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attorney in whose jurisdiction the violation is alleged to occur and to <br /> the alleged violator, and (2) neither the Attorney General nor any <br /> district attorney nor any city attorney or prosecutor has commenced and is <br /> diligently prosecuting an action against such violation. <br /> (Added by Proposition 65, 1986 General Election. ) <br /> 25249.8. List Of Chemicals Known to Cause Cancer Or Reproductive <br /> Toxicity. <br /> (a) On or before March 1, 1987, the Governor shall cause to be <br /> published a list of those chemicals known to the state to cause cancer or <br /> reproductive toxicity within the meaning of this chapter, and he shall <br /> cause such list to be revised and republished in light of additional <br /> knowledge at least once per year thereafter. Such list shall include at a <br /> minimum those substances identified by reference in Labor Code Section <br /> 6382 (b) (1) and those substances identified additionally by reference in <br /> Labor Code Section 6382 (d) . <br /> (b) A chemical is known to the state to cause cancer or reproductive <br /> toxicity within the meaning of this chapter if in the opinion of the <br /> state' s qualified experts it has been clearly shown through scientifically <br /> valid testing according to generally accepted principles to cause cancer <br /> or reproductive toxicity, or if a body considered to be authoritative by <br /> such experts has formally identified it as causing cancer or reproductive <br /> toxicity, or if an agency of the state or federal government has formally <br /> required it to be labeled or identified as causing cancer or reproductive <br /> toxicity. <br /> (c) On or before January 1, 1989, and at least once per year, <br /> thereafter, the Governor shall cause to be published a separate list of <br /> those chemicals that at the time of publication are required by state or _ <br /> federal law to have been tested for potential to cause cancer or <br /> reproductive toxicity but that the state' s qualified experts have not <br /> found to have been adequately tested as required. <br /> (d) The Governor shall identify and consult with the state' s <br /> qualified experts as necessary to carry out his duties under this section. <br /> (e) In carrying out the duties of the Governor under this section, <br /> the Governor and his designates shall not be considered to be adopting or <br /> amending a regulation within the meaning of the Administrative Procedure <br /> Act as defined in Government Code Section 11370. <br /> (Added by Proposition 65, 1986 General Election. ) <br /> 25249.9. Exemptions from Discharge Prohibition. <br /> (a) Section 25249.5 shall not apply to any discharge or release that <br /> takes place less than twenty months subsequent to the listing of the <br /> chemical in question on the list required to be published under <br /> subdivision (a) of Section 25249.8. <br /> (b) Section 25249.5 shall not apply to any discharge or release that <br /> meets both of the following criteria: <br /> (1) The discharge or release will not cause any significant amount <br /> of the discharged or released chemical to enter any source of drinking <br /> water. <br /> (2) The discharge or release is in conformity with all other laws <br /> and with every applicable regulation, permit, requirement, and order. <br /> -204- <br />