BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Tom Torlakson, Chairman
706 (Leno)
Hearing Date: 8/30/07 Amended: 8/27/07
Consultant: Miriam Barcellona IngenitoPolicy Vote: EQ 5-2;
BP&ED 6-3
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AB 706 (Leno)
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BILL SUMMARY: AB 706 would enact the California Furniture
Safety and Fire Prevention Act, which would place requirements
on the Bureau of Home Furnishings and Thermal Insulation
(bureau) and the Office of Environmental Health Hazard
Assessment (OEHHA).
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Fiscal Impact (in thousands)
Major Provisions 2007-08 2008-09 2009-10 Fund
Research & development;$10 $113 $221 SF*
equipment; positions (bureau)
OEHHA: review and reporting $51 $102 $304GF**
on chemicals or components
*Bureau of Home Furnishings and Thermal Insulation Fund, funded
from fees and penalties.
**Full year costs, starting in 2010-11 would be $304. All costs
are to be reimbursed by fees, penalties, or the manufacturer, as
specified.
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STAFF COMMENTS: Suspense file
Starting January 1, 2010, AB 706 would require (1) all seating,
bedding, and furniture products comply with specified
requirements, including that they do not contain brominated fire
retardants (BFRs) or chlorinated fire retardants (CFRs), as
defined; (2) the bureau to modify its existing standards
regarding specified bedding products sold or offered for sale in
California to prohibit the use of BFRs and CFRs, among other
things; (3) OEHHA to review, in a manner prescribed in the bill,
human, animal, or environmental health risk assessments of a
component or chemical used to meet fire retardant standards set
by the bureau if specified conditions are met; and (4) OEHHA to
report to the bureau of its conclusions and recommendations.
Under the provisions of AB 706, OEHHA would review human,
animal, or environmental health risk assessments of a component
or chemical used to meet standards for fire retardants set by
AB 706 (Leno)
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the bureau if three conditions are met: (1) the bureau or an
interested party, consistent with provisions of the bill, has
submitted a request for the assessment; (2) OEHHA has determined
that a risk assessment shall be pursued, upon its own
discretion; and (3) the person responsible for the manufacture
of the component or chemical has entered into an enforceable
agreement with the office to fully reimburse the office for all
of the costs associated with coordination and evidentiary review
of the risk assessment. AB 706 later states that the bureau may
use any fines it collects for violations of this chapter to
reimburse the office for actual costs associated with
determining if a risk assessment will be pursued. OEHHA is
authorized to charge a fee of up to $1,000 to any interested
party that requests OEHHA to do a risk assessment and would
require the balance of that assessment to be paid by the
manufacturer of the component or chemical being assessed.
OEHHA estimates its costs would be about $304,000 to administer
the provisions of this bill. These costs would be reimbursed,
as specified in the bill. Staff estimates that OEHHA's costs
would be gradual as the program is developed.
The bureau estimates its costs would be $10,000 in 2007-08,
$113,000 in 2008-09, $221,000 in 2009-10, and about $237,000
annually, starting in 2010-11 for research and development,
equipment and two and one-quarter positions.
Costs to the bureau may be higher if enforcement costs of some
of the provisions are more involved than the bureau has
originally estimated.
Author's amendments (taken on Suspense) would do the following:
1.Would name the act created by the bill the "Crystal
Golden-Jefferson Furniture Safety and Fire Prevention Act"
instead of California Furniture Safety and Fire Prevention
Act.
2.Makes extensive new legislative findings and declarations by
the Legislature pertaining to the dangers of CFRs and BFRs,
sites studies regarding carcinogenic chemical byproducts that
are linked multiple myeloma, non-Hodgkin's lymphoma, prostate
cancer, and testicular cancer. Additionally, it would briefly
discuss the life-work of Crystal Golden-Jefferson and why this
act should be named for her.
AB 706 (Leno)
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3.Declare that technologically and economically feasible
alternatives that provide equivalent or superior fire
retardancy exist and it is not prudent to continue to use BFRs
and CFRs in furniture without a comprehensive assessment of
their impact.
4.Make a number of technical and clarifying changes as well as
procedural revisions.