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 ASSEMBLY  AUGUST 6, 2013
	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   Health
(DPH)  , 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  repository is known as
the Hazard Evaluation System and Information Service (HESIS).
Existing  law requires the  repository,  
HESIS,  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   Existing  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, 
 when there is new scientific or medical information and the
Chief of HESIS, in consultation with the Chief of the Division of
  Environmental and Occupational Disease Control in DPH,
makes a specified determination, would require  chemical
manufacturers, formulators, suppliers, distributors, importers, and
their agents to provide to  the repository  
HESIS  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
 , upon written request of HESIS, for every product the final
destination of which may be a place of employment in California 
. The bill would deem the names and addresses of customers , the
quantities   and dates of shipments, and the proportion of
a specified chemical within a mixture  to be confidential. The
bill would also provide that  the State Department of Public
Health shall   DPH would  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 ,   the quantities and
dates of shipments, and the proportion of a specified chemical within
a mixture  provided to the repository by chemical
manufacturers, formulators, suppliers, distributors, importers, and
their agents, that would be required pursuant to the bill, as
 confidential   provided  , but would
provide that  those names and addresses may be disclosed
  specifically authorize HESIS to disclose that
information  to officers or employees of the  DPH, 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   information  .
   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,  the quantities and
dates of shipments, and the proportion of a specified chemical within
a mixture,  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)  As used in this section, "Hazard Evaluation S
  ystem and Information Service" or "HESIS" means the
repository established pursuant to subdivision (b). 
    (b)    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.   state,
known as the Hazard Evaluation System and Information Service, or
HESIS.  
   (b) The repository 
    (c)     HESIS 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   HESIS  to
require employers, other than chemical manufacturers, formulators,
suppliers, distributors, importers, and their agents, to report any
information not otherwise required by law.
   (3)  For every product the final destination of which may
be a place of employment within the state, upon written request by
the repository,   When there is new scientific or
medical information and the Chief of HESIS, in consultation with the
Chief of the Division of Environmental and Occupational Disease
Control in the State Department of Public Health, determines that a
substance potentially poses a serious new or unrecognized health
hazard to an employee, including, but not limited to, cancer,
reproductive or developmental harm, organ system impairment, or
death,  chemical manufacturers, formulators, suppliers,
distributors, importers, and their agents  , as specified in
subparagraph (A),  shall provide to  the repository
  HESIS  the names and addresses of their customers
who have purchased certain chemicals, as specified by  the
repository,   HESIS,  or commercial products
containing those chemicals and information related to those
shipments, including the  quantity   quantities
 and dates of shipments, and the proportion of a specified
chemical within a mixture containing the specified  chemical.
  chemical, upon written request by HESIS, for every
product the final destination of which may be a place of employment
in California.  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   of the substance,
whether sold individually or as part of a commercial product to the
 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 
 issued  . The information shall be provided within a
reasonable  timeframe as determined by the State Department
of Public Health,   timeframe,  not to exceed 30
calendar days from the date the request is  received.
  issued.  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.
   (B)  The   Unless, pursuant to other law or
regulation the following persons, any other person, or any
governmental entity is required to publicly disclose the following
information, the  names and addresses of  customers
  customers, the quantities and dates of shipments, and
the proportion of a specified chemical within a mixture 
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).  The
department   HESIS  may disclose  those
names and addresses only   that information  to
 officers or employees of the State Department of Public Health,
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)
  6300),  or to the state agencies of the state
officers specified in paragraphs (5) and (6).
   (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
  Director of Pesticide Regulation  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   HESIS
 that is relevant to carrying out his or her responsibilities.

   (c) 
    (d)  The Director of Industrial Relations shall appoint
an advisory committee to  the repository   HESIS
 . The 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 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) 
    (e)  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) 
    (f)  Policies and procedures shall be developed to
assure, to the extent possible, that  the repository
  HESIS  uses and does not duplicate the resources
of the federal government and other states. 
   (f) 
    (g)  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   HESIS  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  HESIS  .
  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,  the
quantities and dates of shipments, and the proportion of a specified
chemical within a mixture,  it is necessary that lists
containing  those names and addresses   that
information  be exempt from disclosure  , as provided in
Section 147.2 of the Labor Code,  under the California Public
Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7
of Title 1 of the Government Code).