Amended in Senate March 24, 2014

Senate BillNo. 1019


Introduced by Senator Leno

February 14, 2014


begin deleteAn act to amend Section 71113 of the Public Resources Code, relating to the environment.end deletebegin insertAn act to add Section 19094 to the Business and Professions Code, relating to business. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1019, as amended, Leno. begin deleteEnvironmental Justice: Working Group. end deletebegin insertUpholstered furniture: flame retardant chemicals.end insert

begin insert

Existing federal law requires the Consumer Product Safety Commission to institute proceedings for the determination of an appropriate flammability standard if the commission finds that such a standard, including labeling, for a fabric, related material, or product, may be needed to protect the public. Existing federal law authorizes a state to establish a flammability standard if, among other things, it provides a higher degree of protection from the risk of fire.

end insert
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Existing state law, the Home Furnishings and Thermal Insulation Act, provides for the licensure and regulation of upholstered furniture manufacturers by the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation. Existing state law requires every upholstered-furniture manufacturer to hold a furniture and bedding manufacturer’s license. Existing state law also requires every upholstered-furniture retailer to hold a retail furniture dealer’s license. A violation of the act is a crime.

end insert
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Existing state law requires upholstered furniture and bedding to contain a specified label that is securely fastened in a manner approved by the bureau in an area open to visible view. Existing state law establishes a standard to produce upholstered furniture which is safer from the hazards associated with smoldering ignition. This standard provides methods for smolder resistance of cover fabrics, barrier materials, resilient filling materials, and decking materials for use in upholstered furniture.

end insert
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This bill would require an upholstered-furniture manufacturer of covered products, as defined, to indicate whether or not the product contains added flame retardant chemicals, as defined, by including a specified statement on that label. The bill would also require the upholstered-furniture manufacturer of any covered product sold in California to provide point-of-sale signs containing the aforementioned statement to the upholstered-furniture retailer for each product shipped to California. For in-store sales in California and for Internet and paper catalog sales to California, the bill would require the upholstered-furniture retailer in California to display the point-of-sale sign in a specified manner.

end insert
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If flame retardant chemicals are added to covered products sold in California, the bill would require the upholstered-furniture manufacturer to make good faith efforts to determine the various flame retardant chemicals used in its products and report this information to the bureau. The bill would require the bureau to make this information publicly available on its Internet Web site.

end insert
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The bill would require the upholstered-furniture manufacturer of the covered product to retain sufficient documentation to show the chemicals added to a covered product or component. If no flame retardant chemicals were added to the covered product sold in California, the bill would require the upholstered-furniture manufacturer of the covered product sold in California to retain documentation that no flame retardant chemicals were added. The bill would provide that a written statement by the supplier of each component of the furniture, attesting under penalty of perjury that no flame retardant chemicals were added, is sufficient to make this showing. By expanding the crime of perjury, the bill would impose a state-mandated local program.

end insert
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Upon request, the bill would require an upholstered-furniture manufacturer of a covered product sold in California to provide to the bureau, within 30 days of the request, documentation establishing the accuracy of the flame retardant chemical statement on the label and sign. The bill would require the bureau to provide the Department of Toxic Substances Control with samples of the covered product or components thereof sold in California from products marked “contains NO added flame retardant chemicals” for testing for the presence of added flame retardant chemicals. If the department’s testing shows that a covered product labeled as “contains NO added flame retardant chemicals” is mislabeled because it contains added flame retardant chemicals, the bill would authorize the bureau to assess fines for violations against upholstered-furniture manufacturers of the covered product and component manufacturers. The bill would also authorize the bureau to assess fines for failure to maintain the required chain of custody documentation.

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The bill would require the bureau to assess fines for certain violations and would additionally authorize the bureau to issue a citation including a citation with a fine for certain violations, as specified. The bill would authorize the bureau to make this citation information available to the public. The bill would also make it the duty of the bureau to receive consumer complaints.

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The bill would authorize the bureau to adopt regulations in order to carry out these provisions.

end insert
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Because a violation of the bill’s requirements would be a crime, the bill would impose a state-mandated local program.

end insert
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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.

end insert
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This bill would provide that no reimbursement is required by this act for a specified reason.

end insert
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Existing law requires the Secretary for Environmental Protection, on or before January 1, 2002, to convene a Working Group on Environmental Justice, composed of various representatives, as specified, to assist the California Environmental Protection Agency, to develop, by July 1, 2002, an agencywide environmental justice strategy, and requires the working group to examine existing data and studies on environmental justice, make recommendations to various entities, and hold public meetings, among other things.

end delete
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This bill would require the secretary to reconvene the working group by January 1, 2016, to redevelop, by July 1, 2016, that agencywide strategy and to review and update or revisit actions by April 1, 2016, that were required to be undertaken by the original working group.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P4    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertThe Legislature finds and declares all of the
2following:end insert

begin insert

3(a) In 1975, California implemented Technical Bulletin 117,
4which requires that materials, such as polyurethane foam, used
5to fill furniture be able to withstand a small open flame for at least
612 seconds.

end insert
begin insert

7(b) Flame retardant chemicals are used widely in upholstered
8furniture to meet the flame retardant standards of California
9Bureau of Electronic and Appliance Repair, Home Furnishings,
10and Thermal Insulation Technical Bulletin 117.

end insert
begin insert

11(c) People are exposed to flame retardant chemicals in multiple
12ways, including when the chemicals migrate from furniture and
13other consumer products into air and dust in the home or
14workplace.

end insert
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15(d) Some of these chemicals can persist in the environment,
16bioaccumulate in people and animals, and have been shown to
17cause adverse developmental effects in animals and humans.

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18(e) A study by the California Environmental Protection Agency
19found that women in California have much higher levels of toxic
20flame retardants in their breast tissue than women in other states
21and countries. Studies published in the journal of Environmental
22Research show that children in California have much higher levels
23of flame retardant chemicals than children elsewhere in the
24country.

end insert
begin insert

25(f) A study published in the Journal of Occupational and
26Environmental Medicine concluded that firefighters have a
27significantly elevated risk of cancer that may be attributed to toxic
28chemicals they inhale, including flame retardants.

end insert
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29(g) California consumers have become increasingly concerned
30about the potential adverse human health impacts due to exposure
31to certain chemical flame retardants. Various studies have linked
32exposure to flame retardants to cancer, lower IQs and attention
33problems, male infertility, male birth defects, and early puberty
34in girls.

end insert
begin insert

35(h) In 2012, the Chair of the Federal Consumer Product Safety
36Commission, testified to Congress that “the fire-retardant foams
37did not offer a practically significant greater level of open flame
38safety than the untreated foams.”

end insert
begin insert

P5    1(i) In 2012, the Chicago Tribune published a series of
2investigative reports that showed that the claims of the efficacy of
3flame retardants in furniture misrepresent the science.

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4(j) In 2012, Governor Brown asked of the Bureau of Electronic
5and Appliance Repair, Home Furnishings, and Thermal Insulation
6to review the state’s four-decade-old flammability standards and
7recommend changes to reduce toxic flame retardants while
8continuing to ensure fire safety.

end insert
begin insert

9(k) The Bureau concluded that the presence of flame retardant
10chemicals in furniture does not provide a meaningful fire safety
11benefit. In 2013, the Bureau of Electronic and Appliance Repair,
12Home Furnishings, and Thermal Insulation promulgated
13regulations, revising Technical Bulletin 117 to allow furniture
14manufacturers to meet a smoldering standard. The revised
15Technical Bulletin 117-2013 provides improved fire safety
16standards without the use of flame retardant chemicals.

end insert
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17(l) California consumers have voiced a desire to purchase
18 furniture that complies with Technical Bulletin 117-2013 but does
19not contain flame retardant chemicals.

end insert
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20(m) Technical Bulletin 117-2013 can be met with or without the
21use of flame retardant chemicals, but consumers currently have
22no way to know whether flame retardant chemicals have been
23added to the product.

end insert
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24(n) It is, therefore, the intent of the Legislature in enacting this
25measure to provide California consumers clear information about
26the furniture products they are purchasing, specifically concerning
27compliance with fire safety standards and the absence or presence
28of added flame retardant chemicals.

end insert
29begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 19094 is added to the end insertbegin insertBusiness and Professions
30Code
end insert
begin insert, to read:end insert

begin insert
31

begin insert19094.end insert  

(a) For the purposes of this section, the following
32definitions shall apply:

33(1) “Component” means the separate constituent parts of
34upholstered furniture sold in California, including, but not limited
35to, cover fabrics, barrier materials, resilient filling materials, and
36decking materials.

37(2) “Covered products” means any flexible polyurethane foam
38or upholstered or reupholstered furniture sold in California that
39is required to meet the test requirements set forth in Technical
40Bulletin 117-2013, entitled “Requirements, Test Procedure and
P6    1Apparatus for Testing the Smolder Resistance of Materials Used
2in Upholstered Furniture.”

3(3) “Added flame retardant chemicals” means flame retardant
4chemicals that are present in any covered product or component
5thereof at levels above 500 parts per million.

6(4) “Department” means the Department of Toxic Substances
7Control.

8(5) “Consumer Price Index” means the Consumer Price Index
9for All Urban Consumers published by the Bureau of Labor
10Statistics.

11(b) (1) (A) An upholstered-furniture manufacturer of covered
12products shall indicate whether or not the product contains added
13flame retardant chemicals by including the following statement
14on the label described in Section 1126 of Title 4 of the California
15Code of Regulations for covered products:


17“This product meets California’s furniture fire safety standard
18and:

19_____contains added flame retardant chemicals

20_____contains NO added flame retardant chemicals

21The Bureau of Electronic and Appliance Repair, Home
22Furnishings, and Thermal Insulation found that flame retardant
23chemicals in furniture do not provide a meaningful fire safety
24benefit. According to the Centers for Disease Control and
25Prevention (CDC), such flame retardant chemicals can migrate
26into air and house dust where people can be exposed to them.”


28An upholstered-furniture manufacturer shall indicate the absence
29or presence of added flame retardant chemicals by placing an “X”
30in one of the appropriate blanks.

31(B) This statement shall be in included in the label described
32in Section 1126 of Title 4 of the California Code of Regulations
33in accordance with the bureau’s regulations for that label.

34(C) Notwithstanding any other law, the bureau shall assess fines
35for violations of this paragraph pursuant to Section 1383.2 of Title
364 of the California Code of Regulations.

37(2) (A) The upholstered-furniture manufacturer of any covered
38product sold in California shall provide point-of-sale signs
39containing the flame retardant chemical statement to the
40upholstered-furniture retailer for each product shipped to
P7    1California. For in-store sales in California, the
2upholstered-furniture retailer in California shall display the
3point-of-sale sign next to the price or description of the covered
4product. The point-of-sale sign shall be sized and placed so as to
5remain clear and conspicuous to consumers, and the minimum
6size of type shall be at least 0.2 inches in height.

7(i) For sales of covered products sold in California via an
8Internet Web site, the upholstered-furniture retailer in California
9shall place the point-of-sale sign containing the flame retardant
10chemical statement clearly and conspicuously, and in close
11proximity to the covered product’s price, on each Internet Web
12site page that contains a detailed description of the covered product
13and its price. The point-of-sale sign shall be sized and placed so
14as to remain clear and conspicuous to a consumer viewing the
15page.

16(ii) For sales of covered products sold in California through
17paper catalogs, the upholstered-furniture retailer in California
18shall place the point-of-sale sign containing the flame retardant
19chemical statement clearly and conspicuously, and in close
20proximity to the covered product’s price, on each page that
21contains a detailed description of the covered product and its price.
22The point-of-sale sign shall be sized and placed so as to remain
23clear and conspicuous to consumers.

24(B) The bureau shall assess fines for violations of this paragraph
25in accordance with the factors described in subdivision (e) and
26the following schedule:

27(i) The fine for the first violation shall be not less than one
28thousand dollars ($1,000) but not more than two thousand five
29hundred dollars ($2,500).

30(ii) The fine for the second violation shall be not less than two
31thousand five hundred dollars ($2,500) but not more than five
32thousand dollars ($5,000).

33(iii) The fine for the third violation shall be not less than five
34thousand dollars ($5,000) but not more than seven thousand five
35hundred dollars ($7,500).

36(iv) The fine for any subsequent violation shall be not less than
37seven thousand five hundred dollars ($7,500) but not more than
38ten thousand dollars ($10,000).

39(c) If flame retardant chemicals are added to a covered product
40sold in California, the upholstered-furniture manufacturer shall
P8    1make good faith efforts to determine the various flame retardant
2chemicals used in its products and report this information
3semi-annually to the bureau. The bureau shall make this
4information publicly available on its Internet Web site. If
5information on the specific flame retardant chemicals used in the
6covered product is not known to the upholstered-furniture
7manufacturer, the upholstered-furniture manufacturer may report
8the trade name of the chemical mixture used.

9(d) (1) (A) If any flame retardant chemical was added to the
10covered product or any component thereof sold in California, the
11upholstered-furniture manufacturer of the covered product shall
12retain sufficient documentation to show the chemicals and the
13amounts of the chemicals that were added.

14(B) If no flame retardant chemicals were added to the covered
15product sold in California, the upholstered-furniture manufacturer
16of the covered product sold in California shall retain
17documentation that no flame retardant chemicals were added. A
18written statement by the supplier of each component of the furniture
19attesting under penalty of perjury that no flame retardant chemicals
20were added shall be sufficient documentation.

21(2) The bureau shall ensure compliance with labeling and
22documentation of chain of custody requirements in this section.

23(3) (A) Upon request, an upholstered-furniture manufacturer
24of a covered product sold in California shall provide to the bureau,
25within 30 days of the request, documentation establishing the
26accuracy of the flame retardant chemical statement on the label
27and sign required by subdivision (b).

28(B) The bureau shall assess fines of not less than two thousand
29five hundred dollars ($2,500) but not more than fifteen thousand
30dollars ($15,000) in accordance with the factors described in
31subdivision (e) for the failure of the upholstered-furniture
32manufacturer to maintain the required chain of custody
33documentation.

34(C) The bureau shall provide the Department of Toxic
35Substances Control with samples of the covered product or
36components thereof sold in California from products marked
37“contains NO added flame retardant chemicals” for testing for
38the presence of added flame retardant chemicals. The department
39shall provide the results of all testing to the bureau.

P9    1(D) (i) If the department’s testing shows that a covered product
2labeled as “contains NO added flame retardant chemicals” is
3mislabeled because it contains added flame retardant chemicals,
4the bureau may assess fines for violations against
5upholstered-furniture manufacturers of the covered product and
6component manufacturers to be held jointly and severally liable
7for the violation.

8(ii) A fine for a violation of this subparagraph relating to
9mislabeling shall be assessed in accordance with factors described
10in subdivision (e) and the following schedule:

11(I) The fine for the first violation shall be not less than one
12thousand dollars ($1,000) but not more than two thousand five
13hundred dollars ($2,500).

14(II) The fine for the second violation shall be not less than two
15thousand five hundred dollars ($2,500) but not more than five
16thousand dollars ($5,000).

17(III) The fine for the third violation shall be not less than five
18thousand dollars ($5,000) but not more than seven thousand five
19hundred dollars ($7,500).

20(IV) The fine for any subsequent violation shall be not less than
21seven thousand five hundred dollars ($7,500) but not more than
22ten thousand dollars ($10,000).

23(iii) If the department’s testing shows that a covered product
24labeled as “contains NO added flame retardant chemicals” is
25mislabeled because it contains added flame retardant chemicals,
26in addition to a fine or any other request, the bureau may request
27that the labels and signs required by subdivision (b) for covered
28products that belong to the same stock keeping unit (SKU) currently
29produced by the manufacturer be corrected to reflect that flame
30retardant chemicals are added to the covered product.

31(iv) If the department’s testing shows that a covered product
32labeled as “contains NO added flame retardant chemicals” is
33mislabeled because it contains added flame retardant chemicals,
34in addition to a fine or any other request, the bureau may request
35additional testing of more products belonging to the same stock
36keeping unit (SKU) at the manufacturer’s expense to verify the
37accuracy of the label or sign required by subdivision (b) for
38covered products if the manufacturer wishes to retain the “contains
39NO added flame retardant chemicals” designation on the label or
40sign required by subdivision (b).

P10   1(E) An upholstered-furniture manufacturer of covered products
2and component suppliers shall be jointly and severally liable for
3violations of chain of custody requirements in this subdivision.

4(e) (1) Notwithstanding any other law, the bureau may issue a
5citation, including a citation with a fine, for a violation of this
6section, and shall make citation information available to the public.

7(2) In determining the amount of the fine associated with a
8citation, the bureau shall consider the following factors:

9(A) The nature and severity of the violation.

10(B) The good or bad faith of the cited person.

11(C) The history of previous violations.

12(D) Evidence that the violation was willful.

13(E) The extent to which the cited person or entity has cooperated
14with the bureau.

15(3) (A) The bureau shall adjust all minimum and maximum
16fines imposed by this section for inflation every five years.

17(B) The adjustment shall be equivalent to the percentage, if any,
18that the Consumer Price Index at the time of adjustment exceeds
19the Consumer Price Index at the time this section goes into effect.
20Any increase determined under this paragraph shall be rounded
21as follows:

22(i) In multiples of ten dollars ($10) in the case of penalties less
23than or equal to one hundred dollars ($100).

24(ii) In multiples of one hundred dollars ($100) in the case of
25penalties greater than one hundred dollars ($100) but less than
26or equal to one thousand dollars ($1,000).

27(iii) In multiples of one thousand dollars ($1,000) in the case
28of penalties greater than one thousand dollars ($1,000).

29(4) It shall be the duty of the bureau to receive complaints from
30consumers concerning covered products sold in California.

31(f) The bureau shall establish requirements for providing
32translations of the flame retardant chemical statement in other
33languages on the sign required by subdivision (b) as may be
34needed.

35(g) The bureau may adopt regulations pursuant to the
36Administrative Procedure Act (Chapter 3.5 (Commencing with
37Section 11340) of Part 1 of Division 3 of Title 2 of the Government
38Code) in order to carry out the provisions of this section.

end insert
39begin insert

begin insertSEC. end insertbegin insert3.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
40Section 6 of Article XIII B of the California Constitution because
P11   1the only costs that may be incurred by a local agency or school
2district will be incurred because this act creates a new crime or
3infraction, eliminates a crime or infraction, or changes the penalty
4for a crime or infraction, within the meaning of Section 17556 of
5the Government Code, or changes the definition of a crime within
6the meaning of Section 6 of Article XIII B of the California
7Constitution.

end insert
begin delete
8

SECTION 1.  

Section 71113 of the Public Resources Code is
9amended to read:

10

71113.  

(a) On or before January 1, 2016, the Secretary for
11Environmental Protection shall reconvene the Working Group on
12Environmental Justice that is established pursuant to this section
13to assist the California Environmental Protection Agency to
14redevelop, on or before July 1, 2016, an agencywide strategy for
15identifying and addressing any gaps in existing programs, policies,
16or activities that may impede the achievement of environmental
17justice.

18(b) The working group shall be composed of the Secretary for
19Environmental Protection, the Chairs of the State Air Resources
20Board and the State Water Resources Control Board, the Director
21of Toxic Substances Control, the Director of Pesticide Regulation,
22the Director of Environmental Health Hazard Assessment, the
23Director of Planning and Research, and the Director of Resources
24Recycling and Recovery.

25(c) The working group shall review the actions taken pursuant
26to this subdivision before January 1, 2015, and do all of the
27following with regard to updating or revisiting those actions on or
28before April 1, 2016:

29(1) Examine existing data and studies on environmental justice,
30and consult with state, federal, and local agencies and affected
31communities.

32(2) Recommend criteria to the Secretary for Environmental
33Protection for identifying and addressing any gaps in existing
34programs, policies, or activities that may impede the achievement
35of environmental justice.

36(3) Recommend procedures and provide guidance to the
37California Environmental Protection Agency for the coordination
38and implementation of intraagency environmental justice strategies.

P12   1(4) Recommend procedures for collecting, maintaining,
2analyzing, and coordinating information relating to an
3environmental justice strategy.

4(5) Recommend procedures to ensure that public documents,
5notices, and public hearings relating to human health or the
6 environment are concise, understandable, and readily accessible
7to the public. The recommendation shall include guidance for
8determining when it is appropriate for the California Environmental
9Protection Agency to translate crucial public documents, notices,
10and hearings relating to human health or the environment for
11limited-English-speaking populations.

12(6) Hold public meetings to receive and respond to public
13comments regarding recommendations required pursuant to this
14section, prior to the finalization of the recommendations. The
15California Environmental Protection Agency shall provide public
16notice of the availability of draft recommendations at least one
17month prior to the public meetings.

18(7) Make recommendations on other matters needed to assist
19the agency in developing an intraagency environmental justice
20strategy.

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