BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
1291 (Leno)
Hearing Date: 05/10/2010 Amended: 04/22/2010
Consultant: Brendan McCarthy Policy Vote: 5-1
SB 1291 (Leno), Page 2
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BILL SUMMARY: SB 1291 requires the Department of Toxic
Substances Control to identify and evaluate flame retardant
chemicals for potential hazards to human health. The bill
requires the Department to determine how best to limit exposure
or reduce the level of hazard posed by flame retardants found to
pose a hazard to human health. The bill prohibits the use of a
new flame retardant chemical until that chemical has been
evaluated by the Department.
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Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12 2012-13 Fund
Evaluating all flame Up to $1,300 Special
*
retardants
Reviewing flame retardants Unknown Special
*
of concern
Reviewing technical $25 $25 Special
*
bulletins
Evaluating new flame Unknown Special
*
retardants
* Toxic Substances Control Account.
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STAFF COMMENTS: This bill meets the criteria for referral to the
Suspense File.
Under current law, the Bureau of Home Furnishings and Thermal
Insulation regulates the manufacture and sale of upholstered
furniture, bedding, and thermal insulation in order to protect
human health and safety from the hazards of fire. The Bureau
issues technical bulletins that contain regulatory standards for
product flammability. A common method to meet Bureau technical
standards is the use of flame retardant chemicals as additives
SB 1291 (Leno), Page 2
to furniture and household products.
Under current law, the Department of Toxic Substances Control is
required to implement the "Green Chemistry Initiative". Under
the Green Chemistry Initiative, the Department is required to
prioritize and evaluate chemicals for their potential hazard to
human health and determine how best to limit human exposure or
reduce the level of hazard of chemicals of concern. The
intention of the Green Chemistry Initiative is to allow the
Department to use the best available scientific information to
prioritize the state's regulation of potentially hazardous
chemicals.
SB 1291 requires the Department, under the Green Chemistry
Initiative, to evaluate chemicals that are used or proposed to
be used as flame retardants under regulations adopted by the
Bureau. After evaluating all flame retardant chemicals, the
Department is required to further evaluate any chemical
identified as a chemical of concern and determine how best to
limit exposure or reduce the level of hazard posed by a chemical
of concern.
The Department is required, in cooperation with the Bureau, to
evaluate any technical bulletins adopted by the Bureau, to
determine whether changes are needed to those bulletins based on
the hazard information developed by the Department.
The bill authorizes the Department to regulate identified
chemicals of concern, pursuant to the Department's existing
authority under the Green Chemistry Initiative.
The bill prohibits the use of any new flame retardant until it
has been evaluated by the Department.
By directing the Department to evaluate flame retardant
chemicals under the Green Chemistry Initiative, the bill will
increase the Department's workload. The Department will either
be required to use additional resources to evaluate these
chemicals or limit the evaluation of other chemicals identified
for review under existing law.
Staff estimates the cost to perform the initial review of all
flame retardant chemicals will be up to $1.3 million. The cost
to perform further evaluations of chemicals of concern is
unknown and will depend on the results of the initial review.
The Department will also have additional costs to review and
SB 1291 (Leno), Page 2
comment on bulletins adopted by the Bureau. Those costs are
expected to be relatively minor. Finally, the Department may
incur additional costs to review any new flame retardants that
are proposed for use in the state.