HF 1619

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; providing protection of drinking 
  1.3             water from chemicals found to cause cancer or 
  1.4             reproductive toxicity; requiring a warning for 
  1.5             exposure to chemicals known to cause cancer and 
  1.6             reproductive toxicity; proposing coding for new law in 
  1.7             Minnesota Statutes, chapter 144. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [144.3711] [HEALTH PROTECTION RIGHTS.] 
  1.10     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
  1.11  section, the following terms have the meaning given. 
  1.12     (b) "Person in the course of doing business" does not 
  1.13  include any person employing fewer than ten employees in the 
  1.14  person's business; any local unit of government or any 
  1.15  department or agency thereof, the state or any department or 
  1.16  agency thereof, or the federal government or any department or 
  1.17  agency thereof; or any entity in its operation of a public water 
  1.18  system. 
  1.19     (c) "Significant amount" means any detectable amount except 
  1.20  an amount that would meet the exemption test in subdivision 3, 
  1.21  paragraph (b), clause (3), if an individual were exposed to that 
  1.22  amount in drinking water. 
  1.23     (d) "Source of drinking water" means either a present 
  1.24  source of drinking water or water that is identified or 
  1.25  designated in a local water plan as being suitable for domestic 
  1.26  or municipal uses. 
  2.1      (e) "Threaten to violate" means to create a condition in 
  2.2   which there is a substantial probability that a violation will 
  2.3   occur. 
  2.4      (f) "Warning" within the meaning of subdivision 3 need not 
  2.5   be provided separately to each exposed individual and may be 
  2.6   provided by general methods such as labels on consumer products, 
  2.7   inclusion of notices in mailings to water customers, posting of 
  2.8   notices, placing notices in public news media, and the like, 
  2.9   provided that the warning accomplished is clear and reasonable.  
  2.10  In order to minimize the burden on retail sellers of consumer 
  2.11  products, including foods, regulations implementing subdivision 
  2.12  3 shall, to the extent practicable, place the obligation to 
  2.13  provide any warning materials such as labels on the producer or 
  2.14  packager rather than on the retail seller, except where the 
  2.15  retail seller itself is responsible for introducing a chemical 
  2.16  known to the state to cause cancer or reproductive toxicity into 
  2.17  the consumer product in question. 
  2.18     Subd. 2.  [PROHIBITION ON CONTAMINATING DRINKING WATER WITH 
  2.19  CHEMICALS KNOWN TO CAUSE CANCER OR REPRODUCTIVE TOXICITY.] (a) 
  2.20  No person in the course of doing business shall knowingly 
  2.21  discharge or release a chemical known to the state to cause 
  2.22  cancer or reproductive toxicity into water or onto or into land 
  2.23  where such chemical passes or probably will pass into any source 
  2.24  of drinking water, notwithstanding any other provision or 
  2.25  authorization of law except as provided in this section.  
  2.26     (b) This subdivision does not apply to: 
  2.27     (1) any discharge or release that takes place less than 20 
  2.28  months subsequent to the listing of the chemical in question on 
  2.29  the list required to be published under subdivision 4; or 
  2.30     (2) any discharge or release that meets both of the 
  2.31  following criteria: 
  2.32     (i) the discharge or release will not cause any significant 
  2.33  amount of the discharged or released chemical to enter any 
  2.34  source of drinking water; and 
  2.35     (ii) the discharge or release is in conformity with all 
  2.36  other laws and with every applicable regulation, permit, 
  3.1   requirement, and order. 
  3.2      Subd. 3.  [REQUIRED WARNING BEFORE EXPOSURE TO CHEMICALS 
  3.3   KNOWN TO CAUSE CANCER OR REPRODUCTIVE TOXICITY.] (a) No person 
  3.4   in the course of doing business shall knowingly and 
  3.5   intentionally expose any individual to a chemical known to the 
  3.6   state to cause cancer or reproductive toxicity without first 
  3.7   giving clear and reasonable warning to such individuals, except 
  3.8   as provided in this section. 
  3.9      (b) This subdivision does not apply to an exposure: 
  3.10     (1) for which federal law governs warning in a manner that 
  3.11  preempts state authority; 
  3.12     (2) that takes place less than 12 months subsequent to the 
  3.13  listing of the chemical in question on the list required to be 
  3.14  published under subdivision 4; or 
  3.15     (3) for which the person responsible can show that the 
  3.16  exposure poses no significant risk assuming lifetime exposure at 
  3.17  the level in question for substances known to the state to cause 
  3.18  cancer and that the exposure will have no observable effect 
  3.19  assuming exposure at 1,000 times the level in question for 
  3.20  substances known to the state to cause reproductive toxicity, 
  3.21  based on evidence and standards of comparable scientific 
  3.22  validity to the evidence and standards that form the scientific 
  3.23  basis for the listing of such chemical under subdivision 4. 
  3.24     Subd. 4.  [CHEMICALS KNOWN TO CAUSE CANCER OR REPRODUCTIVE 
  3.25  TOXICITY.] (a) The commissioner of health shall publish a list 
  3.26  of chemicals known to the state to cause cancer, birth defects, 
  3.27  or reproductive harm and shall revise and republish the list at 
  3.28  least every two years after the effective date of this section. 
  3.29     (b) The commissioner shall find that a chemical is known to 
  3.30  the state to cause cancer or reproductive toxicity and add the 
  3.31  chemical to the list if: 
  3.32     (1) the commissioner finds that the chemical has been 
  3.33  clearly shown through scientifically valid testing according to 
  3.34  generally accepted principles to cause cancer or reproductive 
  3.35  toxicity; 
  3.36     (2) an organization considered by the commissioner to be 
  4.1   authoritative has formally identified the chemical as causing 
  4.2   cancer or reproductive toxicity; or 
  4.3      (3) an agency of the state or federal government has 
  4.4   formally required the chemical to be labeled or identified as 
  4.5   causing cancer or reproductive toxicity. 
  4.6      (c) The commissioner shall utilize the list developed under 
  4.7   the California health and safety code, section 25249.8, as an 
  4.8   initial list. 
  4.9      [EFFECTIVE DATE.] This section is effective the day 
  4.10  following final enactment.