Keeping up to Date

MEHS Consulting keeps you current on CALIFORNIA regulatory or legislative fronts

2018 CA LEGISLATIVE UPDATE – June 2018

SENATE – PRIORITY BILLS:

  • SB 49 – De Leόn: Anti-Trump – keeps CA standards at prior Federal levels SB-49 (De Leόn)  Opposition-Letters – Major cost implications documented – Amendments made but merely technical – amended to add 2022 sunset – industry still strongly opposed – sent to ASSEMBLY Rules

  • SB 258 – Lara – Ingredient disclosure in cleaning products – disclosure in cleaning products – Stakeholder “working group” process compromise – CBI satisfactory – labeling improvement – P65 thresholds abandoned – Industry split over compromise language – passed to GOVERNOR

  • SB 772 – Leyva – would exempt Cal OSHA from Regulatory Impact Analysis mandates (related to indoor heat reg. issue) – pushed by labor SB 772 (Leyva) ROAR Opposition Letter to ASM Labor Cmte – – ASSEMBLY Floor

  • SB 774 – Leyva Creates DTSC “Board” – ES&TM amendments taken to make Board “advisory” but still w/ power to hire and direct DTSC Director – Governor’s office has told author to put on inactive file (make it 2-year bill), – ASSEMBLY Floor

  • SB 100 – De Leόn as amended – Energy policies and programs: pushes CA Renewable Portfolio Std. to 100% “zero-carbon” (change from “renewables”)

  • SB 1133 – Portantino – Allows voluntary funding of science at Regional Water Quality Districts – advocated by BizFed – moving w/o opposition – amended to remove-specific section – Passed to ASSEMBLY
2018 CA LEGISLATIVE UPDATE – JUNE 2018

 ASSEMBLY – Priority or Important Bills:

  • AB 958 – Ting, Quirk – 2-year bill on hazardous materials: blocks use of fluorinated chemicals in packaging and preempt DTSC by mandating SCP Priority Product designation for fluorinated products – Ting staff now indicating amendments on way and bill will be resurrected – industry group remains opposed – in Senate Rules
  • Water Conservation Compromise – AB 1668 (Friedman) and SB 606 (Hertzberg) – includes urban conservation targets, strategy (commercial, industrial, institutional – CII) – favorable CII language negotiated into final bills – process waters same so far – Friedman and Hertzberg took-over Leg process – Both bills passed and signed by Governor.
  • AB 2072 – Quirk – SWRCB Emerging Contaminants of Concern – directs SWRCB to establish research program on emerging contaminants of concern – Referenced-Science Panels already acted – aim is to ensure follow-up (ESTM staff) – DEAD – Held in Appropriations
  • AB 2606 – Fong HW permit renewals – Permits for renewal without change get expedited permit review – CICC POSITION – SUPPORT – Assembly 3rd reading o AB 2671 – Fong – Legislative review of “major regulations” prior to adoption – advocated by ROAR  – DEAD – Held in Appropriations
  • AB-2928 – Chen – Hazardous waste: Used Oil – Allows certain used oils to qualify for recycling rather than being treated as HW – Advocated by CCEEB – – Passed to Senate
  • AB 3138 – Maratsuchi – Hazardous Material civil liability – fines of up to $25K/day “regardless of whether violation was knowingly committed or with reasonable notice” – CUPA Forum sponsoring – industry-sponsored amendments (inc. one suggested initially by CICC) accepted and introduced – Passed to SENATE
  • Lead Paint Liability Package – AB 2074 (Bonta), 2803 (Limon) and 2995 (Carillo) being pushed by trial bar as counter to paint industry ballot measure seeking to overturn a court ruling finding any home using interior lead-based paint prior from 1951-81 is “nuisance” carrying broad liability. The 3 bills in combination would by expand on the ruling to hold anyone selling or promoting the paint for use indoors or outdoors faces joint & several liability. Several other bills are also elements of this package but are not being opposed by industry. Pressure for negotiated compromise. – all 3 bills currently on Assembly Floor – 2803 Passed to Senate.
  • AB 2094 – Kalra – Hazardous waste treatment/disposal – Requires DTSC to prescribe inspection frequencies for facilities, w disposal facilities no less than 2/yr – passed to Senate.
  • AB 2379 – Bloom – waste management – polyester microfiber – require clothing made with >50% polyester that requires any clothing product with plastic that requires washing label, to include label warning of problem – discussions underway w retailers – Assembly 3rd reading.
  • AB 2453 – E. Garcia – air pollution and schools – “AB 617 for schools” – Amendment pending to “tag onto” 617 to ensure consideration of schools within designated areas – amended to simply require Districts that include disadvantaged communities identified as having high air pollution burden to work with responsible Air Districts – passed to Senate.
  • AB 2570 – Nazarian – environmentally preferable cleaning products – Districts to certify use of economically feasible products (per independent 3rd party certification) – amended to allow anti-microbials but coalition still opposed – late entry by extreme NGO group seeking to ban far more products – Assembly 3rd reading
  • AB 2660 – Quirk – Hazardous Waste – surplus household consumer products – industry-supported – advanced to Senate
  • AB 2775 – Kalra – professional cosmetics labelling requirements – requires labelling of ingredients of professional cosmetics – passed to Senate
  • AB 2998 – Bloom – Flame retardants in juvenile products – prohibits use of flame retardants in juvenile products – recent amendment would essentially ban any material used as a retardant, regardless of properties, and to require reimbursement of DTSC toxicity testing – passed to Senate
  • AB 3230 – Maratsuchi – Green chemistry consumer products – “intent” to encourage DTSC to work with Legislature to analyze consumer products and initiate rulemakings – dead (not pursued)
  • AB 3109 – Stone – Contracts: waiver of rights of petition or free speech – voids any contract that includes restriction on right to petition or free speech or restricts right to seek employment or reemployment in any lawful occupation or profession – moderated by recent amendment – passed to Senate