Doug Farquhar, JD & Chris Bui, MPH
The National Conference of State Legislatures (NCSL) Environmental Health Project has completed its update of state environmental public health legislation for 2007-2008. The database of state legislation can be found at: https://www.ncsl.org/programs/environ/envhealth/ehdatabases.htm
The 2008 state legislative session saw a resurgence of interest in children's environmental health. Of the 44 states that held regular sessions in 2008, 35 state legislatures introduced bills dealing with children's environmental health, focusing on issues such as children's exposure to tobacco smoke, prohibiting the manufacture or distribution of phthalates, bisphenol-A or lead-containing products, or limits on pesticide applications around schools or at public events.
But this interest in children's environmental health did not limit the number of bills being introduced on other topics. Legislation on biomonitoring, indoor smoking bans, radon control, mercury, tracking and surveillance, as well as general laws on the regulation of toxics were heard, reviewed, amended, reheard, and if survived this scrutiny, passed the legislature for the governor's desk. In some instances, governors did veto certain bills or certain parts of bills.
Overall, of the 530 bills introduced in 2008 on environmental health, 78 bills in 29 states became law. This is less than the 146 bills that were adopted on environmental health during the 2007 sessions or 121 bills enacted in 2006. However, several states -- California, Illinois, Massachusetts, Michigan, New Jersey, New York, North Carolina, Ohio, Pennsylvania, and Wisconsin -- remain in session and could adopt legislation from 2008 as late as January 2009.
With its unlimited bill introduction, New York usually leads in the number of bills introduced, along with the lowest percentage in passage. This year, the states of Illinois and New Jersey led with the most bills on environmental health, with 50 being introduced in Illinois and 51 in the Garden State. Maine passed 12 environmental health bills in 2008 on a range of topics, including indoor air quality, lead hazards and pesticide control. California also remains at the forefront of environmental health policy with legislation seeking to curb or ban certain chemicals, bills to monitor toxic discharges into waterways, recycling of mercury from thermometers, requirements for indoor air in schools and assessments of water toxicity levels in schools, preparations of environmental impact statements before spraying pesticides in urban areas, to name a few. Maryland, Michigan and Washington also have progressive bills on environmental health.
Certain highlights of the 2008 legislative sessions include:
Children's Environmental Health
The numerous recalls of children's products in August 2007 along with the media coverage of foreign-manufactured products with lead and other toxics created a public groundswell demanding stricter controls on toys and other children's products. With efforts at the federal levels being unsatisfactory, legislators in 21 states took it upon themselves to ensure children are safe from lead-containing products, from phthalates, from cadmium and bisphenal-A in toys, jewelry, and other products designed for or used by children.
Washington (HB 2647; Wash. Laws, Chap. 288 (2008)) enacted a limit on certain chemicals in children's products, with a limit of 0.1 percent by weight for phthalates, 0.004 percent of cadmium by weight, and a reduction of lead from 600 ppm (the current federal standard) to 90 ppm, making it the strictest standard in the country. After adopting A.B. 1108 (Sess. 2007), California now prohibits the manufacture, sale, or distribution of certain toys and child care articles containing phthalates above 0.1 of 1 percent (2007 Cal. Stats., Chap. 672). Vermont enacted a similar ban on phthalates (SB 261; 2008 Vt. Acts, Act 171) in May 2008, and limited lead content in children's products to 100 ppm by 2010 (SB 152, 2008 Vt. Acts, Act 193). Maine took a different approach by having the state maintain a list of "high-priority" chemicals, mandating disclosure of such chemicals in products, and requiring manufactures to use "safer" alternatives if available. (2008 Me. Laws, Chap. 643).
Fourteen states sought stricter controls on lead in jewelry, toys and consumer products, with Michigan adopting HB 4132 (2008 Mich. Pub. Acts, Act 161) and Minnesota adopting SB 1262 (2007 Minn. Laws, Chap. 325E), both following the Federal Consumer Products Safety Commission (CPSC) standards of 600 ppm, or 0.06 percent lead by weight.
Connecticut HB 5650 (2008 Conn. Acts, P.A. No. 08-106 (Reg. Sess.)), Delaware HS1 for HB 362 (Vol. 76 Del. Laws, Chap. 358), New Jersey SB 285 (2008 N.J. Laws, Chap. 124)) and Oregon HB 3631 (2008 Or., Laws, Chap. 31) chose to make the CSPC voluntary recalls mandatory in their states, following the leads of Arkansas, Illinois, Louisiana, Michigan, Rhode Island and Vermont which passed similar bills prior to 2008. Mississippi's mandatory recall legislation (HB 1240) was vetoed by their governor in April 2008.
Indoor Air Quality
Most states addressing indoor air quality sought to ban smoking in public areas such as restaurants, bars, government buildings and schools. Twelve states enacted smoking bans. Illinois adopted the Smoke Free Illinois Act (2007 Ill. Laws, P.A. 95-17). Pennsylvania adopted the similar Smoke Free Pennsylvania Act (2008 Pa. Laws, Act 2008-27). Maine prohibits smoking in a motor vehicle when a person under 16 years of age is present in that vehicle (Me. Laws, Chap. 591). North Carolina banned smoking in government buildings (N.C. Sess. Laws, Chap. 2007-193); and Tennessee adopted to Non-Smoker Protection Act (2007 Tenn. Pub. Acts, Chap. 410). New Hampshire, on the other hand, sought to exempt restaurants where more than 50 percent of the income is derived from cigars (H.B. 1421 (Sess. 2008). Indiana and New Hampshire looked at air quality in schools. Indiana HB 1185 (2008 Ind. Acts, P.L. 79) expands the state's school indoor air quality inspection program. A commission will study air quality issues in public schools and make legislative recommendations in New Hampshire under HB 1171 (2008 N.H. Laws, Chap. 0242).
Lead Hazards
Beyond limits to lead-containing products in children's products, 20 states sought to address lead hazard control inspections, certifications, training or abatement policies. Illinois adopted the Comprehensive Lead Education, Reduction, and Window Replacement Program Act (2008 Ill. Laws, P.A. 95-492). Maine LD 555 requires notices to the occupant before a renovators disturbs lead-based paint (2007 Me. Laws, Chap. 238). Non-profit charities are exempt from liability for non-intentional lead poisoning in Michigan under Public Act 45 (2008 Mich. Pub. Acts, Act 45).
New York unsuccessfully tried to adopt legislation to use Medicaid funds for a lead poisoning intervention demonstration program to be known as the New York State Healthy Homes Demonstration Program (N.Y. A.B. 2121 (Sess. 2008)).
Mercury
In 26 states, 55 bills were introduced to look at mercury exposure, mostly from thermometers, vaccinations, dental fillings or fluorescent lights. Delaware (Vol. 76 Del. Laws, Chap. 229) prohibits mercury from being given to children or pregnant women. Maryland removed the prohibition on mercury in vaccines, but banned it in cosmetics (2008 Md. Laws., Chap. 169). Iowa banned the sale of mercury thermometers, and required old thermometers be disposed of as a hazardous waste (2008 Iowa Acts, Chap. 455D). New Hampshire created mercury-added thermostat collection program, which requires manufacturers of thermostats to establish a collection and recycling program for out-of-service thermostats (2008 N.H. Laws., Chap. 0383).
Radon Exposure
In the 2007 through 2008 legislative sessions, 18 states passed 60 bills related to radon. In 11 states, legislators introduced legislation requiring notice of the presence of radon in homes. Arizona required disclosure to new home buyers if a home is located in a high radon area. (2007 Ariz. Laws, Chap. 76). Illinois requires residential real property disclosure report include the disclosure of the seller's awareness of radon hazards (2008 Ill. Laws, P.A. 216). Kansas imposes conditions on real estate appraisals and sales contracts; requires notice of radon gas on contracts and information regarding a radon mitigation technician (2008 Kan. Sess. Laws, Chap. 153). Tennessee S.B 641 (Sess. 2008) encourages schools to test for radon (2008 Tenn. Pub. Acts, Chap. 291). If a municipality in Maine seeks to adopt a radon code, they must now follow a standard recommended by the American Society for Testing and Material (2007 Me. Laws, Chap. 90).
Asbestos
Although 19 states introduced 44 bills on asbestos in 2007, only nine states introduced legislation in 2008, with only three being enacted (five remain pending). Connecticut H.B. 5730 authorizes direct restitution to a property owner harmed by actions of a licensed asbestos worker for improper disposal (2008 Conn. Acts, P.A. 137). Georgia looked at asbestos and silica claims and now requires physical impairment be an essential element of a claim (2007 Ga. Laws, Chap. 9). Texas also added requirements for asbestos-related claims (2008 Tex. Gen. Laws, Chap. 393).
Hawaii mandates that the department of education is responsible for testing for all asbestos-containing materials in schools (2007 Hawaii Sess. Laws, Act 3).
Pesticides
States sought laws on pesticides, limiting use around schools or playgrounds, requiring notice be posted after application, or requiring other sorts of demarcations. New Jersey is seeking to require silver flags to demarcate pesticide use (A.B. 1592 (Sess. 2008)). California has five bills pending regarding the aerial spraying of pesticides for the light brown apple moth, an invasive species from Australia that damages crops, and Washington also looked into the health effects of pesticide drift from aerial spraying (H.B. 1810 (Sess. 2007)). Hawaii had three bills seeking the develop an action plan for addressing incidents of pesticide exposure at public schools.
Maine adopted a substantive pesticide law, that addresses (among other things) pesticides introduced into a living plant through genetic engineering (2008 Me. Laws., Chap. 484).
Sixteen states appropriated funds to limit the spread of West Nile Virus through mosquito control efforts.
Biomonitoring
Biomonitoring, which is the direct measurement of people's exposure to toxic substances in the environment by measuring the substances or their metabolites in human specimens, such as blood or urine, has garnered legislative interest in 2008. Illinois adopted the National Guard Veterans Exposure to Hazardous Materials Act, which seeks to discover whether vets were exposed to Agent Orange or Uranium (2008 Ill. Laws., P.A. 597). Hawaii had four bills looking into screening for environmental toxins in military veterans. Vermont's HB 138 (Sess. 2008) also sought to provide this service.
Minnesota passed legislation to look into environmental toxins in workers (2008 Minn. Laws, Chap. 248). Indiana, Kentucky and Rhode Island also had legislation looking into biomonitoring.
NOTE: The above summarizes state legislation and is property of the National Conference of State Legislatures (NCSL). This information is intended for the sole use by state legislatures. NCSL makes no promises, express or implied, regarding the accuracy of this information.