ASSE LEGIS report

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					                   For ASSE Members Only -- A Membership Benefit

                             ASSE Government Affairs

                   State SH&E Legislative Activities Report

                                       7.8.08 – 8.19.08


Some issues and legislation of unique interest --

      A bill moving in California prohibiting a person from manufacturing,
       processing or distributing in commerce a product containing diacetyl.
      Another California bill that passed the Assembly requiring hospitals to
       have health care worker back injury prevention plans.
      Reflecting the national debate on the issue, a bill on the move in
       Massachusetts encouraging clean energy investments for projects
       "that promote related employment."
      A bill signed into law in North Carolina protecting agricultural
       workers from retaliation in the workplace and requiring more stringent
       pesticide application reporting.
      A bill enacted in New York providing sanctions against asbestos
       contractors.
      In response to recent news concerning crane safety, passage into law of
       a bill in New York making it a crime to impair the integrity of a
       government licensing exam and addressing crane inspector wrongful
       behavior.
      A new Rhode Island law requiring new autos and light trucks to
       have labels with a global warming index detailing the vehicle's carbon
       dioxide and other global warming gas emissions.
      U.S.: DOL proposes changes in Workplace Safety Rulemaking
      International: EU - OSHA

States included in this report include California, Delaware, Hawaii, Illinois,
Louisiana, Massachusetts, Missouri, North Carolina, North Dakota, New
Hampshire, New York, Ohio, Rhode Island, South Carolina, and
Virginia.
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                 CALIFORNIA 2008 LEGISLATIVE AGENDA
                           EH&S RELATED
ST   HS   Rf#    AUTHOR       P   TITLE                      INTRO AMEND DISP       LOC
CA A       706   Leno         D Fire Retardants              02/07   08/08   Pend   S 3r
CA A      1391   Brownley     D Electronic Waste             02/07   08/08   Pend   S 3r
CA A      1773   Hayashi      D Retail Food: LT Hlth         01/08   06/08   Pend   S 3r
CA A      1851   Nava         D Greenhouse Gas Credits       01/08   08/08    P     S 3r
CA A      1879   Feuer        D HazMat: Toxic Subs           02/08   08/08    P     S 3r
CA A      1988   Swanson      D Employee Safety              02/08   08/08    P     S Ap
CA A      2071   Karnette     D Plastic Bags                 02/08   08/08    P     S 2r
CA A      2106   Hayashi      D Cosmetic Safety              02/08   07/08    V     Veto
CA A      2181   Ruskin       D Work Comp/II Reporting       02/08   08/08    P     A ub
CA A      2536   Nunez        D HazMat: Metal Plating        02/08   06/08    P     A ub
CA A      2546   Dela Torre   D Air Toxics Hot spots         02/08   05/08    P     S Ap
CA A      2720   Levine       D Environment: EIR             02/08   07/08    En    Ch 148
CA A      2729   Ruskin       D Haz Waste Control            02/08   08/08    P     S 2r
CA A      2855   Hancock      D Career TE: Green Techn       02/08   08/08    P     S 3r
CA A      2901   Brownley     D Toxics: Enforce; Jewelry     02/08   07/08    P     S 3r
CA A      2922   DeSaulnier   D Air Pollution: Fuel Contnr   02/08   06/08   Gov    Enrl
CA HR       33   Wolk         D Drinking Water/ Chlramin     07/08            P     A 1r

CA   S     456   Simitian     D   Diacetyl                   02/07   08/07    P     A 3r
CA   S     509   Simitian     D   Consumer Info: Content     02/07   08/08    P     A Ju
CA   S    1151   Perata       D   Hospitals: Lift Teams      02/08   08/08    P     Con
CA   S    1161   Lowenthal    D   Petroleum - USTs           02/08   05/08    P     Con
CA   S    1230   Maldonado    R   Detergents: Phosphorus     02/08   06/08    P     Con
CA   S    1277   Maldonado    R   Synthetic Turf             02/08   04/08   Gov    Enr
CA   S    1313   Corbett      D   Product safety             02/08   08/08    P     A 3r
CA   S    1334   Calderon     D   Drinking Water: Lead       02/08   04/08   Gov    Enr
                                              3



CA A 706   AUTHOR:               Leno (D)
           TITLE:                Fire Retardants
           INTRODUCED:           02/22/2007
           LAST AMEND:           08/04/2008
           DISPOSITION:          Pending
           LOCATION:             Senate Third Reading File
           SUMMARY:
           Relates to fire retardants. Requires seating furniture, mattresses, box springs,
           mattress sets, futons, and other bedding products to comply with certain
           requirements, including the requirement that they not contain certain chemicals
           and be appropriately labeled. Provides for open flame and cigarette ignition
           resistance standards. Provides for a alternatives assessment to review the life
           cycle impacts of components, chemicals, or classes of chemicals used to meet
           the fire retardancy standards.
           STATUS:
           08/07/2008            In SENATE. Read second time. To third reading.

CA A 1391 AUTHOR:                Brownley (D)
           TITLE:                Electronic Waste
           INTRODUCED:           02/23/2007
           LAST AMEND:           08/13/2008
           DISPOSITION:          Pending
           LOCATION:             Senate Third Reading File
           SUMMARY:
           Requires a retailer that sells an electronic device covered under the Electronic
           Waste Recycling Act to provide information to a customer at the point of sale of
           that device that includes the State Integrated Waste Management Board's Web
           site address. Requires the website to describe where and how to return, recycle,
           and dispose of a covered electronic device and locations for the collection or
           return of the device. Requires the use of a sign, written material, or a sales
           receipt to make this notification.
           STATUS:
           08/14/2008            In SENATE. Read second time. To third reading.

CA A 1773 AUTHOR:                Hayashi (D)
           TITLE:                Retail Food: Long-Term Health Care Facilities
           INTRODUCED:           01/14/2008
           LAST AMEND:           06/18/2008
           DISPOSITION:          Pending
           LOCATION:             Senate Third Reading File
           SUMMARY:
           Requires the Director of the State Department of Public Health to review and to
           make a specified determination as to the equivalency of certain facility licensing
           surveys and regulatory requirements in ensuring the adequacy of food safety
           and dietary services, consistent with the food-borne illness prevention and
           public health intervention goals of the State Retail Food Code that are used by
           local enforcement agencies to survey food facilities, and the need for
           recommendations. Prohibits inspection fees.
           STATUS:
           08/05/2008            In SENATE. Read second time. To third reading.
                                            4


CA A 1851 AUTHOR:             Nava (D)
         TITLE:               Greenhouse Gas Credits
         INTRODUCED:          01/29/2008
         LAST AMEND:          08/13/2008
         DISPOSITION:         Pending
         LOCATION:            Senate Third Reading File
         SUMMARY:
         Makes it unlawful to represent in an advertisement, in promotional material on
         the Internet, or in any other sales or promotional materials made available to
         the public, for the sale or use of a greenhouse gas credit or emission reduction,
         that the credit or reduction reduces emissions unless certain requirements are
         met. Requires the maintenance of certain information and documentation
         supporting the validity of the representation. Provides a civil penalty for
         violation. Creates a civil cause of action.
         STATUS:
         08/13/2008           In SENATE. Read second time and amended. To third
                              reading.



CA A 1879 AUTHOR:             Feuer (D)
         TITLE:               Hazardous Materials: Toxic Substances
         INTRODUCED:          02/04/2008
         LAST AMEND:          08/12/2008
         DISPOSITION:         Pending
         LOCATION:            Senate Third Reading File
         SUMMARY:
         Authorizes the Department of Toxic Substances Control to regulate the use of a
         chemical of concern in a consumer product or restrict the sale or use of such
         product. Requires a manufacturer of a product containing such chemicals to affix
         a label indicating the chemical and its health effects. Allows funds in the Toxic
         Substances Control Account to be used for the regulation of a chemical of
         concern in a consumer product or the restriction of the sale or use of such
         consumer product.
         STATUS:
         08/12/2008           In SENATE. Read second time and amended. To third
                              reading.

CA A 1988 AUTHOR:             Swanson (D)
         TITLE:               Employee Safety
         INTRODUCED:          02/14/2008
         LAST AMEND:          08/04/2008
         DISPOSITION:         Pending
         LOCATION:            Senate Appropriations Committee
         SUMMARY:
         Clarifies a place of employment may be deemed dangerous due to a particular
         machine or equipment, as well as a condition or practice in a place of
         employment, constituting an imminent hazard to employees. Requires the
         Occupational Safety and Health Appeals Board to resolve appeals in a manner
         designed to maximize safe and healthy working conditions, or public safety,
         consistent with due process and with specified principles of reasonableness.
         Relates to appeal filing time frames and amending citations.
         STATUS:
         08/07/2008           In SENATE Committee on APPROPRIATIONS: Not heard.
                                             5



CA A 2071 AUTHOR:              Karnette (D)
         TITLE:                Plastic Bags: Plastic Food and Beverage Containers
         INTRODUCED:           02/19/2008
         LAST AMEND:           08/14/2008
         DISPOSITION:          Pending
         LOCATION:             Senate Second Reading File
         SUMMARY:
         Amends existing law that prohibits the sale of a plastic bag or food or beverage
         container that is labeled with the term compostable, biodegrading, degradable
         or implies that the bag will break down in a landfill composting, marine, or other
         natural terrestrial environment, unless, at the time of the sale, the plastic bag
         meets standards for the term used on the label. Authorizes a city, county or the
         state to impose civil liability for violations. Provides for the distribution of the
         penalties collected.
         STATUS:
         08/14/2008            In SENATE. Read third time and amended. To second
                               reading.

CA A 2106 AUTHOR:              Hayashi (D)
         TITLE:                Cosmetic Safety
         INTRODUCED:           02/20/2008
         VETOED:               07/08/2008
         DISPOSITION:          Vetoed
         LOCATION:             Vetoed
         SUMMARY:
         Amends existing law which prohibits certain products from containing certain
         chemicals, included polybrominated diphenyl ether, and phthalates. Prohibits a
         person or entity from manufacturing, selling, or distributing any cosmetic that
         contains certain enumerated chemical substances.
         STATUS:
         07/08/2008            Vetoed by GOVERNOR.

CA A 2181 AUTHOR:              Ruskin (D)
         TITLE:                Workers' Compensation: Injury and Illness Reporting
         INTRODUCED:           02/20/2008
         LAST AMEND:           08/11/2008
         DISPOSITION:          Pending
         LOCATION:             Assembly Unfinished Business - Concurrence in Senate
                               Amendments
         SUMMARY:
         Amends existing law which requires all employers to file a complete report of
         every occupational injury or occupational illness. Requires an insured employer
         to file the report with the insurer on a form prescribed by the Administrative
         Director of the Division of Workers' Compensation. Requires a self-insured
         employer, the state, or the insurer of an insured employer to file the report in an
         electronic form prescribed for that purpose by the Director.
         STATUS:
         08/14/2008            In SENATE. Read third time. Passed SENATE. *****To
                               ASSEMBLY for concurrence.
                                             6



CA A 2536 AUTHOR:              Nunez (D)
         TITLE:                Hazardous Materials: Metal Plating Facility
         INTRODUCED:           02/21/2008
         LAST AMEND:           06/26/2008
         DISPOSITION:          Pending
         LOCATION:             Assembly Unfinished Business - Concurrence in Senate
                               Amendments
         SUMMARY:
         Amends existing law that requires the Business, Transportation and Housing
         Agency to develop a loan guarantee program for metal plating facilities to assist
         those facilities in purchasing high performance environmental control equipment
         or technologies. Requires the agency to develop a rebate program to assist
         metal plating facilities. Authorizes the agency to expend moneys in the Chrome
         Plating Pollution Prevention Fund to make the rebates.
         STATUS:
         08/14/2008            Withdrawn from SENATE Committee on RULES.
         08/14/2008            In SENATE. Read third time. Passed SENATE. *****To
                               ASSEMBLY for concurrence.


CA A 2546 AUTHOR:              De La Torre (D)
         TITLE:                Air Toxics Hot Spots Information and Assessment Act
         INTRODUCED:           02/22/2008
         LAST AMEND:           05/23/2008
         DISPOSITION:          Pending
         LOCATION:             Senate Appropriations Committee
         SUMMARY:
         Relates to existing law which requires the State Air Resources Board to compile
         a list of substances that present a chronic or acute threat to public health when
         present in the ambient air and which requires a facility to submit to an air
         district a proposed comprehensive emissions inventory plan. Revises the
         definition of air release or release to include mobile source emissions at a
         railyard and makes other conforming and clarifying changes.
         STATUS:
         08/07/2008            In SENATE Committee on APPROPRIATIONS: Not heard.

CA A 2720 AUTHOR:              Levine (D)
         TITLE:                Environment: Environmental Impact Report
         INTRODUCED:           02/22/2008
         ENACTED:              07/18/2008
         DISPOSITION:          Enacted
         LOCATION:             Chaptered
         CHAPTER:              148
         SUMMARY:
         Makes technical changes to the California Environmental Quality Act that
         prohibits an environmental impact report for any project involving the purchase
         of a schoolsite or the construction of a new elementary or secondary school by a
         school district unless specified conditions are met. Defines hazardous air
         emissions and extremely hazardous substances for the Act that prohibits the
         certification of a report or approval of a negative declaration for a project near a
         school emitting such substances.
         STATUS:
         07/18/2008            Signed by GOVERNOR.
         07/18/2008            Chaptered by Secretary of State. Chapter No. 148
                                           7

CA A 2729 AUTHOR:             Ruskin (D)
         TITLE:               Hazardous Waste Control: Hazardous Substances
         INTRODUCED:          02/22/2008
         LAST AMEND:          08/04/2008
         DISPOSITION:         Pending
         LOCATION:            Senate Second Reading File
         SUMMARY:
         Relates appropriations from the Toxic Substances Control Account and to the
         placement of related penalties into a separate subaccount in the account.
         Establishes the Pollution Prevention Technology Assistance Grant Fund for grants
         to small business to purchase pollution prevention equipment. Adds school
         districts and county offices of education to the list of grantees and creates an
         account under the Barry Keene Underground Storage Tank Cleanup Trust Fund.
         Relates to funding under other environmental funds.
         STATUS:
         08/07/2008           From SENATE Committee on APPROPRIATIONS: Do pass as
                              amended.

CA A 2855 AUTHOR:             Hancock (D)
         TITLE:               Career Technical Education: Green Technology
         INTRODUCED:          02/22/2008
         LAST AMEND:          08/13/2008
         DISPOSITION:         Pending
         LOCATION:            Senate Third Reading File
         SUMMARY:
         Establishes, and provides funding for, two new categories of partnership
         academies, Green Technology Partnership Academies and Goods Movement
         Partnership Academies. Relates to green buildings, energy and water efficiency
         and conservation technologies, renewable energy facilities, energy distribution
         and storage, low-emission vehicles and emission reduction technology, climate
         change mitigation, hazardous and solid waste reduction, port and terminal
         operations, carrier regulation, and teacher training.
         STATUS:
         08/14/2008           In SENATE. Read second time. To third reading.


CA A 2901 AUTHOR:             Brownley (D)
         TITLE:               Toxics: Enforcement: Lead Jewelry: Packaging
         INTRODUCED:          02/22/2008
         LAST AMEND:          07/02/2008
         DISPOSITION:         Pending
         LOCATION:            Senate Third Reading File
         SUMMARY:
         Amends existing law that prohibits the manufacturing, shipping, selling, or
         offering, for sale jewelry for retail in the state unless the jewelry is made
         entirely from specified materials. Revises the definition of jewelry. Allows an
         authorized representative to inspect a factory, warehouse, or establishment in
         which jewelry is manufactured, held, or sold to enforce these provisions.
         Requires a manufacturer or supplier of jewelry to submit certain information to
         the Department of Toxic Substances Control.
         STATUS:
         08/06/2008           In SENATE. Read second time. To third reading.
                                              8



CA A 2922 AUTHOR:               DeSaulnier (D)
           TITLE:               Air Pollution: Penalties: Fuel Containers
           INTRODUCED:          02/22/2008
           LAST AMEND:          06/26/2008
           DISPOSITION:         To Governor
           LOCATION:            Enrolled
           SUMMARY:
           Sets the maximum civil penalty for a violation of air pollutants to be an amount
           not to exceed a specified amount per vehicle, portable fuel container, engine, or
           other unit subject to the regulation of existing law. Requires the State Air
           Resources Board to adopt standards for portable fuel containers and spouts.
           STATUS:
           08/13/2008           Enrolled.

CA HR 33   AUTHOR:              Wolk (D)
           TITLE:               Drinking Water Treated with Chloramine
           INTRODUCED:          07/14/2008
           DISPOSITION:         Pending
           LOCATION:            ASSEMBLY
           SUMMARY:
           Requests the State Department of Public Health to review public health concerns
           relating to the use of chloramine as a drinking water disinfectant, and to conduct
           studies to provide necessary public health information to further clarify the
           human health effects of chloramine.
           STATUS:
           07/14/2008           INTRODUCED.

CA S 456   AUTHOR:              Simitian (D)
           TITLE:               Diacetyl
           INTRODUCED:          02/21/2007
           LAST AMEND:          08/31/2007
           DISPOSITION:         Pending
           LOCATION:            Assembly Third Reading File
           SUMMARY:
           Prohibits a person from manufacturing, processing or distributing in
           commerce a product containing diacetyl, except that this prohibition
           may be delayed.
           STATUS:
           07/15/2008           In ASSEMBLY. From Inactive File. To third reading.

CA S 509   AUTHOR:              Simitian (D)
           TITLE:               Consumer Products: Content Information
           INTRODUCED:          02/22/2007
           LAST AMEND:          08/15/2008
           DISPOSITION:         Pending
           LOCATION:            Assembly Judiciary Committee
           SUMMARY:
           Prohibits the manufacture or sale of a designated consumer product unless the
           manufacturer or seller discloses each ingredient contained in the product in
           concentrations exceeding a specified percentage by either affixing a label on the
           product, or providing an information sheet accompanying the product at the
           time of sale, or posting the information on the manufacturer's web site. Provides
           an exclusion for a person engaged in the business of wholesale or retail
           distribution of a product.
           STATUS:
           08/15/2008           Re-referred to ASSEMBLY Committee on JUDICIARY.
           08/15/2008           From ASSEMBLY Committee on JUDICIARY with author's
                                             9

                               amendments.
         08/15/2008            In ASSEMBLY. Read second time and amended. Re-
                               referred to Committee on JUDICIARY.

CA S 1151 AUTHOR:              Perata (D)
         TITLE:                Hospitals: Lift Teams
         INTRODUCED:           02/06/2008
         LAST AMEND:           08/08/2008
         DISPOSITION:          Pending
         LOCATION:             Senate Unfinished Business
         SUMMARY:
         Requires a general acute care hospital to establish a patient protection
         and health care worker back injury prevention plan. Requires the
         hospital to conduct a needs assessment to identify patients needing lift
         teams, and lift, repositioning, or transfer devices. Requires such
         hospital to train health care workers on the appropriate use of lift,
         repositioning, and transfer devices. Specifies any health care worker
         can be disciplined for refusing to lift a patient if that person has been
         properly trained.
         STATUS:
         08/14/2008            In ASSEMBLY. Read third time. Passed ASSEMBLY.
                               *****To SENATE for concurrence.


CA S 1161 AUTHOR:              Lowenthal (D)
         TITLE:                Petroleum Underground Storage Tanks: Cleanup
         INTRODUCED:           02/06/2008
         LAST AMEND:           05/28/2008
         DISPOSITION:          Pending
         LOCATION:             Senate Unfinished Business
         SUMMARY:
         Extends the repeal of the Barry Keane Underground Storage Tank Cleanup Trust
         Fund Act. Requires the State Water Resources Board to waive the permitting
         requirements as a condition for payment from the Underground Storage Tank
         Cleanup Fund for certain claimants. Establishes the Site Cleanup Fund for costs
         of response action to remediate the harm caused by petroleum contamination at
         a site under certain conditions.
         STATUS:
         08/12/2008            In ASSEMBLY. Read third time. Passed ASSEMBLY.
                               *****To SENATE for concurrence.

CA S 1230 AUTHOR:              Maldonado (R)
         TITLE:                Detergents: Phosphorus
         INTRODUCED:           02/14/2008
         LAST AMEND:           06/16/2008
         DISPOSITION:          Pending
         LOCATION:             Senate Unfinished Business
         SUMMARY:
         Prohibits use, sale, manufacture or distribution for sale of any cleaning agent if
         that product contains more than a specified percentage of phosphorus by
         weight.
         STATUS:
         08/15/2008            In ASSEMBLY. Read third time. Passed ASSEMBLY.
                               *****To SENATE for concurrence.
                                           10



CA S 1277 AUTHOR:             Maldonado (R)
         TITLE:               Synthetic Turf
         INTRODUCED:          02/19/2008
         LAST AMEND:          04/08/2008
         DISPOSITION:         To Governor
         LOCATION:            To enrollment
         SUMMARY:
         Amends existing law that requires all new playgrounds open to the public built
         by a public agency to conform to playground-related standards and guidelines.
         Requires the Integrated Waste Management Board, in consultation with the
         Office of Environmental Health Hazard Assessment and the State Department of
         Public Health, to prepare and provide to the Legislature and post on the board's
         Internet Web site a study on the effects of synthetic turf and natural turf on the
         environment and public health.
         STATUS:
         08/14/2008           In ASSEMBLY. Read third time. Passed ASSEMBLY. To
                              enrollment.

CA S 1313 AUTHOR:             Corbett (D)
         TITLE:               Product Safety: Perfluorinated Compounds
         INTRODUCED:          02/20/2008
         LAST AMEND:          08/13/2008
         DISPOSITION:         Pending
         LOCATION:            Assembly Third Reading File
         SUMMARY:
         Prohibits the manufacture, sale, or distribution of any food contact substance
         that contains perfluorinated compounds in a certain concentration. Requires
         manufacturers to use the least toxic alternatives when replacing
         perfluorochemicals or their precursors. Prohibits manufacturers from replacing
         perfluorinated compounds with certain carcinogens and reproductive toxins.
         Declares the intent of the Legislature to evaluate perfluorohexanoic acid when a
         system for reviewing chemicals of concern is developed.
         STATUS:
         08/13/2008           In ASSEMBLY. Read third time and amended. To third
                              reading.


CA S 1334 AUTHOR:             Calderon R (D)
         TITLE:               Drinking Water: Pipes and Fittings: Lead Content
         INTRODUCED:          02/20/2008
         LAST AMEND:          04/16/2008
         DISPOSITION:         To Governor
         LOCATION:            Enrolled
         SUMMARY:
         Amends existing law that requires the State Department of Public Health to
         develop building standards to implement provisions of existing law relating to
         water pipes and pipe fittings, and requires these standards to be enforced by the
         appropriate state and local building and health officials. Requires that plumbing
         material be certified for compliance with provisions by an independent 3rd party
         if existing law relates to lead content.
         STATUS:
         08/14/2008           Enrolled.
                                               11



DE H 353    PRIMARY SPONSOR:      Walls (D)
            TITLE:                Liquified Petroleum Gas Containers
            INTRODUCED:           04/02/2008
            ENACTED:              07/16/2008
            DISPOSITION:          Enacted
            LOCATION:             Chaptered
            CHAPTER:              357
            SUMMARY:
            Makes it unlawful for any person to fill a liquefied petroleum gas container in
            excess of the amount permitted in the National Fire Protection Association
            Standard 58, The Liquefied Petroleum Gas Code or to fill a liquefied petroleum
            gas container on the property of any person that is not equipped with a fill tube
            or gauge; provides that a liquefied petroleum gas container may be filled by
            weight if the liquefied petroleum gas container is weighed before and after
            filling.
            STATUS:
            07/16/2008            Signed by GOVERNOR.
            07/16/2008            Chapter Number 357

DE H 362    PRIMARY SPONSOR:      Schooley (D)
            TITLE:                Childrens Toy Safety
            INTRODUCED:           04/15/2008
            ENACTED:              07/16/2008
            DISPOSITION:          Enacted
            LOCATION:             Chaptered
            CHAPTER:              358
            SUMMARY:
            Relates to the Children's Toy Safety Act; prohibits the sale or distribution of toys
            that are harmful to and threaten the health of our children in the state; relates
            to lead and other unsafe substances.
            STATUS:
            07/16/2008            Signed by GOVERNOR.
            07/16/2008            Chapter Number 358

HI H 2388 AUTHOR:                 Sonson (D)
            TITLE:                Workers Compensation
            INTRODUCED:           01/17/2008
            VETOED:               07/08/2008
            DISPOSITION:          Vetoed
            LOCATION:             Vetoed by Governor
            SUMMARY:
            Amends provisions of law relating to worker's compensation; provides that when
            a dispute exists between an employee and an employer or the employer's
            insurer regarding a treatment plan or whether medical services should be
            continued, the employee shall continue to receive essential medical services
            until the Director of Industrial and Labor Relations issues a decision on whether
            the employee's medical treatment should be continued.
            STATUS:
            07/08/2008            Vetoed by GOVERNOR.
            07/08/2008            GOVERNOR'S veto overridden by SENATE. *****To HOUSE
                                  for concurrence.

HI S 2843   COMPANION:            HI H 2509
            AUTHOR:               Menor (D)
            TITLE:                Electronic Waste Recycling Act
            INTRODUCED:           01/23/2008
            ENACTED:              07/08/2008
                                               12

            DISPOSITION:          Enacted
            LOCATION:             Governor's Veto Overridden
            SUMMARY:
            Creates the Electronic Waste Recycling Act; prohibits retailers from selling new
            devices not labeled with a brand registered with the Department of Health;
            requires a list of brands to be posted on a website; requires manufacturers to
            label devices, register with the department, pay a fee, submit recycling plans,
            and submit weight of devices recycled; requires retailers to inform customers of
            collection services; provides for preference purchasing from manufacturers
            ranked high on the recycling list.
            STATUS:
            07/08/2008            Vetoed by GOVERNOR.
            07/08/2008            GOVERNOR'S veto overridden by SENATE. *****To HOUSE
                                  for concurrence.
            07/08/2008            GOVERNOR'S veto overridden by HOUSE.

IL H 5318   SPONSOR:              Joyce (D)
            TITLE:                Health Care Worker Background Checks
            INTRODUCED:           02/14/2008
            LINE ITEM:            08/15/2008
            DISPOSITION:          Enacted
            LOCATION:             Amendatorily Vetoed by Governor
            SUMMARY:
            Amends the Health Care Worker Background Check Act. Provides for
            membership of a Task Force and filling of vacancies. Provides that if the Task
            Force fails to advise the Depart within a specified time after receipt of proposed
            rules or changes, final action shall be deemed to have been taken by the Task
            Force. Relates to determination of the criminal background of health care
            workers who have had findings of abuse, theft or exploitation.
            STATUS:
            08/15/2008            Amendatory Veto by GOVERNOR.

IL S 2079   SPONSOR:              Haine (D)
            TITLE:                Drilling Operations Act
            INTRODUCED:           02/14/2008
            ENACTED:              08/14/2008
            DISPOSITION:          Enacted
            LOCATION:             Chaptered
            PUBLIC ACT:           95-830
            SUMMARY:
            Amends the Drilling Operations Act. Provides that the Act also applies coalbed
            methane. Provides that a drilling operator must give a surface owner written
            notice of the commencement of drilling and do so by personal delivery or
            certified mail postmarked within a certain number of days days prior to drilling.
            STATUS:
            08/14/2008            Signed by GOVERNOR.
            08/14/2008            Public Act No. 95-830

IL S 2313   SPONSOR:              Garrett (D)
            TITLE:                Electronic Products Recycling and Reuse Act
            INTRODUCED:           02/14/2008
            LAST AMEND:           05/30/2008
            DISPOSITION:          To Governor
            LOCATION:             To Governor
            SUMMARY:
            Creates the Electronic Products Recycling and Reuse Act. Requires
            manufacturers and recyclers to register with the Environmental Protection
            Agency and pay a registration fee. Makes changes concerning the agency's
                                               13

           website, civil actions for penalties, and waivers of landfill bans for counties and
           municipal joint action agencies. Establishes recycling facility standards,
           requirements for the public procurement of electronic devices, and penalties for
           violations. Creates the Electronic Recycling Fund.
           STATUS:
           08/08/2008            *****To GOVERNOR.

LA H 382   AUTHOR:               Hutter (R)
           TITLE:                Hazardous Material Fees
           INTRODUCED:           03/31/2008
           ENACTED:              07/09/2008
           DISPOSITION:          Enacted
           LOCATION:             Chaptered
           ACT:                  884
           SUMMARY:
           Relates to the Hazardous Materials Information, Development, Preparedness,
           and Response Act; removes the sunset date on fees assessed under the Right to
           Know Law on facilities in which hazardous materials are manufactured, used, or
           stored.
           STATUS:
           07/11/2008            Act No. 884

MA H 2227 AUTHOR:                Provost (D)
           TITLE:                Particulate Matter Health Effects
           INTRODUCED:           01/10/2007
           DISPOSITION:          Pending
           LOCATION:             House Steering, Policy and Scheduling Committee
           SUMMARY:
           Relates to reports on health effects of particulate matter.
           STATUS:
           07/31/2008            From HOUSE Committee on WAYS AND MEANS:
                                 Recommended substitution by New Draft. See H 2227.
           07/31/2008            To HOUSE Committee on STEERING, POLICY AND
                                 SCHEDULING.

MA H 4570 AUTHOR:                Joint Committee on Environment, Natural Resources and
                                 Agriculture
           TITLE:                Discarded Electronic Product Producer Responsibility
           INTRODUCED:           03/03/2008
           DISPOSITION:          Pending
           LOCATION:             House Second Reading
           SUMMARY:
           Requires producer responsibility for collection and recycling of discarded
           electronic products.
           STATUS:
           07/28/2008            From HOUSE Committee on STEERING, POLICY AND
                                 SCHEDULING. Reported for consideration by HOUSE.
           07/28/2008            In HOUSE. Placed on the Orders of the Day.

MA H 4844 AUTHOR:                DiMasi (D)
           TITLE:                Job Creation and Clean Energy
           INTRODUCED:           06/11/2008
           LAST AMEND:           07/29/2008
           DISPOSITION:          Pending
           LOCATION:             Joint Committee on Economic Development and
                                 Emerging Technologies
           SUMMARY:
           Provides for the creation of the Clean Energy Technology Center and
                                           14

         related Alternative and Clean Energy Investment Trust Fund; provides
         the types of clean energy investments of the fund to include clean
         energy related projects that promote related employment, projects that
         enhance clean energy technology, projects that enhance environmental
         protection and reduce energy costs, and projects that stimulate clean
         energy manufacturing and stimulate workforce development.
         STATUS:
         07/29/2008            From JOINT Committee on ECONOMIC
                               DEVELOPMENT AND EMERGING TECHNOLOGY:
                               Recommended substitution by New Draft. See H
                               5018.
         07/29/2008            To HOUSE Committee on STEERING, POLICY AND
                               SCHEDULING.
         07/29/2008            From HOUSE Committee on STEERING, POLICY AND
                               SCHEDULING. Reported for consideration by HOUSE.
         07/29/2008            In HOUSE. Rules suspended.
         07/29/2008            In HOUSE. Read second time.
         07/29/2008            In HOUSE. Committee Amendment adopted. See H
                               5018.

MA H 5035 AUTHOR:              House Ways and Means Committee
         TITLE:                Global Warming Solutions Act
         INTRODUCED:           07/30/2008
         DISPOSITION:          Pending
         LOCATION:             HOUSE
         SUMMARY:
         Establishes the Global Warming Solutions Act; provides for collaboration with
         other agencies to diminish the impact of climate change by achieving
         greenhouse gas emission limits; provides a civil administrative penalty for
         violations; relates to carbon dioxide equivalents, direct emissions, emissions
         from transportation fleets, reporting requirements, electric generating facility
         aggregate limits, alternative compliance, public hearings, credits for voluntary
         reductions and air quality standards.
         STATUS:
         07/30/2008            INTRODUCED.
         07/30/2008            New Text of S 2540.

MA H 5042 AUTHOR:              House Ways and Means Committee
         TITLE:                Particulate Matter Health Effects
         INTRODUCED:           07/31/2008
         DISPOSITION:          Pending
         LOCATION:             HOUSE
         SUMMARY:
         Requires the Bureau for Environmental Health within the Department of Public
         Health to conduct a comprehensive study of data on the health effects of
         particulate air pollution from surface transportation; provides that the study
         shall focus on understanding the health impacts from fine and ultrafine
         particulate matter upon populations that are located within a certain distance of
         any roadway with a specified number of motor vehicle trips per day, or any rail
         line regularly used by diesel locomotives.
         STATUS:
         07/31/2008            INTRODUCED.
         07/31/2008            Recommended New Draft for H 2227.

MA S 2523 AUTHOR:              Galluccio (D)
         TITLE:                Explosive Material Transportation Damages
         INTRODUCED:           02/28/2008
         LAST AMEND:           07/23/2008
                                              15

           DISPOSITION:          Pending
           LOCATION:             Replaced by New Draft
           SUMMARY:
           Relates to responsibility for damages resulting from the transportation of
           explosive and inflammable materials.
           STATUS:
           07/23/2008            From SENATE Committee on WAYS AND MEANS:
                                 Recommended substitution by New Draft. See S 2821.
           07/23/2008            In SENATE. Rules suspended.
           07/23/2008            In SENATE. Read second time.
           07/23/2008            In SENATE. Committee Amendment adopted. See S 2821.

MA S 2540 AUTHOR:                Senate Floor
           TITLE:                Global Warming Solutions Act
           INTRODUCED:           03/06/2008
           ENACTED:              08/07/2008
           DISPOSITION:          Enacted
           LOCATION:             Chaptered
           CHAPTER #:            298-2008
           SUMMARY:
           Establishes the Global Warming Solutions Act; establishes a regional greenhouse
           gas registry, requires electric generation facilities and certain stationary sources
           to report stack emissions, provide for voluntary reporting by other sources and
           ensures consistent record keeping; provides for a greenhouse gas emissions
           inventory; provides for greenhouse gas emissions limits to be phased in; allows
           consideration of market based compliance mechanisms that also consider toxic
           air contaminants.
           STATUS:
           08/07/2008            Signed by GOVERNOR.
           08/07/2008            Chapter No. 298-2008



MA S 2837 AUTHOR:                Senate Floor
           TITLE:                Explosive Material Transportation Damages
           INTRODUCED:           07/24/2008
           DISPOSITION:          Pending
           LOCATION:             House Third Reading
           SUMMARY:
           Provides that whoever owns or operates a motor vehicle transporting any
           hazardous article or material, shall be strictly liable for damages to the person or
           property of another caused by the release of any such hazardous article or
           material, including, but not limited to, damage caused by fire or explosion
           without proof of negligence; provides that the exercise of due care shall not
           excuse any owner or operator from strict liability for personal injuries or real or
           personal property damage caused thereby.
           STATUS:
           07/31/2008            From HOUSE Committee on STEERING, POLICY AND
                                 SCHEDULING. Reported for consideration by HOUSE.
           07/31/2008            In HOUSE. Rules suspended.
           07/31/2008            In HOUSE. Read second time.
           07/31/2008            In HOUSE. Ordered to third reading.

MO S 907   SPONSOR:              Engler (R)
           TITLE:                Motor Fuel Tanks
           INTRODUCED:           01/09/2008
           ENACTED:              07/10/2008
           DISPOSITION:          Enacted
           LOCATION:             Signed by Governor
                                              16

           SUMMARY:
           Establishes requirements pertaining to the reporting of releases and corrective
           action taken in response to underground petroleum storage tank releases;
           relates to determining landowner liability for remediation; modifies provisions
           regarding the Petroleum Storage Tank Insurance Fund and membership of the
           fund's Board of Trustees' advisory committee; relates to fees and records
           involved in transfers of interest in real property; relates to labeling of storage
           tanks which fail to meet certain requirements.
           STATUS:
           07/10/2008            Signed by GOVERNOR.

NC H 819   SAME AS:              NC S 844
           AUTHOR:               Allen L (D)
           TITLE:                Environmental Laws
           INTRODUCED:           03/15/2007
           ENACTED:              08/09/2008
           DISPOSITION:          Enacted
           LOCATION:             Chaptered
           CHAPTER #:            2008-208
           SUMMARY:
           Amends the requirements governing management of discarded computer
           equipment and televisions; makes conforming and technical changes; provides
           that television manufacturers must affix their name to all televisions they sell
           and create a recycling program for their televisions.
           STATUS:
           08/09/2008            Signed by GOVERNOR.
           08/09/2008            Session Law Number 2008-208

NC H 2498 SAME AS:               NC S 1936
           AUTHOR:               Allen L (D)
           TITLE:                Underground Storage Tank Program
           INTRODUCED:           05/26/2008
           ENACTED:              08/08/2008
           DISPOSITION:          Enacted
           LOCATION:             Chaptered
           CHAPTER #:            2008-195
           SUMMARY:
           Provides additional funds for the assessment and cleanup of releases and
           discharges of petroleum from underground storage tanks; increases the fees
           paid by owners and operators of commercial underground storage tanks; limits
           the time for an eligibility determination, requests for payment or reimbursement
           may be submitted to the department; relates to civil actions, clarification of
           financial responsibility, secondary containment, expedited assessment, cleanup
           pilot programs and site reclassification.
           STATUS:
           08/08/2008            Signed by GOVERNOR.
           08/08/2008            Session Law Number 2008-195
                                              17

NC S 847   SAME AS:              NC H 822
           AUTHOR:               Albertson (D)
           TITLE:                Agricultural Worker Pesticide Exposure
           INTRODUCED:           03/19/2007
           ENACTED:              08/11/2008
           DISPOSITION:          Enacted
           LOCATION:             Chaptered
           CHAPTER #:            2008-212
           SUMMARY:
           Adds agricultural workers to those protected against retaliation in the
           workplace; directs the pesticide board to adopt rules requiring licensed
           pesticide applicators to record the specific time of day when each
           pesticide application is completed, as recommended by the Governor's
           task force on preventing agricultural pesticide exposure.
           STATUS:
           08/11/2008            Signed by GOVERNOR.
           08/11/2008            Session Law Number 2008-212

NC S 1924 SAME AS:               NC H 2471
           AUTHOR:               Purcell (D)
           TITLE:                Carbon Monoxide Detectors
           INTRODUCED:           05/22/2008
           LAST AMEND:           07/07/2008
           DISPOSITION:          To Governor
           LOCATION:             To Governor
           SUMMARY:
           Authorizes the North Carolina building code council to study and adopt
           provisions in the building code pertaining to the installation of carbon monoxide
           detectors in certain single-family or multifamily dwellings; requires the
           installation of operational carbon monoxide detectors in certain residential rental
           property; provides for mutual obligations between landlords and tenants
           regarding the installation and upkeep of carbon monoxide detectors; makes
           conforming changes.
           STATUS:
           07/14/2008            RATIFIED for presentation.
           07/14/2008            *****To GOVERNOR.

ND D 161   AUTHOR:               Office of Legislative Council
(2009)     TITLE:                Workers Compensation Burden of Proof
           PREFILED:             06/17/2008
           DISPOSITION:          Pending
           LOCATION:             Filed
           SUMMARY:
           Concerns the burden of proof for workers' compensation; relates to
           presumptions for law enforcement officers and firefighters; provides for rebuttal.
           STATUS:
           06/17/2008            FILED.

NH H 1405 AUTHOR:                Shattuck (D)
           TITLE:                Wood Fired Boilers
           INTRODUCED:           01/02/2008
           ENACTED:              07/11/2008
           DISPOSITION:          Enacted
           LOCATION:             Chaptered
           CHAPTER:              362
           SUMMARY:
           Establishes requirements for the sale, installation, and use of outdoor wood-fired
           hydronic heaters to lessen their impact on air quality.
                                             18

           STATUS:
           07/16/2008           Chapter No. 362

NH H 1594 AUTHOR:               Snow (D)
           TITLE:               Hazardous Material Reporting Requirements
           INTRODUCED:          01/02/2008
           ENACTED:             07/11/2008
           DISPOSITION:         Enacted
           LOCATION:            Chaptered
           CHAPTER:             365
           SUMMARY:
           Establishes a commission to study the current methods of funding the hazardous
           waste and hazardous materials programs and to study the organizational
           structure of the regional hazardous response teams and their relationship to the
           state fire marshall's office.
           STATUS:
           07/16/2008           Chapter No. 365

NH S 522   AUTHOR:              Janeway (D)
           TITLE:               Biodiesel Producers and Distributors
           INTRODUCED:          01/02/2008
           ENACTED:             07/11/2008
           DISPOSITION:         Enacted
           LOCATION:            Chaptered
           CHAPTER:             381
           SUMMARY:
           Requires distributors of biodiesel who refines, distills, prepares, blends,
           manufactures, or purchases biodiesel on which the road toll has not been paid to
           be licensed by the Department of Safety; prohibits the sale or delivery of
           biodiesel not meeting the ASTM standard within the state; requires biodiesel
           distributors to keep records sufficient to demonstrate that all biodiesel sold
           within the state meets the applicable ASTM fuel quality standard for biodiesel.
           STATUS:
           07/16/2008           Chapter No. 381


NH S 528   AUTHOR:              Clark (D)
           TITLE:               Mercury Added Thermostat Collection Program
           INTRODUCED:          01/23/2008
           ENACTED:             07/11/2008
           DISPOSITION:         Enacted
           LOCATION:            Chaptered
           CHAPTER:             383
           SUMMARY:
           Establishes a mercury-added thermostat collection program; requires
           manufacturers of such thermostats to establish a collection and recycling
           program for out-of-service thermostats; provides for wholesaler collection sites;
           requires wholesalers to distribute point-of-sale instructions regarding the
           importance of recycling such thermostats; prohibits the installation of such
           thermostats; requires thermostats removed as a result of construction or
           renovation to be recycled or disposed of as hazardous waste.
           STATUS:
           07/16/2008           Chapter No. 383

NY A 11825 SPONSOR:             Assembly Rules Committee
           TITLE:               Toxic Substances in Cosmetics
           INTRODUCED:          08/13/2008
           DISPOSITION:         Pending
                                             19

          LOCATION:             Assembly Health Committee
          SUMMARY:
          Relates to cosmetics that contain toxic substances; requires the manufacturer of
          any lipstick sold in the State to report to the Department of Health and provide
          evidence to the department that the lipstick was tested and found to contain no
          more than an unavoidable trace of lead.
          STATUS:
          08/13/2008            INTRODUCED.
          08/13/2008            To ASSEMBLY Committee on HEALTH.

NY S 3712 SAME AS:              NY A 7702
          SPONSOR:              Maziarz (R)
          TITLE:                Sanctions Against Asbestos Contractors
          INTRODUCED:           03/14/2007
          ENACTED:              07/07/2008
          DISPOSITION:          Enacted
          LOCATION:             Chaptered
          CHAPTER:              229
          SUMMARY:
          Regulates asbestos projects; establishes sanctions against asbestos
          contractors and substantially owned-affiliated entities of such
          contractors, who violate certain licensing and certification requirements
          for asbestos handling; defines asbestos projects as work undertaken
          which involves removal, encapsulation, enclosure, repair of disturbance
          of friable or non-friable asbestos, or handling of asbestos material
          which may result in a release except for work in an owner occupied
          single family dwelling.
          STATUS:
          07/07/2008            Signed by GOVERNOR.
          07/07/2008            Chapter No. 229

NY S 7602 SPONSOR:              Lanza (R)
          TITLE:                Government Testing Fraud and Crane Inspectors
          INTRODUCED:           04/16/2008
          ENACTED:              08/05/2008
          DISPOSITION:          Enacted
          LOCATION:             Signed by Governor
          SUMMARY:
          Creates the crime of impairing the integrity of a government licensing
          examination; prohibits wrongfully altering or changing an applicants
          grade, causing a false grade to be entered into a government licensing
          registry, providing answers to current questions on an examination, or
          providing a copy of a current test; provides for the revocation of a crane
          inspector license for various reasons, including acceptance of a bribe or
          failure to inspect a crane for which an inspection report was filed.
          STATUS:
          08/05/2008            Signed by GOVERNOR.

NY S 8511 SPONSOR:              Bonacic (R)
          TITLE:                Solar and Fuel Cell Credit
          INTRODUCED:           06/13/2008
          DISPOSITION:          Pending
          LOCATION:             Assembly Ways and Means Committee
          SUMMARY:
          Establishes the Qualified Solar and Fuel Cell Manufacturer Facilities and
          Operations credit for manufacturers of solar energy equipment or fuel; provides
          for eligibility; provides that an eligible taxpayer must have a specified number of
          employees and a ratio of research and development funds to net sales;
                                             20

           establishes the expiration date of the film production tax credit, the commercial
           production credit, and the special transportation credit.
           STATUS:
           06/24/2008           From SENATE Committee on RULES.
           06/24/2008           Passed SENATE. *****To ASSEMBLY.
           06/24/2008           To ASSEMBLY Committee on WAYS AND MEANS.

NY S 8708 SPONSOR:              Senate Rules Committee
           TITLE:               Workers Compensation Self-Insurance
           INTRODUCED:          06/23/2008
           ENACTED:             06/30/2008
           DISPOSITION:         Enacted
           LOCATION:            Chaptered
           CHAPTER:             139
           SUMMARY:
           Amends the Workers' Compensation Law; relates to individual and group self-
           insurers and security for payment of compensation and a default offset fund;
           creates a task force on group self-insurance; relates to the duties of the group
           administrator; relates to the occupational health clinic network and advisory
           committees.
           STATUS:
           06/30/2008           Signed by GOVERNOR.
           06/30/2008           Chapter No. 139

NY S 8717 SPONSOR:              Marcellino (R)
           TITLE:               Brownfield Cleanup Program
           INTRODUCED:          06/24/2008
           ENACTED:             07/21/2008
           DISPOSITION:         Enacted
           LOCATION:            Chaptered
           CHAPTER:             390
           SUMMARY:
           Relates to the Brownfield Cleanup Program; relates to Brownfield
           Redevelopment Tax Credit; relates to certificates of completion for the program;
           establishes the state brownfields advisory board; relates to a brownfield credit
           report; relates to a Brownfield Cleanup Program report; relates to excluding
           acquisition costs of items that received a credit; relates to the transfer of the
           Brownfield Opportunity Area Program.
           STATUS:
           07/21/2008           Signed by GOVERNOR.
           07/21/2008           Chapter No. 390

OH EO 58   SPONSOR:             Office of the Governor
           TITLE:               Mine Safety Fund
           INTRODUCED:          07/01/2008
           LOCATION:            Filed with Secretary of State
           SUMMARY:
           (EXECUTIVE ORDER NO. 2008-16S) Provides for immediate adoption of rule to
           authorize the transfer of funds from the Coal Worker's Pneumoconiosis Fund to
           the Mine Safety Fund.
           STATUS:
           07/01/2008           INTRODUCED.


OH HJR 5   SPONSOR:             Sears (R)
           TITLE:               Environmental Conservation and Revitalization
           INTRODUCED:          05/12/2008
           ADOPTED:             05/28/2008
                                             21

           DISPOSITION:         Adopted
           LOCATION:            Adopted
           SUMMARY:
           Proposes an amendment to the Constitution to authorize the issuance of general
           and other obligations of the state to pay the costs relating to environmental and
           related conservation, preservation, and revitalization purposes.
           STATUS:
           05/28/2008           Passed SENATE.

PA H 1202 PN:                   4184
           AUTHOR:              Gerber (D)
           TITLE:               Biofuels
           INTRODUCED:          05/24/2007
           ENACTED:             07/10/2008
           DISPOSITION:         Enacted
           LOCATION:            Chapter
           ACT:                 2008-78
           SUMMARY:
           Provides for the study and mandated content of biofuels, including biodiesel,
           cellulosic ethanol and fuel derived from coal. Provides for volume standards and
           renewable content in gasoline and diesel. Provides for the Biofuel Development
           and In-State Production Incentive Act. Provides for coal-to-liquids substitution
           provided carbon emissions are fully offset through carbon sequestration or in
           carbon offset programs. Provides for emission standards. Provides for public
           hearings and an air quality study.
           STATUS:
           07/10/2008           Signed by GOVERNOR.
           07/10/2008           Act No. 2008-78

PA S 266   PN:                  1554
           AUTHOR:              Erickson (R)
           TITLE:               Potential Global Warming Report
           INTRODUCED:          03/08/2007
           ENACTED:             07/09/2008
           DISPOSITION:         Enacted
           LOCATION:            Chapter
           ACT:                 2008-70
           SUMMARY:
           Provides for a report on potential climate change impacts and economic
           opportunities for the Commonwealth, for duties of the Department of
           Environmental Protection, for an inventory of greenhouse gases, for the
           establishment of a climate change advisory committee, for a voluntary registry
           of greenhouse gas emissions and for a climate change action plan.
           STATUS:
           07/09/2008           *****To GOVERNOR.
           07/09/2008           Signed by GOVERNOR.
           07/09/2008           Act No. 2008-70
                                              22

RI H 7523 AUTHOR:              Walsh (D)
         TITLE:                Global Warming Index Vehicle Sticker
         INTRODUCED:           02/19/2008
         ENACTED:              07/05/2008
         DISPOSITION:          Enacted
         LOCATION:             Chaptered
         CHAPTER #:            2008-218
         SUMMARY:
         Relates to global warming index stickers; requires automobile and light-
         truck manufacturers to affix a label on all new vehicles offered for sale
         contain a global warming index detailing its carbon dioxide and other
         global warming gases. This act would take effect upon passage.
         STATUS:
         07/05/2008            Became law without GOVERNOR'S signature.
         07/05/2008            Public Law No. 2008-218

SC H 3880 AUTHOR:              Smith W (R)
         TITLE:                Brownfields Voluntary Cleanup Program
         INTRODUCED:           04/12/2007
         ENACTED:              06/11/2008
         DISPOSITION:          Enacted
         LOCATION:             Chaptered
         ACT:                  342.
         SUMMARY:
         Relates to the Brownfields/Voluntary Cleanup Program; revises liability
         protection provided to parties not responsible for environmental contamination
         of property who subsequently become responsible for the property; clarifies
         scope of a covenant not to sue provided to parties responsible for environmental
         contamination of property; specifies that property on to which a release of
         petroleum products occurred is eligible for participation; relates to voluntary
         cleanup contracts and tax credits.
         STATUS:
         07/11/2008            Act No. 342.

VA S 6017 AUTHOR:              Cuccinelli (R)
b         TITLE:               Elevators and Chairlifts
         INTRODUCED:           06/23/2008
         ENACTED:              07/24/2008
         DISPOSITION:          Enacted
         LOCATION:             Chaptered
         CHAPTER:              9.
         SUMMARY:
         Relates to Board for Contractors; provides for the Board for Contractors to
         extend the time for compliance with the elevator mechanic certification
         requirements for individuals who install, service, or repair chairlifts or other
         vertical conveyances intended for residential use only.
         STATUS:
         07/24/2008            Signed by GOVERNOR.
         07/24/2008            Acts of Assembly. Chapter No. 9.
                                             23


               AMERICAN SOCIETY OF SAFETY ENGINEERS
        CALIFORNIA GOVERNMENTAL AFFAIRS COMMITTEE (CGAC)
              CAL/OSHA ADVISORY COMMITTEE REPORT

To:    CGAC Committee Members

This CGAC report outlines the July 10, 2008 CAL/OSHA (DOSH) Advisory Committee
meeting which was held at the Los Angeles Department of Water and Power HQ in Los
Angeles. The topics discussed included the following:

      I. DOSH ADMINISTRATIVE and ENFORCEMENT REPORTS:

       DOSH Deputy Chief of Enforcement Vicky Heza started the meeting at 9:30 am
       and presented the DOSH Administrative and Enforcement reports:

       A. The focus of the reports was on the recent agricultural fatal heat stress
          incidents and DOSH enforcement actions of the Heat Illness Prevention
          Standard T8 CCR 3395. There have been two confirmed heat related fatalities
          and four suspected heat related fatal cases.

       B. DOSH has issued Orders to Prohibit Use (OPU) to Farm Labor Contractors
          who failed to provide shade and water as required by the Heat Illness
          Prevention Standard. The OPU prohibits employees from being exposed to
          specific hazards.

       C. NOTE: Information on Heat Illness prevention is on the DOSH web site @
          http://www.dir.ca.gov/DOSH/HeatIllnessInfo.html including a letter, dated July 9,
          2008, from Director John Duncan to California agricultural organizations
          which are sponsoring a program, including a training schedule, for Farm
          Labor Contractors called “Heat Stress in Agriculture.”.

       D. In addition, there is a Video message on Heat Illness Prevention from
          Cal/OSHA Chief Len Welsh @ http://gov.ca.gov/index.php?/videoblog/9624/

       E. There is also ongoing dialogue with various construction organizations
          regarding Heat Illness and there have been 570 DOSH heat inspections.

      II. RESEARCH AND HEALTH STANDARDS REPORT

       Supervising IH Steve Smith gave the Research and Health Standards Report.


       A. There will be a meeting of the Standards Board on August 21, 2008, at 10:00
          a.m., in the Auditorium of the State Resources Building, 1416 9th Street,
          Sacramento, California, to discuss the proposed Aerosol Transmissible
          Diseases Standards.
                                           24




  B. There will be an Friday September 5, 2008 9:30 a.m. meeting of the Health
     Expert Advisory Committee (HEAC) for PELs at the Elihu Harris State
     Building, 1515 Clay Street, 13th floor, Room 1304, Oakland, CA. The major
     items planned for this meeting are a discussion of acids. New substances will
     be posted on the web site.
  C. The new standard on dry cutting of concrete masonry has been sent back to
     the Standards Board.

IV. RESEARCH AND SAFETY STANDARDS REPORT

  DOSH Principal Safety Engineer Larry McCune gave the report.

  A. A problem was reported with lack of electrical equipment approvals on
     construction personnel hoists, in that electrical equipment is not properly
     labeled or verified for wet locations.

       B. There also have been problems reported with tower cranes with
          questionable components.

  C. Work is also underway on a number of standards issues including:
               a.   July 30 will be the effective date of new table saw regulations.
               b.   Welding and bolting will be permitted during structural steel erection
                    providing it’s structurally safe.
               c.   Fall protection for outdoor advertising signs.
               d.   Oven inspections in bakery standards
               e.   ANSI standards on two blocks of cranes.
               f.   Pneumatic nailers.
               g.   GISO 4999 on handling crane loads.

V. CONSULTATION SERVICE REPORT

  Consultation Area Manager Kelly Howard gave the Consultation Service report.

  A. The Consultation Service has initiated extensive outreach seminars in
     conjunction with the State Compensation Insurance Fund in publicizing the
     Heat Illness Standard. They held 44 Heat Illness Prevention seminars last year
     and have scheduled 35 seminars this year.

  B. The Consultation Service has initiated extensive outreach on fleet safety
     issues using 3 hour seminars in conjunction with the State Compensation
     Insurance Fund and the California Highway Patrol.
                                                25


      VI. DOSH LEGAL UNIT REPORT
         DOSH Chief Counsel Mike Mason gave both a Litigation Report, and a
         Legislative Report, each dated July 10, 2008. The legislative report includes
         the position of the Schwarzenegger administration on individual legislative bills.
         Copies of the Litigation and Legislative reports are attached to this report.

   VII. APPEALS BOARD REPORT
       The Appeals Board Report was given by Candice Traeger, Chairperson of the
       Appeals Board

         Candice Traeger gave a presentation on the reduction of the appeals backlog.
         Three slides from her PowerPoint presentation on the backlog of appeals are
         attached to this report.

  VIII. STANDARDS BOARD REPORT

         The Standards Board Report was given by DOSH Deputy Chief of Enforcement
         Vicky Heza

       A.     Notice of advisory committee meetings
8 CCR                                                                                             Staff
                               Subject                       Meeting dates & locations
Section                                                                                          Contact
 3277 Fixed ladders                                         July 23 , 2008                      Conrad
                                                            9:00 a.m.                           Tolson
                                                            Division of Occupational Safety and
            Meeting announcements and documents             Health Conference Room
                                                                                                (916)
                                                            2211 Park Towne Cirle, Suite 5      274-5722
                                                            Sacramento, CA 95825



       B.     The next Standards Board meeting will be on July 17, 2008, at 10:00 a.m., at
              the Costa Mesa City Council, 77 Fair Drive. Council Chambers, Costa Mesa, CA 94626
              The Board will consider revisions of General Industry Safety Orders; Section
              3248 Mechanical Refrigeration; and Section 4999 Properly Rigged (Handling
              Loads)

Sincerely,

Thomas Butler
ASSE Representative
CAL/OSHA Advisory Committee
July 14, 2008

Cc:      California ASSE Chapter Presidents
         Terrie Norris, Region I VP.
         Bob Howarth, Region I, ARVP
         Dave Heidorn, Manager ASSE Government Affairs
                                              26


DOL proposes change in workplace safety rulemaking
Posted On: Aug. 29, 2008 1:45 PM CST

Jeff Casale


WASHINGTON—The U.S. Department of Labor is proposing a new rule that would
require the agency to seek out additional public comment and scientific data on a
workplace health hazards before issuing a rule change.

The Labor Department has proposed to issue an Advance Notice of Proposed
Rulemaking, which would solicit public information and relevant scientific data "when
developing risk assessments for health standards regulating occupational exposure to
toxic substances and hazardous chemicals." The department claims this will aid in
protecting workers' health, while critics say it is a "secret rule" designed to do the exact
opposite.

The proposed rule, which is available through the U.S. Labor Department's Federal
Register Web site at http://edocket.access.gpo.gov, says the department will be using the
submitted information to gauge the "frequency, intensity and duration of exposure (of a
harmful substance) to workers in affected industries and occupations" before issuing a
new health rule and standard.

Critics of the rule, which include the AFL-CIO and U.S. Rep. George Miller, D-Calif.,
chairman of the House Education and Labor Committee, said this is an attempt by the
Bush administration to "weaken future workplace health and safety regulations and slow
their enactment."

"Congress will not stand for any backdoor effort by the political appointees to further
cripple our nation's ability to respond to vital health and safety concerns," said Rep.
Miller in a statement released in July when he and Sen. Edward Kennedy, D-Mass.,
introduced a bill that would prohibit the Labor Department's proposal. "This entire effort
is the product of a flawed, politicized process that has failed to properly consider the
views of experts or the consequences of workplace health."

The Labor Department noted that it does not have to seek out public input when issuing a
rule change, but stated that it is trying create "transparency and easy public access" to all
rulemaking information in this instance. The department added that it is not trying to
weaken current rules or impede the process of setting new standards.

Comments on the on the new rule must be submitted by Sept. 29. Comments can be
submitted at www.regulations.gov.
                                                    27


International

EU-OSHA Launches Risk Assessment Campaign
The European Agency for Safety and Health at Work (EUOSHA) has launched “Healthy Workplaces.
Good for you. Good for business,” a Europe-wide information campaign on risk assessment. The
campaign focuses on high-risk sectors, such as construction, healthcare and agriculture, and on the needs of
small and medium-sized enterprises. It will run from 2008-2009.
Under European Union (EU) law, all employers in the EU are required to conduct risk assessments. Risk
assessment helps employers understand the actions they must take to improve workplace health and safety.
The Healthy Workplaces campaign highlights the need for risk assessment in line with the Community
Strategy for Health and Safety at Work (2007-2012), which aims to cut work-related accidents over this
period by one quarter across the EU.
—Adapted from EU-OSHA news release, “Reducing Work-
Related Accidents and Illnesses Through Better Risk
Assessment,” June 13, 2008.
http://osha.europa.eu/en



New ISO Standard Helps Manage Risk in Cold Workplaces
A new ISO standard provides a comprehensive methodology for assessing risk and managing work in cold
environments.
 “Ergonomics of the Thermal Environment—Cold Workplaces—Risk Assessment and Management”
 (ISO 15743:2008) has been developed to describe the methods and practices for assessing and managing
occupational health and performance risks in cold workplaces.
                                               28


<><><><><><>
 National & World Ag News Headlines
AFBF: EPA Lacks Legal Authority in Dust Case
USAgNet - 09/17/2008

The American Farm Bureau Federation yesterday told a circuit court of appeals that the
Environmental Protection Agency does not have the legal authority to regulate agricultural dust
under the Clean Air Act.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit heard oral
argument from AFBF and other parties both challenging and defending the EPA's National
Ambient Air Quality Standards for particulate matter in American Farm Bureau Federation et. al v.
EPA.

Today's proceedings are the final stage of a two-year legal battle over whether EPA's NAAQS
violated the Clean Air Act. AFBF argued that EPA's own studies did not show that agricultural
dust caused the adverse health effects that trigger Clean Air Act regulation.

Further, said AFBF General Counsel Julie Anna Potts, "The Clean Air Act does not require
agricultural dust to be regulated by the same standard as urban particulate matter. Congress
requires EPA to support its NAAQS with science and thus far they have not met that burden for
agricultural dust," said Potts.

The American Farm Bureau, the National Pork Producers Council and the National Cattlemen's
Beef Association had 15 minutes today at the proceedings to provide additional argument and
answer the panel's questions.

AFBF initiated the case in 2006 because regulation of agricultural dust would place a burden on
producers and the importance of ensuring that stringent Clean Air Act requirements are lawfully
enacted.
                                       29


EPA to deny perchlorate standards
Published: Sept. 22, 2008 at 8:00 AM


WASHINGTON, Sept. 22 (UPI) -- The U.S. Environmental Protection
Agency will deny calls to set drinking water safety standards for the
chemical perchlorate, documents show.

The federal agency says there's no need to legally regulate the
chemical, a component of rocket fuel found in soil and groundwater
that affects thyroid development in newborns and young children, a
draft of the decision, obtained by The Washington Post (NYSE:WPO),
recommends.

Environmentalists and child safety advocates have been battling for
six years to force the EPA to set drinking water standards for
perchlorate, saying 20 million to 40 million people are exposed to
the chemical at levels that some scientists consider unsafe.
However, the U.S. Defense Department and White House officials
oppose setting perchlorate standards saying cleanup costs would be
prohibitive, the Post said.

The newspaper said the EPA's draft document denying the
regulation was heavily edited by the U.S. Office of Management and
Budget, removing references to studies showing how exposure to
perchlorate can affect IQ and behavioral problems in children.

"They have distorted the science to such an extent that they can
justify not regulating" the chemical, Robert Zoeller, a University of
Massachusetts professor who specializes in thyroid hormone and
brain development, told the Post.
                                             30


(07-24) 04:00 PDT Sacramento - --

California, six other Western states and four Canadian provinces launched plans on
Wednesday for one of the world's largest carbon-trading systems, a sweeping effort to cut
greenhouse gas emissions that contribute to global warming.



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The North American program, like a similar market-based system in Europe, focuses on
heavy polluters such as electric utilities, oil refineries and large industrial and commercial
facilities.

Environmental groups immediately questioned whether the plan will be tough enough on
polluters, while industry groups said the program lacks details.

California officials said the proposal will be an integral part of the Golden State's
ambitious goal of reducing greenhouse gas emissions by 30 percent by 2020, as required
by the landmark legislation AB32 that the Legislature approved and Gov. Arnold
Schwarzenegger signed in 2006.

"We very much believe this supports California's own plan to grow the economy and
protect the environment," said Linda Adams, secretary of the California Environmental
Protection Agency.

The draft plan is a key component of the Western Climate Initiative, a partnership created
in February 2007 among the governors of California, Arizona, New Mexico, Oregon and
Washington to curb global warming.

The group - which has added Utah and Montana, along with the Canadian provinces of
Manitoba, Quebec, British Columbia and Ontario - has set a regional goal to reduce
greenhouse gas emissions by 15 percent of 2005 levels by 2020.

Under the plan, industries would be required to begin reporting emission levels beginning
in 2011 to allow participating governments to agree on the maximum level of emissions
for the region when the program begins in 2012.
                                            31


Template for other states

Final recommendations are to be adopted by end of the year and will be used as a
template for states to develop their own systems that would link up with others in the
Western Climate Initiative.

The California Air Resources Board, which is responsible for implementing AB32,
released a blueprint last month that included such ideas as requirements for cleaner cars,
more energy-efficient appliances, less-polluting fuels and more reliance on wind and
solar energy.

But the air board's preliminary recommendations also cited the need to work with states
and provinces in the Western Climate Initiative to develop a cap-and-trade program,
under which heavy-polluting firms would buy carbon credits from less-polluting
companies.

The air board said such a system would account for as much as 20 percent of California's
projected reductions in carbon emissions. Mary Nichols, who chairs the board, has said a
broader market would be more effective than a statewide one.

While the formation of the North American partnership has been applauded by both
industry and environmental groups, the proposal received mixed reviews Wednesday.

Gary Stern, Southern California Edison's director of market strategy and resource
planning, said he wished the 10-page document had specified how states would initially
distribute carbon credits, which can be used in place of reducing emissions.

Cap-and-trade program

"In any type of cap-and-trade program, we're ultimately going to be concerned with what
the cost to customers is going to be," he said.

But Stern said he liked the program's aim to include many types of industries, unlike the
Regional Greenhouse Gas Initiative, a similar program among 10 Northeastern states that
targets only electric utilities.

The European Union's system to cut greenhouse gases, the only other regional cap-and-
trade program, got off to a rough start because the emissions cap was too high and
companies were awarded carbon credits for free, said Erin Rogers, California outreach
coordinator for the Union of Concerned Scientists, an environmental group.

The result was that the high emissions cap meant most companies weren't required to cut
emissions, while the flood of free carbon credits made them virtually worthless, Rogers
said.
                                                   32


The European Union has since tried to fix its system by resetting the cap and requiring
companies to buy carbon credits through an auction system, Rogers said, a lesson for
California and other jurisdictions.

Potential problems

Environmentalists said the Western Climate Initiative's draft plan does not clearly state
whether carbon credits would be given away for free or sold in an auction.

Another potential problem, they said, is the draft plan's emphasis on offsets, a program
under which polluters could emit greenhouse gases above the capped level by purchasing
carbon credits from groups or businesses with environmental programs such as
reforestation or mega-dairies that capture methane gases for energy use.

Jason Barbose, global warming advocate for Environment California, said that under the
draft plan, industries may be able to meet all their emissions requirements by purchasing
offsets.

"It would be far better to require power companies and oil companies to invest in clean
energy and better transit than to pay someone else in some other country to reduce their
pollution instead," he said.

Sweeping plan to curb emissions

The Western Climate Initiative, a partnership of seven Western states and four Canadian
provinces, creates a regional system to help curb greenhouse gas emissions.

How it would work: The partnership will decide which businesses to regulate, how
carbon credits will be awarded to firms and whether to use offsets programs allowing
polluters to receive emissions credits by funding environmental projects such as
reforestation.

What's next: The group will hold a series of workshops in coming weeks to gain public
comment and the plan will be finalized by December.

Read the plan: www.westernclimateinitiative.org.

Chronicle staff writer David Baker contributed to this report. E-mail Matthew Yi at myi@sfchronicle.com.

This article appeared on page A - 1 of the San Francisco Chronicle
                                                  33


10 Northeast State to Auction Carbon Credits

The Regional Greenhouse Gas Initiative, a group of 10 northeast and mid-
Atlantic states that formed the first U.S. carbon market in an attempt to slow
global warming, will hold its first carbon credit auction on September 25.

New York, which founded RGGI under previous governor George Pataki, did not
finalize rules in time for the first auction.

The state, one of the largest polluters in the pact, is now slated to participate in
the December auction after the New York State Energy Research Development
Authority on Monday adopted regulations on carbon auctioning.

NYSERDA spokesman Tom Lynch said the approval will be in full force early
next month.

RGGI will regulate emissions of carbon dioxide, the main greenhouse gas, at
power plants starting next year. The auctions will offer polluters permits to emit
the gas.

Experts have said demand for carbon credits should be thin in the first RGGI
auction because the region's emissions in 2007 were below the cap the group set
on emissions of 188 million tons of carbon dioxide.

In addition, emitters have three years to comply with their carbon limits, so many
of them may wait out the first auctions, they said.

The other nine participating states are Connecticut, Delaware, Maine, Maryland,
Massachusetts, New Hampshire, New Jersey, Rhode Island, and Vermont.

(Reporting by Timothy Gardner, editing by Marguerita Choy)

				
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