Overview
California is poised to adopt the most aggressive system in the world for managing chemicals in consumer products. Released by the Department of Toxic Substances Control (DTSC) in September 2010 and revised in November, the proposed rules seek to implement California’s groundbreaking Green Chemistry Initiative. Dubbed the "Safer Consumer Product Alternatives" regulation (SCPA), the proposed rules have the potential to affect nearly all firms that manufacture or sell consumer products in California.
Several problematic areas remain in the SCPA regulations that could create significant disincentives to the development of new technologies and products in California. Whether or not the November version of the SCPA rules ultimately are adopted, California would greatly benefit from a green chemistry program that is reasonable, workable and that creates certainty for all businesses in the consumer product supply chain, without jeopardizing health and environmental quality or creating greater burdens that will further delay California’s economic recovery.
Related Business Issue: California Environmental Quality Act (CEQA)
Goals
Oversee issues related to air quality and hazardous and solid waste, and recommend policies that meet the mutual objectives of protecting human health and the environment, while conserving the financial resources of business to the fullest extent possible.
Major Victories
- Halted expensive unnecessary regulatory burdens, such as an expanded waste bureaucracy (AB 479, AB737).
- Supported four bills signed into law in 2010 that will lead to increased construction jobs by streamlining the California Environmental Quality Act process for certain projects (AB 1846); authorizing use of design-build by the Riverside County Transportation Commission (AB 2098); creating construction jobs building travel infrastructure (SB 1192); and ensuring expedited permitting of environmentally sound solar thermal projects (SBX3 34).
Issue Summaries
Consumer Product Ingredient Regulation
Position: The task of chemicals management is a long-term endeavor driven by ever-changing developments in science. Regardless of the resources directed toward developing data, there will always be more questions to ask and more data to gather—it is after all the nature of the scientific process. The issue is not whether there is a data gap, but rather, how the state can manage its finite resources to best identify and prioritize the uses of the chemicals of greatest concern in consumer products. In the current and foreseeable economic climate, California must adopt regulations that focus on harmful exposures to substances in consumer products sold or used in the state. Consumer Product Ingredient Regulation 
Green Building Regulations
Position: Support the continued implementation of the state’s current ground-breaking CALGreen code, which promises cost-effective increases in energy, water and resource conservation goals. Alternately, many of the additional and far-reaching mandates being contemplated by lawmakers and regulators do not meet these standards of cost-effectiveness and technological feasibility. Green Building Regulations
Local Air Rules
Position: As California takes further action to protect the environment in the near future, businesses need to be cognizant of new rules and regulations that will appear at the local level. It is likely that these rules will be increasing in number and stringency as California continues to struggle to meet federal air quality standards.Local Air Rules
Waste Reduction
Position: California’s success in managing its waste has provided the flexibility to postpone consideration of a costly expansion of waste reduction measures at a time when businesses are struggling to stay afloat. Rather than charging ahead on more aggressive policies like extended producer responsibility or greater statewide diversion rate requirements—which would increase costs to businesses and consumers during a historic recession—the California Chamber of Commerce believes the state should focus on more reasoned, incremental efforts to keep California’s diversion rates at superior levels without inflicting further damage to the state’s ailing economy. Waste Reduction
Related Top Stories