BILL ANALYSIS �
SB 1019
Page 1
Date of Hearing: August 6, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 1019 (Leno) - As Amended: June 30, 2014
Policy Committee: Environmental
Safety and Toxic Materials Vote: 6-1
Business, Professions, and Consumer Protection10-2
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill requires manufacturers of upholstered furniture to
include a label indicating whether the product has added flame
retardant chemicals. Specifically, this bill:
1)Requires the Bureau of Electronic and Appliance Repair, Home
Furnishings and Thermal Insulation (Bureau) to ensure
compliance with labeling and documentation requirements.
Authorizes the Bureau to adopt regulations pursuant to the
Administrative Procedures Act to carry out requirements of the
bill.
2)Requires the Bureau to provide the Department of Toxic
Substance Control (DTSC) with a selection of samples from
covered products labeled "No added flame retardant chemicals"
for testing and verification. Provides procedures for
expanded and follow-up testing.
3)Requires manufacturers of covered products to retain
documentation as specified.
4)Authorizes the Bureau to assess fines for failure to maintain
documentation and product mislabeling as specified.
FISCAL EFFECT
Ongoing special fund costs to the Bureau in the hundreds of
thousands of dollars, from the Home Furnishing and Thermal
Insulation Fund testing associated with enforcement. DTSC
actually performs the tests and is reimbursed by the Bureau.
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COMMENTS
1)Purpose. According to the author, California's Bureau of
Electronic and Appliance Repair, Home Furnishings, and Thermal
Insulation found flame retardant chemicals in furniture do not
provide a meaningful fire safety benefit and are associated
with a variety of health concerns. This bill provides
consumers with information regarding the addition of flame
retardant chemicals in furniture to inform buying choices.
2)Flame Retardant Chemicals. Flame retardants are added to
plastic, foam, textiles, electronics, and other products to
reduce the likelihood that products will catch fire and to
slow the rate at which they burn if they do catch fire.
Chemical flame retardants undergo a chemical reaction that
quenches the fire, typically by reducing the amount of oxygen
available to feed the fire.
Many flame retardant chemicals are persistent chemicals that
bioaccumulate and biomagnify. Polybromide Diphenly Ethers
(PBDEs), the most thoroughly studied of the flame retardant
chemicals, have been found in birds, fish, shellfish,
amphibians, marine mammals, sewage sludge, sediments, air
samples, meats, dairy products, and even vegetables.
Extensive animal research over the past decade indicates PBDE
exposure can lead to abnormalities in learning, memory,
neurodevelopment, hyperactivity, endocrine disruption, and
neurotoxic effects.
In humans, PBDEs have been found to accumulate in blood, fat,
and breast milk. According to DTSC, the levels of PBDEs
measured in humans in the United States and Canada are
typically at least 10 times higher than those in Europe, and
appear to be doubling every few years. More recent research
has shown that PBDE exposure in humans may lead to endocrine
disruption, reproductive difficulty, neurodevelopment, reduced
IQ, and elevated thyroid levels.
3)Technical Bulletin 117. According to the Bureau, in 1975,
regulations were promulgated and resulted in the development
of Technical Bulletin 117 (TB 117) entitled, "Requirements,
Test Procedures and Apparatus for Testing the Flame Retardance
of Filling Materials Used in Upholstered Furniture." This
mandatory performance standard requires concealed filling
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materials and cover fabric of upholstered furniture to undergo
individual component testing to ensure that they pass open
flame and cigarette smolder tests. Manufacturers meet this
requirement, predominately, through using polyurethane foam
treated with flame retardant chemicals, which must withstand
exposure to a 12-second small open flame.
Recently, the Bureau determined TB 117 did not adequately
address the flammability performance of upholstered furniture,
its cover fabric and its interactions with underlying filling
materials. The Bureau also determined flame retardant foam
can actually increase smolder propensity. In addition,
concerns have been growing about the human health and
environmental impacts of flame retardant chemicals.
In 2012, Governor Brown directed the Bureau to revise
flammability standards for upholstered furniture sold in the
state.
The Bureau published TB 117- 2013 in November 2013. TB
117-2013 updates flammability standards from the open flame
method of testing to a smoldering test. Manufacturers have
indicated that they can comply with TB 117-2013 without the
use of flame retardant chemicals. TB 117-2013 became
effective on January 1, 2014. Manufacturers will have a year
to complete the transition and must come into full mandatory
compliance on January 1, 2015.
According to the author, this bill coordinates with the
existing TB117-2013 requirement by requiring flame retardant
use disclosure by the same method and time frame.
4)Support. A broad coalition of firefighters, environmental and
consumer groups, and health organizations argue this bill will
allow consumers to exercise a knowledgeable choice and buy
products that protect both their families and our firefighters
from harmful chemical exposure.
5)Opposition. A coalition of business interests including the
chemical and upholstered furniture industries argue the bill
will unnecessarily alarm consumers over the safety of products
they purchase.
The American Home Furnishings Alliance assert not all flame
retardants present health concerns and is proposing amendments
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to clarify which flame retardants are chemicals of concern and
therefore must be disclosed. The author may wish to provide
clarifying amendments.
Analysis Prepared by : Jennifer Galehouse / APPR. / (916)
319-2081