BILL ANALYSIS
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THIRD READING
Bill No: SB 1212
Author: Leno (D)
Amended: 4/22/10
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 4-2, 4/19/10
AYES: Simitian, Corbett, Hancock, Pavley
NOES: Runner, Strickland
NO VOTE RECORDED: Lowenthal
SUBJECT : Cell phones: specific absorption rate
disclosure
SOURCE : Environmental Working Group
DIGEST : This bill requires specific language relating to
the specific absorption rate (SAR), to be included at the
point of sale, on the exterior packaging, and in the
instruction manuals of cellular telephone devices that are
sold in the State of California.
ANALYSIS : Existing federal law requires the Federal
Communication Commission (FCC) to regulate the cellular
phone industry, radio and other media related fields.
This bill enacts the Cellular Telephone Devices Law that:
1.Defines "cellular phone device," "hands-free device," and
"Specific Absorption Rate."
CONTINUED
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2.Requires the following to be prominently displayed by the
seller immediately adjacent to the displayed purchase
price in retail and on web locations:
"This device emits radiofrequency energy. The federal
specific absorption rate (SAR: a measure of
radiofrequency energy) limit is ___. This device emits a
maximum of ___ when held at the ear and a maximum of ___
when attached at the body."
3.Requires the retailer to list the maximum SAR for
hands-free devices, used with cell phones as reported to
the Federal Communication Commission (FCC).
4.Requires the following phrase be printed on the exterior
of the package of all cell phone devices sold in
California:
"This device emits radiofrequency energy. The federal
specific absorption rate (SAR: a measure of
radiofrequency energy) limit is ___. This device emits a
maximum of ___ when held at the ear and a maximum of ___
when attached at the body."
5.Requires that the maximum SAR value, as reported to the
FCC by the manufacturer, for each mode of use of the cell
phone be printed in the instruction manual provided with
the phone as follows:
"This device emits radiofrequency energy. The federal
specific absorption rate (SAR: a measure of
radiofrequency energy) limit is ___. When used in mode
___ this device emits a maximum of ___ per 1 gram of
tissue when held at the head and a maximum of ___ per 1
gram of tissue when attached to the body."
Background
Cellular phones and radiofrequency . When you receive a
call on your wireless telephone, the message travels
through the telephone network until it reaches a base
station close to your wireless phone. Then the base
station sends out radio waves that are detected by a
receiver in your telephone, where the signals are changed
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back into the sound of a voice.
The human body absorbs some of those radio frequency waves.
The level of radiation emitted from a cell phone and
absorbed by the human brain and body is called the Specific
Absorption Rate (SAR). The SAR values range in cell phones
from 0.2 to 1.6 W/kg (watts of energy absorbed per kilogram
of body weight).
The FCC wireless regulations . Since 1996, the FCC has
required that all wireless communications devices sold in
the United States meet minimum guidelines for safe human
exposure to radio frequency (RF) energy. The FCC relies on
the expertise of the Food and Drug Administration (FDA) and
other federal health, safety and environmental agencies to
help determine safe levels for human exposure to RF energy.
In adopting its guidelines for RF exposure, the FCC
considered opinions from these agencies as well as limits
recommended by two non-profit, expert organizations, the
Institute of Electrical and Electronics Engineers, and the
National Council on Radiation Protection and Measurements.
The FCC's guidelines specify exposure limits for hand-held
wireless devices in terms of the Specific Absorption Rate
(SAR). The SAR is a measure of the rate that RF energy is
absorbed by the body. For exposure to RF energy from
wireless devices, the allowable FCC SAR limit is 1.6 watts
per kilogram (W/kg), as averaged over one gram of tissue.
The FCC approves all wireless devices sold in the US. If
the FCC determines that exposure from an approved wireless
device exceeds its guidelines, it can withdraw its
approval. In addition, if the FDA determines that RF
exposure from a device is hazardous, it can require the
manufacturer of the device to notify users of the health
hazard and to repair, replace, or recall the device.
Several U.S. government agencies and international
organizations work cooperatively to monitor the health
effects of RF exposure. According to the FDA, to date the
weight of scientific evidence has not linked exposure to
radio frequency energy from mobile devices with any health
problems. Finally, the World Health Organization has
established an International Electromagnetic Fields Project
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to provide information on health risks, establish research
needs, and support efforts to harmonize RF exposure
standards.
Recent reports by some health and safety interest groups
have suggested that wireless device use can be linked to
cancer and other illnesses. These questions have become
more pressing as more and younger people are using the
devices, and for longer periods of time. According to the
FCC, no scientific evidence currently establishes a
definite link between wireless device use and cancer or
other illnesses, but almost all parties debating the risks
of using wireless devices agree that more and longer-term
studies are needed. After listening to several expert
witnesses, a U.S. Senate committee recently came to this
same conclusion.
The FCC holds that even though no scientific evidence
currently establishes a definite link between wireless
device use and cancer or other illnesses, some parties
recommend taking the precautions to reduce RF exposure and
the FCC posts those precautions on its website.
Cell Phone Radio Frequency Studies . The body of scientific
evidence to date does not show an association between radio
frequency from cell phones and health outcomes. However,
recently published peer-reviewed studies suggest that
long-term heavy use of cell phones may lead to an increased
incidence of brain and salivary glad tumors as well as
other health impacts.
The positions of the FDA, the FCC, the Center for Disease
Control and Prevention, and the National Cancer Institute
are that the weight of the current scientific evidence has
not conclusively linked cell phones with health problems.
However, additional data is needed.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 4/23/10)
Environmental Working Group (source)
Breast Cancer Fund
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California Nurses Association
Consumer Federation of California
OPPOSITION : (Verified 4/23/10)
AT&T
CalChamber
California Grocers Association
California Manufacturers and Technology Association
Connect, Consumer Electronics Association
Consumer Electronics Retailers Coalition
Cricket
CVS Pharmacy
Motorola
Qualcomm
Sprint
T Mobile
Tech Net
TechAmerica
Verizon Wireless
ARGUMENTS IN SUPPORT : According to the proponents, more
than four million people around the globe use cellular
phones. But, worldwide, government agencies, public health
experts, and university researchers have raised concerns
about possible effects of cell phone radiation on human
health. While the scientific evidence is not conclusive
and more research is needed, several major studies now link
cell phone use to cancer and other adverse health effects.
Questions around potential health effects and the adequacy
of current U.S. standards are significant enough to warrant
basic precautionary measures that allow consumers to make
informed purchasing decisions. This bill does not require
any kind of warning label on cell phones; rather it would
simply require retailers to disclose cell phone radiation
levels at the point-of-sale, and require manufacturers to
print this information on the box and in the user guide.
It also contains similar requirements for headsets that
emit radiation.
Proponents state that, the U.S. government standards are
outdated and provide only a slim margin of safety. The FCC
standard was set 14 years ago and was based on potential
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acute rather than long-term health effects. It allows 20
times more radiation to penetrate any individual body part
compared to the whole body exposure and has not been
updated since adopted. The latest research shows that the
brain of a 5-8 year old child absorbs twice the amount of
radiation compared to an adult brain, but this was not
accounted for by the FCC when the standard was set.
Proponents contend that while data gaps clearly remain and
more research needs to be conducted on the safety of cell
phone radiation, the questions are potential health effects
and the adequacy of current standards are significant
enough to warrant some type of precautionary action. At a
minimum, consumers should be provided with cell phone
radiation values at the point of sale so that they can make
informed purchasing choices.
ARGUMENTS IN OPPOSITION : According to the opponents,
this bill "misguided, unnecessary and constitutes a de
facto unwarranted warning label that would burden
California retailers with additional regulations and
significant costs and will lead to substantial consumer
confusion."
Opponents state that this bill is unnecessary as federal
standards already ensure wireless consumer safety,
incorporating a fifty-fold safety factor designed to
provide for safe exposure levels for all segments of the
population.
Opponents also state that this bill ignores the reality
that the weight of scientific evidence has concluded that
the current FCC standards adequately protect cell phone
consumers from potential adverse effects from radio
frequency emissions.
Finally, opponents state that this bill is federally
preempted. Any attempt by state governments to regulate
radiofrequenty emissions from wireless devices on the basis
of alleged safety concerns is preempted by federal law;
states simply have no authority to act in this area since
the federal government completely occupies the field of
regulating standards of radiofrequency emissions.
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TSM:nl 4/23/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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