Sec. 7. Effect on State law
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/bill/114/hr/2576/ih/section-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 18(a) of the Toxic Substances Control Act ( 15 U.S.C. 2617(a) ) is amended— in paragraph (2)(A), by striking ; and and inserting a semicolon; by striking paragraph (2)(B) and inserting the following: if the Administrator makes a final determination under section 6(b) that a chemical substance will not present an unreasonable risk of injury to health or the environment under the intended condition of use, no State or political subdivision may, after the date of publication of such determination, establish or continue in effect any requirement that applies to such chemical substance under the intended conditions of use considered by the Administrator in the risk evaluation under section 6(b), and is designed to protect against exposure to such chemical substance under the intended conditions of use, unless the requirement of the State or political subdivision— is adopted under the authority of a Federal law; or is adopted to protect air or water quality or is related to waste treatment or waste disposal, except that this clause does not apply to such a requirement if a provision of this title, or an action or determination made by the Administrator under this title, actually conflicts with the requirement; and if the Administrator imposes a requirement, through a rule or order under section 5 or 6, that applies to a chemical substance or mixture (other than a requirement described in section 6(a)(6)) and is designed to protect against a risk of injury to health or the environment associated with such chemical substance or mixture, no State or political subdivision may, after the effective date of such requirement, establish or continue in effect any requirement that applies to such chemical substance or mixture (including a requirement that applies to an article because the article contains the chemical substance or mixture) and is designed to protect against exposure to the chemical substance or mixture either under the intended conditions of use considered by the Administrator in the risk evaluation under section 6(b) or from a use identified in a notice received by the Administrator under section 5(a), or, in the case of a requirement imposed pursuant to section 6(i), is designed to protect against a risk of injury considered by the Administrator in imposing such requirement, unless the requirement of the State or political subdivision— is identical to the requirement imposed by the Administrator; is adopted under the authority of a Federal law; or is adopted to protect air or water quality or is related to waste treatment or waste disposal, except that this clause does not apply to such a requirement if a provision of this title, or an action or determination made by the Administrator under this title, actually conflicts with the requirement. ; and by adding at the end the following:
In the case of an identical requirement described in paragraph (2)(C)(i)— a State may not assess a penalty for a specific violation for which the Administrator has assessed a penalty under section 16; and if a State has assessed a penalty for a specific violation, the Administrator may not assess a penalty for that violation in an amount that would cause the total of the penalties assessed for the violation by the State and the Administrator combined to exceed the maximum amount that may be assessed for that violation by the Administrator under section 16. .
Section 18 of the Toxic Substances Control Act ( 15 U.S.C. 2617 ) is amended by adding at the end the following: Nothing in this title, nor any risk evaluation, rule, order, standard, or requirement completed or implemented under this title, shall be construed to preempt or otherwise affect the authority of a State or political subdivision of a State to continue to enforce any action taken before August 1, 2015, under the authority of a State law that prohibits or otherwise restricts the manufacturing, processing, distribution in commerce, use, or disposal of a chemical substance, or any action taken pursuant to a State law that was in effect on August 31, 2003, unless an action or determination made by the Administrator under this title actually conflicts with the action taken pursuant to such a State law.
Nothing in this title, nor any risk evaluation, rule, order, standard, or requirement completed or implemented under this title, shall be construed to preempt or otherwise affect either Federal or State tort law or the law governing the interpretation of contracts of any State, including any remedy for civil relief, whether under statutory or common law, including a remedy for civil damages, and any cause of action for personal injury, wrongful death, property damage, or other injury based on negligence, strict liability, products liability, failure to warn, or any other legal theory relating to tort law.
It is not the intent of Congress that this title, or rules, regulations, or orders issued pursuant to this title, be interpreted as influencing, in either a plaintiff’s or defendant’s favor, the disposition of any civil action for damages in a State court, or the authority of any court to make a determination in an adjudicatory proceeding under applicable State law with respect to the admissibility of evidence, unless a provision of this title actually conflicts with the State court action.
For purposes of this title, the term requirements does not include civil tort actions for damages under State law. . Nothing in this Act, or the amendments made by this Act, shall be construed as changing the preemptive effect of an action taken by the Administrator prior to the date of enactment of this Act or under section 6(e).
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Sec. 7
Effect on State law
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