Fiscal impact
reports (FIRs) are prepared by the Legislative Finance Committee (LFC) for
standing finance committees of the NM Legislature. The LFC does not assume
responsibility for the accuracy of these reports if they are used for other
purposes.
Current FIRs (in
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Previously issued FIRs and attachments may also be obtained from the LFC
in
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SPONSOR |
Romero |
DATE TYPED |
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HB |
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SHORT
TITLE |
Bittering Agent in Antifreeze |
SB |
50/aSFl#1 |
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ANALYST |
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APPROPRIATION
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Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY04 |
FY05 |
FY04 |
FY05 |
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$100.0 See Narrative |
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General
Fund |
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(Parenthesis
( ) Indicate Expenditure Decreases)
LFC Files
Responses
Received From
Department
of Health (DOH)
NM
Department of Agriculture (NMDA)
NM
Environment Department (NMED)
SUMMARY
Synopsis of SFl#1
Amendment
Senate Floor Amendment
1 to SB50 inserts language that allows the manufacture the discretion to
include the bittering agent denatonium benzoate in the antifreeze product or make
an additive available to include in the product. In some cases, the consumer would be required
to purchase the product and the additive to include in the product. This may
cause some confusion among consumers.
The intent of the bill appears to have been compromised because as many
individuals will not purchase the additive and the exposure to hazard
situations will continue to exist. Reference is made to “Significant Issues”
and “Other Substantive Issues” below.
In the amendment, it is not clear if the
manufacturer would even be required to supply the additive or if the bittering
agent would be available as an additive for 55-gallon drums (or larger).
Synopsis of Original Bill
Senate
Bill 50 would require the inclusion of a bittering agent (denatonium benzoate)
in antifreeze sold in
Significant Issues
Ethylene
glycol in antifreeze has been a known health hazard for both animals and
humans. There are no exact figures on how many pet dogs and cats die every year
from ingesting antifreeze that has been left out after motor vehicle coolant
replacement or from a leaking radiator. The sweet taste is attractive to
animals and ingesting only a small amount can be lethal. Veterinarians have had
to treat animals for this problem, costing thousands of dollars.
Human
poisonings also occur fairly frequently and sometimes with dire consequences.
The
FISCAL IMPLICATIONS
The bill does not
contain an appropriation.
However,
if a state agency is going to be responsible for testing for the presence of
this (these) compounds, instrumentation must be acquired to perform the
analyses.
ADMINISTRATIVE IMPLICATIONS
The bill does not
identify the state agency responsible for testing the product. This agency will acquire additional duties.
RELATIONSHIP
The
NM Department of Agriculture notes that the Petroleum Products Standards Act,
Chapter 57, Article 19, Sections 25 through 37 NMSA 1978, establishes standards
for petroleum products in
TECHNICAL ISSUES
There is no penalty
for use of the old product. Also, the bill
does not identify a responsible agency for testing for the presence of added
compounds. Would this be the NM Department
of Agriculture or the Environment Department?
When
requiring the addition of a compound to any product, the risk is always present
that it will change other specifications of the substance.
It
is highly unlikely that any compound introduced at the exceedingly small level
of 30 parts per million, would negatively affect any other antifreeze
specification, however only antifreeze
manufacturers can make the determination as to what level of
what compound could affect other specifications.
Instrumentation
that may be suitable for analyzing denatonium benzoate may not be suitable for
other suitable bittering compounds.
The
draft law also allows for “another aversive agent” to be used if it meets or
exceeds the degree of aversion in test subjects obtained by utilizing the
formulation of thirty parts per million of denatonium benzoate. Who will make that determination and what
will it be based on?
OTHER SUBSTANTIVE ISSUES
Significant
areas to which the bill does not apply are the sale of motor vehicles and
wholesale containers of antifreeze which are 55 gallons or larger. Many
commercial automobile stations that provide services such as changing oil and
antifreeze buy their antifreeze in bulk containers. Therefore, newly bought
vehicles or vehicles that have their antifreeze changed at these commercial
stations may not have antifreeze which contains the bittering agent. DOH
indicates that auto owners may falsely assume that the antifreeze in their
vehicles is safe. They may not take the usual precautions they would if the
antifreeze were dripping from the vehicle or if they change it at home, leaving
out the container with the used antifreeze.
In a report presented
to the California Integrated Waste Management Board on
The same report noted
that the American Association of Poison Control Centers has recommended that
aversive agents be added to ethylene glycol products. Aversive agents are currently used in other
household products including pesticides. The report states that industry is concerned
that if an aversive agent were added to ethylene glycol based antifreeze,
consumers would be less vigilant in storing and managing the product.
The American Medical
Association, the National Safety Council, the
AMENDMENTS
DOH
suggests amending the bill requiring commercial operations that change
antifreeze in automobiles to also use a bittering agent when they change the
antifreeze in motor vehicles.
Reference is made to
“technical issues” and “fiscal implications” above.
BD/dm