BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1019|
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UNFINISHED BUSINESS
Bill No: SB 1019
Author: Leno (D), et al.
Amended: 8/22/14
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 6-0, 4/2/14
AYES: Hill, Gaines, Hancock, Jackson, Leno, Pavley
NO VOTE RECORDED: Fuller, Vacancy, Vacancy
SENATE BUSINESS, PROF. & ECON. DEV. COMM. : 9-0, 4/21/14
AYES: Lieu, Wyland, Berryhill, Block, Corbett, Galgiani,
Hernandez, Hill, Padilla
SENATE APPROPRIATIONS COMMITTEE : 6-1, 5/23/14
AYES: De León, Gaines, Hill, Lara, Padilla, Steinberg
NOES: Walters
SENATE FLOOR : 29-6, 5/28/14
AYES: Beall, Berryhill, Block, Cannella, Corbett, Correa, De
León, DeSaulnier, Evans, Fuller, Gaines, Galgiani, Hancock,
Hernandez, Hill, Hueso, Jackson, Lara, Leno, Lieu, Liu,
Mitchell, Monning, Padilla, Pavley, Roth, Steinberg, Wolk,
Wyland
NOES: Huff, Knight, Morrell, Nielsen, Vidak, Walters
NO VOTE RECORDED: Anderson, Calderon, Torres, Wright, Yee
ASSEMBLY FLOOR : 56-17, 8/27/14 - See last page for vote
SUBJECT : Upholstered furniture: flame retardant chemicals
SOURCE : CAL FIRE Local 2881
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California Professional Firefighters
Center for Environmental Health
Natural Resources Defense Council
DIGEST : This bill requires upholstered furniture to include a
label indicating whether the product has added flame retardant
chemicals. This bill also directs the Bureau of Electronic and
Appliance Repair, Home Furnishings and Thermal Insulation
(Bureau) to ensure compliance with labeling and documentation
and to assess fines for violations.
Assembly Amendments add coauthors; define "flame retardant
chemical," "molecular identity," and "chemical" for purposes of
this bill; require the Bureau to reimburse the Department of
Toxic Substances Control (DTSC) for the cost of testing for the
presence of added flame retardant chemicals in covered products
marked "contain NO added flame retardant chemicals;" require, no
later than August 1 of each fiscal year, the Bureau to assess
available resources and determine the number of tests to be
conducted in the corresponding fiscal year, as specified; update
legislative findings and declarations; and make other clarifying
and technical changes.
ANALYSIS :
Existing law:
1.Establishes the Home Furnishings and Thermal Insulation Act
(Act), administered by the Bureau within the Department of
Consumer Affairs (DCA). The Bureau is under the supervision
and control of a Chief appointed by the Governor, and the
Chief is under the supervision and control of the Director of
DCA.
2.Specifies the Act provides for the licensing and inspection of
businesses that manufacture and sell upholstered furniture,
bedding and thermal insulation, and requires all mattresses
and box springs manufactured for sale in this state to be fire
retardant, as defined to meet the federal standards for
resistance to open-flame test, and authorizes the Bureau to
adopt regulations to implement those standards.
3.Specifies the Act requires other bedding products to comply
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with regulations adopted by the Bureau specifying that those
products be resistant to open-flame ignition; requires all
seating furniture to be fire retardant and labeled as
specified.
4.Requires all flexible polyurethane foam, except as specified,
that is offered for retail sale to be fire retardant, and
defines "fire retardant" to mean a product that meets the
regulations adopted by the Bureau.
5.Authorizes the Chief, subject to the approval of the Director
of DCA, to exempt items of upholstered furniture which are
deemed not to pose a serious fire hazard from the fire
retardant requirements.
6.Requires that, Bureau regulations, beginning January 1, 2015,
require all filling materials and cover fabrics contained in
upholstered furniture sold in California to meet certain
smolder resistant testing standards, and to be labeled as
specified. Specifically, the Bureau regulations require
filling materials and cover fabrics contained in any article
of upholstered furniture and added to reupholstered furniture
to be tested and meet the requirements of Technical Bulletin
(TB) 117-2013.
This bill:
1.Requires a manufacturer of covered products to indicate
whether or not a product contains added flame retardant
chemicals, by including a specified statement on the product
label.
2.Defines the term "covered products" to mean any flexible
polyurethane foam or upholstered or reupholstered furniture
sold in California that must meet the test requirements of
TB-117.
3.Requires the manufacturer of a covered product sold in
California to retain documentation to show whether flame
retardant chemicals were added.
4.Provides that a written statement by the supplier of each
component covered by TB-117 attesting either that flame
retardant chemicals were added or not added shall be
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sufficient documentation.
5.Requires, within 30 days of a request by the Bureau, a
manufacturer of a product sold in California to provide the
Bureau with the documentation establishing the accuracy of the
flame retardant chemical statement on the label.
6.Requires the Bureau to assess fines of not less than $2,500
but not more than $15,000, in accordance with specified
factors, for the failure of the manufacturer of the covered
product to maintain the documentation required by this bill.
These fines shall replace any other fines for a violation of
the documentation requirements. This does not alter or amend
any other penalty imposed.
7.Provides that a manufacturer of covered products and component
suppliers shall be jointly and severally liable for violations
of the documentation required by this bill.
8.Requires the Bureau to provide the DTSC with a selection of
samples from covered products marked "contain NO added flame
retardant chemicals" for testing for the presence of added
flame retardant chemicals. The samples shall be from the
components identified in this bill. The Bureau shall select
samples based on consultation with DTSC, taking into account a
range of manufacturers and types of covered products. The
Bureau and the DTSC shall consult on the tests to be conducted
by DTSC. The DTSC shall provide the results of any completed
test to the Bureau.
9.Require the Bureau to reimburse the Department of Toxic
Substances Control (DTSC) for the cost of testing for the
presence of added flame retardant chemicals in covered
products marked "contain NO added flame retardant chemicals"
10.Require, no later than August 1 of each fiscal year, the
Bureau to assess available resources and determine the number
of tests to be conducted in the corresponding fiscal year, as
specified
11.Specifies that the Bureau shall make information about any
citation issues pursuant to this bill, available to the public
on its Internet Web site.
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12.Specifies that it shall be the duty of the Bureau to receive
complaints from consumers regarding covered products sold in
California.
13.Authorizes the Bureau to adopt regulations to carry out the
provisions of the bill.
14.States that it is the intent of the Legislature that enacting
this bill will provide California consumers clear information
about the furniture products they are purchasing, specifically
concerning compliance with fire safety standards and the
absence or presence of added flame retardant chemicals.
Background
TB 117 . In 1975, California adopted TB 117, requiring that each
component material (such as polyurethane foam used to fill
furniture) be able to withstand a small open flame, equivalent
to a candle, for at least 12 seconds. The Bureau is responsible
for publishing and enforcing TB 117. This performance-based
standard did not prescribe the use of flame-retardant chemicals,
manufacturing methods, or specific materials to meet the
standards. However, furniture manufacturers typically meet TB
117 with additive halogenated organic flame retardants.
California is the only state to have established such a
standard, and since California provides such a large portion of
the national market many manufacturers have chosen to meet TB
117 in products that they distribute across the United States.
The Bureau requires manufacturers to make upholstered furniture
and bedding products sold in California flame-retardant. The
Bureau encourages the industry to use innovative solutions and
products to achieve flame resistance without compromising the
environment. Manufacturers must strictly adhere to state and
federal laws governing the manufacture and sale of upholstered
furniture and bedding products.
Significant concern has been raised in recent years with the TB
117 standard and the environmental and health impacts of the
chemicals that are used by manufacturers to meet the standard.
New TB 117-2013 Flammability Standard . In 2012, Governor Brown
directed the Bureau to revise flammability standards for
upholstered furniture sold in the state. The Governor asked the
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Bureau to review the state's four-decade-old flammability
standards and recommend changes to reduce toxic flame retardants
while continuing to ensure fire safety.
"Toxic flame retardants are found in everything from high chairs
to couches and a growing body of evidence suggests that these
chemicals harm human health and the environment," stated
Governor Brown. "We must find better ways to meet fire safety
standards by reducing and eliminating wherever possible
dangerous chemicals."
In recognition of TB 117's inadequacy in addressing the
flammability performance of upholstery cover fabric and its
interactions with underlying filling materials and the health
concerns over the use of these chemicals, the Bureau published
TB 117-2013 to allow for a smolder standard that does not
require the use of flame retardant chemicals to be in
compliance. TB117-2013 supersedes TB 117.
The updated method of TB117-2013 changes from the open flame
method of testing to a smoldering test. These test methods
consist of four tests used to evaluate the cigarette ignition
resistance of upholstery cover fabrics, barrier (interliner)
materials, resilient filling materials, and decking materials
(used for support under loose seat cushions) used in the
manufacture of upholstered furniture.
The new TB117-2013 flammability standard applies to upholstered
furniture sold in California. Bedding products such as
mattresses, comforters, mattress pads, bed pillows as well as
decorative pillows are not subject to TB117-2013. They must,
however, otherwise carry a label as required by law. According
to the Bureau, the TB117-2013 standard incorporates smoldering
tests for several components of up-holstered furniture.
However, none of the components are tested by themselves as was
done under TB117. TB117-2013 is a "semi-composite" test in
which components are combined with standard test materials to
construct a test specimen.
The new TB117-2013 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.
Under California law, it is ultimately the responsibility of the
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furniture manufacturers to ensure products meet TB117-2013 and
the labeling requirements. However, wholesalers, importers and
retailers are also required to ensure products that they sell
meet all the applicable requirements. Retailers in California
may continue to sell furniture that meets the old standard until
their stock is depleted. Starting January 1, 2015, California
retailers must purchase products that meet the new TB117-2013
standard. Business and Professions Code Section 19072 states:
"Responsibility for compliance with this chapter rests not only
with the manufacturer but also with the importer, wholesaler,
retailer, or any person having in his/her possession with the
intent to sell."
Flame-Retardant Chemicals and Public Health Hazards .
Manufacturers of consumer products commonly add flame retardant
chemicals to plastics and other flammable materials to reduce
the risk of fire. These chemicals are released into the
environment during manufacture, use, and disposal of products.
The following are the types of flame retardants that were used
(banned) or are currently used:
PCBs . The earliest flame retardants, PCBs (polychlorinated
biphenyls) were banned in the United States in 1977 when it was
determined that they are toxic. With the ban, industries
shifted to using brominated flame retardants.
PBDEs . The most studied of the brominated flame retardants are
the PBDEs (polybrominated diphenyl ethers), which were first
introduced into the market over 30 years ago. PBDEs are closely
related in structure and behavior to PCBs.
PCBs are known to have neurotoxic and carcinogenic effects and
were banned by Congress in 1977. Because of similarity of the
chemical's molecular structures, concerns were raised about
potential biological hazards of PBDEs.
Studies in laboratory animals and humans have linked PBDEs to
thyroid disruption, memory and learning problems, delayed mental
and physical development, lower IQ, advanced puberty, and
reduced fertility.
A 2009 in vivo animal study conducted by the United States
Environmental Protection Agency noted that PBDEs are
particularly toxic to the developing brains of animals.
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Peer-reviewed studies have shown that even a single dose
administered to mice during development of the brain can cause
permanent changes in behavior, including hyperactivity.
A 1998 study in Sweden found the first evidence of potential for
breast milk contamination from PBDEs. In the Swedish study,
archived samples collected between 1972 and 1997 were analyzed
for the presence of PBDEs to get an overall summed total of
PBDEs in milk. The data from Sweden show a drastic increase in
the quantity of PBDEs detected in women's breast milk from 1972
to 1997, with concentrations doubling every five years.
Sweden's voluntary phase-out of PBDEs by companies and branches
of the government began as early as 1990, and the Swedish
government strongly encouraged the European Union to ban PBDEs
outright.
Since Sweden's voluntary PBDE controls were established, a
number of changes have been noted. Total PBDE levels in Swedish
women's breast milk fell about 30% between 1997 and 2000. The
European Union has banned several types of PBDEs as of 2008; 10
years after the Swedish discovered that they were accumulating
in breast milk.
Sweden is the only nation with a comprehensive breast milk
monitoring program, so it has been difficult to track PBDE
concentration trends elsewhere. However, in regions where bans
and restrictions have not been established, available studies
are showing that PBDE concentrations in breast milk have risen
far past Sweden's 1997 peak.
The highest recorded PBDE levels in humans have been in the
United States. A 2002 study of PBDEs in San Francisco Bay Area
women's breast fat reported an average of 21.5 times higher than
Sweden's 1997 peak. Studies of PBDEs in maternal blood and milk
in Texas and Indiana from 2001 and 2002 reported levels similar
to those found in the San Francisco Bay Area.
In 2003, concerned about the hazards posed by two types of
PBDEs, especially to breast-fed infants, California enacted a
ban on these chemicals (AB 302, Chan, Chapter 205, Statutes of
2003).
Chlorinated Tris . Chlorinated Tris (TDCPP) has been in use
since the 1960s. TDCPP was banned from use in children's
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pajamas in 1977, when it was found to be mutagenic, but remains
in use as a foam additive in furniture, car seats, and other
products. Its use has increased in the United States following
the 2006 ban on the common flame retardant PentaPBDE.
According to studies conducted in rats, TDCPP is associated with
increased tumor rates in kidneys and testes, some of which were
cancerous. Evidence further suggests that there may be an
impact on fertility by influencing hormone levels and semen
quality in men. A recently published study found that TDCPP was
a neurotoxin to brain cells. In an assessment conducted by the
Consumer Product and Safety Commission, TDCPP was found to pose
a threat to human health. Under Proposition 65, the State of
California has listed TDCPP as a chemical known to cause cancer.
On March 13, 2014, DTSC named TDCPP in children's foam padded
sleep products as a priority product to be evaluated in the
Safer Consumer Products Program for potential regulatory action.
Because of molecular similarity, other flame retardants are
similarly linked to cancer and other above-listed adverse health
effects. It has also been noted that many flame retardants may
degrade into compounds that are also toxic. This could arguably
make the chemical a danger even after its useful life as a flame
retardant is over.
Exposure to Flame Retardant Chemicals . People can be exposed to
flame retardants through several routes, including diet,
inhalation of dust from consumer products in the home, vehicle,
or workplace, or environmental contamination near their home or
workplace.
Infants and toddlers are particularly exposed to flame
retardants found in breast milk and dust. Because many
halogenated flame retardants are fat-soluble, they accumulate in
fatty areas such as breast tissue and are mobilized into breast
milk, delivering high levels of flame retardants to
breast-feeding infants.
As consumer products age, small particles of material become
dust particles in the air and land on surfaces around the home,
including the floor. Young children crawling and playing on the
floor frequently bring their hands to their mouths, ingesting
about twice as much house dust as adults per day in the United
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States. Young children in the United States tend to carry
higher levels of flame retardants per unit body weight than do
adults.
Some occupations expose workers to higher levels of halogenated
flame retardants and their degradation products. Studies of
foam recyclers and carpet installers, who handle padding made
from recycled polyurethane foam often, have shown elevated
levels of flame retardants in their tissues. Workers in
electronics recycling plants were also found to have elevated
body levels of flame retardants relative to the general
population.
U.S. firefighters also show elevated levels of PBDEs and high
levels of brominated furans, toxic degradation products of
brominated flame retardants.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee, ongoing costs,
in the high hundreds of thousands to low millions of dollars,
from the Home Furnishing and Thermal Insulation Fund (special)
to the Bureau for testing associated with enforcing the labeling
requirements of upholstered furniture.
SUPPORT : (Verified 8/27/14)
CAL FIRE Local 2881 (co-source)
California Professional Firefighters (co-source)
Center for Environmental Health (co-source)
Natural Resources Defense Council (co-source)
Alliance for Toxic-Free fire Safety
American Cancer Society - Cancer Action Network
American College of Obstetricians and Gynecologists, District IX
California
American Home Furnishings Alliance
Architects, Designers and Planners for Social Responsibility
Asian Pacific Environmental Network
Association of Regional Center Agencies
Blue Green Alliance
Breast Cancer Fund
California Furniture Manufacturers Association
California Labor Federation
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California League of Conservation Voters
California Medical Association
California Nurses Association
California School Employees Association
CALPIRG
CHANGE - Californians for a Healthy and Green Economy
City and County of San Francisco
Clean Water Action
Coalition for Clean Air
Comite Civico
Commonweal Biomonitoring Resource Center
Communication Workers of America, AFL-CIO District 9
Consumer Federation of California
Consumers Union
EarthJustice
Environment California
Environmental Working Group
Esperanza Community Housing Corporation
Friends of the Earth
Health Care Without Harm
Health Officers Association of California
Healthy African American Families, Phase II
Humane Society of the United States
Instituto de Educacion Popular del Sur de California
International Alliance of Firefighters
Just Transition Alliance
Kaiser Permanente
Long Beach Firefighters, Local 372
Los Angeles County Firefighters, Local 1014
North American Home Furnishings Association
NRDC LA Leadership Council
Perkins + Will
Pesticide Action Network
Physicians for Social Responsibility - Sacramento
Physicians for Social Responsibility - Los Angeles
Physicians for Social Responsibility - San Francisco Bay Area
Polyurethane Foam Association
Sierra Club
Stockton Professional Firefighters, Local 456
Trauma Foundation
United Firefighters of Los Angeles City, Local 112
United States Green Building Council
Upholstered Furniture Action Council
Kirby Walker and James Redford, Producers/Directors of Toxic Hot
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Seat
OPPOSITION : (Verified 8/27/14)
American Chemistry Council
American Cleaning Institute
California Chamber of Commerce
California Farm Bureau Federation
California Manufacturers & Technology Association
California Metals Coalition
Chemical Industry Council of California
Consumer Specialty Products Association
Grocery Manufacturers Association
International Fragrance Association
National Federation of Independent Businesses
San Diego Industrial and Environmental Association
Styrene Information and Research Council
TechNet
Toy Industry Association
Western Plant Health Association
ARGUMENTS IN SUPPORT : The California Professional
Firefighters (CPF) Association states that this bill promotes a
consumer's right to know by making information readily
accessible and disclosing whether upholstered furniture contains
added flame retardant chemicals, strengthening the truth in
labeling provisions. CPF is concerned not only with the health
and safety of consumers, but also with the health and safety of
firefighters, who are routinely exposed to toxic substances.
CPF indicates that in a residential fire, large amounts of
cancer-causing dioxins and furans are produced by the combustion
of materials containing these chemicals and the exposure to
these compounds contributes to the high rates of cancer among
firefighters.
ARGUMENTS IN OPPOSITION : A joint letter of opposition by the
American Chemistry Council, California Chamber of Commerce,
California Manufacturers & Technology Association, California
Industry Council of California, and the National Federation of
Independent Businesses argues, "These new requirements lack
scientific justification, conflict with existing California
consumer product and chemical safety laws and regulations, and
as proposed, would mislead consumers about the safety of
products that contain flame retardant chemicals."
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The letter contends that this bill will unnecessarily alarm
consumers over the safety of products they may purchase, and
further conflicts with current Proposition 65 warning labels for
hazardous chemicals. The letter also objects to the array of
reporting requirements on manufacturers which could expose them
to a number of punitive monetary penalties, and states,
"California should be enacting policies that encourage
manufacturing, not imposing yet another state-specific
requirement that will only slow economic growth and recovery."
ASSEMBLY FLOOR : 56-17, 8/27/14
AYES: Achadjian, Alejo, Ammiano, Bloom, Bocanegra, Bonilla,
Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau,
Chesbro, Cooley, Dababneh, Dahle, Dickinson, Eggman, Fong,
Fox, Frazier, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,
Hagman, Hall, Roger Hernández, Holden, Jones-Sawyer, Levine,
Linder, Lowenthal, Maienschein, Medina, Melendez, Mullin,
Muratsuchi, Nazarian, Pan, John A. Pérez, V. Manuel Pérez,
Quirk, Rendon, Rodriguez, Salas, Skinner, Stone, Ting,
Wieckowski, Williams, Yamada, Atkins
NOES: Allen, Conway, Donnelly, Beth Gaines, Gray, Grove, Jones,
Logue, Mansoor, Nestande, Patterson, Perea, Quirk-Silva,
Ridley-Thomas, Wagner, Waldron, Wilk
NO VOTE RECORDED: Bigelow, Chávez, Daly, Harkey, Olsen, Weber,
Vacancy
RM:e 8/27/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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