BILL ANALYSIS
AB 1824
Page 1
Date of Hearing: May 5, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1824 (Monning) - As Amended: April 20, 2010
Policy Committee: Environmental
Safety and Toxic Materials Vote: 9-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
As proposed to be amended, this bill prohibits use of certain
chemicals in a chemical toilet, recreational vehicle, or waste
facility of a vessel. Specifically, this bill:
1)Lists six chemicals as detrimental to a sewage system, as well
as any chemical identified as such by DTSC regulations.
2)Prohibits the use of a nonbiodegradable toxic chemical or a
chemical that is detrimental to a sewage disposal system in a
chemical toilet, a recreational vehicle, or a waste facility
of a vessel.
3)Prohibits the sale of a nonbiodegradable toxic chemical or a
chemical that is detrimental to a sewage disposal system in a
chemical toilet, a recreational vehicle, or a waste facility
of a vessel in a container indicating the chemical could be
used in a chemical toilet, a waste facility of a recreational
vehicle, or a waste facility of a vessel.
4)Permits the Department of Toxic Substances Control (DTSC) to
develop and adopt regulations to define nonbiodegradable toxic
chemicals and to set limitations on the sale of those
chemicals.
5)Includes assurance that DTSC retains authority to further
regulate chemical toilet additives.
FISCAL EFFECT
Minor, absorbable costs to DTSC to enforce a ban of a list of
AB 1824
Page 2
chemicals that is slightly longer than the list of chemicals
already banned.
COMMENTS
1)Rationale . Proponents describe RV park septic systems that
operate using natural bio-organisms to treat and breakdown
sewage. Toxic chemicals, these proponents claim, kill the
natural bio-organisms and cause the septic systems to fail,
resulting in seepage into surrounding soil and groundwater.
Yet many RV operators continue to dump these toxic chemicals
into RV park septic systems, nonetheless. Proponents contend
this bill furthers long established state policy by adding six
toxic chemicals to the list of chemicals the state bans from
chemical toilets.
2)Background .
a) Inside the Septic System . A typical septic system uses
natural processes to treat wastewater onsite, rather than
at a municipal wastewater treatment plant. The septic tank
separates solids from liquids, while bacteria partially
break down contaminants. The policy committee analysis
sites the United States Environmental Protection Agency,
which notes that chemicals, such as formaldehyde, can kill
a septic system's beneficial bacteria, causing the system
to fail. As a result, inadequately treated solid waste
clogs the system. Poorly treated sewage rises to the
surface, endangering people and animals that come in
contact with it. It might also percolate into the ground
water, where the chemically tainted soiled water can
contaminate drinking water wells, rivers and streams.
b) RV Operators-Putting the "Chemical" in Chemical Toilets .
The Legislature directed the then-Department of Health
Services, by 1978, to adopt regulations to define
nonbiodegradable toxic chemicals and limit their sale. The
department did so, and as a result, existing law prohibits
19 chemicals in a chemical toilet, recreational vehicle, or
waste facility. It also bans the sale of a
nonbiodegradable toxic chemical in a container which
indicates that the chemical could be used in a chemical
toilet, a waste facility of a recreational vehicle, or a
waste facility of a vessel as the term vessel. DTSC has
not updated its list of nonbiodegradable toxic chemicals;
AB 1824
Page 3
nor is it clear DTSC has the authority to do so. This is
because the statue authorizing DTSC's initially
identification of these chemicals specified a deadline for
action of 1978.
According to the California Association of RV Parks and
Campgrounds (CalARVC), the sponsors of the bill, most RV
operators are unaware of environmentally friendly
alternatives to toxic chemical used in RV toilets. So,
they continue to use nonbiodegradable toxic chemicals and
subsequently dump them into RV park septic systems. RV
Park owners, concerned about the cost to repair or replace
a ruined septic system, are in the unenviable and seemingly
ineffective position of educating their customers about
alternatives to these chemicals and prohibiting their use.
3)The State's Green Chemistry Initiative . In 2009, the governor
signed AB 1879 (Feuer and Huffman) Chapter 559, Statutes of
2008. The statute requires DTSC to adopt regulations by
January 1, 2011, to identify and prioritize chemicals of
concern, to evaluate alternatives, and to specify regulatory
responses where chemicals of concern are found in consumer
products. The resulting program should yield a comprehensive
process to identify and manage chemicals of concern and their
alternatives.
4)Support . This bill is sponsored by California Association of
RV Parks and Campgrounds and supported by California Travel
Industry Association and the Sierra Club California, who argue
the DTSC lacks the authority to regulate the use of the six
chemicals specified in this bill, which are not "biodegradable
toxic chemicals." Supporters add that, in any case, DTSC has
been unresponsive in addressing the addition of problematic
chemicals to RV park septic systems.
5)Opposition . The bill is opposed by the Thetford Corporation,
which makes chemical and other products used in RV toilets.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081