BILL ANALYSIS
AB 1369
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1369 (Pavley)
As Amended July 14, 2004
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |53-22|(May 27, 2003) |SENATE: |24-11|(August 23, |
| | | | | |2004) |
-----------------------------------------------------------------
(vote not relevant)
Original Committee Reference: HEALTH .
SUMMARY : Prohibits the sale, offer for sale or promotional
distribution of mercury-added thermostats in this state,
beginning January 1, 2006, unless the mercury-added thermostat
meets specified criteria. Specifically, this bill :
1)Makes various findings relative to the threat posed by mercury
and methyl mercury to human health and the environment; also,
notes economical alternatives to mercury-containing
thermostats and their availability for commercial and
residential applications.
2)Prohibits the sale, offer for sale or promotional distribution
of mercury-added thermostats beginning January 1, 2006, unless
the thermostat meets the following criteria: a) the
thermostat will be used for manufacturing or industrial
purposes; and, b) the thermostat will be used by a blind or
visually impaired person.
The Senate amendments delete the Assembly version of this bill,
and instead prohibit the sale or offer for sale or promotional
distribution of mercury-added thermostats in this state,
beginning January 1, 2006, unless the mercury-added thermostat
meets specified criteria.
AS PASSED BY THE ASSEMBLY , this bill required residential care
facilities for the elderly with more than 60 beds, commencing
January 1, 2005, to purchase automatic external defibrillators
and train their staff in their use.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
AB 1369
Page 2
COMMENTS : The author states that the purpose of these
amendments 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. The author asserts that 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 energy savings potential,
are currently available. 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.
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.
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 through
the consumption of fish.
This bill was substantially amended in the Senate and the
Assembly-approved provisions of this bill were deleted. This
bill, as amended in the Senate is inconsistent with Assembly
actions.
Analysis Prepared by : Joanne Wong / E.S. & T.M. / (916)
319-3965
FN: 0008635