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FLASH REPORT!

Chemical Bills Get Legislative Smackdown

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.

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