HomeMy WebLinkAboutMINUTES - 05112010 - C.30RECOMMENDATION(S):
SUPPORT SB 1291 (Leno), a bill that requires evaluation of any chemical used as a flame
retardant and prohibits a person from using a new flame retardant in the manufacture or in
connection with upholstered furniture, bedding and filling materials, until the Department of
Toxic Substances Control completes an evaluation of the new flame retardant, as
recommended by the Director of Public Health.
FISCAL IMPACT:
No fiscal impact to the County.
BACKGROUND:
Flammability standards specific to California for furniture, children’s products, bed
coverings, and bedding products have led to the de facto requirement that chemical
Halogenated Flame Retardants (HFRs) be incorporated into furniture and bedding sold in
California. These HFRs are similar in structure to both dioxins and PCBs (Polychlorinated
biphenyls)– two extremely toxic chemicals.
We do not know for certain what these HFR chemicals do to humans and infants; the
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/11/2010 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: L. DeLaney, (925)
335-1097
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: May 11, 2010
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Katherine Sinclair, Deputy
cc:
C.30
To:Board of Supervisors
From:David Twa, County Administrator
Date:May 11, 2010
Contra
Costa
County
Subject:SUPPORT Position for SB 1291 (Leno): Chemicals of Concern: Flame Retardants
chemical industry is not required to carry out any health studies before introducing these
toxic chemicals into our homes and children’s products – in quantities measured in pounds
per home. In animal studies, these chemicals cause cancer, neurological impairments like
hyperactivity, reproductive problems like lower sperm count and microtestes, thyroid
problems, and/or endocrine disruption in every species studied. PBDE (Polybrominated
diphenyl ethers) flame retardants were used in polyurethane foam furniture and juvenile
products sold in California from the 1975 until 2004, when they were banned in California.
However, other similar HFRs for which there is no adequate human health information are
still used. If more than trace quantities of these chemicals were drifting over refinery fences
into our communities, there would be justifiable outrage. Instead, we are inviting pounds of
these toxic chemicals directly into our homes.
The ostensible reason for including toxic HFRs in furniture, bedding and children’s products
is fire safety. But according the National Fire Protection Association (NFPA), there is no
credible evidence that these toxic chemicals actually reduce fire deaths in California. Fire
deaths did decline by 38% in California from 1980 to 1999, when these chemicals began to
be used in our furniture and baby products, but the decline was even greater in other states
that do not have standards leading to the use of these toxic chemicals. There is substantial
risk to our children’s health from these chemicals for no measurable benefit.
The pounds of these chemicals found in homes in our furniture and baby products leak out
into dust, pets, humans, and the environment. Children and infants are most sensitive to the
adverse health effects of this class of chemical toxins. Our babies are born with HFRs in
their bodies and get a further dose from their mother’s milk and exposure to baby products.
Toddlers have much higher levels than their mothers. California has unique laws
encouraging the use of HFRs. As a result, Californians have the highest body burdens in the
world of the HFR pentaBDE, a known potent endocrine disrupting chemical.
The California Conference of Local Health Officers (CCLHO) along with experts from the
California Department of Public Health held a study session on HFRs last year. Based on
that session CCLHO endorsed SB 772 (Leno), which would have removed HFRs from
children’s products. That bill was narrowly defeated, largely on the argument that the issue
of HFRs should be considered under the provisions of California’s Green Chemistry
Initiative. SB 1291 will provide for that evaluation.
This bill seeks to clarify that the Department of Toxic Substances Control (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.
BACKGROUND: (CONT'D)
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
ATTACHMENTS
SB 1291 Bill Text
AMENDED IN SENATE APRIL 5, 2010
SENATE BILL No. 1291
Introduced by Senator Leno
February 19, 2010
An act relating to home furnishings to add Article 15 (commencing
with Section 25257.5) to Chapter 6.5 of Division 20 of the Health and
Safety Code, relating to hazardous chemicals.
legislative counsel’s digest
SB 1291, as amended, Leno.Home furnishings: bedding products.
Chemicals of concern: flame retardants.
(1) Existing law requires the Department of Toxic Substance Control
to adopt regulations to establish a process by which chemicals or
chemical ingredients in products may be identified and prioritized for
consideration as being chemicals of concern and to adopt regulations
to establish a process by which chemicals of concern may be evaluated.
The regulations are required to adopt regulations that specify actions
that the department may take following the completion of the analysis.
A violation of the hazardous waste control law is a crime.
Existing law, the Home Furnishings and Thermal Insulation Act,
administered by the Bureau of Electronic and Applicance Appliance
Repair, Home Furnishings, and Thermal Insulation, requires all bedding
products, other than mattresses and mattress sets, that the bureau
determines to contribute to mattress bedding fires to comply with
specified regulations adopted by the bureau imposes specified flame
retardant requirements.
This bill would require the department to evaluate any chemical that
is used, or is proposed to be used, as a flame retardant, as defined, in
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accordance with those regulations and to identify and prioritize those
flame retardants that may be considered as being chemicals of concern.
The bill would prohibit a person from using a new flame retardant
in the manufacture of, or otherwise in connection with, any upholstered
furniture, bedding and filling materials, until the department completes
this evaluation of that new flame retardant.
The bill would require the department, in consultation with the
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.
The bill would require a person to use a flame retardant in accordance
with the regulatory responses adopted by the department.
By creating new prohibitions, the violation of which would be a crime,
this bill would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
This bill would state the intent of the Legislature to enact legislation
that would suspend the bureau’s preparation of specified flammability
regulations contained in Technical Bulletin 604 and establish a
multiagency task force to evaluate fire safety standards in light of
reported health and environmental hazards posed by toxic flame
retardant chemicals and materials.
Vote: majority. Appropriation: no. Fiscal committee: no yes.
State-mandated local program: no yes.
The people of the State of California do enact as follows:
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SECTION 1.Article 15 (commencing with Section 25257.5) is
added to Chapter 6.5 of Division 20 of the Health and Safety Code,
to read:
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Article 15.Toxic Flame Retardants
25257.5.For purposes of this article, the following definitions
shall apply:
(a) “Bedding” has the same meaning as defined in Section
19007 of the Business and Profession Code.
(b) “Bureau” means the Bureau of Electronic and Appliance
Repair, Home Furnishings, and Thermal Insulation, as established
in Section 9810 of the Business and Professions Code.
(c) “Filling material” means cotton, wool, kapok, feathers,
downs, hair, liquid, or any other material, substance, or any
combination thereof, loose or in batting, pads, or any other
prefabricated form, concealed or not concealed, to be used or that
could be used in articles of bedding or upholstered furniture.
(d) “Flame retardant” means a chemical that is, or is proposed
to be, used to comply with any regulation adopted by, or technical
bulletin issued by, the bureau pursuant to Chapter 3 (commencing
with Section 19000) of Division 8 of the Business and Professions
Code to implement the requirements of Section 19161 of the
Business and Professions Code.
(e) “New flame retardant” means a chemical that is a flame
retardant and that is first used on or after January 1, 2011, for
purposes of complying with the regulations or technical bulletins
specified in subdivision (d).
(f) “Upholstered furniture” has the same meaning as defined
in Section 19006 of the Business and Professions Code.
(g) All other terms used in this article shall have the same
meaning as defined in Article 14 (commencing with Section 25251).
25257.6.(a) The department shall evaluate any chemical that
is used, or is proposed to be used, as a flame retardant in
accordance with the regulations adopted pursuant to Section 25252
and shall identify and prioritize the chemicals that are used, or
proposed to be used, as flame retardants that the department
considers as being chemicals of concern, in accordance with the
review process specified in Section 25252.5.
(b) (1) After completing the evaluation pursuant to subdivision
(a), the department shall subsequently evaluate any flame retardant
that the department has identified as a chemical of concern by
determining how best to limit exposure or reduce the level of
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SB 1291— 3 —
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hazard posed by that flame retardant, in accordance with the
regulations adopted pursuant to subdivision (a) of Section 25253.
(2) In addition to evaluating the potential alternatives and
potential hazards pursuant to the requirements of the regulations
specified in paragraph (2) of subdivision (a) of Section 25253, the
department shall, in consultation with the bureau, the office, and
any other state agencies or interdepartmental workgroups, perform
a comparative risk assessment that compares the benefits and risks
of the regulations adopted by, or technical bulletins issued by, the
bureau pursuant to Chapter 3 (commencing with Section 19000)
of Division 8 of the Business and Professions Code to implement
the requirements of Section 19161 of the Business and Professions
Code, with the benefits and risks of those flame retardants that
the department has identified as chemicals of concern.
(3) The department may, after completing the process specified
in paragraphs (1) and (2), take any of the regulatory responses
specified in subdivision (b) of Section 25253.
25257.7.(a) A person shall not use a new flame retardant in
the manufacture of, or otherwise in connection with, any
upholstered furniture or bedding and filling materials until the
department has completed the evaluation of that new flame
retardant pursuant to subdivision (a) of Section 25257.6.
(b) If the department identifies a flame retardant as a chemical
of concern pursuant to Section 25257.6, a person may use the
flame retardant only in accordance with the regulatory responses
adopted by the department pursuant to subdivision (b) of Section
25257.6.
25257.8.The requirements of the article are in addition to,
and shall not otherwise affect the authority of the department
pursuant to, Article 14 (commencing with Section 25251).
SEC. 2.No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.
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SECTION 1.The Legislature hereby finds and declares the
following:
(a) Existing law requires bedding products, other than mattresses
and mattress sets, that the Bureau of Electronic and Appliance
Repair, Home Furnishings, and Thermal Insulation determines to
contribute to mattress bedding fires to comply with regulations
adopted by the bureau.
(b) It is the intent of the Legislature to enact legislation that
would do both of the following:
(1) Suspend the bureau’s preparation of regulations contained
in Technical Bulletin 604.
(2) Establish a multiagency task force to evaluate current fire
safety standards in light of reported health and environmental
hazards posed by toxic flame retardant chemicals and materials.
O
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