BILL ANALYSIS
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|Hearing Date:June 10, 2002 |Bill No:AB |
| |2474 |
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SENATE COMMITTEE ON BUSINESS AND PROFESSIONS
Senator Liz Figueroa, Chair
Bill No: AB 2474Author:Simitian
As Amended:May 14, 2002 Fiscal: Yes
SUBJECT: Automotive products.
SUMMARY: Requires engine coolant or antifreeze being sold
in this state, containing more than 10% ethylene glycol
(substance used as antifreeze), to have Denatonium Benzoate
(a bittering agent), or another equivalent bittering agent,
added to the mixture to render it unpalatable for humans or
animals.
Existing law:
1)Requires the Department of Food and Agriculture to
establish specifications for engine coolants or
antifreeze that promote public safety in the operation of
motor vehicles.
2)Specifies that "automotive product" means engine coolant
or antifreeze, prediluted engine coolant or prediluted
antifreeze.
3)Specifies that "engine coolant" means any substance,
regardless of its origin, intended to be used in a
cooling system of a combustion engine to provide
protection against freezing, overheating, and corrosion
of the cooling system.
This bill:
1)Requires any engine coolant or antifreeze manufactured
after January 1, 2003, and sold in this state after July
1, 2003, that contains more than 10% ethylene glycol,
shall include Denatonium Benzoate at a minimum of 30
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parts per million as a bittering agent within the product
so as to render it unpalatable.
2)Allows for another aversive agent to be used if it meets
or exceeds the degree of aversion of Denatonium Benzoate.
3)Provides that a manufacturer or packager of a product
requiring the inclusion of a bittering agent shall
certify in writing, to the Division of Measurement
Standards of the Department of Food and Agriculture, the
trade name, scientific name, and active ingredients of
the employed bittering agent, no later than 30 days after
the bittering agent has been added.
4)Specifies that those who manufacture, distribute or sell
this automotive product would not be liable for the
injury, death or property damage that could result from
the inclusion of the bittering agent, with specified
limitations.
FISCAL EFFECT: According to the May 8, 2002, analysis of
the Assembly Appropriations Committee, there are minor
absorbable costs to the Department of Food and Agriculture
to process the required certifications from manufacturers
or packagers of the automotive product.
COMMENTS:
1.Purpose. According to the author, ethylene glycol is
extremely toxic and has a natural sweet taste. The sweet
taste has been the cause of many accidental poisonings of
children and animals. Requiring Denatonium Benzoate, or
an equivalent bittering agent, to be added to any product
using more than 10% of ethylene glycol, will prevent such
a product from being ingested by humans and animals in
the future. As indicated by the author, this bill is
similar to a 10-year old Oregon law that has successfully
discouraged children and pets from drinking the
softdrink-colored antifreeze at a cost of only $0.02 to
$0.03 per gallon.
2.Background. The California Poison Control Services
reported that in 2000, there were 66 accidental poisons
resulting from the ingestion of antifreeze by children
age 12 and under. As indicated by the author, it is
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estimated that 90,000 animals die each year from
ingesting ethylene glycol-based antifreeze. Thirteen
California Pet Emergency Clinics were recently surveyed
and reported 136 cases of ethylene glycol poisoning - all
but 29 died. Two teaspoons of antifreeze can kill a
child, with permanent liver and kidney problems resulting
from the ingestion of only one teaspoon. Half a cup of
antifreeze would kill any human being.
Aversive agents are currently used in a number of household
products, including pesticides, to deter ingestion.
Denatonium Benzoate is a generic chemical considered to
be the most bitter substance known and studies have shown
it to be an effective substance to prevent or mitigate
large volume ingestion of products. This chemical is
currently required to be added to ethylene glycol based
antifreeze in England, Japan and Australia.
According to the International Engineering Society for
Advancing Mobility Land Sea Air and Space (SAE),
Denatonium Benzoate posses no serious problems to the
environment or ground water. No serious problems have
been identified or reported in the use of this product as
a bittering agent to ethylene glycol. Additionally, the
SAE asserts that Denatonium Benzoate is not likely to
enter ground water as a result of accidental spilling or
disposal on soil. The SAE reports that the bittering
agent bonds with the soil preventing it from migrating
and is broken down by various soil organisms. The SAE
also reports that the specified bittering agent degrades
photochemically in water and also is destroyed by
chlorine used in water treatment plants. The Food and
Drug Administration and the Environmental Protection
Agency also recognize Denatonium Benzoate for its low
toxicity to mammals, birds and fish and its ability to
biodegrade.
3.Previous Legislation. AB 1550 (O'Connell), vetoed by the
Governor in 1993, was substantially similar to this bill.
In the veto message, Governor Wilson said that the bill
failed to demonstrate its overall effectiveness, and it
was premature for the State of California to require
manufacturers to add bittering agents to products before
these substances are fully evaluated and determined to be
effective.
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4.Arguments in Support. The California Veterinary Medical
Association has taken a support position on the bill and
indicates that their veterinarians see numerous cases of
accidental poisonings each year due to antifreeze
consumption, which they believe could be potentially
alleviated with the introduction of a bittering agent
into the product. Numerous other supporters of the bill
believe that this bill is an important step in attempting
to stave off the unnecessary incidents of accidental
poisonings and untimely deaths of both children and
animals by merely rendering the ethylene glycol
"unpalatable."
5.Arguments in Opposition. Opponents, including General
Motors Corporation and the Automotive Aftermarket
Industry Association , maintain that there is insufficient
conclusive evidence that Denatonium Benzoate is not
harmful to the environment, and that it is not clear that
this bittering agent will deter children from ingesting
ethylene glycol antifreeze. They claim that there are
studies and reports that have found that this chemical is
not biodegradable and is likely to remain in the
wastewater and could leach through the soil. These
studies and reports have not been cited nor provided to
this Committee for verification.)
6.Oppose Unless Amended. There are two large recycle
companies that have requested that the bill be amended to
protect them from liability for release of Denatonium
Benzoate or other aversive agents into the environment.
The amendments proposed appear to exempt them from
liability for any past and future damage that may occur
to the environment for the inclusion of the aversive
agent in antifreeze, even if improperly handled and
released by the recycler. The author indicates that he
is working with the opposition to possibly address their
concerns. However since this bill is double-referred to
the Senate Judiciary Committee, the liability issue can
be effectively addressed in that Committee.
The Alliance of Automobile Manufacturers is opposed unless
the bill is amended to limit its application to coolant
or antifreeze that is produced and sold for household use
only, and to clarify the liability language so that they
are not held liable for any damage to the environment
that may result from the use of Denatonium Benzoate.
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The California Alliance for Consumer Protection is opposed
and suggests that the bill be amended to make all aspects
of creating and producing the bittering agent, as well as
putting it into the solution an option, with
participation being rewarded with an accelerated tax
credit on the equipment and supplies needed to comply
with this act.
7.Request for Amendment Deleting Immunity from Liability
Provision. The Consumer Attorneys of California support
the inclusion of Denatonium Benzoate as a bittering
agent in antifreeze and coolants but do not believe the
immunity provision in the bill is necessary. They argue
that manufacturers should comply with the bittering agent
requirement because it can save lives and that the
probability of being sued for compliance is really
minimal (they are aware of no litigation on this issue in
other states). They also argue that the manufacturers'
"fear of liability" is bad precedent and unneeded and
that they do not deserve special protection in this
instance.
NOTE: Double-referral to Senate Judiciary Committee
SUPPORT AND OPPOSITION:
Support: Doris Day Animal League (Co-Sponsor)
Lauren Ward of Cupertino, California (Co-Sponsor)
California Integrated Waste Management Board
California Medical Association
California Veterinary Medical Association
Physicians Committee for Responsible Medicine
Sierra Club California
Office of the District Attorney, County of Ventura
The Humane Society of the United States
California Federation for Animal Legislation
The National Humane Education Society
Animal Legal Defense Fund
Action for Animals Network
Contra Costa Humane Society
The Fund for Animals
People for the Ethical Treatment of Animals
Animal Legislative Action Network
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Association of Veterinarians for Animal Rights
Action for Animals
Opposition: General Motors Corporation
Alliance of Automobile Manufacturers
Automotive Aftermarket Industry Association
ROMIC Environmental Technologies Corporation
DeMenno/Kerdoon
Consumer Attorneys of California
The California Alliance for Consumer Protection
Consultant:Bill Gage