BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 772|
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THIRD READING
Bill No: SB 772
Author: Leno (D)
Amended: 5/5/09
Vote: 21
SENATE BUS., PROF. & ECON. DEVEL. COMMITTEE : 6-2, 4/27/09
AYES: Negrete McLeod, Aanestad, Corbett, Oropeza, Romero,
Yee
NOES: Correa, Walters
NO VOTE RECORDED: Wyland, Florez
SENATE APPROPRIATIONS COMMITTEE : 8-3, 5/18/09
AYES: Kehoe, Corbett, Denham, DeSaulnier, Hancock, Leno,
Oropeza, Yee
NOES: Cox, Runner, Wyland
NO VOTE RECORDED: Walters, Wolk
SUBJECT : Home furnishings: juvenile products
SOURCE : Friends of the Earth
DIGEST : This bill exempts juvenile products, as defined,
from fire retardant requirements and authorizes the Bureau
of Home Furnishings and Thermal Insulation to modify that
exemption if it determines that any juvenile products pose
a serious fire hazard.
ANALYSIS :
CONTINUED
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Existing law:
1. Provides for the Bureau within the Department of
Consumer Affairs (DCA), under the supervision and
control of a Chief who is appointed by the Governor.
The Chief is under the supervision and control of the
Director of DCA.
2. Provides that the Bureau administers the Home
Furnishings and Thermal Insulation Act (HFTI Act) that
provides for the licensing and inspection of businesses
that manufacture and sell upholstered furniture, bedding
and thermal insulation.
2. Provides that the Bureau also enforces other regulations
required by the HFTI Act, such as health and safety
standards, product labeling requirements, and truth in
advertising laws.
3. Requires, pursuant to the HFTI Act, mattresses, and box
springs manufactured for sale in this state to be fire
retardant and also requires all seating furniture sold
or offered for sale in this state to be flame retardant.
4. Requires the Bureau to adopt regulations requiring that
fire retardant mattresses and box springs and other
bedding products meet a specified resistance to an open
flame test.
5. Defines a "fire retardant" product as a product that
meets the regulations adopted by the Bureau and does not
include furniture used exclusively for the purpose of
physical fitness and exercise.
6. Prohibits a person from manufacturing, processing, or
distributing in commerce a product, or a flame-retardant
part of a product, containing more than one-tenth of a
percent pentaBDE (penta brominated diphenyl ether) or
octaBDE (octa brominated diphenyl ether) - both are
flame retardant chemicals.
This bill:
1. Exempts juvenile products, as defined, from meeting the
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fire-retardant requirements and regulations of the
Bureau.
2. Defines "juvenile products" as any item of bedding or
seating furniture with a primary intended use for
children six years of age or younger. Provides that the
term includes, but is not limited to, portable cribs,
car seats, strollers, bassinets, infant carriers,
walkers, backpack child carriers, infant and toddler
pillows, and toddler chairs.
3. Specifies that the Bureau may, by regulation, modify
this exemption if it determines that any juvenile
products pose a serious fire hazard.
4. Specifies the bill does not apply to products covered by
federal regulations governing the flammability of
mattress sets.
Comments
Description of Halogenated Fire Retardants . The most
commonly known halogenated fire retardants are brominated
and chlorinated chemicals. Manufacturers of consumer
products commonly add flame-retardant chemicals to plastics
and other flammable materials to reduce the risk of fire.
Brominated fire retardants (BFRs) are chemicals that reduce
the spread of fire in a variety of common products such as
electronic casings, polyurethane foam, and commercial
textiles. The most studied of the brominated flame
retardants are the polybrominated diphenyl ethers (PBDEs)
which were first introduced into the market over thirty
years ago. These chemicals escape into the environment
during manufacture, use, and disposal of products
containing this flame retardant. Chlorinated fire
retardants (CFRs) are mainly used in plastics. Chlorine is
used for the production of polyvinyl chloride (PVC). PVC
is used in many applications including construction and
furnishings. The chlorine in the PVC makes the material
flame retardant. Like BFRs, CFRs accumulate in the
environment.
PBDEs, a type of BFR, are closely related in structure and
behavior of polychlorinated biphenyls (PCBs). PCBs are
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known to have neurotoxic and carcinogenic action and were
banned by Congress in 1976. Such similarity of the
chemicals' molecular structures raises concern about
potential biological hazards. Proponents of this measure
assert that BFRs and CFRs may cause reproductive,
developmental, neurological or other health problems,
including cancer, birth defects, learning disorders, and
mental retardation.
Governor's Green Chemistry Initiative . In April 2007, the
Secretary for Environmental Protection (Secretary) launched
the California Green Chemistry Initiative (GCI) in
collaboration with California Environmental Protection
Agency, boards, departments and offices, as well as other
state agencies. The Secretary asked the Department of
Toxic Substances Control (DTSC) to lead the initiative and
conduct a broad public process to generate ideas, develop
overall policy goals and make recommendations. In December
2008, the Secretary released the California Green Chemistry
Initiative Final Report prepared by DTSC and presented
"policy recommendations for strengthening the protection of
public health and our environment and moving toward a
sustainable California." The Secretary stated that six
recommendations were developed through the GCI and
constitute a far-reaching, market-driven strategy with an
ambitious aim; the launch of a new chemicals framework and
a quantum shift in environmental protection. "These
landmark policy options will continue California's
environmental leadership and foster a new era in the design
of a new consumer products economy inventing, manufacturing
and using toxic-free, sustainable products." One of the
recommendations was to accelerate the quest for safer
products, creating a systematic, science-based process to
evaluate chemicals of concern and alternatives to ensure
product safety and reduce or eliminate the need for
chemical-by-chemical bans.
The DTSC in presenting the report to the Secretary
indicated that Green Chemistry is a systematic scientific
and engineering approach that seeks to reduce the use of
hazardous chemicals and the generation of toxic wastes by
changing how society designs, manufactures, and uses
chemicals in processes and products. "Rather than managing
wastes after end-of-product life, Green Chemistry shifts
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our focus to designing chemicals, processes, and goods that
have less or no adverse effects throughout their lifecycle
on California's people and our environment." The DTS
further stated that as a state, " The most important thing
we can do is give all our children [underlined for
emphasis] the chance to fulfill their dreams, achieve their
potential, and work together in productive and sustainable
jobs and communities. The report sets forth new ideas to
protect our children's health from toxic chemicals in
products " [underlined for emphasis].
Recent Legislation to Deal with Dangerous Chemicals
AB 302 (Chan), Chapter 205, Statutes of 2003 , banned the
use of penta- and octa- brominated diphenyl ethers after
January 1, 2008.
SB 509 (Simitian), Chapter 560, Statutes of 2008 , requires
DTSC to establish a Toxics Information Clearinghouse for
the collection, maintenance, and distribution of specified
chemical information.
AB 1879 (Feuer), Chapter 559, Statutes of 2008 , gave the
DTSC the responsibility to develop, in regulation,
processes by which chemicals of concern are identified, and
once identified, scientifically assessed, along with their
alternatives.
AB 706 (Leno), of 2008 , commencing July 1, 2010, would have
required bedding products to comply with certain
requirements, including that they not contain a chemical or
component not in compliance with alternatives assessment
requirements as specified, and required the DTSC to develop
and adopt methodology for the coordination and conduct of
an alternative assessment to review the classes of
chemicals used to meet the fire retardancy standards set by
the Bureau, and to meet other requirements as specified.
This bill failed on the Senate Floor.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
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Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11
2011-12 Fund
Product exemption Up to $39 Up to
$64Up to $64* Special**
Regulation revision Minor, absorbable
one time Special**
*Costs may be minor, absorbable
**Bureau of Home Furnishings and Thermal Insulation Fund
SUPPORT : (Verified 5/20/09)
Friends of the Earth (source)
As You Sow Foundation
The Baum Foundation
Breast Cancer Fund
Center for Biological Diversity
Center for Environmental Health
Commonweal
Consumer Federation of California
Contra Costa Health Services
Diversified Health Services
Environment California
Environmental Working Group
Healthy Child Health World
Humane Society of the United States
Ocean Conservancy
Making Our Milk Safe
MomsRising.org
Natural Resources Defense Counsel
Planning and Conservation League
San Francisco Firefighters Cancer Prevention Foundation
Santa Barbara Channelkeeper
Sierra Club California
The Trauma Foundation
OPPOSITION : (Verified 5/20/09)
Health African American Families II
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ARGUMENTS IN SUPPORT : According to the Sponsor of this
legislation will end the requirement that juvenile products
contain toxic fire retardant chemicals, unless the Bureau
determines that such products represent a fire safety risk.
The Sponsor indicates that according to the Consumer
Product Safety Commission, there is no evidence that
juvenile products are associated with the risk of fire.
The Sponsor points out that halogenated fire retardants
commonly used in juvenile products are linked to numerous
public health concerns, including cancer, neurological and
reproductive impairments, birth defects, thyroid
disruption, hearing deficits, and learning disorders such
as ADHD (attention deficit hyperactivity disorder). The
Sponsor further states that many halogenated fire
retardants are persistent, accumulate up the food chain,
and are now found at increasing levels in people and
wildlife. Developing fetuses and young children are the
most vulnerable. The Sponsor argues that the prohibiting
the use of these chemicals in baby products will protect
the health of our children, the general public, and the
environment
ARGUMENTS IN OPPOSITION : Health African American
Families II (HAAF) indicates that Californians currently
are protected by the highest standards of fire safety in
the country and that state standards for fire protection
with the use of flame-retardant chemicals has reduced the
number of fire fatalities by more than 64 percent. HAAF
argues that removing these life-saving fire retardants from
children's products without an adequate replacement is
misguided and would put children at serious risk.
Additionally, low income and minority communities already
bear a disproportionate share of fire-related deaths and
injuries and the proposed change in policy would only
exacerbate the inequity.
JJA:do 5/20/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
SUPPORT/OPPOSITION: NONE RECEIVED
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