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Chemical Industry Council of California

CICC Advocates for Passage of AB 1879

Companion Bill SB 509 Amended on Assembly Floor as Agreed - Posted 08/23/08



Sacramento - Friday, 8/22/08, CICC issued a press release supporting AB 1879 and continued walking the halls of the State Capitol advocating for Senate passage.   The previous afternoon, 8/21/08, CICC spoke in support of the bill during a briefing of the Assembly Republican E3 (Environment, Energy, and Economy) Caucus. 


Later that same afternoon CICC appeared before the Senate Environment Committee in support of the AB 1879, a bill granting authority to the Department of Toxic Substances Control (DTSC) to develop a regulatory framework enabling state scientists, rather than legislators, to make objective decisions regarding identification, prioritization and regulation of chemicals and chemical uses.  Appearing alongside the author, Assemblyman Mike Feuer (D, LA) were Maureen Gorsen, Director of DTSC; Bill MaGavern, Political Director, Sierra Club; and John Ulrich, CICC's Executive Director.


Ulrich testified that CICC has been involved in discussions regarding Green Chemistry since the issue first came to public attention.  Green Chemistry in the context of Sustainable Development is not inconsistent with the goals of the chemical industry.  As amended, AB-1879 will allow for the development of a regulatory framework, in accordance with the due process protections of the Administrative Procedures Act, which will set in motion for the first time in California a mechanism to allow scientists to make scientific decisions ranging from "no action" up to and including the prohibition of certain chemical uses, and in the worst case scenario - prohibition of the chemical itself.


Joining CICC in support of the bill was Tom Jacob, DuPont.  Numerous other industry trade associations came forward to announce that they were removing their opposition to the bill.  The American Electronics Associations (AEA) and elements of automobile industry spoke in opposition to the bill, each requesting an exemption from its provisions.  Also opposing were the Environmental Justice Advocates who indicated the bill did not go far enough.


The bill also directs the establishment of a process to evaluate chemical alternatives, in order to avoid the unintended consequences of inappropriate substitutions.  A Green Ribbon Advisory Panel is established to provide continuing advice and counsel to the DTSC, and the entire process will be subject to multimedia review and lifecycle assessment conducted by the Environmental Policy Council, which is comprised of the Secretary of Cal/EPA and the heads of the principle boards, offices, and departments within the agency.


Earlier in the week, Administration officials brokered compromise language in a two bill package, AB-1879 (Feuer) and SB 509 (Simitian), which led to a breakthrough in negotiations.  Read stories in CICC News.   The two bills, as amended will address the same section of law and are therefore "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.


As agreed, Senator Simitian's SB 509 was amended Friday, 8/22/08, on the Assembly floor.  The amendments remove earlier ingredient disclosure language and replace it with language authorizing OEHHA and DTSC to establish a Clearinghouse for chemical hazard traits. SB 509 also contains technical and "cleanup" provisions affecting AB 1879 including definitions.  Among the definition is an all encompassing description of 'consumer products.'   All parties agree the definition will need further refinement in regulations to follow.


CICC is and has been supportive of a process for regulating chemicals based on sound science.  We believe the compromise between the authors of the legislation, and the Administration is sound and workable.  SB 509 will provide valuable input to the scientific identification and prioritization process authorized in AB 1879.  CICC views the two bills integral parts of a developing regulatory framework for science based decisions regarding chemicals.  CICC position on both AB 1879 and SB 509 is one of Support.


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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