(February 25, 2009) The California Chamber of Commerce urged the Assembly Health and Assembly Safety and Toxic Materials Committees not to judge the implementation of California’s landmark Green Chemistry Initiative too quickly at yesterday’s joint informational hearing.

Testifying on behalf of the Green Chemistry Alliance (GCA), an informal group of business associations and companies that are advocating an approach to implementation that values sound science and economic sustainability, CalChamber Policy Advocate Jason Schmelzer told members of the Legislature to give the Department of Toxic Substance Control (DTSC) the statutorily granted time period to develop and implement their program before enacting any legislation that could complicate their efforts.

“We are likely to see complaints from all sides throughout the implementation process, and some will want to change the rules in the middle of the game,” Schmelzer told the committees. “The GCA does not believe that would be a productive exercise; in fact, this would be a major step backward.”

DTSC was given the authority to oversee the green chemistry program’s establishment by the enactment of 2008 legislation, AB 1879 (Feuer; D-Los Angeles) and SB 509 (Simitian; D-Palo Alto). The program is intended to replace the often politicized process of regulating or banning chemicals in the Legislature without a strong scientific analysis of either the chemical or possible alternatives.

According to the statute, DTSC has the authority to identify chemicals of concern, study them, prioritize chemicals of concern, and regulate certain products that contain these chemicals.  

Cooperation

“The development of this program is a massive undertaking that will require cooperation and dedication on all sides to implement effectively,” Schmelzer said. “California has the opportunity to set the standard for green chemistry and we urge all parties involved to resist the urge to judge the results too quickly.”             

AB 1879 gives the DTSC until January 1, 2011 to develop the processes that will define the green chemistry program. It is within the Legislature’s authority to provide oversight to the implementation process.

“The scope of the program being implemented by DTSC is multi-faceted and complex, so there are sure to be bumps along the way,” Schmelzer said. “However, we will not know where and how it is most productive for the Legislature to make changes until the entire process has been developed, implemented and tested.”                             

‘Wiki’ Site

Although DTSC has just begun the process of promulgating regulations to implement AB 1879 and SB 509, they have taken significant actions to date.  They have created a “wiki” website, for example, that allows stakeholders to post ideas and comments on implementation and they have plans to hold workshops all over the state.  Additionally, DTSC is actively engaging the stakeholder community and requesting information and ideas that will help inform them prior to drafting an initial regulatory proposal.   

Although some stakeholders, including the GCA, have expressed concerns about the “wiki” process (difficulty for new users when trying to determine which questions were originally posted by DTSC and the fact that content may be deleted or changed anonymously), it is important to note that DTSC has not imposed any restriction on how information can be submitted to them in the early stages of this process.  In fact, they have actively encouraged stakeholders to submit information and ideas in whatever form is most convenient for them.  This is a departure from the “typical” regulatory process that only serves to increase the free flow of ideas, Schmelzer said.

The wiki is the first step in a regulatory process that will have a significant impact on the California business community. California will soon be in the business of telling companies how to formulate their products. It is vitally important for companies to engage in this process.

The CalChamber is a founding member of the Green Chemistry Alliance. 

Get Involved

The CalChamber is urging members to visit the wiki and post answers to the questions posed by DTSC. The website is at http://cagreenchem.wikidot.com/start.