California AB 1824

[tmoning]

The California legislature is considering a bill that would ban the use of six chemicals in RV holding tank deodorants. It appears that if AB 1824 (introduced by Assemblymember Bill Monning) becomes law, RVers in California will have no choice but to purchase and use less effective alternatives that make controlling holding tank odors challenging when outside temperatures reach and exceed 80 degrees.

AB 1824 would ban the use of holding tank products containing bronopol, dowicil, formaldehyde, glutaraldehyde, paraformaldehyde and para-dichlorobenzene.

The legislative history suggests that campground owners have promoted this legislation because a small number of them have been cited for non-compliance when their septic systems failed to work properly. It appears that the owners are blaming holding tank deodorants for these failures. Certain industry groups, including the Recreation Vehicle Industry Association,(RVIA) have conducted research and say such claims have no scientific basis.

RVIA points out that California has enacted a “Green Chemistry” law, which mandates that a scientific body, rather than the Legislature, make judgments based upon sound science about what chemicals should be restricted. The ban on chemicals proposed by AB 1824 is not consistent with California’s “Green Chemistry” law.

FMCA has conducted no independent research on this matter and encourages each interested FMCA member who is a California resident to investigate the merits of the legislation.

AB 1824 is on a fast track to the Senate floor, and is likely to be considered during the first week of August 2010. FMCA encourages you to become knowledgeable about the proposed legislation and voice your opinion to your state senator and Gov. Schwarzenegger by Aug. 2, 2010.

If you oppose the legislation, here is a sample letter that you can send to your legislator and the Governor: http://www.fmca.com/index.php/members/3212. Copy all or part of the sample letter, or write your own original letter.

[wolfe10]

Just FYI, we have never used any holding tank chemicals, nor have we had holding tank odors in the coach.

There is really no way to make a holding tank smell good. The concept in an RV is to isolate the tank from the interior such that air does not move from tank to interior.

A properly designed black and gray water system that is kept in good working condition SHOULDN'T allow odors from tank to interior.

Brett

[Guest BillAdams]

Oppose it! We should all applaud it!

You don't need chemicals, you just need a well thought out holding tank and vent (not to be confused with septic). Keep the fluids until full and then dump them in an appropriate dump station. What could be more simple?

[Guest Wayne77590]

And how do they propose to enforce this law for the many who travel through the State? I can see/hear the CG personnel now, "Oh! Just a minute. Before you hook up, put a little in this cup."

I sure don't want to be that inspector.

[tmoning]

Status update: The California State Senate passed AB 1824 on Aug. 2, with 30 votes in favor and three opposed. The bill has been sent to the governor, who may sign or veto the bill.

The questions of how this law would be enforced, and how it would affect motorhomers traveling from out-of-state, remain.

[dalltop]

You are stopped at the border, whoops. I mean state line now. I was searched the last time for gypsy moth larva (or was it the ash burring beetle) since I was from Maryland. Funny how you can not get a basket of fruit through the border, I mean state line, but you can travel if you have no license, insurance, citizenship.

They were very nice about it really, and I do not want to transport dangerous parasites that will harm the environment. But I am sure that they would be able to ask about what chemicals you are transporting and search as necessary. Removal of banned chemicals as you enter the state would stop someone from adding any additional non-green chemicals to the system after they dump what was currently in the tanks at the time of crossing into the state.

I also agree that if the holding tanks are designed correctly there should not be an issue of odor.

[tmoning]

California Gov. Arnold Schwarzenegger vetoed the bill last week. In his veto message issued to lawmakers, he wrote:

"Current law already gives the Department of Toxic Substances Control (DTSC) the ability to address the issue of chemical toilet products in recreational vehicles. Additionally, DTSC has the ability to address this issue through the green chemistry process.

Schwarzenegger's letter continued: "This bill presents a scenario that is ripe for a green chemistry approach: competing science on each side of the issue; concern about the effectiveness of alternative products for the consumer’s intended use; consumer reaction in the wake of an ineffective alternative; and questions as to whether banning particular chemicals will actually address the underlying problem.

"Neither I, nor members of the legislature, are best equipped to answer these questions," he added. "We need science and scientists to undertake this challenge and develop a solution that both addresses the chemical problem and provides the consumer with a product that is both economical and effective for its intended purpose.

"Under the leadership of my secretary for environmental protection, the green chemistry process is well under way at DTSC. We will have regulations adopted by Jan. 1, 2011, and DTSC should address the issue raised in this bill either in that process or under their existing authority."

[tmoning]

Debbie Sipe, executive director of the California Association of RV Parks and Campgrounds, has issued this statement regarding Gov. Schwarzenneger's veto of proposed RV holding tank product legislation.

AB 1824 – Vetoed!

It is with great disappointment that we report Governors Schwarzenegger’s veto of AB 1824 last week. With only three nay votes in the entire legislature, we had hoped that the Governor would see the truly bi-partisan support of the bill. While being a pro-environmental issue, this was also a pro small business issue. We thought the combination of these two items, along with our members’ letter writing campaign, would convince the Governor to sign the bill. However, the Governor, backing his Green Chemistry Initiative Program, chose to veto the bill.

What is the Green Chemistry Initiative? Perhaps you will remember the legislation from several years ago banning certain chemicals in plastics, specifically the type of plastic in baby bottles. The scientists put forth evidence on both sides contradicting each other’s findings. During that same year, eleven other chemical related bills tried to make their way through the legislature. Eventually, the legislators and the Governor threw their hands in the air, knowing that none of them had the collective education to understand the science behind each piece of legislation. As a result, the Governor created the Green Chemistry Initiative, a process by which chemical issues will now be thoroughly researched by the California Department of Toxic and Substance Control (CTSC). Their findings will create regulations in which to address each individual issue.

CalARVC submitted our holding tank issue to the Green Chemistry Initiative in November of 2007. However, because of our close work with CTSC, they told us up front that it will be years before our issue gets to the “top of the pile.” Knowing that CTSC would be tackling issues that affect the greatest populations first, we grappled with the decision to move forward with AB 1824. But with the support of the Senate Committee on Natural Resources and the State Water Resources Control Board, we decided it was worth the risk.

So, what’s next politically? Our Government Affairs Committee will be reviewing our next strategic steps in September. RVIA, FMCA and the major chemical companies have offered to meet and find mutually beneficial solutions. While chemical based treatment products are a major problem for septic and small municipal treatment facilities, it is not the only challenge facing campground operators in regards to wastewater output. Perhaps the combined efforts of everyone in the industry can find ways to work together. And even though the campground industry is a relatively small piece of this great industry, without successful campgrounds, all other parts of the industry will suffer.

We will chock this battle up to a loss, but are pleased about the amount of conversation we created around the country within and outside our industry. More, now than ever, awareness of the problems surrounding chemically based holding tank products is at its greatest point.

Thetford, the largest manufacturer of chemical based products, launched their Eco-Smart line in January of 2009. Dometic Corp. has permanently removed formaldehyde from the contents of its products. Just last month ELS, the largest owner of RV & manufactured housing communities, announced a brand new product—free of formaldehyde and other chemicals. Then there have been the longtime believers in bacterial or enzyme based products all along: Eco-Save, Heartland Labs, just to name a few. The tide is coming in and it is our sincere hope that these companies will choose to support fellow members of their industry rather than continue to sell problematic, environmental-unfriendly and hazardous products here in California and around the country. We ask campgrounds and aftermarket stores to only stock environmentally safe and septic tank friendly bacteria or enzyme based RV holding tank products.

We’ll take a lesson from Canada’s “Camp Green, Canada” campaign and create our own “Camp Green, California.” We will create a central point for consumers and campground operators to access resources. We’ll provide links to the best research we can find, the EPA alert and the Univ. of Arizona publications. We’ll provide a complete list of all products available and their contents.

So, yes, we lost this battle. But with the help of our members, consumers and the collective RV industry, we hope to win the war!