Bill Text: CA SB964 | 2019-2020 | Regular Session | Amended

California Senate Bill 964 (Prior Session Legislation)

Bill Title: Chemicals: outdoor application: residential areas.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-03-26 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. [SB964 Detail]

Download: California-2019-SB964-Amended.html

Amended IN Senate March 26, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 964

Introduced by Senator Skinner

February 11, 2020

An act to ~~amend Section 39712~~ add Chapter 10 (commencing with Section 119410) to Part 15 of Division 104 of the Health and Safety Code, relating to ~~greenhouse gases.~~ chemicals.

LEGISLATIVE COUNSEL'S DIGEST

SB 964, as amended, Skinner. ~~Greenhouse Gas Reduction Fund: investment plan.~~ Chemicals: outdoor application: residential areas.

The hazardous waste control laws require the Department of Toxic Substances Control to regulate the handling and management of hazardous materials and hazardous waste. Existing law, known as the Green Chemistry program, requires the department to adopt regulations to establish a process to identify and prioritize chemicals or chemical ingredients in consumer products that may be considered as being chemicals of concern.
This bill would require a government agency or an entity with which a government agency contracts to submit a plan for the application of a chemical to the Office of Environmental Health Hazard Assessment before applying the chemical outdoors in a residential area, defined as a residential neighborhood, school, daycare center, park and recreational facility, or other location where infants and children generally spend time. The bill would require the office to conduct an independent review of any health impacts of the chemical, including reviewing any relevant scientific literature, studies, or other independently peer-reviewed information relating to the chemical’s adverse health effects on infants and children. If there is any evidence in the peer-reviewed scientific literature or studies that the chemical may cause genetic damage, birth defects, cancer, or nervous or reproductive system harm, the bill would prohibit a government agency or an entity with which a government agency contracts from applying the chemical outdoors in a residential area. The bill would also prohibit a government agency or an entity with which a government agency contracts from applying a chemical outdoors in a residential area if literature or studies relating to whether there are adverse health effects of the chemical have not been completed until the literature or studies have been completed and subjected to independent scientific peer review and the office completes a review pursuant to the bill’s provisions. The bill would require the office to hold at least one public meeting annually for purposes of presenting its proposed findings and accepting public testimony on chemicals for which plans have been submitted pursuant to the bill’s provisions.
The California Global Warming Solutions Act of 2006, designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation. Existing law requires moneys from the fund to be allocated for the purpose of reducing emissions of greenhouse gases in this state and satisfying other purposes, if applicable and to the extent feasible, and authorizes specified investments if the investment furthers the regulatory purposes of the act and is consistent with law.
~~This bill would make nonsubstantive changes to the provision related to the expenditure of moneys appropriated from the fund.~~

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO

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

SECTION 1.

Chapter 10 (commencing with Section 119410) is added to Part 15 of Division 104 of the Health and Safety Code, to read:

CHAPTER 10. Protection of Infants’ and Children’s Health in Residential Areas
119410.
The Legislature finds and declares all of the following:
(a) Chapter 731 of the Statutes of 1999, enacted by Senate Bill 25 of the 1999–2000 Regular Session and commonly known as the Children’s Environmental Health Protection Act (hereafter Senate Bill 25), establishes environmental and public health protections for children.
(b) Senate Bill 25 does not ensure that infants and children residing in residential communities are protected from chemicals for which there is documented evidence of health harm, including, but not limited to, to infants and children, or for which there has not yet been an independent study of the human health impacts.
(c) The purpose of this chapter is to ensure that protections from chemicals for which there is documented evidence of health harm, including, but not limited to, to infants and children, or for which there has not yet been an independent study of the human health impacts are extended to infants and children residing in residential communities.
119415.
(a) Before applying a chemical outdoors in a residential area, a government agency or an entity with which a government agency contracts shall submit a plan for the application of the chemical to the office. The office shall conduct an independent review of any health impacts of the chemical.
(b) (1) As part of its review of a chemical, the office shall review any relevant scientific literature, studies, or other independently peer-reviewed information relating to the chemical’s adverse health effects on infants and children.
(2) If there is any evidence in the peer-reviewed scientific literature or studies that the chemical may cause genetic damage, birth defects, cancer, or nervous or reproductive system harm, the office shall make public findings of those adverse health effects, and a government agency or an entity with which a government agency contracts shall not apply the chemical outdoors in a residential area.
(3) If literature or studies relating to whether there are adverse health effects of a chemical have not been completed, a government agency or an entity with which a government agency contracts shall not apply the chemical outdoors in a residential area until the literature or studies have been completed and subjected to independent scientific peer review, and the office completes a review for the chemical under this section.
(c) The office shall hold at least one public meeting annually for purposes of presenting its proposed findings and accepting public testimony on chemicals for which plans have been submitted under this section.
119420.
This chapter does not apply to the application of a chemical on private property by the property owner.
119425.
For purposes of this chapter, the following definitions apply:
(a) “Government agency” means a city, county, special district, or other state or local government agency.
(b) “Office” means the Office of Environmental Health Hazard Assessment.
(c) “Residential area” means a residential neighborhood, school, daycare center, park and recreational facility, or other location where infants and children generally spend time.

SECTION 1.Section 39712 of the Health and Safety Code is amended to read:
39712.
(a)(1)It is the intent of the Legislature that moneys shall be appropriated from the fund only in a manner consistent with the requirements of this chapter and Article 9.7 (commencing with Section 16428.8) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code.
(2)The state shall not approve allocations for a measure or program using moneys appropriated from the fund except after determining, based on the available evidence, that the use of those moneys furthers the regulatory purposes of California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)) and is consistent with law. If any expenditure of moneys from the fund for any measure or project is determined by a court to be inconsistent with law, the allocations for the remaining measures or projects shall be severable and shall not be affected.
(3)An eligible expenditure of moneys appropriated to the Department of Community Services and Development may occur over multiple fiscal years and the department may make multiyear funding commitments over a period of more than one fiscal year.
(b)Moneys shall be used to facilitate the achievement of reductions of greenhouse gas emissions in this state consistent with the California Global Warming Solutions Act of 2006 and, where applicable and to the extent feasible:
~~(1)Maximize economic, environmental, and public health benefits to the state.~~
~~(2)Foster job creation by promoting in-state greenhouse gas emissions reduction projects carried out by California workers and businesses.~~
~~(3)Complement efforts to improve air quality.~~
~~(4)Direct investment toward the most disadvantaged communities and households in the state.~~
(5)Provide opportunities for businesses, public agencies, Native American tribes in the state, nonprofit organizations, and other community institutions to participate in and benefit from statewide efforts to reduce greenhouse gas emissions.
~~(6)Lessen the impacts and effects of climate change on the state’s communities, economy, and environment.~~
(c)Moneys appropriated from the fund may be allocated, consistent with subdivision (a), for the purpose of reducing greenhouse gas emissions in this state through investments that may include, but are not limited to, any of the following:
(1)Funding to reduce greenhouse gas emissions through energy efficiency, clean and renewable energy generation, distributed renewable energy generation, transmission and storage, and other related actions, including, but not limited to, at public universities, state and local public buildings, and industrial and manufacturing facilities.
(2)Funding to reduce greenhouse gas emissions through the development of state‑of‑the‑art systems to move goods and freight, advanced technology vehicles and vehicle infrastructure, advanced biofuels, and low‑carbon and efficient public transportation.
~~(3)Funding to reduce greenhouse gas emissions associated with water use and supply, land and natural resource conservation and management, forestry, and sustainable agriculture.~~
~~(4)Funding to reduce greenhouse gas emissions through strategic planning and development of sustainable infrastructure projects, including, but not limited to, transportation and housing.~~
~~(5)Funding to reduce greenhouse gas emissions through increased in-state diversion of municipal solid waste from disposal through waste reduction, diversion, and reuse.~~
(6)Funding to reduce greenhouse gas emissions through investments in programs implemented by local and regional agencies, local and regional collaboratives, Native American tribes in the state, and nonprofit organizations coordinating with local governments.
~~(7)Funding research, development, and deployment of innovative technologies, measures, and practices related to programs and projects funded pursuant to this chapter.~~