California 2015-2016 Regular Session Status: To Executive

AB 2272 — Occupational safety and health standards: plume.

Last action — Vetoed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2015-2016 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Under existing law, the Occupational Safety and Health Standards Board within the Department of Industrial Relations promulgates and enforces occupational safety and health standards for the state, including standards dealing with toxic materials and harmful physical agents. Under existing law, the Division of Occupational Safety and Health is required to enforce all occupational safety and health standards, as specified. A violation of these standards and regulations under specific circumstances is a crime. This bill would, by June 1, 2017, require the division to convene an advisory committee to develop a regulation that requires a health facility to evacuate or remove plume through the use of a plume scavenging system in all settings that employ techniques that involve the creation of plume and would authorize certain entities and people to be on the advisory committee, including, among others, practicing physicians and surgeons from affected specialties. The bill would require the division, in developing the regulation to do certain things, including evaluating the use of certain standards adopted by specified organizations as a benchmark. The bill would also require the division, when developing the proposed regulation, to take into consideration recommendations on the evacuation of plume from the federal Occupational Safety and Health Administration or National Institute for Occupational Safety and Health. The bill would, by June 1, 2018, require the division to submit to the board the proposed regulation. The bill would, by July 1, 2019, require the board to adopt the proposed regulation. The bill would provide that compliance with general room ventilation standards or the use of surgical masks does not satisfy the requirements for protection from surgical plumes under these provisions. The bill would provide that the use of respirators does not satisfy the requirements for protection from surgical plumes under these provisions, except as specified. The bill would require the manufacturer of a plume scavenging system to provide evidence that the system meets specified minimum requirements when installed, operated, and maintained in accordance with the manufacturer's instructions. The bill would specify that these provisions do not limit the authority of the division to develop, or limit the authority of the board to adopt, a regulation with a broader scope or broader application than required by these provisions. By expanding the definition of an existing crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 2:30 p.m.

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 26. Page 6454.).

  4. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 13. Page 5341.).

  6. Read second time and amended. Ordered to third reading.

  7. From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 11).

  8. In committee: Referred to APPR. suspense file.

  9. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  10. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (June 22). Re-referred to Com. on APPR.

  11. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. & I.R.

  12. Referred to Com. on L. & I.R.

  13. In Senate. Read first time. To Com. on RLS. for assignment.

  14. Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 23. Page 4858.)

  15. Read second time. Ordered to third reading.

  16. From committee: Do pass. (Ayes 15. Noes 5.) (May 4).

  17. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (April 20). Re-referred to Com. on APPR.

  18. Referred to Com. on L. & E.

  19. From printer. May be heard in committee March 20.

  20. Read first time. To print.

Sponsors

  • Thurmond · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 11 voted No

Sponsors (1)

  • Thurmond

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2272 THURMOND Concurrence in Senate Amendments

Passed 52 Yea · 26 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 472102
Democratic 5000
Republican 0500
Total 522602
% of votes cast 65%33%0%3%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Bloom — Yea
Brough — Nay
Brown — Yea
Holden — Yea
Jones-Sawyer — Yea
Kim — Nay
Low — Yea
Mathis — Nay
Obernolte — Nay
Rendon — Yea
Rodriguez — Yea
Thurmond — Yea
Waldron — Nay
Williams — Yea
Eggman — Yea
Dababneh — Yea
Daly — Yea
Campos — Yea
Gatto — Yea
Cooper — Yea
Salas — Yea
Bonilla — Yea
Medina — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Frazier — Yea
Gray — Yea
Gomez — Yea
Lopez — Yea
Gordon — Yea
Harper — Nay
Atkins — Yea
Burke — Yea
Levine — Yea
Linder — Not Voting
Maienschein — Nay
Chang — Not Voting
Mayes — Nay
Baker — Nay
Bigelow — Nay
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooley — Yea
Dodd — Yea
McCarty — Yea
Melendez — Nay
Olsen — Nay
Quirk — Yea
Ridley-Thomas — Yea
Santiago — Yea
Steinorth — Nay
Ting — Yea
Wagner — Nay
Weber — Yea
Wilk — Nay
Wood — Yea
Hadley — Nay
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

3rd Reading AB2272 Thurmond By Leno

Passed 25 Yea · 13 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 231201
Democratic 2100
Total 251301
% of votes cast 64%33%0%3%
How each member voted (39)
Member Party Vote
Anderson — Nay
Bates — Nay
Beall — Yea
Nielsen — Nay
Roth — Yea
Wieckowski — Yea
Fuller — Nay
Cannella — Nay
Galgiani — Not Voting
Allen — Yea
Mitchell — Yea
De León — Yea
Glazer — Yea
Hall — Yea
Hancock — Yea
Hernandez — Yea
Hertzberg — Yea
Hill — Yea
Block — Yea
Hueso — Yea
Huff — Nay
Lara — Yea
Leno — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Nay
Morrell — Nay
Pan — Yea
Pavley — Yea
Vidak — Nay
Wolk — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Bates — Nay
Beall — Yea
Hill — Yea
Lara — Yea
Mendoza — Yea
Nielsen — Nay
McGuire, Mike Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Mendoza — Yea
Nielsen — Yea
Hill — Yea
Beall — Yea
Lara — Yea
McGuire, Mike Democratic Yea

Official roll call →

AB 2272 THURMOND Assembly Third Reading

Passed 49 Yea · 23 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 441808
Democratic 5000
Republican 0500
Total 492308
% of votes cast 61%29%0%10%
How each member voted (80)
Member Party Vote
Brown — Yea
Harper — Nay
Holden — Yea
Maienschein — Nay
Mathis — Not Voting
Melendez — Nay
Olsen — Nay
Ridley-Thomas — Yea
Thurmond — Yea
Waldron — Not Voting
Wood — Yea
Eggman — Yea
Dababneh — Yea
Gomez — Yea
Gordon — Yea
Burke — Yea
Chiu — Yea
Cooley — Yea
Levine — Yea
Rodriguez — Yea
Santiago — Yea
Weber — Yea
Bloom — Yea
Chau — Yea
Chu — Yea
Atkins — Yea
Quirk — Yea
Ting — Yea
Chávez — Nay
Mayes — Nay
Wagner — Nay
Obernolte — Nay
Achadjian — Nay
Bigelow — Nay
Chang — Not Voting
Daly — Not Voting
Kim — Nay
Linder — Not Voting
McCarty — Not Voting
Steinorth — Nay
Wilk — Nay
Williams — Not Voting
Baker — Nay
Brough — Nay
Campos — Yea
Cooper — Yea
Dodd — Yea
Gatto — Yea
Salas — Yea
Bonilla — Yea
Gray — Yea
Lopez — Yea
Jones-Sawyer — Yea
Low — Yea
Alejo — Yea
Medina — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Rendon — Yea
Frazier — Yea
Hadley — Not Voting
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass.

Passed 15 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13300
Democratic 2000
Republican 0200
Total 15500
% of votes cast 75%25%0%0%
How each member voted (20)
Member Party Vote
Bigelow — Nay
Bloom — Yea
McCarty — Yea
Quirk — Yea
Wagner — Nay
Eggman — Yea
Bonilla — Yea
Chang — Yea
Holden — Yea
Daly — Yea
Obernolte — Nay
Santiago — Yea
Weber — Yea
Wood — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Subjects

public-safety labor
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Frequently asked questions

What does AB 2272 do?
Under existing law, the Occupational Safety and Health Standards Board within the Department of Industrial Relations promulgates and enforces occupational safety and health standards for the state, including standards dealing with toxic materials and harmful physical agents. Under existing law, the Division of Occupational Safety and Health is required to enforce all occupational safety and health standards, as specified. A violation of these standards and regulations under specific circumstances is a crime. This bill would, by June 1, 2017, require the division to convene an advisory committee to develop a regulation that requires a health facility to evacuate or remove plume through the use of a plume scavenging system in all settings that employ techniques that involve the creation of plume and would authorize certain entities and people to be on the advisory committee, including, among others, practicing physicians and surgeons from affected specialties. The bill would require the division, in developing the regulation to do certain things, including evaluating the use of certain standards adopted by specified organizations as a benchmark. The bill would also require the division, when developing the proposed regulation, to take into consideration recommendations on the evacuation of plume from the federal Occupational Safety and Health Administration or National Institute for Occupational Safety and Health. The bill would, by June 1, 2018, require the division to submit to the board the proposed regulation. The bill would, by July 1, 2019, require the board to adopt the proposed regulation. The bill would provide that compliance with general room ventilation standards or the use of surgical masks does not satisfy the requirements for protection from surgical plumes under these provisions. The bill would provide that the use of respirators does not satisfy the requirements for protection from surgical plumes under these provisions, except as specified. The bill would require the manufacturer of a plume scavenging system to provide evidence that the system meets specified minimum requirements when installed, operated, and maintained in accordance with the manufacturer's instructions. The bill would specify that these provisions do not limit the authority of the division to develop, or limit the authority of the board to adopt, a regulation with a broader scope or broader application than required by these provisions. By expanding the definition of an existing crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 2272?
AB 2272 is sponsored by Thurmond.
What is the current status of AB 2272?
This bill died with 2015-2016 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2272?
Track AB 2272 free on One Click Politics — get push/email alerts when it moves.

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