BILL ANALYSIS
AB 2516
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Date of Hearing: April 25, 2006
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Ira Ruskin, Chair
AB 2516 (Tran) - As Introduced: February 23, 2006
SUBJECT : Toxic Substances: PBDEs (polybrominated diphenyl
ethers)
SUMMARY : Provides a temporary exemption to the ban on the
processing of recycled materials containing PBDEs.
Specifically, this bill :
Creates a temporary exemption, sunsetting on January 1, 2011, to
the ban on the processing of recycled materials, in accordance
with all applicable state and federal laws, that contain more
than one-tenth of one percent pentaBDE or octaBDE.
EXISTING LAW: Bans the manufacture, process, distribution in
commerce of a product, or a flame retardant part of a product
containing more than one-tenth of one percent of pentaBDE or
octaBDE after June1, 2006.
FISCAL EFFECT : Unknown
COMMENTS :
1. PBDE's Manufacturers of consumer products commonly add
flame-retardant chemicals to plastics and other flammable
materials to reduce the risk of fire. Brominated flame
retardants are chemicals that reduce the spread of fire in
a variety of common products such as electronic casings,
polyurethane foam, and commercial textiles. The most
studied of the brominated flame retardants are the
polybrominated diphenyl ethers (PBDEs) which were first
introduced into the market thirty years ago.
PBDEs are closely related in structure and behavior of
polychlorinated biphenyls (PCBs). PCBs are known to have
neurotoxic and carcinogenic action and were banned by
Congress in 1976. Such similarity of the chemicals'
molecular structures raises concern about potential
biological hazards associated with PBDEs.
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Studies suggest that PBDEs, carried by women and passed on
to their babies in the womb, may cause damage to the
nervous system during development and disrupt thyroid
endocrine balance. Researchers believe that they may
impair intelligence and motor skills in children.
According to the author, Swedish studies show that the
levels of PBDE in human breastmilk have increased 40-fold
since 1972. North American breastmilk samples contain 40
times the amount of PBDEs found in Swedish samples and as
mentioned above, breast tissue from a San Francisco Bay
Area women show some of the highest levels of PBDE yet
found in people.
2. Need for the bill According to the Carpet Cushion
Council, adoption of laws banning pentaBDE without
providing exemptions for recycled material / recycling have
a profound adverse effect upon the recycling industry, the
retailers and distributors of carpet cushion, the
manufacturers of bonded carpet cushion, and the public.
PBDE bans without exemptions for recycling will render the
take-up foam carpet cushion valueless. This results in
collectors and recyclers declining to handle what had been
recyclable materials, leaving to the retailer or
distributor the task and expense of dealing with the
removed materials in the form of increased trash disposal
load and accompanying costs.
3. Arguments in opposition: Opponents to the measure state
that the risk to human health and the environment is too
great to allow pentaBDE and octaBDE back into peoples'
homes. They view the measure as a loophole to the original
law that should not be allowed.
4. Other States : Eight states (California, Hawaii,
Illinois, Oregon, Maryland, Michigan, Maine and New York)
have enacted bans limiting pentaBDE and octaBDE in
products. Some of these states allow an exemption from the
ban for recycling/ recycled materials. Six states have
permanent exemptions for metallic recyclables (including
California). Three states (Illinois, Maryland, and
Michigan) permanently exempt processing of recycled
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material / recycling from the ban. Two additional states
(Maine and New York) are interpreted as exempting recycled
material / recycling.
5. Legislative History
AB 302 (Chan) Chapter 205, Statutes of 2003 established the
ban on pentaBDE and octaBDE with a permanent exemption for
metallic recyclables and an effective date of January 1,
2008.
AB 2587 (Chan) Chapter 641, Statutes of 2004) changed the
effective date of the ban to June 1, 2006 and made
technical, clarifying changes to definitions.
REGISTERED SUPPORT / OPPOSITION :
Support
Carpet Cushion Council
Carpet Pad Recycling
Champion Polymer Recycling
Carpenter Comfort Cushioning Products
Danny Recycling, Inc.
Eastern Impressions
Foamex International, Inc.
Legget and Platt, Inc. Urethane Division
S and D Carpet Pad Recycling
Sunrise Pad and Foam
Sunshine Pad and Foam Recycling
Union Recovery
Opposition
California Communities Against Toxics
Environment California
Planning and Conservation League
California Safe Schools
Healthy Children Organizing Project
Breast Cancer Fund
Learning Disabilities Association of California
Sierra Club California
Environmental Working Group
One Individual
AB 2516
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Analysis Prepared by : Caroll Mortensen / E.S. & T.M. / (916)
319-3965