ITEM 6-D
Council Meeting: April 25, 1995
To: Mayor and City Council
From: City Staff
Subject: Recommendation to Adopt Resolutions Opposing the
Passage of California Senate Bill 176 and California
Assembly Bill 1947.
Introduction
This report recommends that the City Council adopt a resolution
opposing the passage of California Senate Bill 176 and California
Assembly Bill 1947. SB 176 imposes restrictions on the
dissemination of information on products containing hazardous
ingredients and safer alternatives to those products. AB 1947
mandates the addition of significant administrative requirements
for all local ordinances concerning hazardous materials. The
League of California Cities has adopted positions opposing both
bills. As requested by the City Council, copies of both bills
are attached to this report.
Senate Bill 176 (Alquist)
Background
Senate Bill 176 has recently been introduced in the California
State Senate by Senator Alfred Alquist. The bill, sponsored by
manufacturers of hazardous household chemicals, would restrict
state and local agencies from distributing information regarding
the use, storage, and disposal of these potentially dangerous
chemicals. In addition the bill would restrict information which
identified less hazardous products.
The bill also directs the State to develop a uniform information
campaign on the proper disposal of hazardous products found in
and around the home. In addition, the bill requires that
information on use, storage, and disposal provided by all state
and local agencies be consistent with product labeling and
prohibits the distribution of information not found to be
"competent and reliable," as defined in the bill. The bill
specifically restricts the distribution of information on safer
substitutes for household hazardous materials.
Discussion
The principal concern with the proposed bill is the definition of
"competent and reliable" information. While all state and local
agencies are interested in the competence and reliability of the
information they distribute, the definition contained in this
bill lacks clarity and specificity, thereby potentially
precluding an agency from distributing information regarding
hazardous chemicals. Additionally, there is no provision in the
bill for how information will qualify as "competent and
reliable". The limitations imposed on the distribution of
information by local agencies serves to undermine the City s
public information efforts regarding source reduction and
pollution prevention, and is contrary to the policies adopted in
the Sustainable City Program.
The unspecified nature and depth of scientific data required to
support an agency s finding that information is "competent and
reliable" would, for example, prohibit the agency from
recommending such environmentally friendly products as vinegar,
lemon juice, pumice stone, steel wool, or a plumber s snake since
comprehensive scientific testing does not exist for these items.
In spite of the obvious inappropriateness of applying the
proposed standard to such safe products, any agency which would
recommend one of these items as a replacement for a caustic and
toxic drain cleaner would be in violation of the law.
SB 176 also requires that all information distributed by local
jurisdictions be consistent with product labeling. Yet, the
information found on many home chemical containers is unclear,
misleading, or simply wrong. For example, disposal instructions
on home pesticide containers directs the consumer to dispose of
the unused portion of the poison by wrapping the container in
newspaper and throwing it in the municipal trash. This
deliberate obscuring of a pressurized container of poison, while
recommended by the manufacturer, is not only illegal in most
jurisdictions, including Santa Monica, it is responsible for
numerous injuries to sanitation workers and has contributed to
the contamination of landfills.
Although Senate Bill 176 decreases local control over hazardous
waste management, it does not decrease the potential for local
liability. The loss of control over the constituents of the
municipal trash, sewer outflows, or storm water runoff may result
in an increase in the toxicity of these waste streams and would
thus exacerbate the City s liability.
In addition, the bill would effectively undermine the intent of
the City s Household Hazardous Materials Consumer Awareness
Labeling Ordinance as information regarding proper disposal and
source reduction would be restricted.
Assembly Bill 1947
Background
Assembly Bill 1947 introduced by Assemblyman Jim Battin also
impacts the ability of local agencies to manage hazardous
materials. The bill states that every regulation adopted,
amended, or repealed by all local agencies relating to hazardous
materials must be submitted to the California Office of
Administrative Law (OAL) for review prior to implementation and
must meet specified standards concerning necessity, authority,
clarity, consistency, reference, and nonduplication. The bill s
definition of hazardous materials is very broad including
standards for underground tank storage, household hazardous
waste, and materials discharged into sewers or storm drains. In
addition, the AB 1947 specifies a procedure for review by an
arbitrator should any party wish to challenge the City s actions.
Discussion
Assembly Bill 1947, like SB 176, mandates the addition of
burdensome and unnecessary administrative oversight regarding the
management of hazardous materials. Many of the same concerns
regarding the loss of local control discussed for SB 176 also
apply to AB 1947. If passed, staff would be required to commit
extensive resources establishing and maintaining the extensive
bureaucratic procedures listed in the bill, thereby making it
almost impossible to take timely, efficient action to protect the
City from potential harm from hazardous materials. Further, once
an ordinance is adopted by the City Council, implementation could
be delayed indefinitely by both the mandated review by the OAL
and the open ended appeals process specified in the bill.
Currently, the OAL is neither staffed for nor capable of
reviewing the number of local hazardous materials related
regulations which are mandated by state and federal programs.
Communities such as Santa Monica which may pursue more active
public health and environmental protection from hazardous
materials and waste exposure would be further deterred due to the
lengthy implementation delays imposed by the bill.
Assembly Bill 1947 also creates an appeals process whereby any
person may challenge a regulation on the grounds that it does not
meet the standards set forth in the bill. The bill mandates the
use of an arbitrator to evaluate every challenge to a regulation.
Should the arbitrator find that the regulation does not meet the
standards set forth in the Government Code, no appeal would be
possible and the regulation would be remanded back to the City.
Should the arbitrator find that the regulation, as written, meets
all the standards set forth in the Government Code, the
challenging party is free to appeal the decision pursuant to the
Code of Civil Procedure. By allowing for unrestricted appeals,
Assembly Bill 1947 could freeze the implementation of any action
taken by the Council to manage hazardous materials no matter how
great the potential for damage to public health or the
environment.
Many cities, counties, and environmental organizations have
expresssed their opposition to Senate Bill 176 and Assembly Bill
1947. The League of California Cities has adopted positions
against SB 176 and AB 1947. Both bills would establish complex
and vast administrative mandates which are contrary to the
movement to increase local control and decrease government
bureaucracy. Both bills would restrict the City s ability to
manage hazardous materials within its jurisdiction and would, as
a consequence, increase the toxicity of our waste stream and
increase the City s long-term liability concerning the fate of
these hazardous materials in Santa Monica Bay and beyond.
Financial/Budget Impact
The recommendation contained in this report does not have any
budget or financial impact.
Recommendation
Staff requests that the City Council adopt the attached
resolutions opposing the passage of California Senate Bill 176
and California Assembly Bill 1947.
Attachments: Resolutions
California Senate Bill 176
California Assembly Bill 1947
Prepared by: Craig Perkins, Director of Env. and Public Works
Management
Brian Johnson, Environmental Coordinator
Deborah O. Raphael, Environmental Analyst