BILL NUMBER: AB 2276	CHAPTERED
	BILL TEXT

	CHAPTER  770
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2006
	PASSED THE ASSEMBLY  AUGUST 29, 2006
	PASSED THE SENATE  AUGUST 24, 2006
	AMENDED IN SENATE  AUGUST 22, 2006
	AMENDED IN SENATE  AUGUST 7, 2006
	AMENDED IN SENATE  JUNE 20, 2006
	AMENDED IN ASSEMBLY  MARCH 28, 2006

INTRODUCED BY   Assembly Member Pavley
   (Coauthors: Assembly Members Evans, Koretz, Lieber, and Saldana)
   (Coauthor: Senator Ortiz)

                        FEBRUARY 22, 2006

   An act to add Article 8 (commencing with Section 41985) to Chapter
3 of Part 4 of Division 26 of the Health and Safety Code, relating
to air pollution.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2276, Pavley  Ozone: indoor air cleaning devices.
   (1) Existing law imposes various limitations on emissions of air
contaminants for the control of air pollution from vehicular and
nonvehicular sources, including emissions of volatile organic
compounds from consumer products.  Existing law generally designates
the State Air Resources Board as the state agency with the primary
responsibility for the control of vehicular air pollution, and air
pollution control districts and air quality management districts with
the primary responsibility for the control of air pollution from all
sources other than vehicular sources. Existing law requires each
district to attain ambient air standards for specified air
pollutants, including, but not limited to, ozone. Existing law
classifies emissions of ozone in nonattainment areas as moderate,
serious, severe, or extreme.  Existing law generally sets forth
crimes and penalties for violations of air pollution laws and any
rule, regulation, permit, or order of the state board.
   This bill would require the state board, on or before December 31,
2008, to develop and adopt regulations, consistent with federal law
and including specified elements, to protect public health from ozone
emitted by indoor air cleaning devices, including both medical and
nonmedical devices, used in occupied spaces. Because a violation of
these regulations would come within the existing provision making a
violation of state board regulations a crime, this bill would create
a state-mandated local program by expanding an existing crime. The
bill would make related legislative findings and declarations. The
bill would authorize the state board to seek a preemption waiver from
the federal government to authorize the state board to adopt
regulations that are more stringent than federal law.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


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


  SECTION 1.  Article 8 (commencing with Section 41985) is added to
Chapter 3 of Part 4 of Division 26 of the Health and Safety Code, to
read:

      Article 8.  Indoor Air Cleaning Devices

   41985.  The Legislature finds and declares all of the following:

   (a) Ozone is a harmful air pollutant and lung irritant that has
serious health impacts at current levels in outdoor air. The state
board has determined that each year exposure to ozone results in
significant numbers of premature deaths, hospitalizations due to
respiratory and cardiac illnesses, emergency room visits for asthma
for children under 18 years of age, school absences, and restricted
activity days.
   (b) Ozone exposure poses a serious health hazard, whether exposure
is from outdoor or indoor sources.
   (c) Research has demonstrated that long-term exposure to ozone may
permanently damage lung tissue and reduce a person's breathing
ability.
   (d) According to recent studies, ozone-generating air cleaning
devices have produced harmful levels of ozone indoors, up to three
times the state outdoor air quality standard of 90 parts per billion
within an hour or two of operation.
   (e) Ozone is not an effective cleaner for indoor air when operated
at levels that are safe for human occupation.  Independent studies
cited by the United States Environmental Protection Agency and the
Consumers Union have shown that ozone-generating air cleaning devices
do not destroy microbes or reduce indoor air pollutants effectively
enough to provide any measurable health benefits.
   (f) The state board, the State Department of Health Services, and
other governmental agencies have issued warnings to advise the public
not to use devices that are specifically designed to generate ozone
indoors and advertised or marketed as air cleaning devices.
   (g) Ozone emitted from indoor air cleaning devices poses an
unnecessary risk to public health, and, therefore, it is the intent
of the Legislature that the state board establish regulations to
promote improved public health by restricting ozone emissions
generated by these devices.
   41985.5.  For purposes of this article, the following terms have
the following meanings:
   (a) "Federal ozone emissions limit for air cleaning devices" means
the level of generation of ozone above which the device would be
considered adulterated or misbranded pursuant to Section 801.415 of
Title 21 of the Code of Federal Regulations, specifically the
generation of ozone at a level in excess of 0.05 part per million by
volume of air circulating through the device or causing an
accumulation of ozone in excess of 0.05 part per million by volume of
air when measured under standard conditions at 25 degrees Celsius
(77 degrees Fahrenheit) and 760 millimeters of mercury in the
atmosphere of enclosed space intended to be occupied by people for
extended periods of time.
   (b) "Medical device" means "device" as defined in subsection (h)
of Section 321 of Title 21 of the United States Code.
   41986.  (a) On or before December 31, 2008, the state board shall
develop and adopt regulations, consistent with federal law, to
protect public health from ozone emitted by indoor air cleaning
devices, including both medical and nonmedical devices, used in
occupied spaces.
   (b) The regulations shall include all of the following elements:
   (1) An emission concentration standard for ozone emissions that is
equivalent to the federal ozone emissions limit for air cleaning
devices.
   (2) Testing procedures for manufacturers to utilize to determine
ozone emissions from devices. In developing the procedures, the state
board shall consider existing and proposed testing methods,
including, but not limited to, those developed by the American
National Standards Institute and Underwriters Laboratory.
   (3) Certification procedures that enable the state board to verify
that an indoor air cleaning device meets the emission concentration
standard for ozone emissions using the testing procedures adopted by
the state board.
   (4) (A) Package labeling requirements that indicate that an indoor
air cleaning device is certified as meeting the emission
concentration standard for ozone emissions.
   (B) The state board shall consider recommendations of affected
industries and the public in developing the labeling requirements.
   (C) The label for an indoor air cleaning device that is not a
medical device shall include the following statement: "This air
cleaner complies with the federal ozone emissions limit."
   (D) The label for an indoor air cleaning device that is a medical
device shall be labeled in compliance with federal law, including
Section 801.415 of Title 21 of the Code of Federal Regulations.
   (c) The regulations may include any or all of the following
elements:
   (1) A ban on the sale of air cleaning devices that exceed the
emission concentration standard for ozone emissions from indoor air
cleaning devices adopted by the state board.
   (2) Procedures for authorizing independent laboratories or other
approved certification organizations to verify products as meeting
the emission concentration standard for ozone emissions from indoor
air cleaning devices adopted by the state board. Any authorization
shall ensure that verification shall be conducted consistent with the
testing procedures adopted by the state board.
   (3) An exemption for indoor air cleaning devices that, by design,
emit de minimis levels of ozone during their operation, as determined
by the state board.
   (4) Any other element the state board determines to be necessary
to protect the public health from emissions of ozone from indoor air
cleaning devices that exceed the emission concentration standard for
ozone emissions from air cleaning devices and are used in occupied
spaces.
   (d) Devices verified by the state board or the United States Food
and Drug Administration as meeting the emission concentration
standard for ozone emissions from indoor air cleaning devices and the
labeling requirements adopted by the state board shall not be
subject to further regulatory requirements for ozone pursuant to this
article.
   (e) It is the intent of the Legislature that this section be
interpreted and applied in a manner that is consistent with federal
law. The regulations adopted by the state board pursuant to this
section shall be consistent with federal law. The state board may, to
the extent a waiver is required, seek a preemption waiver from the
federal government to authorize the state board to adopt regulations
that are more stringent than federal law.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.