BILL REQ. #:  S-0266.1 

Read first time 01/10/2005.   Referred to Committee on Water, Energy & Environment.

     AN ACT Relating to toxic exposures reporting and tracking review panel; and adding new sections to chapter 70.104 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds that there is a well-established link between toxic chemical exposure, human health, and environmental impacts. The widespread use of chemicals in our society has resulted in an increased demand for full-scale health investigations, assessment of resource damages, and health effects information. Increased reporting, comprehensive unbiased investigation capability, and enhanced community education efforts are required to maintain this state's responsibilities to provide for public health and safety.
     It is the intent of the legislature that the various state agencies responsible for chemical use and regulation coordinate their activities in a timely manner to ensure adequate monitoring of chemical use and protection of workers, adults, and children from the effects of toxic chemical exposure.

NEW SECTION.  Sec. 2   (1) There is hereby created a toxics exposure reporting and tracking review panel consisting of the following members:
     (a) The directors, secretaries, or designees of the departments of labor and industries, agriculture, natural resources, fish and wildlife, transportation, social and health services, and ecology;
     (b) The secretary of the department of health or his or her designee, who shall serve as the coordinating agency for the review panel;
     (c) The chair of the department of environmental and occupational health sciences of the University of Washington, or his or her designee;
     (d) The chair of program in environmental science and regional planning at Washington State University, or his or her designee;
     (e) A representative of the Washington poison control center network;
     (f) A practicing toxicologist and a member of the general public, who shall each be appointed by the governor for terms of two years and may be appointed for a maximum of four terms at the discretion of the governor. The governor may remove either member prior to the expiration of his or her term of appointment for cause. Upon the death, resignation, or removal for cause of a member of the review panel, the governor shall fill such vacancy, within thirty days of its creation, for the remainder of the term in the manner prescribed in this section for appointment to the review panel.
     (2) The review panel shall be chaired by the secretary of the department of health, or the secretary's designee. The members of the review panel shall meet at least monthly at a time and place specified by the chair, or at the call of a majority of the review panel.
     (3) Members of the review panel shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

NEW SECTION.  Sec. 3   The responsibilities of the toxics exposure reporting and tracking review panel include, but are not limited to:
     (1) Establishing guidelines for centralizing the receipt of information relating to actual or alleged health and environmental incidents involving toxic chemicals;
     (2) Reviewing and making recommendations to the department of health and the department of ecology or to the appropriate legislative committees for procedures for monitoring exposure to chemicals, which shall be implemented by the appropriate agency unless a written statement providing the reasons for not adopting the recommendations is provided to the review panel;
     (3) Monitoring chemical use, possible health effects, and advice on possible alternatives;
     (4) At the request of the chair or any panel member, reviewing exposure to chemicals of unusual complexity or those that cannot be resolved;
     (5) Identifying links between chemical exposure and human health;
     (6) Identifying inadequacies in state or federal law that result in insufficient protection of public health and safety, with specific attention to advising the appropriate agencies on the adequacy of chemical toxicity data established by the appropriate federal agency to protect the health and safety of children and adults. The panel shall establish a priority list for reviewing toxic chemicals, which considers the following criteria:
     (a) Whether the chemical is being widely used by industry or residents of Washington;
     (b) Whether another state has established a policy on use that is different than the existing federal standards;
     (c) The toxicity category of the chemical under federal law, including persistence and bioaccumulation;
     (d) Whether the chemical has been identified by a federal or state agency or through a scientific review as presenting a risk of cancer, birth defects, genetic damage, neurological effects, blood disorders, sterility, menstrual dysfunction, organ damage, or other chronic or subchronic effects; and
     (e) Reports or complaints of ill effects from the chemical exposure in the workplace, home, or school;
     (7) Reviewing and approving an annual report prepared by the department of health to the governor, agency heads, and members of the legislature and made available to the public. The report shall include, at a minimum:
     (a) A summary of the year's activities;
     (b) A synopsis of the chemical exposure to residents of Washington;
     (c) A separate descriptive listing of each case in which adverse health or environmental effects due to chemicals were found to occur;
     (d) A tabulation of the data from each case;
     (e) An assessment of the effects of chemical exposure on children;
     (f) The identification of trends, issues, and needs; and
     (g) Any recommendations for improved or reduced chemical use.

NEW SECTION.  Sec. 4   In addition to the responsibilities in section 3 of this act, the toxic exposures reporting and tracking review panel shall:
     (1) Identify alternatives to persistent, bioaccumulative toxins used in manufacturing conducted in Washington state;
     (2) Work with Washington state businesses to move to least toxic methods and products;
     (3) Work with businesses, state agencies, and recycling companies to address end-of-life issues, and to formulate recommendations and strategies;
     (4) Function as an information clearinghouse to share information to agencies, businesses, researchers, and students on persistent, bioaccumulative toxins, health, and the environment; and
     (5) Provide expert consultation to government, businesses, and others concerning persistent, bioaccumulative toxins, health, and the environment.

NEW SECTION.  Sec. 5   Sections 1 through 4 of this act are each added to chapter 70.104 RCW.