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For Immediate Release:
2006-01-30
For More Information:
Contact Dan Jacobson
(916) 446-8062 x 105

California Assembly Passes First-in-Nation Environmental Health Bill

Bill would allow industrial chemicals to be identified in air, water, soil, and the human body

SACRAMENTO—AB 289 (Chan), a bill that would give the state the tools it needs to detect potentially-harmful chemicals that currently go undetected in our bodies and the environment, passed out of the Assembly on Monday, January 30th. The bill authorizes state agencies to request from chemical manufacturers the analytical test methods for detecting their chemicals in air, water, soil, and the human body. AB 289 shifts the cost of developing the methods to locate these chemicals from taxpayers to the manufacturers profiting from the product. California would be the first state in the country with such a law if enacted.


“It stands to reason that if we don’t even know how to find chemicals in our bodies and elsewhere, we don’t know how dangerous they may be to human health or the environment,” said Rachel Gibson, Environmental Health Advocate and Staff Attorney for Environment California—a co-sponsor of the bill. Currently, manufacturers may put chemicals on the market before detection methods have been developed. “We applaud Assemblymember Chan for her leadership on this important issue,” Gibson said.

Laboratories within the California Department of Health Services, Department of Toxic Substances Control, Department of Food and Agriculture, and Air Resources Board must use taxpayer money to develop and verify analytical test methods for finding chemicals in the air, water, soil, and human body. The cost of developing analytical test methods can run up to one million dollars for a single chemical, placing a significant financial burden on state agencies, and, by extension, California taxpayers. This legislation could save the state millions of dollars by shifting the financial costs from state agencies to the industries producing the chemicals.

In 2003, Assemblymember Chan authored AB 302, which prohibits the manufacture, use, and distribution of two toxic flame retardants of concern to human health and takes effect this year. “By the time the state had developed the methods to test for flame retardants, thousands of women had built up levels of toxic flame retardants in their bodies that could be dangerous to a developing child,” said Gibson. “The case of toxic flame retardants provides a perfect example of what is wrong with the current system. If industry wants to release chemicals into our environment, they should at a minimum provide the methods for detecting these chemicals in the air we breathe, the water we drink, the food we eat, and in our bodies. California taxpayers should not have to foot the bill.”

AB 289 passed from the floor of the Assembly. It is expected to go next to the Senate, where it will be referred to a policy committee.