BILL ANALYSIS
AB 1369
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1369 (Pavley)
As Amended July 14, 2004
Majority vote
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|ASSEMBLY: | |(May 27, 2003) |SENATE: |24-11|(August 23, |
| | | | | |2004) |
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(vote not relevant)
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|COMMITTEE VOTE: |5-2 |(August 26, 2004) |RECOMMENDATION: |concur |
|(Environmental | | | | |
|Safety) | | | | |
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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
AB 1369
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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.
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, has stated that it will
provide an alternative option that will not contain mercury for
locations such as California, Oregon, and Maine.
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.
Analysis Prepared by : Joanne Wong / E.S. & T.M. / (916) 319-3965
AB 1369
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FN: 0008950