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. SB 1019 Page 2 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 SB 1019 Page 3 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 SB 1019 Page 4 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