SD21 - Report of the Joint Subcommittee Studying the Effectiveness of the Toxic Substances Information Act

  • Published: 1984
  • Author: Joint Subcommittee Studying the Effectiveness of the Toxic Substances Information Act
  • Enabling Authority: Senate Joint Resolution 29 (Regular Session, 1983)

Executive Summary:
The Joint Subcommittee studying the effectiveness of the Toxic Substances Information Act was authorized to conduct its study by Senate Joint Resolution No. 29 agreed to during the 1983 Session of the General Assembly. The resolution may be found in the appendices.

During late October and early November of 1982, a three-part series appeared in the Richmond Times Dispatch, which brought to the attention of the general public and state authorities the apparent ineffectiveness of the Toxic Substances Information Program. The articles charged that state employees who should be using the collected information to protect the public and the state's welfare were not using this data because of fear of the possible consequences, i.e. treble damages. These articles also contained allegations that some companies were using the confidential file unnecessarily. Industry spokesmen maintained that protection of vital trade secrets was essential to maintain profits and employment levels.

A number of legislators became concerned about the effectiveness of the law because of the publicity. This concern prompted the introduction of Senate Joint Resolution Number 29 which was co-patroned by Senator Clive L. DuVal, 2d and Delegate J. Samuel Glasscock.

The Joint Subcommittee was charged in SJR No. 29 with studying the effectiveness of the Toxic Substances Information Act by examining the issues to determine any appropriate revisions to the present procedures and law necessary to ensure its effective implementation and to protect the industry from damaging disclosures of secret information. In accomplishing this task, the Joint Subcommittee conferred with the Toxic Substances Advisory Council and heard testimony from employees of the Department of Health and other agencies represented on the Council.

Appointed to serve on the Joint Subcommittee were Senators Frederick T. Gray of Chesterfield, Chairman, and Elliot S. Schewel of Lynchburg; Delegates Bernard S. Cohen of Alexandria, Joseph P. Crouch of Lynchburg, and J. Samuel Glasscock of Suffolk, Vice Chairman. The Joint Subcommittee also requested Senator Clive L. Duval, 2d, to serve as a member of the subcommittee.