BILL ANALYSIS
AB 1824
Page 1
GOVERNOR'S VETO
AB 1824 (Monning)
As Amended May 11, 2010
2/3 vote
ENVIRONMENTAL SAFETY 9-0 APPROPRIATIONS 14-3
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| |Nava, Miller, Blakeslee, |Ayes:|Fuentes, Ammiano, |
| |Chesbro, Davis, Feuer, | |Bradford, |
| |Monning, Ruskin, Smyth | |Charles Calderon, Coto, |
| | | |Davis, |
|Ayes:| | |De Leon, Hall, Harkey, |
| | | |Miller, Skinner, Solorio, |
| | | |Torlakson, Torrico |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Conway, Nielsen, Norby |
| | | | |
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ASSEMBLY: 73-0 (May 13, 2010) SENATE: 30-3 (August
2, 2010)
SUMMARY : Prohibits a person from using or selling a chemical
that is detrimental to a sewage disposal system, as specified.
Specifically, this bill :
1)Prohibits a person from using a chemical that is detrimental
to a sewage disposal system in a chemical toilet, a
recreational vehicle, or a waste facility of a vessel.
2)Prohibits a person from selling a chemical that is detrimental
to a sewage disposal system in a container that indicates that
the chemical could be used in a chemical toilet or a waste
facility of a recreational vehicle or vessel.
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3)Defines a chemical that is detrimental to a sewage disposal
system as any of the following:
a) 2-bromo-2-nitropropane-1,3-diol, known as bronopol;
b) 1-(3-chlorallyl)-3,5,7-triaza-1-azoniaadamantane
chloride, known as dowicil;
c) Formaldehyde;
d) Glutaraldehyde;
e) Para-formaldehyde;
f) Para-dichlorobenzene; or,
g) A chemical identified by DTSC as being detrimental to a
sewage disposal system, in regulations that may be adopted
by DTSC.
4)Authorizes the Department of Toxic Substances Control (DTSC),
by regulation, to limit or prohibit the use or sale of a
chemical detrimental to a sewage disposal system in a product
used for a chemical toilet, a recreational vehicle, or a
AB 1824
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vessel.
5)Deletes the requirement for DTSC to develop and adopt
regulations to define nonbiodegradable toxic chemicals and to
set limitations on the sale of those chemicals, but authorizes
DTSC to do so.
6)Authorizes DTSC to further regulate chemical toilet additives.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor, absorbable costs to DTSC to enforce a ban of a
list of chemicals that is slightly longer than the list of
chemicals already banned.
COMMENTS: A typical septic system (sewage disposal system)
uses natural processes to treat wastewater onsite, as opposed to
offsite at a municipal wastewater treatment plant. Septic tanks
promote partial breakdown of contaminants by microorganisms
(bacteria) naturally present in wastewater. However, when
chemicals, such as formaldehyde, are added to septic systems,
they can cause bacteria in the system to die. When this
happens, the septic system cannot treat waste adequately and may
clog. Clogged systems can send inadequately or incompletely
treated sewage to the surface, threatening the health of people
or animals that come into contact with it. Inadequately treated
sewage can also percolate to ground water, where the chemicals
and untreated wastewater could contaminate nearby wells, rivers
and streams.
According to the sponsors of the bill, most recreational vehicle
(RV) owners are unaware that there are products that can be more
safely used in RV toilets in place of those products which can
be detrimental to septic systems. Therefore, RV owners continue
to use products in their RV toilets that degrade septic systems.
The sponsors argue that when these toilets are emptied into
septic systems at RV parks and campgrounds, the septic systems
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may start to fail.
Existing law prohibits the use of non-biodegradable toxic
chemicals (which is defined in regulation and includes a list of
chemicals) in a chemical toilet, recreational vehicle, or waste
facility. It also prohibits the sale of a non-biodegradable
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. This bill creates an additional list of chemicals
that are prohibited for use in, or for sale for, chemical
toilets.
As part of the Green Chemistry Initiative, in 2009, the Governor
signed AB 1879 (Feuer and Huffman) Chapter 559, Statutes of
2008, into law. AB 1879 requires DTSC to adopt regulations by
January 1, 2011, to identify and prioritize chemicals of
concern, to evaluate alternatives, and to specify regulatory
responses to limit exposure or reduce the level of hazard posed
by chemicals of concern. The Green Chemistry program should
yield a comprehensive process to identify and manage chemicals
of concern in consumer products and their alternatives.
GOVERNOR'S VETO MESSAGE :
This bill prohibits the sale and use of a
specified list of chemicals in chemical toilets
and waste facilities of recreational vehicles.
Current law already gives the Department of Toxic
Substances Control (DTSC) the ability to address
the issue of chemical toilet products in
recreational vehicles. Additionally, DTSC has the
ability to address this issue through the Green
Chemistry process.
This bill presents a scenario that is ripe for a
Green Chemistry approach: competing science on
each side of the issue; concern about the
effectiveness of alternative products for the
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consumer's intended use; consumer reaction in the
wake of an ineffective alternative; and questions
as to whether banning particular chemicals will
actually address the underlying problem.
Neither I, nor members of the legislature, are
best equipped to answer these questions. We need
science and scientists to undertake this challenge
and develop a solution that addresses the chemical
problem and provides the consumer with a product
that is both economical and effective for its
intended purpose.
Under the leadership of my Secretary for
Environmental Protection, the Green Chemistry
process is well underway at DTSC. We will have
regulations adopted by January 1, 2011 and DTSC
should address the issue raised in this bill
either under that process or under their existing
authority.
Analysis Prepared by: Shannon McKinney / E.S. & T.M. / (916)
319-3965
FN: 0006318