(a) The California Environmental Protection Agency shall coordinate all requests for information from manufacturers made pursuant to this section on behalf of the state agencies.
(b) In coordinating the requests made pursuant to this section, the California Environmental Protection Agency shall seek to accomplish the following objectives:
Terms Used In California Health and Safety Code 57019
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
(1) Minimize or eliminate duplicate requests for the same or similar information.
(2) Coordinate with manufacturers of the same chemical to develop and submit the requested information in an equitable and resource-efficient manner.
(3) To the extent practicable minimize the cost burden on individual manufacturers.
(4) Maintain a record of requests made pursuant to this section.
(c) A state agency, before requesting any information from a manufacturer pursuant to subdivision (d), shall do all of the following:
(1) Post on its Internet Web site and the Internet Web site of the California Environmental Protection Agency an announcement that it seeks information pursuant to subdivision (d), including the chemical for which it seeks information, the type of information it is seeking, and the reason for seeking the information.
(2) Conduct a search for the information it seeks of all known public sources of information on the chemicals for which an announcement has been posted pursuant to paragraph (1). All known public sources include public and electronically searchable databases maintained by the federal government, state governments, and intergovernmental organizations.
(3) Make reasonable attempts to contact all manufacturers of chemicals listed for which an announcement has been posted pursuant to paragraph (1) to obtain any relevant information that may be held by those manufacturers but is not publicly available.
(4) Make reasonable attempts to consult with all manufacturers of chemicals listed for which an announcement has been posted pursuant to paragraph (1) to determine what additional information, if any, those manufacturers need to develop to assist the state agency in evaluating the fate and transport of those chemicals in the relevant matrices.
(5) Make reasonable attempts to consult with all manufacturers to evaluate the technical feasibility of developing the information requested by the agency.
(d) (1) A state agency may request a manufacturer to provide additional information on a chemical for which an announcement has been posted pursuant to paragraph (1) of subdivision (c).
(2) Upon request of a state agency, the manufacturer, within one year, shall provide the state agency with the additional information requested for the specified chemical.
(3) The information that the state agency requests may include, but is not limited to, any of the following:
(A) An analytical test method for that chemical, or for metabolites and degradation products for that chemical that are biologically relevant in the matrix specified by the state agency.
(B) The octanol-water partition coefficient and bioconcentration factor for humans for that chemical.
(C) Other relevant information on the fate and transport of that chemical in the environment.
(4) The manufacturer responding to a request pursuant to this subdivision shall collaborate and cooperate with the state agency making the request to the extent practicable for the following purposes:
(A) To ensure that the information being provided meets the needs of the state agency.
(B) To reduce disagreements over the information being provided.
(C) To decrease to the maximum extent possible the effort and resources the state agency must expend to verify and validate the information provided.
(e) The definitions in Section 57018 apply to this section.
(f) This section shall not be construed to limit the authority of a state agency to obtain information pursuant to any other provision of law.
(Added by Stats. 2006, Ch. 699, Sec. 3. Effective January 1, 2007.)