California AB 498

An act relating to environmental protection

Introduced by Assembly Member Wilma Chan 21feb01

[AB 498 text below]

Assemblywoman Wilma Chan California Assembly State Capitol, Room 4098 Sacramento, CA 95814

Contact email: oscar.daly@asm.ca.gov

News from Assemblywoman Wilma Chan

Press Release

ENVIRONMENTAL HEALTH BILL TO REDUCE BIRTH DEFECTS AND CANCER INTRODUCED BY WILMA CHAN

Legislation would phase out use of worst toxins identified by U.S. EPA

Legislation requiring the state to adopt a strategy for eliminating the worst environmental health toxins was introduced today by Assemblywoman Wilma Chan (D-Oakland). Assembly Bill 498 targets pollutants known as Persistent, Bioaccumulative Toxins (PBTs) because of their health risks to children and babies due to their toxicity, persistence in ecosystems and accumulation in the food chain.

"We need a statewide strategy to eliminate toxins linked to cancer, developmental disabilities and immune system disorders that disproportionately affect children and babies in low income urban areas. Pollution prevention is the key," said Chan.

PBT exposure can be reduced or eliminated through procurement, design, operation and disposal decisions that reduce or eliminate products that are manufactured with, contain or produce PBTs.

"We want the Secretary for Environmental Protection to examine pollution prevention practices in procurement, property design, construction, maintenance and demolition, materials use, and waste management and develop a statewide plan to eliminate new PBTs," said Chan. Under the bill, the Secretary for Environmental protection will have to present a plan to the Legislature by March 1, 2002.

The United States Environmental Protection Agency (US EPA) has established a list of priority PBTs, including dioxins and mercury which have been linked to increased cancer risk, harm to children and the fetuses, disorders of the immune, developmental, hormonal, and reproductive systems, as well as other human health problems.

In the Bay Area, residents who consume fish from the Bay are at additional risk from PBT exposure as dioxin and mercury contamination in fish reaches health advisory levels throughout the San Francisco Bay, San Francisco Bay fish consumers are predominantly low income and people of color.

Children and babies are especially vulnerable to the health effects of PBTs, as nursing infants take in 50-100 times more dioxins than adults and fetuses may be exposed to mercury through the mother's blood while infants may be exposed through breast milk. US EPA's June 2000 reassessment of dioxins health effects estimates that the general public's exposures are near levels that may cause adverse health effects, and indicates an approximate 10-fold increased cancer risk over previous assessments.

A number of state and national associations and agencies including the California Medical Association, the American Public Health Association, the United Nations Environment Program, and the International Joint Commission of the U.S. and Canadian governments have agreed upon the need to reduce or eliminate PBTs in the environment.

Sources of new PBT pollution include incineration and combustion of medical, hazardous, solid and other waste, combustion of diesel and other fuels, production of PVC plastics, chlorinated chemical manufacturing, paper bleaching and production, metal refining and reclamation, oil and waste oil refining, and use and disposal of mercury and its compounds.

AB 498 Assembly Bill - INTRODUCED BILL NUMBER: AB 498 INTRODUCED BILL TEXT

INTRODUCED BY Assembly Member Chan

FEBRUARY 21, 2001

An act relating to environmental protection.

LEGISLATIVE COUNSEL'S DIGEST

AB 498, as introduced, Chan. Persistent, bioaccumulative toxins. Existing law requires the Office of Environmental Health Hazard Assessment, upon the request of, and in consultation with, the State Air Resources Board, to evaluate the health effects of and prepare recommendations regarding the substances that may be or are emitted into the ambient air of California and that may be determined to be toxic air contaminants.

This bill would require the Secretary for Environmental Protection to submit to the Legislature a statewide strategy to eliminate all releases of persistent, bioaccumulative toxins into the state's environment. The bill would require the secretary to conduct a series of meetings with specified persons, including business leaders, environmental organizations, and the general public, to develop that strategy. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1. The Legislature finds and declares all of the following: (a) Bioaccumulative chemicals are toxic and long lasting substances that can build up in the food chain to levels that can be harmful to human and ecological health. These contaminants can be transported long distances in the atmosphere and can move readily from land to air and water. Because of their persistence and bioaccumulative properties, these contaminants do not break down easily. Many of these substances are human made and have only been in existence for a relatively short period of human history. (b) Many persistent, bioaccumulative toxins are associated with a range of adverse human health effects, including effects on the nervous system, reproductive and developmental problems, cancer, and genetic impacts. Particular hazards may be posed to the developing fetus or young children because critical organs, such as the central nervous system, are still under development. Also, certain individuals who consume, for economic or cultural reasons, large amounts of fish from local waters contaminated with persistent, bioaccumulative toxins may be at higher risk for adverse effects. (c) In order to protect public health and the environment, as well as to promote cleaner technologies and prevent pollution, the Legislature believes it is necessary for the state to develop a precautionary approach regarding the production, use, storage, and disposal of persistent, bioaccumulative toxins. SEC. 2. (a) The Secretary for Environmental Protection shall submit to the Legislature, on or before March 1, 2002, a statewide strategy to virtually and permanently eliminate all releases of persistent, bioaccumulative toxins into the state's environment, including the air, land, and water. (b) In developing the strategy required by subdivision (a), the secretary shall conduct a series of meetings with business leaders, environmental organizations, scientists, health professionals, state agencies, the general public, and interested communities.

29mar01 COMPLETE BILL HISTORY BILL NUMBER : A.B. No. 498 AUTHOR : Chan TOPIC : Persistent, bioaccumulative toxins. TYPE OF BILL : Active Non-Urgency Non-Appropriations Majority Vote Required Non-State-Mandated Local Program Fiscal Non-Tax Levy BILL HISTORY 2001 Mar. 5 Referred to Com. on E.S. & T.M. Feb. 22 From printer. May be heard in committee March 24. Feb. 21 Read first time. To print.