests for a long-term, dedicated
funding source to implement the toxic chemicals reduction
strategy. + }

                               { +
PERIODIC EVALUATION OF LIST + }
                               { +
OF TOXIC CHEMICALS OF CONCERN + }

  SECTION 4.  { + The Oregon Interagency Toxic Chemicals
Reduction Team shall evaluate the list of toxic chemicals of
concern every four years and may add toxic chemicals to or
eliminate toxic chemicals from the list based on relevant
criteria, including but not limited to:
  (1) Presence of the toxic chemical in human blood or elsewhere
in the human body as detected through biomonitoring conducted by
the Centers for Disease Control and Prevention or another
governmental entity;
  (2) Persistence, bioaccumulative and toxic characteristics of
the toxic chemical;
  (3) Endocrine-disrupting properties of the toxic chemical;
  (4) Carcinogenic properties of the toxic chemical;
  (5) Reproductive effects of the toxic chemical;
  (6) Relevant environmental or public health benchmarks or
standards of this state;
  (7) Production volume of the toxic chemical;
  (8) Inclusion of the toxic chemical on the priority listing of
persistent pollutants specified in ORS 468B.139 (2)(a);
  (9) Inclusion of the toxic chemical on the Department of
Environmental Quality's priority toxics focus list;
  (10) Relative magnitude of human exposure to the toxic
chemical, with additional consideration for vulnerable
populations; and
  (11) Scientifically recognized impacts of the toxic chemical
related to the survival of threatened or endangered species. + }

                               { +
INFORMATION PROVIDED TO LEGISLATIVE ASSEMBLY + }

  SECTION 5.  { + The Oregon Interagency Toxic Chemicals
Reduction Team shall report to the Seventy-sixth Legislative
Assembly, in the manner provided by ORS 192.245, no later than
the date of the convening of the 2012 regular session of the
Legislative Assembly as specified in ORS 171.010, detailing
progress toward the development and implementation of the toxic
chemicals reduction strategy described in section 3 of this 2011
Act. + }

                               { +
MISCELLANEOUS + }

  SECTION 6.  { + The unit captions used in this 2011 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2011 Act. + }
  SECTION 7.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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