BILL ANALYSIS �
AB 1704
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Date of Hearing: May 9, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1704 (Huffman) - As Introduced: February 15, 2012
Policy Committee: Water, Park and
Wildlife Vote: 5-4
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill prohibits, effective January 1, 2013, the sale of coal
tar pavement products and, effective July 1, 2013, the
application of a coal tar pavement product on a driveway,
parking area, airport runway or playground. The bill also
authorizes the Department of Toxic Substances Control (DTSC) to
enforce the prohibition on sale and application of coal tar
pavement products and cleanup of illegal applications.
FISCAL EFFECT
Annual costs of an unknown amount to DTSC, likely in excess of
$150,000, for education, outreach, inspection, enforcement,
cleanup, corrective action and laboratory testing. (Toxic
Substances Control Account (TSCA).)
(DTSC notes that costs to implement the bill will depend,
largely, upon the prevalence of coal tar pavement product use in
the state. Because this prevalence is unknown, DTSC is unable
to provide an accurate estimate of the workload it expects to be
associated with this bill. The department expresses concern,
however, that the bill creates new responsibilities for the
department without increasing funding. DTSC reports that the
balance in its administrative funds is particularly low and that
the department would find it difficult to absorb new
responsibilities with existing resources. (DTSC just released a
budget change proposal to reduce funding from TSCA by 24
positions in the budget year.))
COMMENTS
AB 1704
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1)Rationale . The author contends coal tar pavement products are
toxic, carcinogenic and harmful to wildlife and ecosystems and
it is, therefore, inappropriate to allow their sale or use in
California. The author contends there are safer, economical
and effective alternatives to coal tar pavement products.
2)Background . Coal tar is used as a sealant and is applied on
top of asphalt in parking lots, pavements, driveways, airport
runways, playgrounds, roads and other applications. Coal tar
contains polycyclic aromatic hydrocarbons (PAHs). According
to a recent study of sealed pavement runoff conducted by the
United Sates Environmental Protection Agency (US EPA),
sealants applied to asphalt surfaces leached measurable
quantities of PAHs. The US EPA study notes preexisting
research finding that coal tar has been shown to have a
detrimental effect on the overall health of a variety of
aquatic organisms and that the primary components of coal tar
that are presumably responsible for these toxic effects are
PAHs.
It is not clear how much, if any, coal tar paving product is
used in California. The author was not able to provide
documentation estimating use of such products in the state.
However, the author's office reports a request from the
Airport Council to make that organization's members exempt
from the bill's prohibition, evidence that coal tar pavement
products are used in the state to some extent. The policy
committee analysis notes that the South Coast Air Quality
Management District (SCAQMD), the jurisdiction of which covers
one of the most populous and heavily industrialized regions of
the state, reports no coal tar pavement sealants sold in the
district because it exceeds air district limits on volatile
organic compounds.
Some have expressed concern that this bill, and other bills
seeking to ban or limit certain chemicals or products,
inappropriately interferes with the Green Chemistry
Initiative, which statutorily requires DTSC to adopt
regulations to identify and prioritize chemicals of concern,
to evaluate alternatives, and to specify regulatory responses
where chemicals of concern are found in consumer products.
3)Support . This bill is supported by the Santa Clara Valley
Water District and a long list of public health and
conservation groups, who are concerned about the health and
AB 1704
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environmental effects of coal tar pavement product runoff.
4)There is no opposition formally registered to this bill.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081