BILL NUMBER: AB 1824	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 11, 2010
	AMENDED IN ASSEMBLY  APRIL 20, 2010
	AMENDED IN ASSEMBLY  APRIL 7, 2010

INTRODUCED BY   Assembly Member Monning

                        FEBRUARY 11, 2010

   An act to amend Section 25210 of the Health and Safety Code,
relating to hazardous materials.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1824, as amended, Monning. Hazardous materials: toxic
chemicals: sewage systems.
   (1) The Hazardous Waste Control Law prohibits the use of a
nonbiodegradable toxic chemical in a chemical toilet, recreational
vehicle, or waste facility of a vessel and the sale of a
nonbiodegradable toxic chemical in a container indicating that the
chemical could be used in a chemical toilet, waste facility of a
recreational vehicle, or waste facility of a vessel.  The
department is required by June 1, 1978, to develop and adopt
regulations to define nonbiodegradable toxic chemicals and
limitations on the sale of those chemicals.  A violation of the
hazardous waste control law is a crime.
   This bill would additionally prohibit the use and sale of a
chemical that is detrimental to a sewage disposal system for those
purposes. The bill would list those chemicals that are detrimental to
a sewage disposal system and would authorize the department to adopt
regulations that identify additional chemicals determined to be
detrimental to a sewage disposal system. Because the bill would
include additional chemicals in the prohibition against sale or use,
this bill would enlarge the scope of a crime, thereby imposing a
state-mandated local program.  The bill would also make
discretionary the adoption of regulations with regard to
nonbiodegradable toxic chemicals. 
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 25210 of the Health and Safety Code is amended
to read:
   25210.  (a) (1) A person shall not use 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, as defined in Section 651 of the Harbors and
Navigation Code.
   (2) A person shall not sell a nonbiodegradable toxic chemical or 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, a waste facility of a recreational vehicle, or a
waste facility of a vessel, as defined in Section 651 of the Harbors
and Navigation Code.
   (3) The department  shall   may  develop
and adopt regulations to define nonbiodegradable toxic chemicals and
to set limitations on the sale of those chemicals.
   (b) For purposes of this section, a chemical that is detrimental
to a sewage disposal system means either of the following:
   (1) Any of the following chemicals:
   (A) 2-bromo-2-nitropropane-1,3-diol, commonly known as bronopol.
   (B) 1-(3-chlorallyl)-3,5,7-triaza-1-azoniaadamantane chloride,
commonly known as dowicil.
   (C) Formaldehyde.
   (D) Glutaraldehyde.
   (E) Para-formaldehyde.
   (F) Para-dichlorobenzene.
   (2) (A) In addition to the chemicals specified in paragraph (1), a
chemical identified by the department as being detrimental to a
sewage disposal system, in regulations that may be adopted by the
department.
   (B) For purposes of this section, "sewage disposal system" has the
same meaning as defined in paragraph (3) of subdivision (a) of
Section 25210.1.
   (c) The regulations adopted by the department pursuant to
paragraph (2) of subdivision (b) may 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
waste facility of a vessel, as defined in Section 651 of the Harbors
and Navigation Code.
   (d) This article does not limit, supersede, duplicate, or
otherwise conflict with the authority of the department to fully
implement Article 14 (commencing with Section 25251), including the
authority of the department to include products in a product registry
established pursuant to the regulations adopted in accordance with
that article. Notwithstanding subdivision (c) of Section 25257.1, a
chemical product intended for use in a chemical toilet, recreational
vehicle, or waste facility of a vessel shall not be considered as a
product category already regulated or subject to pending regulation
for purposes of Article 14 (commencing with Section 25251).
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.