BILL ANALYSIS                                                                                                                                                                                                    



                                                               AB 1415
                                                                       

                      SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                             Alan S. Lowenthal, Chairman
                              2005-2006 Regular Session
                                           
           BILL NO:    AB 1415
           AUTHOR:     Pavley
           AMENDED:    March 31, 2005
           FISCAL:     Yes               HEARING DATE:     June 27, 2005
           URGENCY:    No                CONSULTANT:       Bruce Jennings
            
           SUBJECT  :    HAZARDOUS WASTE:  MERCURY RELAYS &
                       SWITCHES 

            SUMMARY  :    
           
            Existing law  :

           1) Prohibits, on and after January 1, 2006, a person from  
              selling, offering to sell, or distributing for promotional  
              purposes, in this state, a mercury-added thermostat, unless  
              the mercury-added thermostat meets specified criteria.

           2) Imposes specified penalties on violators of hazardous waste  
              control laws.

            This bill  :

           1) Bans the sale and distribution of specified products  
              containing mercury (i.e., barometers, flow meters,  
              hydrometers, psychometers, manometers, pyrometers,  
              sphygmanometers, and thermometers).

           2) Provides exemptions for mercury-added products required  
              under a federal law or federal contract or if the only  
              mercury-added component is a button cell battery.

           3) Declares legislative findings.

            COMMENTS  :

            1) Purpose of Bill  .  According to the author, mercury is a  
              persistent, bioaccumulative toxin that can result in  
              developmental disorders, neural damage, as well as specific  









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              organ damage (i.e., liver, kidneys).  Individuals can be  
              exposed to mercury by consuming mercury-contaminated fish,  
              by inhalation, or by dermal contact.  Pregnant women, women  
              of childbearing age, and infants are especially vulnerable  
              to the damaging effects of mercury.  

           Many products contain mercury; when mercury is released from  
              these products it most typically accumulates in the food  
              chain and can be taken up by fish and wildlife.  Due to its  
              propensity to bioaccumulate, mercury is of special concern,  
              especially in the context of its damaging effects on  
              health.   The US EPA has determined that 630,000 children  
              are born annually in the US with unsafe blood levels of  
              mercury.   

            2) Mercury & Water Contamination  .  According to the California  
              Association of Sanitation Agencies, there are 142 water  
              bodies listed as impaired by mercury.  The State Water  
              Resources Control Board is developing new mercury water  
              quality criteria that will likely impose significant new  
              requirements on publicly owned treatment works (POTWs).  

            3) Mercury Addressed by AB 1415  .  Collectively, mercury in  
              switches, relays, measuring devices, and gastrointestinal  
              tubes utilize more mercury than is used to manufacture all  
              other mercury-containing products in the United States.   
              Cost-effective, non-mercury versions of these products are  
              reportedly readily available.

            4) Other States' Policy on Mercury  .  The states of Maine and  
              Illinois recently banned the sale of products with  
              mercury-containing switches, relays, measuring devices, and  
              gastrointestinal tubes.   

            5) Opponent Arguments  .  The one opponent, Agilent  
              Technologies, states that since its products have a long  
              product life, are sold in lower volumes, as well as due to  
              RCRA laws and a self-initiated take-back program, there  
              should be an exemption for its products that contain only  
              minute levels of mercury.  Agilent has proposed that the  
              author amend AB 1415 to allow for an exemption for the sale  
              of mercury components containing less than a milligram of  
              mercury.









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           The problem with such an exemption, of course, is that it may  
              open an exemption process in which various products, each  
              containing only "minute amounts" may defeat California's  
              decades long efforts to eliminate mercury from its  
              environment.  As noted in the public health and medical  
              literature, the bioaccumulation of minute amounts of  
              mercury continue to pose a substantial public health  
              threat, especially to fetuses, infants, and children.

           Agilent does note in its letter of opposition that other  
              states' recent efforts to enact legislation to further  
              restrict the sale of mercury containing products is the use  
              of an exemption process.  The author is working to identify  
              an avenue for addressing the issues raised in letters of  
              opposition.

            6) Administration Support  .  The Department of Toxic Substances  
              Control on June 24th issued a formal letter of support for  
              AB 1415, noting that it will help to eliminate the largest  
              of the remaining sources of mercury pollution.

           SOURCE  :        Sierra Club  

           SUPPORT  :       California Association of Sanitation Agencies,  
                          California Committees Against Toxics,  
                          California Environmental Rights Alliance,  
                          California Safe Schools, Center for  
                          Environmental Health, Californians Against  
                          Waste, California Communities Against Toxics,  
                          California Environmental Rights Alliance,  
                          California Safe Schools, Center for  
                          Environmental Health, Clean Water Action,  
                          Children's Environmental Health Network, Del  
                          Amo Action Committee, Department of Toxic  
                          Substances Control, Environmental Defense,  
                          Healthy Children Organizing Project, League of  
                          Cities, National Environmental Trust, Natural  
                          Resources Defense Council, Physicians for a  
                          Social Responsibility (San Francisco Chapter),  
                          Sierra Club California  

           OPPOSITION  :    AeA, Agilent Technologies, Philips Medical  









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