House Concurrent Resolution 9 - Introduced HOUSE CONCURRENT RESOLUTION NO. 9 BY ISENHART A Concurrent Resolution urging the United States 1 Congress to modernize the Toxic Substances Control 2 Act of 1976. 3 WHEREAS, children and developing fetuses are 4 uniquely vulnerable to the health threats of toxic 5 chemicals and early-life chemical exposures have been 6 linked to chronic disease later in life; and 7 WHEREAS, a growing body of peer-reviewed scientific 8 evidence links exposure to toxic chemicals to many 9 diseases and health conditions that are rising in 10 incidence including childhood cancers, prostate cancer, 11 breast cancer, learning and developmental disabilities, 12 infertility, and obesity; and 13 WHEREAS, the President’s Cancer Panel report 14 released in May 2010 stated “the true burden of 15 environmentally induced cancers has been grossly 16 underestimated” and advised the President “to use 17 the power of your office to remove the carcinogens 18 and other toxins from our food, water, and air that 19 needlessly increase health care costs, cripple 20 our nation’s productivity, and devastate American 21 lives”; and 22 WHEREAS, workers in a range of industries are 23 exposed to toxic chemicals which pose threats to 24 their health, increasing worker absenteeism, workers’ 25 compensation claims, and health care costs that burden 26 the economy; and 27 WHEREAS, a recent national poll found that 78 28 -1- LSB 1421HH (3) 84 tm/rj 1/ 5

H.C.R. 9 percent of likely American voters were seriously 1 concerned about the threat to children’s health from 2 exposure to toxic chemicals in day-to-day life; and 3 WHEREAS, states bear an undue burden from 4 toxic chemicals, including health care costs and 5 environmental damages, disadvantaging businesses that 6 lack information on chemicals in their supply chain and 7 increasing demands for state regulation; and 8 WHEREAS, the primary governing federal statute, 9 the Toxic Substances Control Act of 1976 (TSCA), was 10 intended to authorize the United States Environmental 11 Protection Agency (EPA) to protect public health and 12 the environment from toxic chemicals; and 13 WHEREAS, when TSCA was passed about 62,000 14 chemicals in commerce were grandfathered in without any 15 required testing for health and safety hazards or any 16 restrictions on usage; and 17 WHEREAS, in the 35 years since TSCA passed, the EPA 18 has required chemical companies to test only about 200 19 of those chemicals for health hazards and has issued 20 partial restrictions on only five chemicals; and 21 WHEREAS, TSCA has been widely recognized as 22 ineffective and obsolete due to legal and procedural 23 hurdles that prevent the EPA from taking quick and 24 effective regulatory action to protect the public 25 against well-known chemical threats; and 26 WHEREAS, in January 2009, the United States General 27 Accounting Office added the EPA’s regulatory program 28 for assessing and controlling toxic chemicals to its 29 list of high-risk government programs that are not 30 -2- LSB 1421HH (3) 84 tm/rj 2/ 5

H.C.R. 9 working as intended, finding that the EPA has been 1 unable to complete assessments even of chemicals of 2 highest concern; that the EPA requires additional 3 authority to obtain health and human safety information 4 from the chemical industry and to shift more of the 5 burden to chemical companies to demonstrate the safety 6 of their products; and that the TSCA does not provide 7 sufficient chemical safety data for public use by 8 consumers, businesses, and workers, and fails to create 9 incentives to develop safer alternatives; and 10 WHEREAS, the National Conference of State 11 Legislatures unanimously adopted a resolution in July 12 2009 that articulated principles for TSCA reform and 13 called on Congress to act to update the law; and 14 WHEREAS, ten states have come together to launch 15 the Interstate Chemicals Clearinghouse to coordinate 16 state chemical information management programs, and a 17 coalition of 13 states issued guiding principles for 18 TSCA reform; and 19 WHEREAS, 71 state laws on chemical safety have been 20 enacted and signed into law in 18 states with broad 21 bipartisan support over the last eight years; and 22 WHEREAS, state policy leadership on chemical 23 management, although outstanding, cannot substitute for 24 Congressional leadership to reform TSCA, a reform which 25 all parties agree is urgently needed; and 26 WHEREAS, TSCA is the only major federal 27 environmental statute that has never been updated or 28 reauthorized; and 29 WHEREAS, legislation to substantially reform TSCA 30 -3- LSB 1421HH (3) 84 tm/rj 3/ 5

H.C.R. 9 was introduced during the 109th Congress in 2005, the 1 110th Congress in 2008, and again in the 111th Congress 2 in 2010; NOW THEREFORE, 3 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES, 4 THE SENATE CONCURRING, That the Iowa General Assembly 5 encourages the 112th Congress to enact federal 6 legislation to modernize the TSCA to strengthen 7 chemicals management through policy reforms; and 8 BE IT FURTHER RESOLVED, That the policy reforms 9 should require chemical manufacturers to prove 10 that all existing and new chemicals are not harmful 11 to human health, and provide essential health and 12 safety information on chemicals to inform the market, 13 consumers, and general public; and 14 BE IT FURTHER RESOLVED, That the policy reforms 15 should require immediate action to reduce or 16 eliminate the worst chemicals, including persistent, 17 bioaccumulative, and toxic chemicals and other 18 priority toxics to which there is already widespread 19 exposure; and 20 BE IT FURTHER RESOLVED, That the policy reforms 21 should preserve the authority of state and tribal 22 governments to operate chemicals management programs 23 that are more protective than the federal programs; and 24 BE IT FURTHER RESOLVED, That the policy reforms 25 should establish health safety standards for chemicals 26 that rely on the best available science to protect 27 the most vulnerable among us, such as children and 28 developing fetuses; and 29 BE IT FURTHER RESOLVED, That the policy reforms 30 -4- LSB 1421HH (3) 84 tm/rj 4/ 5

H.C.R. 9 should reward innovation by fast-tracking approval of 1 new, demonstratively safer chemicals, and invest in 2 green chemistry research and workforce development to 3 boost American business and spur jobs making safer 4 alternatives; and 5 BE IT FURTHER RESOLVED, That the policy reforms 6 should promote environmental justice by developing 7 action plans to reduce disproportionate exposure to 8 toxic chemicals in hot spot communities; and 9 BE IT FURTHER RESOLVED, That the Chief Clerk of the 10 House and the Secretary of the Senate shall forward 11 copies of this resolution to all members of Iowa’s 12 Congressional delegation. 13 -5- LSB 1421HH (3) 84 tm/rj 5/ 5