PUBLIC FORUM: 08.22.13 – Federal Chemical Safety and Improvement Act doesn’t keep Californians safe.

Californians have repeatedly expressed desire for the state to protect them from harmful chemicals. We have approved initiatives that require transparency about harmful chemicals in consumer products. We have supported laws evaluating the risks of potential toxins and establishing firm restrictions on verified toxic substances. We enjoy some of the most comprehensive policies in the country for regulating toxic chemicals.

Why, then, should Californians be subject to a federal law that would undo decades of careful policymaking?

Congress is currently considering legislation called the Chemical Safety and Improvement Act, which proponents argue will protect Americans from harmful chemicals. While it’s true the nation’s toxic substance laws need reforms, this act includes broad preemptions that prevent states from acting to address risks of potentially toxic substances. The act would prevent California and other states from enforcing laws and establishing new rules. Sen. Barbara Boxer is fighting to remove the objectionable portions of the act, since this federal effort appears to be an attempt to circumvent the state’s strong protections.

Our state has a long history of passing stringent laws that protect Californians. In 1986, California voters passed the Safe Drinking Water and Toxic Enforcement Act through Proposition 65 in order to decrease California’s exposure to toxic substances known to cause cancer, birth defects and reproductive harm by requiring labels for consumer products and prohibiting businesses from discharging harmful chemicals into drinking water sources. The California Safe Cosmetics Act, enacted in 2005, requires manufacturers of cosmetics sold in California to identify products containing chemicals known or suspected to cause cancer or reproductive harm. Californians enjoy protections from certain toxic flame retardants, mercury, asbestos and other substances through various bans. The federal act would invalidate all or parts of these and other critical California laws.

As a state legislator, I can’t vote on this in Congress. I’ve introduced a resolution in the legislature denouncing this attempt to sidestep state laws. Assembly Joint Resolution 30 implores the president and Congress to object to the current version of the Chemical Safety and Improvement Act. A broad coalition of elected officials, including California Attorney General Kamala Harris, as well as environmental, health, and consumer safety organizations support my resolution.

The federal government grants states the ability to exercise powers to protect public safety, but the act flies in the face of this important state right. In addition to invalidating some of our most effective laws, it could set a damaging precedent for more federal legislation to preempt other landmark laws. Please contact your congressional representative and urge them to vote against this destructive measure.

MARK STONE (D-29) represents portions of Monterey, Santa Cruz and Santa Clara counties in the California State Assembly.