BILL ANALYSIS
SB 1230
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2007-2008 Regular Session
BILL NO: SB 1230
AUTHOR: Maldonado
AMENDED: March 24, 2008
FISCAL: No HEARING DATE: April 7, 2008
URGENCY: No CONSULTANT: Bruce Jennings
SUBJECT : DETERGENTS: PHOSPHORUS
SUMMARY :
Existing law :
1) Pursuant to various regulations and directives, the
European Union is acting to restrict detergent ingredients
that are recognized as posing a hazard to human health or
the environment, including numerous chemicals recognized as
bioaccumulating in the environment.
2) Pursuant to other states' laws, restrictions exist for the
sale and use of specified types of phosphate detergents,
including a recently enacted measure in Washington State
(House Bill 2322 of 2006).
3) Prohibits, on and after January 1, 2008, a person from
manufacturing, processing, or distributing in commerce a
product, or a flame-retarded part of a product, containing
more than 1/10 of 1% pentaBDE or octaBDE, by mass (Chapter
205, Statutes of 2003).
This bill :
1) Prohibits the use, sale, manufacture, or distribution for
sale of any cleaning agent containing more than .5%
phosphorus by weight, beginning July 1, 2010.
2) Specifies that the .5% phosphorus limit does not include
excesses that are incidental to manufacturing, except as
provided in this chapter.
3) Defines cleaning agent, but excludes various uses, such as
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when used for dairy, beverage, or food processing
equipment.
4) Exempts those cleaning agents that are exclusively
manufactured, stored, or distributed for use or sale
outside of California.
5) Authorizes the State Department of Health Care Services to
regulate the use of a cleaning agent containing phosphorus
in an amount exceeding .5 percent by weight upon finding
that compliance with this chapter would create a
significant hardship on the user or would otherwise be
unreasonable because there is no adequate substitute.
COMMENTS :
1) Purpose of Bill . According to the author, SB 1230 will
prohibit the use, sale, manufacture or distribution for
sale of any cleaning agent that contains more than 0.5%
phosphorus. Presently, most dish detergents contain
between 4 and 8 percent phosphate content by weight. The
average household uses 36 pounds of dishwasher detergent
each year. Currently there is no existing prohibition on
the sale of household cleaning agents that contain more
than 0.5% phosphorus. Phosphorus enters water bodies from
sources including laundry soap and dish detergents. In
water bodies, phosphorus causes excessive algae growth,
which interferes with photosynthesis of submerged plants by
blocking sunlight, causing them to die. When this happens,
dissolved oxygen levels near the bottom drop because oxygen
demand by decomposing bacteria is great while little or no
oxygen is being produced by the dying plants. The problem
is compounded when organisms that flourish is
oxygen-starved environments release hydrogen sulfide and
methane. These substances are toxic to fish and other
aquatic life. SB 1230 would remedy the phosphate discharge
into California's waterways, taking away the risks to
humans and the environment.
2) Background . Phosphorous enters water bodies from sources
including laundry soap and dish detergents. In water
bodies, phosphorous can cause excessive algae growth.
Algae robs the water of oxygen that fish and other aquatic
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life need to survive. Phosphorous is a key nutrient for
blue-green algae (cyanobacteria), which can be toxic to
pets and humans. Blue-green algal blooms are unsightly,
cause an unpleasant odor, and can produce dangerous toxins.
Dish detergents contribute 15-20% of the phosphorous entering
wastewater treatment plants. Between 9% and 34% of the
phosphorus in the wastewater treatment plant comes from
dishwashing detergent. Most dish detergents contain between
4 and 8 percent phosphate content by weight. The average
household uses 36 pounds of dishwasher detergent each year,
releasing 2 pounds of phosphorous into groundwater supplies
or into wastewater treatment facilities.
Over thirty years ago, states and the federal government began
recognizing the dangers of excess phosphorous in our
waterways. By the early 1990s, several states had passed
bans on phosphorous in laundry detergent. However, a lack
of alternatives prevented this ban from being extended to
dishwashing detergent. Now, phosphorous-free detergent is
becoming increasingly popular and available for purchase.
Phosphate-free dish detergents will remove a significant
percentage of phosphorous from sewage effluent as well as
on-site septic systems, where phosphorous leaches into
groundwater and adjacent water bodies. A number of
phosphate-free dish detergents are currently available on
the market. Independent laboratory testing has shown that
phosphate-free detergents work as well as high-phosphate
soaps.
3) Recommended Amendments :
a) Changing the Administration of the Program . Consistent
with the Governor's recently announced Green Chemistry
Initiative, this program should be incorporated into the
Department of Toxic Substances Control (DTSC) activities
to manage and enforce restrictions on potentially
hazardous products. The bill should eliminate the
current reference to the Department of Health Care
Services and substitute DTSC. It would also be
appropriate to amend the bill to have the chapter written
to clarify that this area of law is within the purview of
DTSC, which assumes a lead responsibility in the
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regulation of products posing potential environmental
hazards.
b) Subordinating and Clarifying Exemptions . The exemptions
for certain uses identified in the bill potentially
create confusion with other areas of law, most notably
other restrictions imposed by the state or regional
boards to achieve water quality objectives. The bill
should be amended to clearly state:
i) exemption identified in this section is
subordinate to other state law, including any
requirement imposed by the state water resources
control board or any regional water quality control
board; and,
ii) the exemption applies only to the content of
phosphate compounds, not other ingredients of
detergents, such as nonylphenol or alkyl phenol
ethoxylates.
4) Prospective Amendment for Further Consideration:
Identifying Ingredients Subject to Prospective Regulatory
Action . The European Union is in the process of reviewing
a number of additional detergent ingredients that have been
identified as posing potential hazards. As a means of
providing supply chain information to businesses and other
users of detergents, a useful service for small businesses
and others may be for the director of DTSC to identify
detergent ingredients that may prospectively be subject to
regulatory action in California, including directives,
rules, and regulations adopted or under consideration by
the European Union.
5) Referral to Rules Committee . Should this measure be
approved by this committee, the do pass motion must include
the action to re-refer the bill to the Senate Committee on
Rules for further review.
SOURCE : Senator Maldonado
SUPPORT : None on file
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OPPOSITION : None on file