Two bills to regulate or ban chemicals in the workplace have
been put on hold until the next legislative session. One bill, a
proposal to ban the flavoring chemical diacetyl, was derailed by a
highly unusual parliamentary move.
Both bills, AB 514 and 515, by Assembly Speaker Pro Tem Sally
Lieber, are now two-year bills. AB 514 would ban diacetyl, and was
close to being passed by the state Senate last week before the
legislative deadline, but a deft move by a Republican Senator
derailed it.
After a series of votes that produced a 20-20 tie, which could
have been broken by Lieutenant Gov. John Garamendi, Sen. George
Runner, a Lancaster Republican, reversed his "no" vote, passing the
bill. Then he asked for reconsideration, which he was entitled to
as a "supporter." The move took Democrats by surprise, and when
none objected, reconsideration was granted, calling for a new vote
(which was not taken) and making AB 514 a two-year bill. Lieber
actually complimented Runner on the slick political move. The
procedure "was a big shock," said one Capitol insider. "No one
around here has ever seen this before."
AB 515, Lieber's bill to force the Cal/OSH Standards Board to
set permissible exposure limits for a number of chemicals regulated
by Cal/EPA but not Cal/OSHA, was taken off the table for this
session by a more standard legislative procedure. The legislation
was sent back to the Senate Environmental Quality committee after
several attempts to get it passed in that chamber.
Both bills will be eligible for consideration again in January
when the Legislature reconvenes. Both have significant opposition
from employer and manufacturing groups, and even the Department of
Industrial Relations.