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Here is a draft bill from else where that perhaps might be useful is
starting a process here to do the same or similiar. Any takers in
following through on this idea?
David Wimberly
---------- Forwarded message ----------
Date: Mon, 16 Nov 1998 21:42:47 EST
From: Richard Isaac <Risaacx@aol.com>
Reply-To: Hormone Mimics Discussion
<CONS-EQST-HORMONE-MIMICS@LISTS.SIERRACLUB.ORG>
To: CONS-EQST-HORMONE-MIMICS@LISTS.SIERRACLUB.ORG
Subject: Re: Draft Bill Regarding Endocrine Disrupters
Folks,
If any of you have some ideas of what we can do as activists on the state
level regarding suspected endocrine disrupters, please let me know.
I've drafted the following bill but, at least here in New Jersey, we won't be
introducing it at this time.
Rich Isaac
NJ Chapter Delegate.
----------------------------------------
ASSEMBLY, No. XXX
STATE OF NEW JERSEY
By Assemblyman _____________________
AN ACT creating an advisory committee to make recommendation
to phase out substances that both persist in the environment
and bioaccumulate in human tissue, and show a probability of
disrupting the human endocrine system.
BE IT ENACTED by the Senate and General Assembly of the State
of New Jersey:
1. This act shall be known, and may be cited, as the
"Advisory Committee Act for Phasing Out Substances Disrupting
the Human Endocrine System."
2. The Legislature finds that:
a. Toxic substances that both persist and bioaccumulate in
the environment build to higher and higher concentration over
time, reaching their greatest levels in the tissues of
species high on the food chain, including humans. These
toxic substances that persist and bioaccumulate in the
environment can be biologically active in infinitesimal
quantities, causing reproductive failure, birth defects,
developmental impairment, hormonal disruption, behavioral
disorders, immune suppression, and cancer at low doses, and
mixtures of these substances may cause these effects at even
lower doses.
b. Governmental regulation has not proven to be an effective
method by which these substances may be controlled, because
regulatory approaches that permit even limited production and
discharge of toxic substances that persist and bioaccumulate
in the environment result in the accumulation of these
substances in the environment and food chain over time and
subsequent damage to the health of humans and other species.
c. The most prudent method of preventing the continued
contamination of the environment from persistent and
bioaccumulative toxic substances is to phase out their
production and use over a reasonable period of time and to
replace these substances with safer alternatives.
d. The most credible, reliable way to determine which toxic
substances are both persistent and bioaccumulative is by use
of scientific research subject to scrutiny by experts
active in the applicable field.
e. Industry, the public, and other contributors of
persistent and bioaccumulative toxic substances, need a
reasonable time to phase out these substances, and to find
non-toxic alternatives.
The Legislature therefore determines that it is appropriate
to establish an advisory committee to make recommendations
to phase out those toxic substances that both persist in the
environment and bioaccumulate in human tissue, and show a
probability of disrupting the human endocrine system.
4. As used in this act:
"Commissioner" means the Commissioner of Environmental
Protection.
"Committee" means the "Advisory Committee for Phasing Out
Substances Disrupting the Human Endocrine System" which is
created pursuant to this act.
"Department" means the Department of Environmental
Protection.
"Phasing out" means a reasonable, effective, and efficient,
systematic method for reaching a level of zero discharge from
anthropogenic sources over a period of reasonable time that
considers economic factors in the time frame for the phase
out.
5. a. There is created the "Advisory Committee Act for
Phasing Out Substances Disrupting the Human Endocrine
System," which shall be consist of 11 members, including: (1)
the commissioner or the commissioner's designee; (2) at least
one independent expert in each of the fields of public
health, technology change, and ecology; and (3) technical and
policy experts from industry, labor, and public interest
groups. (I WOULD
ENCOURAGE A CITIZEN MEMBER OR TWO TO KEEP THE "EXPERTS" ALERT
TO WHAT THEY
CAN DO, AS OPPOSED TO WHAT THEY CAN'T)
b. Excepting the commissioner, members of the advisory
committee shall be appointed by the Governor of the State of
New Jersey.
c. Vacancies in the positions on the advisory committee
shall be filled in the same manner.
d. Members of the advisory committee shall serve without
compensation, but may, within the limits of funds
appropriated or otherwise made available to the committee, be
reimbursed for actual expenses necessarily incurred in the
discharge of their official duties.
e. A member of the committee may be removed at any time
for any reason by the Governor.
6. a. The advisory committee shall organize as soon as may
be practicable after the appointment of its members and shall
select a chairperson and a vice-chairperson from among its
members. The Department of Environmental Protection shall
provide technical and planning assistance to the committee.
b. A majority of the voting membership of the committee
shall constitute a quorum for the transaction of committee
business. Action may be taken and motions and resolutions
adopted by the committee at any meeting thereof by the
affirmative vote of a majority of the full voting membership
of the committee.
c. The committee shall meet regularly as it may
determine, and shall also meet at the call of the chairperson
of the committee, the Commissioner of the Department of
Environmental Protection, or the Governor.
7. In order to facilitate making recommendations to phase
out toxic substances that have a probability of disrupting
the human endocrine system, the advisory committee shall:
a. Hear testimony from industry, the scientific and
medical community, public interest groups and other citizens
regarding toxic substances that both persist in the
environment and bioaccumulate, and have a probability of
acting as human endocrine disrupters.
b. Review and make recommendations regarding existing
state law and regulations pertaining to such substances.
c. Utilize credible scientific evidence for identifying
such substances.
d. Recommend a timeline for phasing out the identified
substances, and replacing them with safer alternatives.
e. Recommend a procedure for both encouraging and
ensuring compliance.
8. The committee shall be entitled to call to its assistance
and avail itself of the services of such employees of any
State agency as it may require and as may be available to it
for the purpose of carrying out its duties under this act,
and to employ such staff or experts and incur such traveling
and other miscellaneous expenses as it may deem necessary in
order to perform its duties, and as may be within the limits
of funds appropriated or otherwise made available for those
purposes.
9. The meetings of the committee shall be subject to the
provisions and requirements of the "Open Public Meetings Act,
" P.L. 1975, c.231 (C.10:4-6 et seq.).
10. a. The committee shall report its findings and
recommendations to the Governor, the Legislature, and the
Commissioner of the Department of Environmental Protection,
within one year after the date of enactment of this act and
periodically as necessary thereafter. (ANY RESPONSE REQUIRED
FROM ANYONE?)
b. The committee shall dissolve four years after the
date of enactment of this act unless the voting membership of
the committee unanimously votes to continue its existence.
Thereafter, such a vote shall be held annually, and failing
the receipt of a unanimous vote of the voting membership to
continue the existence of the committee for another year, the
committee shall thereupon dissolve.
11. This act shall take effect immediately.
____________________
Creates Advisory Committee for Phasing Out Substances
Disrupting the Human Endocrine System.
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