Nicolle-Wagner

This appeal concerns the Safe Water and Toxic Enforcement Act of 1986 (Proposition 65), enacted by the voters of this state during the 1986 general elections. At issue is whether a regulation promulgated by the Health and Welfare Agency pursuant to the act conflicts with the lan guage of the act, and whether that regulation is reasonably necessary to effectuate the purposes of the act. On cross-motions for summary judgment, the trial court determined, as a matter of law, that the regulation at issue was reasonable, was the product of fair administrative procedures, and that the Health and Welfare Agency acted within the scope of its statutory authority in enacting the regulation. We affirm.

Facts and Procedural Background

Proposition 65 was a ballot measure entitled, “Restrictions on Toxic Discharge into Drinking Water; Requirement of Notice of Persons’ Exposure to Toxics.” Its purpose was to identify chemicals known to cause cancer or birth defects, and to prevent exposure to those chemicals through our water supplies, in the workplace, and by other means. Passage of Proposition 65 added sections 25249.5 through 25249.13 to the Health and Safety Code, effective January…