LEGISLATIVE RESOLUTION urging the New York State Congressional deleg-
ation to support the reform of the Federal Toxic Substances Control Act
of 1976

WHEREAS, Children and the developing fetus are uniquely vulnerable to
the health threats of toxic chemicals, and early life chemical exposures
have been linked to chronic disease later in life; and
WHEREAS, A growing body of peer-reviewed scientific evidence links
exposure to toxic chemicals to many diseases and health conditions that
are rising in incidence including childhood cancers, prostate cancer,
breast cancer, learning & developmental disabilities, infertility and
obesity; and
WHEREAS, The President's Cancer Panel report released in May 2010
states the true burden of environmentally induced cancers has been
grossly underestimated, and the panel advised the President to use the
power of his office to remove the carcinogens and other toxins from our
food, water, and air that needlessly increase health care costs, cripple
our nation's productivity, and devastate American lives; and
WHEREAS, Workers in a range of industries are exposed to toxic chemi-
cals which pose threats to their health, increasing worker absenteeism,
worker compensation claims, and healthcare costs that burden the econo-
my; and
WHEREAS, States bear an undue burden from toxic chemicals, including
health care costs and environmental damages, disadvantaging businesses
that lack information on chemicals in their supply chain and increasing
demands for state regulation; and
WHEREAS, The primary governing federal statute, the Toxic Substances
Control Act of 1976 (TSCA), was intended to authorize the U.S. Environ-
mental Protection Agency (EPA) to protect public health and the environ-
ment from toxic chemicals; and
WHEREAS, When TSCA was passed about 62,000 chemicals in commerce did
not require testing for health and safety hazards or have any
restrictions on usage; and
WHEREAS, In January 2009, the U.S. General Accounting Office (GAO)
added the EPA's regulatory program for assessing and controlling toxic
chemicals to its list of high risk government programs that are not
working as intended, finding that: EPA has been unable to complete
assessments even of chemicals of highest concern; EPA requires addi-
tional authority to obtain health and safety information from the chemi-
cal industry and to shift more of the burden to chemical companies to
demonstrate the safety of their products; and TSCA does not provide
sufficient chemical safety data for public use by consumers, businesses
and workers; and
WHEREAS, The National Conference of State Legislatures unanimously
adopted a resolution in July 2009 that articulated principles for TSCA
reform and called on Congress to act to update the law; and
WHEREAS, In August 2010, the Environmental Council of States (ECOS),
the national association of state environmental agency directors, unan-
imously adopted a resolution entitled Reforming the Toxic Substances
Control Act, which endorsed specific policy reforms; and
WHEREAS, Ten states have come together to launch the Interstate Chemi-
cals Clearinghouse (IC2) to coordinate state chemical information
management programs, and a coalition of 13 states issued guiding princi-
ples for TSCA reform; and
WHEREAS, 71 state laws on chemical safety have been enacted and signed
into law in 18 states with broad bipartisan support over the last eight
years; and

WHEREAS, State policy leadership on chemical management, although
outstanding, cannot substitute for Congressional leadership to reform
TSCA; and
WHEREAS, Legislation to substantially reform TSCA was introduced
during the 109th Congress in 2005, the 110th Congress in 2008, and again
in the 111th Congress in 2010; now, therefore, be it
RESOLVED, That the New York State Congressional delegation be and
hereby is respectfully memorialized by the Legislative Body to support
the reform of the Federal Toxic Substances Act of 1976 to strengthen
chemicals management through policy reforms that: provide essential
health and safety information on chemicals to inform the market, consum-
ers and the public; required immediate action to reduce or eliminate the
worst chemicals, including persistent, bioaccumulative and toxic chemi-
cals (PBTs) and other priority toxics to which there is already wide-
spread exposure; preserve the authority of state and tribal governments
to operate chemicals management programs that are more protective than
the federal government's; establish health safety standards for chemi-
cals that rely on the best available science to protect the most vulner-
able among us, such as children and the developing fetus; invest in
green chemistry research and workforce development to boost American
business and spurs jobs making safer alternatives; and promote environ-
mental justice by developing action plans to reduce disproportionate
exposure to toxic chemicals in disadvantaged communities; and be it
further
RESOLVED, That copies of this Resolution, suitably engrossed, be tran-
smitted to all members of the Congressional delegation from the State of
New York.