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.







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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.









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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  








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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 









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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  








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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?  









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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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