BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1291|
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THIRD READING
Bill No: SB 1291
Author: Leno (D)
Amended: 6/1/10
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 5-1, 4/19/10
AYES: Simitian, Corbett, Lowenthal, Pavley, Strickland
NOES: Runner
NO VOTE RECORDED: Hancock
SENATE APPROPRIATIONS COMMITTEE : 7-3, 5/27/10
AYES: Kehoe, Alquist, Corbett, Leno, Price, Wolk, Yee
NOES: Denham, Walters, Wyland
NO VOTE RECORDED: Cox
SENATE FLOOR : 20-13, 6/3/10 (FAIL)
AYES: Alquist, Cedillo, Corbett, DeSaulnier, Ducheny,
Florez, Hancock, Kehoe, Leno, Liu, Lowenthal, Oropeza,
Padilla, Pavley, Romero, Simitian, Steinberg, Wiggins,
Wolk, Yee
NOES: Ashburn, Calderon, Cogdill, Correa, Denham, Dutton,
Huff, Negrete McLeod, Runner, Strickland, Walters,
Wright, Wyland
NO VOTE RECORDED: Aanestad, Cox, Harman, Hollingsworth,
Price, Vacancy, Vacancy
SUBJECT : Chemicals of concern: flame retardants
SOURCE : Author
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DIGEST : This bill requires the Department of Toxic
Substances Control to include, as a chemical under
consideration, any chemical that is used, or is proposed to
be used, as a flame retardant, in accordance with the
review process under the current chemical of concern
regulations.
ANALYSIS :
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 percent
pentaBDE (penta brominated diphenyl ether) or octaBDE
(octa brominated 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
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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 (c) 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. Also
requires the Office of Environmental Health Hazard
Assessment (OEHHA) 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:
1. Defines various terms, as specified.
2. Requires DTSC to include as a chemical under
consideration 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. Requires DTSC and the Bureau, in consultation with OEHHA
and other agency working groups to jointly evaluate the
current technical bulletins issued by the Bureau and
determine whether appropriate changes to the those
bulletins are warranted.
4. Prohibits the use of a new flame retardant until DTSC
has considered and determined whether the new flame
retardant is a chemical of concern.
5. 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
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#3.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-13 Fund
Reviewing technical $25 $25
Special*
bulletins
* Toxic Substances Control Account
SUPPORT : (Verified 5/27/10)
Breast Cancer Fund
Breathe California
California Professional Firefighters
California State PTA
Consumer Federation of California
Contra Costa County Board of Supervisors
Education and Outreach Environmental Health Initiative
Environment California
Environmental Working Group
Friends of the Earth
Green Science Policy Institute
Moms Rising
Science and Environmental Health Network
Sierra Club
OPPOSITION : (Verified 5/27/10) (prior version of the
bill)
American Chemistry Council
California Chamber of Commerce
California Manufacturers and Technology Association
Chemical Industry Council of California
Consumer Specialty Products Association
International Sleep Products
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ARGUMENTS IN SUPPORT : 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, to include any chemical under consideration
to be used as a flame retardant, in accordance with current
review and regulation procedures."
ARGUMENTS IN OPPOSITION : 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.
TSM:mw 6/22/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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