BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1019
                                                                  Page  1

          Date of Hearing:   August 6, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                     SB 1019 (Leno) - As Amended:  June 30, 2014 

          Policy Committee:                             Environmental  
          Safety and Toxic Materials                    Vote: 6-1
                       Business, Professions, and Consumer Protection10-2

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill requires manufacturers of upholstered furniture to  
          include a label indicating whether the product has added flame  
          retardant chemicals.  Specifically, this bill: 

          1)Requires the Bureau of Electronic and Appliance Repair, Home  
            Furnishings and Thermal Insulation (Bureau) to ensure  
            compliance with labeling and documentation requirements.   
            Authorizes the Bureau to adopt regulations pursuant to the  
            Administrative Procedures Act to carry out requirements of the  
            bill.

          2)Requires the Bureau to provide the Department of Toxic  
            Substance Control (DTSC) with a selection of samples from  
            covered products labeled "No added flame retardant chemicals"  
            for testing and verification.  Provides procedures for  
            expanded and follow-up testing.

          3)Requires manufacturers of covered products to retain  
            documentation as specified.

          4)Authorizes the Bureau to assess fines for failure to maintain  
            documentation and product mislabeling as specified.  

           FISCAL EFFECT  

          Ongoing special fund costs to the Bureau in the hundreds of  
          thousands of dollars, from the Home Furnishing and Thermal  
          Insulation Fund testing associated with enforcement.   DTSC  
          actually performs the tests and is reimbursed by the Bureau.








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           COMMENTS  

           1)Purpose.   According to the author, California's Bureau of  
            Electronic and Appliance Repair, Home Furnishings, and Thermal  
            Insulation found flame retardant chemicals in furniture do not  
            provide a meaningful fire safety benefit and are associated  
            with a variety of health concerns.  This bill provides  
            consumers with information regarding the addition of flame  
            retardant chemicals in furniture to inform buying choices.

           2)Flame Retardant Chemicals.   Flame retardants are added to  
            plastic, foam, textiles, electronics, and other products to  
            reduce the likelihood that products will catch fire and to  
            slow the rate at which they burn if they do catch fire.   
            Chemical flame retardants undergo a chemical reaction that  
            quenches the fire, typically by reducing the amount of oxygen  
            available to feed the fire.  

            Many flame retardant chemicals are persistent chemicals that  
            bioaccumulate and biomagnify.  Polybromide Diphenly Ethers  
            (PBDEs), the most thoroughly studied of the flame retardant  
            chemicals, have been found in birds, fish, shellfish,  
            amphibians, marine mammals, sewage sludge, sediments, air  
            samples, meats, dairy products, and even vegetables.   
            Extensive animal research over the past decade indicates  PBDE  
            exposure can lead to abnormalities in learning, memory,  
            neurodevelopment, hyperactivity, endocrine disruption, and  
            neurotoxic effects.  

            In humans, PBDEs have been found to accumulate in blood, fat,  
            and breast milk.  According to DTSC, the levels of PBDEs  
            measured in humans in the United States and Canada are  
            typically at least 10 times higher than those in Europe, and  
            appear to be doubling every few years.  More recent research  
            has shown that PBDE exposure in humans may lead to endocrine  
            disruption, reproductive difficulty, neurodevelopment, reduced  
            IQ, and elevated thyroid levels.

           3)Technical Bulletin 117.   According to the Bureau,  in 1975,  
            regulations were promulgated and resulted in the development  
            of Technical Bulletin 117 (TB 117) entitled, "Requirements,  
            Test Procedures and Apparatus for Testing the Flame Retardance  
            of Filling Materials Used in Upholstered Furniture."  This  
            mandatory performance standard requires concealed filling  








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            materials and cover fabric of upholstered furniture to undergo  
            individual component testing to ensure that they pass open  
            flame and cigarette smolder tests.  Manufacturers meet this  
            requirement, predominately, through using polyurethane foam  
            treated with flame retardant chemicals, which must withstand  
            exposure to a 12-second small open flame. 

            Recently, the Bureau determined TB 117 did not adequately  
            address the flammability performance of upholstered furniture,  
            its cover fabric and its interactions with underlying filling  
            materials.  The Bureau also determined flame retardant foam  
            can actually increase smolder propensity.  In addition,  
            concerns have been growing about the human health and  
            environmental impacts of flame retardant chemicals.  

            In 2012, Governor Brown directed the Bureau to revise  
            flammability standards for upholstered furniture sold in the  
            state. 

            The Bureau published TB 117- 2013 in November 2013.  TB  
            117-2013 updates flammability standards from the open flame  
            method of testing to a smoldering test.  Manufacturers have  
            indicated that they can comply with TB 117-2013 without the  
            use of flame retardant chemicals.  TB 117-2013 became  
            effective on January 1, 2014.  Manufacturers will have a year  
            to complete the transition and must come into full mandatory  
            compliance on January 1, 2015.  

            According to the author, this bill coordinates with the  
            existing TB117-2013 requirement by requiring flame retardant  
            use disclosure by the same method and time frame.  

           4)Support.  A broad coalition of firefighters, environmental and  
            consumer groups, and health organizations argue this bill will  
            allow consumers to exercise a knowledgeable choice and buy  
            products that protect both their families and our firefighters  
            from harmful chemical exposure.  

          5)Opposition.  A coalition of business interests including the  
            chemical and upholstered furniture industries argue the bill  
            will unnecessarily alarm consumers over the safety of products  
            they purchase.    
                
            The American Home Furnishings Alliance assert not all flame  
            retardants present health concerns and is proposing amendments  








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            to clarify which flame retardants are chemicals of concern and  
            therefore must be disclosed.  The author may wish to provide  
            clarifying amendments.  
           
           Analysis Prepared by  :    Jennifer Galehouse / APPR. / (916)  
          319-2081