Bill Text: CA SB193 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Hazard evaluation system and information service.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-29 - Chaptered by Secretary of State. Chapter 830, Statutes of 2014. [SB193 Detail]

Download: California-2013-SB193-Amended.html

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BILL NUMBER: SB 193	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 9, 2013

INTRODUCED BY   Senator Monning

                        FEBRUARY 7, 2013

   An act to amend Section 6276.12 of the Government Code, and to
amend Section 147.2 of the Labor Code, relating to employment.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 193, as amended, Monning. Hazard evaluation system and
information service.
   Existing law requires the Department of Industrial Relations, with
the State Department of Public Health, to establish a repository of
current data on toxic materials and harmful physical agents in use or
potentially in use in places of employment in the state. That law
requires the repository, among other things, to provide information
and collect and evaluate data relating to possible hazards to
employees resulting from exposure to toxic materials or harmful
physical agents. That law expressly does not require employers to
report any information not otherwise required by law.
   This bill  , except as specified,  would require, 
for every product the final   destination of which may be a
place of employment within the state,  upon written request from
the repository, chemical manufacturers,  formulators, 
suppliers, distributors, importers, and their agents to provide to
the repository the names and addresses of their customers who have
purchased specified chemicals or commercial products containing those
chemicals, and certain other information related to those shipments.
The bill would deem the names and addresses of customers to be
confidential. The bill would also provide that the State Department
of Public Health shall be entitled to reimbursement of attorney's
fees and costs incurred in seeking an injunction to enforce this
requirement.
   The California Public Records Act requires certain public records
to be made available for public inspection, and lists records that
are exempt from disclosure under the act.
   The bill would exempt from public disclosure under the act the
names and addresses of customers provided to the repository by
chemical manufacturers,  formulators,  suppliers,
distributors, importers, and their agents, that would be required
pursuant to  this act   the bill  , as
confidential, but would provide that those names and addresses may be
disclosed to officers or employees of the state not affiliated with
the repository who are responsible for carrying out the provisions of
the Labor Code relating to safety in employment  or to specified
state agencies  . The bill would also state findings and
declarations of the Legislature for limiting the public's right of
access to the names and addresses of those customers.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 6276.12 of the Government Code is amended to
read:
   6276.12.  Conservatee, confidentiality of the conservatee's
report, Section 1826, Probate Code.
   Conservatee, estate plan of, confidentiality of, Section 2586,
Probate Code.
   Conservatee with disability, confidentiality of report, Section
1827.5, Probate Code.
   Conservator, confidentiality of conservator's birthdate and driver'
s license number, Section 1834, Probate Code.
   Conservator, supplemental information, confidentiality of, Section
1821, Probate Code.
   Conservatorship, court review of, confidentiality of report,
Section 1851, Probate Code.
   Consumer fraud investigations, access to complaints and
investigations, Section 26509.
   Consumption or utilization of mineral materials, disclosure of,
Section 2207.1, Public Resources Code.
   Contractor, evaluations and contractor responses, confidentiality
of, Section 10370, Public Contract Code.
   Contractor, license applicants, evidence of financial solvency,
confidentiality of, Section 7067.5, Business and Professions Code.
   Controlled Substance Law violations, confidential information,
Section 818.7.
   Controlled substance offenders, confidentiality of registration
information, Section 11594, Health and Safety Code.
   Cooperative Marketing Association, confidential information
disclosed to conciliator, Section 54453, Food and Agricultural Code.
   Coroner, inquests, subpoena duces tecum, Section 27491.8.
   County aid and relief to indigents, confidentiality of
investigation, supervision, relief, and rehabilitation records,
Section 17006, Welfare and Institutions Code.
   County alcohol programs, confidential information and records,
Section 11812, Health and Safety Code.
   County Employees' Retirement, confidential statements and records,
Section 31532.
   County mental health system, confidentiality of client
information, Section 5610, Welfare and Institutions Code.
   County social services, investigation of applicant,
confidentiality, Section 18491, Welfare and Institutions Code.
   County social services rendered by volunteers, confidentiality of
records of recipients, Section 10810, Welfare and Institutions Code.
   County special commissions, disclosure of health care peer review
and quality assessment records not required, Section 14087.58,
Welfare and Institutions Code.
   County special commissions, disclosure of records relating to the
commission's rates of payment for publicly assisted medical care not
required, Section 14087.58, Welfare and Institutions Code.
   Court files, access to, restricted for 60 days, Section 1161.2,
Code of Civil Procedure.
   Court reporters, confidentiality of records and reporters, Section
68525.
   Court-appointed special advocates, confidentiality of information
acquired or reviewed, Section 105, Welfare and Institutions Code.
   Crane employers, previous business identities, confidentiality of,
Section 7383, Labor Code.
   Credit unions, confidentiality of investigation and examination
reports, Section 14257, Financial Code.
   Credit unions, confidentiality of employee criminal history
information, Section 14409.2, Financial Code.
   Criminal defendant, indigent, confidentiality of request for funds
for investigators and experts, Section 987.9, Penal Code.
   Criminal offender record information, access to, Sections 11076
and 13202, Penal Code.
   Crop reports, confidential, subdivision (e), Section 6254.
   Customer list of chemical manufacturers,  formulators, 
suppliers, distributors, importers, and their agents, confidential,
Section 147.2, Labor Code.
   Customer list of employment agency, trade secret, Section 16607,
Business and Professions Code.
   Customer list of telephone answering service, trade secret,
Section 16606, Business and Professions Code.
  SEC. 2.  Section 147.2 of the Labor Code is amended to read:
   147.2.  (a) In accordance with Chapter 2 (commencing with Section
6350) of Part 1 of Division 5 of this code and Section 105175 of the
Health and Safety Code, the Department of Industrial Relations, by
interagency agreement with the State Department of Public Health,
shall establish a repository of current data on toxic materials and
harmful physical agents in use or potentially in use in places of
employment in the state.
   (b) The repository shall fulfill all of the following functions:
   (1) Provide reliable information of practical use to employers,
employees, representatives of employees, and other governmental
agencies on the possible hazards to employees of exposure to toxic
materials or harmful physical agents.
   (2) Collect and evaluate toxicological and epidemiological data
and any other information that may be pertinent to establishing
harmful effects on health of exposure to toxic materials or harmful
physical agents. Nothing in this subdivision shall be construed as
authorizing the repository to require employers, other than chemical
manufacturers,  formulators,  suppliers, distributors,
importers, and their agents, to report any information not otherwise
required by law.
   (3)  Upon   For   every product the
final destination of which may be a place of employment within the
state, upon  written request by the repository, chemical
manufacturers,  formulators,  suppliers, distributors,
importers, and their agents shall provide to the repository the names
and addresses of their customers who have purchased certain
chemicals, as specified by the repository, or commercial products
containing those chemicals and information related to those
shipments, including the quantity and dates of shipments, and the
proportion of a specified chemical within a mixture containing the
specified chemical.  This paragraph shall not apply to a retail
seller if the sale of the chemical or mixture is in the same form,
approximate amount, concentration, and manner as the chemical or
mixture is sold to the general public. The following shall apply to
this paragraph:  
   (A) On or after January 1, 2015, the information requested shall
include current and past customers for not more than a one-year
period prior to the date the request is received. The information
shall be provided within a reasonable timeframe as determined by the
State Department of Public Health, not to exceed 30 calendar days
from the date the request is received. The information shall be
provided in a format specified by the State Department of Public
Health but consistent with the responding entity's current data
system.  
   (A) 
    (B)  The names and addresses of customers provided by
chemical manufacturers,  formulators,  suppliers,
distributors, importers, and their agents pursuant to this paragraph
shall be considered confidential and  , except as specified in
this subparagraph,  exempt from public disclosure under the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government  Code),
except that those names and addresses may be disclosed to officers or
employees of the state not affiliated with the repository who are
responsible for carrying out the purposes of Division 5 (commencing
with Section 6300).   Code). The department may disclose
those names and addresses only to officers or employees of the state
not affiliated with the repository who   are responsible
for carrying out the purposes of Division 5 (commencing with Section
6300) or to the state agencies of the state officers specified in
paragraphs (5) and (6).  
   (B) 
    (C)  The State Department of Public Health shall be
entitled to reimbursement of attorney's fees and costs incurred in
seeking an injunction to enforce this paragraph.
   (4) Recommend to the Chief of the Division of Occupational Safety
and Health Administration that an occupational safety and health
standard be developed whenever it has been determined that a
substance in use or potentially in use in places of employment is
potentially toxic at the concentrations or under the conditions used.

   (5) Notify the Secretary of Food and Agriculture of any
information developed by the repository that is relevant to carrying
out his or her responsibilities under Chapters 2 (commencing with
Section 12751) and 3 (commencing with Section 14001) of Division 7 of
the Food and Agricultural Code. 
   (6) Notify the Secretary for Environmental Protection of any
information developed by the repository that is relevant to carrying
out his or her responsibilities. 
   (c) The Director of Industrial Relations shall appoint an 
Advisory Committee   advisory committee  to the
repository. The  Advisory Committee   advisory
committee  shall consist of four representatives from labor,
four representatives from management, four active practitioners in
the occupational health field, and three persons knowledgeable in
biomedical statistics or information storage and retrieval systems.
The  Advisory Committee   advisory committee
 shall meet on a regular basis at the request of the director.
The committee shall be consulted by, and shall advise the director at
each phase of the structuring and functioning of the repository and
alert system with regard to, the procedures, methodology, validity,
and practical utility of collecting, evaluating, and disseminating
information concerning hazardous substances, consistent with the
primary goals and objectives of the repository.
   (d) Nothing in this section shall be construed to limit the
ability of the State Department of Public Health to propose
occupational safety and health standards to the Occupational Safety
and Health Standards Board.
   (e) Policies and procedures shall be developed to assure, to the
extent possible, that the repository uses and does not duplicate the
resources of the federal government and other states.
   (f) On or before December 31 of each year, the Department of
Industrial Relations shall submit a report to the Legislature
detailing the implementation and operation of the repository
including, but not limited to, the amount and source of funds
allocated and spent on repository activities, the toxic materials and
harmful physical agents investigated during the past year and
recommendations made concerning them, actions taken to inform
interested persons of the possible hazards of exposure to toxic
materials and harmful physical agents, and any recommendations for
legislative changes relating to the functions of the repository.
  SEC. 3.  The Legislature finds and declares that Section 1 of this
act, which amends Section 6276.12 of the Government Code, imposes a
limitation on the public's right of access to the meetings of public
bodies or the writings of public officials and agencies within the
meaning of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes the
following findings to demonstrate the interest protected by this
limitation and the need for protecting that interest:
    In order to protect the names and addresses of customers who have
purchased chemicals from chemical manufacturers,  formulators,
 suppliers, distributors, importers, and their agents, it is
necessary that lists containing those names and addresses be exempt
from disclosure under the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code).