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Chemical Industry Council of California

Industry and Others Re-evaluate Positions on “Green Chemistry” Bills!

Administration Brokered Deal Cuts Both Ways - Posted 08/21/08




Sacramento- Wednesday afternoon, industry lobbyists and others milled around the third floor of the Capitol Office Building reviewing proposed amendment language and re-evaluating their positions and options relative to AB 1879 (Feuer, D-LA) and SB 509 (Simitian, D-Palo Alto).


Earlier, Administration officials briefed industry lobbyists on the deal with and between Senate and Assembly authors regarding "Green Chemistry", which holds the high promise of clearing a path for ultimate passage and signing of legislation.  CICC recently reported a continuing controversy over the ingredient reporting provisions in SB 509 threatened to unravel an earlier negotiation and negatively overflow to AB 1879. Read earlier stories for 8/15/08 and 8/19/08 in CICC News.


Negotiations continued throughout Monday and into Tuesday resulting in a tentative compromise, which at the time of this writing (apart from the amendments), is yet to be available in print. 


Senator Simitian proposes to amend SB 509 by 'gutting and amending.'  He is removing the earlier ingredient disclosure language entirely, but not the definition of 'consumer products' which has many in the business community upset.  Instead of an ingredient disclosure bill, SB 509 becomes a bill to authorize OEHHA and DTSC to establish a Clearinghouse for chemical hazard traits.  The Clearinghouse, as proposed by the Administration, was originally intended as part of Mr. Feuer's yet to be amended version of AB 1879.  In addition to the Clearinghouse, SB 509 contains technical and "cleanup" provisions affecting AB 1879.


Since both bills, SB 509 and AB 1879, propose to amend the same section of law, the two are "double joined," so neither of the amended bills will override the provisions of the other bill.  Both bills must pass and be signed in order for either to become operable.  Senator Simitian and Assemblyman Feuer will co-author each other's bills thereby clearing the path for Senate and Assembly passage.  Recall, Senator Simitian's bill is in the Assembly and Mr. Feuer's bill is in the Senate.  Hearings are planned for Thursday, 8/21/08 in the respective committees of both houses


CICC is and has been supportive of a process for regulating chemicals based on sound science.  As it has been explained to CICC, we believe the compromise between the authors of the legislation, and the Administration is sound and workable albeit upon review of the amendments, there are problems which must be addressed in the regulations to follow.  SB 509 will provide valuable input to the scientific identification and prioritization process authorized in AB 1879.


CICC no longer views the two bills as symbiotic, rather in their proposed amended form they will be integral parts of a developing regulatory framework for science based decisions regarding chemicals.  CICC has revised its position on both bills from "Watch," to a one of qualified "Support, pending final review of amended language and adoption of negotiated amendments to both AB 1879 and SB 509


Please continue to monitor CICC's website www.cicc.org for most recent developments or contact the CICC office at 916-989-9692.



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