Background

This package contains a sample bill entitled the “Safe Health Standards for Children Act.” It requires a comprehensive review of allowable levels of toxic substances in our air and water to ensure that they are suitable for infants, children, and pregnant women rather than just adult males.

The legislation adapts the standards language (pertaining to the information used in deciding allowable levels) from the federal Food Quality Protection Act of 1996 to the intentions of a bill by Minnesota State Senators Krentz and Higgins [clean air and water quality standards bill – SF No. 212]. Part of their language was included in the Omnibus Health and Human Services Bill which was passed and signed into law on May 25, 1999, by Governor Jesse Ventura. Unfortunately, the Minnesota language was not extensive enough concerning the scientific standards and sources to be truly effective.

In regards to the sources of the bill, the early sections come from the Krentz legislation. Sections 5, 6, and 7 of this draft bill are direct adaptations of the Food Quality Protection Act (FQPA). Sections 8 and 9 were taken from California State Senator Escutia’s SB 25, “Ambient Air Quality Standards” bill, and were added to lend the bill greater flexibility and authority. Hard copies of all source legislation are available if needed.

Drafting Instructions

The purpose of this bill is to require a review of allowable levels of toxins in air and drinking water so that they will be safe for children and pregnant women. In order to accomplish this goal, the bill describes which scientific evidence may be used to establish standards, and it also includes a precautionary principle which establishes where to set a standard in cases where evidence is lacking so that any errors occur on the side of caution. Unfortunately, due to environmental conditions or scientific limitations on detection, this broad proscription may prove prohibitively expensive or impossible to achieve in some cases.

Therefore, it is important to include an additional provision that would allow the Secretary of Health (or Governor) to sign a judicially reviewable public declaration, issued after public notice and comment, determining that it is technically impossible (or would cause widespread statewide economic disruption) to achieve a standard that would protect pregnant women, infants, and children. If such a determination were made, all other state and federal laws and standards would still have to be observed.