Victory!
On September 29, 2006, Governor Schwarzenegger signed into
law our Chemical Detection bill, AB 289 (Chan). Effective January 1,
2007, this law gives the state the tools it needs to detect
potentially-harmful chemicals that currently go undetected in our
bodies and the environment. California is the first state in the
country to enact such a law. Please read our news release for more information.
Brief Summary
Our inability to track toxic chemicals
According
to the U.S. Environmental Protection Agency, there are more than 85,000
chemicals in commercial use. After initial use, chemicals often find
their way into our bodies and the environment. Of the 58 million pounds
of chemicals reportedly released annually in California, scientists are
able to track less than 10% of these chemicals because they do not have
the methods necessary to detect them.
Autism, birth defects,
learning disabilities, and many forms of cancer are on the rise in
California. Research shows that environmental contaminants, including
toxic chemicals, may be having a significant impact. To reduce our
exposure and accurately assess the need for action against such
contaminants, it is essential that our state scientists have the
necessary methods to detect, track, and evaluate the chemicals widely
present in our environment and in our bodies. Unfortunately, without
costing the state millions of dollars, there is no way for us to know
how toxic chemicals are accumulating in our bodies and in the
environment.
Shifting the burden to the chemical manufacturers
The
Chemical Detection bill, AB 289, authorizes state agencies to request
from chemical manufacturers the analytical test methods for detecting
their chemicals in air, water, soil, and the human body. AB 289 shifts
the cost of developing these methods from taxpayers to the
manufacturers profiting from the chemicals. In many cases, chemical
manufacturers already possess these methods. In cases in which they do
not possess the methods, it will be far easier for manufacturers to
develop them, as they are the most familiar with the chemical’s
properties. Although state agencies would still need to verify the
accuracy of the methods provided by the chemical manufacturers, the
costs to validate the methods are substantially lower than starting
from scratch.
California is the first state in the country with such a law.
Protecting public health
Under
the current system, critical time is lost when government agencies have
to spend months and even years developing an analytical test method.
California scientists estimate that they have the ability to track
fewer than 10% of the high production volume chemicals in use in
California (i.e., chemicals with an annual production and/or
importation volume above 1 million pounds). This can mean that our
public health agencies must race to catch up with emerging toxic
problems, which this was the case with the discovery of PBDEs (toxic
flame retardants) in breast milk and rocket fuel in drinking water.
Saving the state money
Currently,
state agencies investigating the potential hazard of a chemical must
develop the analytical test methods for finding the chemical in air,
water, soil, and the human body, which is an expensive and
time-consuming process. The cost of developing analytical test methods
can run up to one million dollars for a single chemical, placing a
significant financial burden on state agencies and California
taxpayers. The Chemical Detection bill will save the state millions of
dollars by shifting the financial costs from state agencies to the
industries producing the chemicals.
