BILL ANALYSIS
AB 1369
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Byron D. Sher, Chairman
2003-2004 Regular Session
BILL NO: AB 1369
AUTHOR: Pavley
AMENDED: June 8, 2004
FISCAL: Yes HEARING DATE: June 21, 2004
URGENCY: No CONSULTANT: Bruce Jennings
SUBJECT : HAZARDOUS MATERIALS: MERCURY
THERMOSTATS
SUMMARY :
Existing law :
1) Requires any mercury-containing vehicle light switch that
is removed from a vehicle to be managed as a hazardous
waste and in accordance with regulations adopted by the
Department of Toxic Substances Control, pursuant to the
California Mercury Reduction Act of 2001.
2) Prohibits, generally, the retail sale of mercury fever
thermometer, except by prescription.
3) Prohibits the manufacture, sale, use, or distribution for
promotional purposes a mercury-added novelty.
This bill :
1) Makes various findings relative to the threat posed by
mercury and methylmercury to human health and the
environment; also, notes affordable alternatives to
mercury-containing thermostats and their availability for
commercial and residential applications.
2) Prohibits the sale or offer for sale or promotional
distribution of mercury-added thermostats beginning January
1, 2006, with certain exceptions (e.g., manufacturing and
industrial applications).
3) Allows the department to grant a variance when the
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manufacturer:
a) Demonstrates an ability to collect, transport, and
process mercury "at the end of its life";
b) Demonstrates that the specific uses of the
mercury-added thermostat provides a net benefit to the
environment, public health, or public safety when
compared to non-mercury alternatives; and,
c) Limits the granting of a variance to two years and
subsequent two renewals if the department finds that the
variance has not resulted in harm to human health or
safety or the environment and that there has been
substantial compliance with conditions contained in the
variance.
4) Requires the department to issue a public notice at least
30 days prior to granting the variance to allow for public
comment and in accordance with specified conditions.
5) Subjects variances to modification or revocation by the
department, including finding that the conditions no longer
apply or that the holder of the variance is in violation of
one or more conditions, limitations, or other requirements
of the variance are no longer satisfied.
6) Requires the department to issue a public notice in the
California Regulatory Register within 30 days of granting a
variance.
COMMENTS :
1) Purpose of Bill . The purpose of AB 1369 is to reduce an
unnecessary source of mercury entering our environment
through the solid waste stream by phasing out the use of
mercury-added thermostats used to sense and control room
temperatures. Mercury is so toxic that it should not be
used in consumer products when safer and affordable
alternatives are readily available. The California
Legislature has already acted to eliminate other
mercury-containing products, such as thermometers and
novelty items. A wide range of non-mercury thermostats,
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including programmable digital models that offer excellent
energy savings potential, are currently available at low
prices. Thermostats have a large amount of mercury and are
often removed by homeowners, who discard them in regular
trash. Oregon, Maine, Connecticut, and Rhode Island have
already acted to eliminate the use of mercury-containing
thermostats.
2) Background . It is estimated that approximately 8 million
residential thermostats are sold each year in the United
States and approximately 10 percent of these devices
contain mercury. New Jersey-based Honeywell International
Inc., which is said to possess most of the market for
mercury thermostats, reportedly will cease production of
its mercury containing model by January 2006.
3) Damaging Health Effects . Mercury has been linked to
developmental ailments in the brain, spinal cord, kidneys,
liver, and lungs. Even small amounts are especially
harmful for a developing fetus. Released into the
environment, it can accumulate in living tissue and
bioaccumulate to pose magnified harm to humans, such as the
consumption of fish.
4) Alternatives . There are a wide variety of switch designs
that do not use mercury. These include solid-state
thermostats, such as digital models, that are available as
an affordable alternative to mercury thermostats in
commercial and residential applications. Moreover, digital
thermostats are programmable so they offer savings by
providing energy efficiency.
5) Should the elimination of mercury containing thermostats be
based on the granting of variances ?
The granting of variances by the Department of Toxic
Substances Control is probably most appropriate for
situations where various exceptions to the general rule may
be necessary and which cannot be anticipated in statute.
The experience of other states which have acted to
eliminate mercury thermostats, however, suggests that there
are only a limited number of exceptions where the sale of
mercury-containing thermostats may be necessary (i.e., the
blind or visually impaired and for thermostats used for
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manufacturing or industrial purposes.
The author may wish to consider whether it is more appropriate
to simply fashion the bill as a ban on mercury-containing
thermostats beginning January 1, 2006 and to list the
specific exceptions.
6) Technical Change . On page 4, line 32, the passage should
clarify that the prohibition is "in this state" to be
inserted after "purposes".
SOURCE : Sierra Club California
SUPPORT : Breast Cancer Action, California Association of
Sanitation Agencies, California Environmental
Rights Alliance, Environment California,
Environmental Caucus of the California
Democratic Party, Healthy Children Organizing
Project, League of California Cities
OPPOSITION : None on file