BILL ANALYSIS Ó
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No: SB 47
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|Author: |Hill |
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|Version: |January 4, 2016 Hearing |
| |Date: January 13, 2016 |
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|Urgency: |No |Fiscal: | No |
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|Consultant:|Lynn Lorber |
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Subject: Environmental health: artificial turf
NOTE: This bill was previously heard by the Senate
Environmental Quality Committee and has since been
amended. This is the first time the bill is being heard
by this Committee. (See comment #2)
SUMMARY
This bill requires a public or private school, or local
government, to take specified steps prior to installing
artificial turf that contains crumb rubber.
BACKGROUND
Existing law, the California Tire Recycling Act of 1989,
requires the Department of Resources, Recycling and Recovery
(CalRecycle) to administer a tire recycling program that
promotes and develops alternatives to the disposal of used tires
in landfills. A fee is assessed on the sale of new tires, and
the revenue is deposited quarterly into the California Tire
Recycling Management Fund. The tire recycling program includes,
among other things:
1) The awarding of grants, subsidies, rebates, and loans to
businesses or other enterprises, and public entities,
involved in activities and applications that result in
reduced landfill disposal of used whole tires and reduced
illegal disposal or stockpiling of used whole tires.
SB 47 (Hill) Page 2
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2) The awarding of grants to cities, counties, and other local
governmental agencies for the funding of public works
projects that utilize rubberized pavement.
(Public Resources Code § 42870, et seq.)
ANALYSIS
This bill requires a public or private school, or local
government, to take specified steps prior to installing
artificial turf that contains crumb rubber. Specifically, this
bill:
1) Requires a public or private school, or local government,
to do all of the following prior to installing, contracting
for the installation of, or soliciting bids for a new
artificial turf field containing crumb rubber infill within
the boundaries of the school or public recreational park:
a) Gather information from companies that offer
artificial turf products that do not use crumb rubber
infill. This bill specifies that information must
include, but not be limited to, information obtained
from discussions with at least one company that offers
artificial turf products that do not contain crumb
rubber infill.
b) Consider the use of material that does not
contain crumb rubber infill in its artificial turf
field project based on the information gathered.
c) Hold a public meeting that includes as a properly
noticed agenda item a discussion of the installation
of crumb rubber infill, with an opportunity for public
comment. This bill requires members of the public be
allowed to comment consistent with the established
comment procedure for the meeting.
2) Defines "crumb rubber" as any composition material that
contains recycled crumb rubber from waste tires and is used
to cover or surface an artificial turf field.
SB 47 (Hill) Page 3
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3) Provides that this bill does not apply to any installation
of an artificial turf field containing crumb rubber infill
that began, or any contract for such an installation
entered into, prior to January 1, 2017.
4) Provides that this bill does not apply to any maintenance
that is needed on an artificial turf field containing crumb
rubber infill in existence as of January 1, 2017, or that
is installed prior to January 1, 2017.
5) Sunsets on January 1, 2020.
6) States legislative findings and declarations relative to
existing research and remaining questions regarding the
health effects of artificial turf with crumb rubber.
STAFF COMMENTS
1) Need for the bill. According to the author, "Thousands of
schools, parks and local governments have installed
artificial turf fields throughout the state. It has
allowed them to use fields year round, save water, and save
money, among other benefits. But not all artificial turf
fields are made from the same materials. While most
artificial turf fields use less expensive crumb rubber
infill from ground-up used car and truck tires, many
companies now offer artificial turf infill alternatives
made from coconut fibers, rice husks, cork, sand, or virgin
crumb rubber. The average artificial turf field uses
approximately 20,000 ground-up used tires (that contain
many chemicals) to make crumb rubber infill."
2) History of the bill. This bill was heard by the Senate
Environmental Quality Committee on March 18, 2015. At that
time, the bill prohibited schools and local governments
from installing artificial turf and required a study
analyzing synthetic turf for potential adverse health
impacts. The bill was subsequently held in the Senate
Appropriations Committee and has since been amended to
require
schools and local governments to take specified steps prior
to installing artificial turf and to delete reference to
the study (thereby removing the fiscal impact). The bill
SB 47 (Hill) Page 4
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was recently referred to this Committee.
3) Safety of crumb rubber. Most synthetic turf is a layered
system that includes a drainage layer, a backing system,
and "grass blades" that are infilled to resemble natural
turf. The filler is a soil-like substance created with
sand and/or granulated recycled tire rubber (crumb rubber)
or other materials that provide the necessary stability,
uniformity, and resiliency.
Over the last decade there have been upward of 50 studies
conducted nationally and internationally by academic
institutions and federal and state governments examining
the potential adverse health impacts associated with
synthetic turf, synthetic turf using crumb rubber, and
recycled rubber playground materials. These studies range
in scope from inhalation risks to bacterial infections
associated with exposure to staphylococcus aureus on
synthetic fields. Some of the studies asked broad
questions about health impacts yet examined a small sample
size of fields, examined only one chemical, looked at a
limited number of exposure pathways, or did not look at the
specific risks to children.
http://www.epa.gov/chemical-research/tire-crumb-and-syntheti
c-turf-field-literature-and-report-list-nov-2015
SB 1277 (Maldonado, Chapter 398, Statutes of 2008) required the
California Integrated Waste Management Board (now
CalRecycle), in consultation with the Office of
Environmental Health Hazard Assessment (OEHHA) (a division
within the California Environmental Protection Agency) and
the Department of Public Health, to complete a study
comparing the effects of synthetic turf and natural turf on
the environment and public health with respect to four
subjects: skin abrasions, bacteria harbored by the turf,
inhalable particulate matter, and volatile organic
compounds. Based on OEHHA's analysis of the data collected
for this study, OEHHA "concluded these fields do not pose a
serious public health concern, with the possible exception
of an increased skin abrasion rate on artificial turf
relative to natural turf."
http://www.calrecycle.ca.gov/publications/Documents/Tires%5C
2010009.pdf
SB 47 (Hill) Page 5
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In 2009, the United States Environmental Protection Agency
(US EPA) released results of a limited fields-monitoring
study of artificial turf playing fields and playgrounds
constructed with recycled tire material or crumb rubber.
The study was intended to gain experience conducting field
monitoring of recreational surfaces that contain crumb
rubber. US EPA states, "The limited data US EPA collected
during this study, which do not point to a concern,
represent an important addition to the information gathered
by various government agencies." However, given the
limited nature of the study (limited number of constituents
monitored, sample sites, and samples taken at each site)
and wide diversity of tire crumb material, it is not
possible without additional data, to extend the results
beyond the four study sites to reach more comprehensive
conclusions.
http://cfpub.epa.gov/si/si_public_record_report.cfm?dirEntry
Id=215113&simpleSearch=1&searchAll=EPA%2F600%2FR-09%2F135
The Centers for Disease Control and Prevention (CDC) states
that information provided by the New Jersey Department of
Health and Senior Services (NJDHSS) to CDC indicates that
some of the fields tested by NJDHSS were found to have
elevated lead in either dust and/or turf fiber samples that
were weathered and visibly dusty. Fields that are old,
that are used frequently, and that are exposed to the
weather break down into dust as the turf fibers are worn or
demonstrate progressive signs of weathering, including
fibers that are abraded, faded or broken.
http://www.cdc.gov/nceh/lead/tips/artificialturf.htm
On October 23, 2015, the Unites States House of
Representatives Committee on Energy and Commerce sent
several questions related to the safety of crumb rubber to
the United States Environmental Protection Agency (US EPA).
Among other things, the inquiry asked if the US EPA had
conducted additional testing to fully assess the hazards
and exposures associated with crumb rubber, as their 2009
study indicated was necessary; if the US EPA had
interactions with other federal agencies, such as the
Centers for Disease Control and Prevention and the Consumer
Product Safety Commission; and, if the US EPA is aware and
has access to other scientific studies on the hazards
SB 47 (Hill) Page 6
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and/or exposures associated with crumb rubber.
http://energycommerce.house.gov/sites/republicans.energycomm
erce.house.gov/files/letters/20151023EPA.pdf
The US EPA responded, "We have information from a number of
limited studies and they do not show an elevated health
risk from playing on fields with synthetic turf containing
tire crumb. However, these studies have various
limitations and do not comprehensively address the concerns
about children's health risks from exposure to tire crumb."
http://energycommerce.house.gov/sites/republicans.energycomm
erce.house.gov/files/114/Letters/20151221EPA.pdf
4) Pending study. In June 2015, CalRecycle and California
Environmental Protection Agency's Office of Environmental
Health Hazard Assessment agreed to conduct a series of
studies to understand how chemicals may be released from
recycled tire rubber under various environmental
conditions, human exposures, and the associated chemical
hazards and risks to humans. The prior version of this
bill required this study to be completed, but that
provision has since been amended out of the bill.
As amended this bill requires public and private schools, and
local governments, to consider options to crumb rubber but
no longer prohibits the installation of such materials.
In 2008, the Los Angeles Unified School District (LAUSD) tested
synthetic turf fibers and rubber pellets (crumb rubber) at
nine schools. The LAUSD found the turf fibers to be absent
of lead, but found small traces of lead in the rubber
pellets. The LAUSD stated that "there is no evidence of
harm to any children at our schools"; however, "in an
abundance of caution" and "as a precautionary measure," the
LAUSD removed the rubber pellets from 54 early education
centers.
Should the Legislature statutorily require schools and local
governments to take specific action prior to completion of
the study? Are the questions of safety sufficient to err
on the side of caution, while still allowing the
installation of artificial turf with crumb rubber?
SB 47 (Hill) Page 7
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5) Clarifying amendment. This bill requires schools and local
governments to hold a public meeting to discuss the
installation of crumb rubber infill. Staff recommends
amendments to clarify that the meeting is to be a regularly
scheduled meeting of the governing board. Staff further
recommends an amendment to clarify that the discussion is
to relate to the installation of artificial turf, rather
than crumb rubber, to ensure there is a public discussion
if a school chooses to install artificial turf with, or
without, crumb rubber.
6) Related and prior legislation. SB 1277 (Maldonado, Ch.
398, 2008), required the California Integrated Waste
Management Board (now CalRecycle), in consultation with the
Office of Environmental Health Hazard Assessment (a
division within the California Environmental Protection
Agency) and the Department of Public Health, to prepare and
make available a study comparing the effects of synthetic
turn and natural turf on the environment and public health.
SUPPORT
California Safe Schools
Center for Environmental Health
Environmental Working Group
Environment California
Sierra Club California
OPPOSITION
California Catholic Conference
International Union of Painters and Allied Trades, District
Council 16
State Building and Construction Trades Council of California
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