105448-105451

HEALTH AND SAFETY CODE
SECTION 105448-105451




105448.  (a) In implementing the program, the department and the
agency shall establish a Scientific Guidance Panel. The panel shall
be composed of nine members, whose expertise shall encompass the
disciplines of public health, epidemiology, biostatistics,
environmental medicine, risk analysis, exposure assessment,
developmental biology, laboratory sciences, bioethics, maternal and
child health with a specialty in breastfeeding, and toxicology.
   (b) The Governor shall appoint five members to the panel, the
Senate Committee on Rules shall appoint two members, and the Speaker
of the Assembly shall appoint two members. The appointments shall be
made after soliciting recommendations of the Office of the President
of the University of California.
   (c) All members shall be appointed to the panel by September 1,
2007. Members shall be appointed for three-year terms, except that,
with respect to the initial appointees each appointing power shall
appoint one member for a one-year term and one member for a two-year
term. Members may be reappointed for additional terms without
limitation.
   (d) The panel shall meet as often as it deems necessary, with
consideration of available resources, but at a minimum, three times
per year. The office shall be responsible for staffing and
administration of the panel.
   (e) The panel meetings shall be open to the public and be subject
to the Bagley-Keene Open Meetings Act (Article 9 (commencing with
Section 11120) of Part 1 of Division 3 of Title 2 of the Government
Code).
   (f)  Members of the panel shall be reimbursed for travel and other
necessary expenses incurred in the performance of their duties under
this chapter, but shall not receive a salary or compensation.



105449.  (a) The panel shall provide scientific peer review and make
recommendations regarding the design and implementation of the
program, including specific recommendations for chemicals that are
priorities for biomonitoring in California, as specified in
subdivisions (b) and (c), with the program retaining final
decisionmaking authority.
   (b) The panel shall recommend priority chemicals for inclusion in
the program using the following criteria:
   (1) The degree of potential exposure to the public or specific
subgroups, including, but not limited to, occupational.
   (2) The likelihood of a chemical being a carcinogen or toxicant
based on peer-reviewed health data, the chemical structure, or the
toxicology of chemically related compounds.
   (3) The limits of laboratory detection for the chemical, including
the ability to detect the chemical at low enough levels that could
be expected in the general population.
   (4) Other criteria that the panel may agree to.
   (c) The panel may recommend additional designated chemicals not
included in the CDC report, for inclusion in the program using the
following criteria:
   (1) Exposure or potential exposure to the public or specific
subgroups.
   (2) The known or suspected health effects resulting from some
level of exposure based on peer-reviewed scientific studies.
   (3) The need to assess the efficacy of public health actions to
reduce exposure to a chemical.
   (4) The availability of a biomonitoring analytical method with
adequate accuracy, precision, sensitivity, specificity, and speed.
   (5) The availability of adequate biospecimen samples.
   (6) The incremental analytical cost to perform the biomonitoring
analysis for the chemical.



105451.  (a) As appropriate, the program shall utilize the
principles of the agency's Environmental Justice Strategy and
Environmental Justice Action Plan developed pursuant to Sections
71110 to 71113, inclusive, of the Public Resources Code, so that the
activities of the panel and the implementation of the program provide
opportunities for public participation and community capacity
building with meaningful stakeholder input. This strategy and plan
shall accord the highest respect and value to every individual and
community by developing and conducting public health and
environmental protection programs, policies, and activities in a
manner that promotes equity and affords fair treatment,
accessibility, and protection for all Californians, regardless of
race, age, culture, income, or geographic location.
   (b) (1) To carry out this section, the program shall develop a
strategy and plan that are to be followed in the implementation of
the program. This strategy and plan shall be used to establish the
framework for integrating public participation in this program. The
department may utilize models used by boards, departments, and
offices at the agency for community outreach pursuant to this
section.
   (2) Public participation shall include, but need not be limited
to, conducting stakeholder meetings and workshops to solicit relevant
information, data, suggestions, and feedback for the development and
implementation of the program.