BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1369|
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THIRD READING
Bill No: AB 1369
Author: Pavley (D)
Amended: 7/14/04 in Senate
Vote: 21
ALL PRIOR VOTES NOT RELEVANT
SENATE ENV. QUALITY COMMITTEE : 6-1, 6/21/04
AYES: Sher, Chesbro, Figueroa, Kuehl, McPherson, Romero
NOES: Morrow
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Mercury-added thermostats
SOURCE : Sierra Club California
DIGEST : This bill provides for the phase-out of the use
of mercury-added thermostats used to sense and control
temperatures.
ANALYSIS : 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 State Department of Toxic Substances
Control, pursuant to the California Mercury Reduction
Act of 2001.
2. Prohibits, generally, the retail sale of mercury fever
CONTINUED
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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 in this state,
beginning January 1, 2006, unless the thermostat meets
the following criteria:
A. The thermostat will be used for manufacturing or
industrial purposes.
B. The thermostat will be used by a blind or visually
impaired person.
Comments
Purpose of bill . The purpose of this bill 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,
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.
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Background . It is estimated that approximately eight
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.
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.
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 7/14/04)
Sierra Club California (source)
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
CP:sl 7/14/04 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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