BILL ANALYSIS
SB 1291
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: SB 1291
AUTHOR: Leno
AMENDED: April 5, 2010
FISCAL: Yes HEARING
DATE:April 19, 2010
URGENCY: No CONSULTANT:
Rachel Machi Wagoner
SUBJECT : CHEMICALS OF CONCERN: FLAME RETARDANTS
SUMMARY :
Existing law:
1)Provides for the Bureau of Home Furnishings and Thermal
Insulation (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.
3)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.
4)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.
5)Prohibits a person from manufacturing, processing, or
distributing in commerce a product, or a flame-retardant
part of a product, containing more than 0.1% pentaBDE (penta
brominated diphenyl ether) or octaBDE (octa brominated
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diphenyl ether) - both flame retardant chemicals.
6)Requires the Department of Toxic Substances Control (DTSC)
to adopt regulations to: a) establish a process to identify
and prioritize chemicals or chemical ingredients in products
that may be considered a "chemical of concern;" b) establish
a process for evaluating chemicals of concern in products,
and their potential alternatives in order to determine how
best to limit exposure or to reduce the level of hazard
posed by a chemical of concern, as specified; and establish
a process that includes an evaluation of the availability of
potential alternatives and potential hazards posed by
alternatives, as well as an evaluation of critical exposure
pathways.
7)Requires DTSC to establish a Toxics Information
Clearinghouse for the collection, maintenance, and
distribution of specific chemical hazard traits and
environmental and toxicological end-point data. The bill
also requires the Office of Environmental Health Hazard
Assessment to evaluate and specify the hazard traits and
environmental and toxicological end-points and any other
relevant data that are to be included in the clearinghouse.
This bill enacts the Toxic Flame Retardants Law, that:
1) Defines various terms as specified.
2) Requires DTSC to identify, prioritize and evaluate any
flame retardant used or proposed to be used in compliance
with state flammability standard bulletins as part of the
green chemistry regulatory process (currently under
development).
3) Upon completion of the above evaluation, DTSC must
determine how best to limit exposure or reduce hazard posed
by the use of that flame retardant.
4) Requires DTSC, in consultation with the Bureau and other
agency working groups on flame retards, to perform a
comparative risk assessment of the varying options of flame
retardants.
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5) Prohibits the use of a new flame retardant until DTSC has
evaluated that product.
6) Requires flame retardants that have been identified by DTSC
as a chemical of concern to only be used in accordance with
the limitations prescribed by DTSC in #3.
COMMENTS :
1)Purpose of Bill . According to the author, "hundreds of
peer-reviewed scientific studies, link fire retardants to
numerous public health problems, including cancer,
neurological and reproductive impairments infertility,
reduction in IQ hormone and thyroid disruption, hearing
deficits, and learning disorders such as ADHD. Scientific
evidence has documented that many halogenated fire
retardants are persistent, accumulate up the food chain, and
are now found at increasing levels in people, wildlife, and
out food supply. Developing fetuses and young children are
the most vulnerable. Studies show that significant expose
occurs as halogenated fire retardants escape from
polyurethane foam used in furniture and other products.
This bill seeks to clarify that DTSC, in enacting the Green
Chemistry Initiative for the purpose of reviewing chemicals
used in consumer products for environmental and human health
impacts, must include chemicals used to meet furniture, fire
safety standards promulgated by the Bureau of Bureau of
Electronic and Appliance Repair, Home Furnishings and
Thermal Insulation (BEARHFTI).
Additionally this bill prohibits the use of new chemical flame
retardants prior to their review by the Green Chemistry
process and requires DTSC, in consultation with specified
state agencies and interdepartmental workgroups, to perform
a comparative risk assessment that compares the benefits and
risks of the regulations adopted by, or technical bulletins
issued by, the bureau with the benefits and risks of those
flame retardants the department identifies as chemicals of
concern."
2)Arguments in Support . According to the proponents, "fire
retardants are linked to numerous public health problems,
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including cancer, neurological and reproductive impairments,
birth defects, thyroid disruption, hearing deficits and
learning disorders such as ADHD. 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. For these reasons, the California Medical
Association recently passed a resolution recognizing the
cumulative negative effects of flame retardants and called
upon regulatory agencies to limit their use when possible.
The Green Chemistry Initiative was enacted for the purpose of
creating a scientifically based, comprehensive process to
identify and evaluate potentially harmful chemicals as an
alternative to individual chemical bans. No other agency is
currently responsible for monitoring or reviewing the human
health impacts of halogenated fire retardants. Given the
history of the toxicity of flame retardants, the California
Health and Safety Code should require that, prior to use,
DTSC evaluate flame retardants under the Green Chemistry
Initiative. SB1291 will make that requirement law."
3)Arguments in Opposition . According to the opponents, "a key
aspect of the developing Green Chemistry program for a
specific category of chemicals: those used or proposed to be
used as flame retardants. Under this bill DTSC would be
required to evaluate all flame retardant chemicals,
determine which should be considered chemicals of concern,
and subject those chemicals to a mandatory alternatives
assessment. This special treatment required for flame
retardants effectively ignores DTSC's mandate to prioritize
the universe of chemicals so that its finite resources can
be used most efficiently to protect human health and the
environment".
Additionally, opponents argue that this bill is unnecessary
because chemicals used as fire retardants, as well as many
other chemicals used in consumer products, will be subject
to Green Chemistry review even in the absence of the bill.
4)Amendment Needed . SB 1212 currently requires DTSC, in
consultation with the Bureau and other state agencies to
conduct a "risk assessment" to compare the benefits and
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risks of particular flame retardants as an added step to
Green Chemistry evaluation and alternatives assessment
process. This type of assessment could potentially run
counter to the Green Chemistry process prescribed by this
bill. It may be more appropriate for DTSC, in consultation
with the Bureau and other state agencies, to form a working
group to help advise on the development of potential
regulatory responses to the outcome of the evaluation
conducted by DTSC.
SOURCE : Senator Leno
SUPPORT : Breathe California
Environment California
Environmental Working Group
OPPOSITION : American Chemistry Council
CalChamber
California Manufacturers and Technology
Association
Chemical Industry Council of California
Consumer Specialty Products Association
International Sleep Products