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Linda S, Adams Secretary fot
Department of Toxic Substances Control
Maureen F. Gorsen, Direotor 1001 "I" Street P.O, Box 806 Sacramento, California 95812·0806
The Honorable Mark Lena Member of the Assembly Room 2114, State Capitol Sacramento, California 95814 Dear Assembly Member Lena: I am writing to regretfully, inform you that the Department of Toxic Substances Control (DTSC) opposes your Assembly Bill (AB) 706 (amended June 25 2007). The bill would prohibit the manufacturing, processing, or distribution of products, or parts of products contaiping brominated fire retardants and chlorlnated fire retardants unless the brominated or chlorinated fire retardants are built directly into the molecular structure of the product,
DTSC appreciates the concerns the author is attempting to. address with AB 706, as with the legislation that enacted the currentpronlolnon on polybrominated diphenyl ethers'. DTSC has significant concerns, however; with wholesale chemical prohibitions and product bans such as this. As well intentioned as they are chemical prohibitions·and product bans can result in sijJnificant negative unintended consequences and present implementation and enforcement challenges that could negate or limit the intended benefits, Without a systematic method of ensuring that substitutes exist that do not pose the same risks or hazards as the chemical being prohlblted, and that perform the same beneficial function of those chemicals being prohibited, measures such as this can easily result in regrettable substitutions. Before proceeding with a prohibition on widely used chemicals such as brominated and chlorinated fire retardants, we must ensure that an evaluation of all of these important factors has been performed so that the result is a reasoned, science-based decision.
While AS 706, especially through some of its more recent amendments, appears to acknowledge these issues and attempts to address the concerns, DTSC strongly recommends that AS 706 be postponed until the Secretary for Environmental Protection has developed a comprehensive set of recommendations pursuant to the California Protection Agency's (Cal/EPA) Green Chemistry Initiative. As part of that Initiative, the Secretary has committed to providing a set of recommendations by July 1 2008 for
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The Honorable Mark Lena June 29,2007
Page 2 developing a consistent means for evaluating risk, reducing exposure, encouraging lesstoxic industrial processes and products, and identifying safer, non-chemical alternatives. Most importantly, the Green Chemistry Initiative will ensure a comprehensive and " collaborative approach to increase accountability and effectiveness of environmental programs across stateqovernrnent and transparency of decisions regarding the use of chemicals. ' "
While DTSC must oppose AB 706 at this time, I hope that you and your staff will participate in the Cal/EPA Green Chemistry efforts so that, toqether, we can develop effective solutions for the management of chemicals and chemical information in California. ,"
If you have any questions or I can be of any further assistance, please feel free to contact me at (916) 322~0504, or Mr. Rick Brausch, Legislative Director, at (916) 322-3902.
Ch rls Kahn" Legislative Affairs Secretary Governor's Office " State Capitol Building Sacramento, California 95814
The Honorable Mark Leno June 29, 2007 Page 3
Dan Skopec Undersecretary California Environmental Protection Agency P.o. Box 2815 Sacramento, California. 95812-2815 Patty Zwarts Assistant Secretary for Legislation California Environmental Protection Agency P.O. Box 2815 Sacramento, California 95812-2815 Rick Brausch Daputy Directorfor Legislation . Office of Legislative and Regulatory Policy Department of Toxic Substances Control . P.O. Box.8oS Sacramento, California 95812-0806
August 15, 2008
DIVISION OF LEGISLATIVE AND POLICY REVIEW 1625 North Market Blvd., Suite 8-204, Sacramento, CA 95834
p 916~574-7800 F 916-574~8655
The Honorable Mark Leno California State Assembly State Capitol Building, P.O, Box 942849 Sacramento, CA 94249-0013
RE: AB 706 (Lena): OPPOSE
Dear Assembly Member Leno: The Department of Consumer Affairs (Department) must respectfully OPPOSE your bHI, AB 706, which would, among other things, require the repeal of the Bureau of Home Furnishings and Thermal Insulation (8ureau)'s Technical Bulletin 117 and replace it with the cigarette ignition resistance standard ASTM E1353-0Ba and require all chemicals used to meet the fire retardancy standard to first be certified by the Department of Toxic Substances Control (DTSC), While the Department appreciates the intent of the bill, we are concerned that it will result in a step backwards in comparison to the existing furniture fire safety standards in California, as the Bureau has rejected ASTM E1353-08a as being inadequate. The Department also has concerns over the alternative assessment requirements of this bill as it would require DTSC to use factors other then a chemical'S performance as a fire retardant to certify chemicals that would be used as fire retardants. Additionally, the bill appears to require the Bureau to test products for the presence of chemicals. The Bureau does not have expertise in this area, and this requirement would impose a significant new workload for the Bureau. Finally, this bill also authorizes the Legislature to appropriate Bureau funds to DTSC to pay for the implementation cost of the alternative assessment, which the Department views as an inappropriate use of licensee fees and potentially an insufficient source of revenue.
Should you have any questions regarding our position, please contact me at 574-7800.
LAURAZUN;~ Deputy Director Olvlslon of Legislative and Policy Review
Chris Kahn, Legislative Secretary, Office of the Governor Greg Hurner, Deputy Secretary, Legislation, State and Consumer Services Agency
Division of LegIslative and Policy R.evlew 1625 North Market Blvd.. SUira $-204, Sacramellto. CA 95834 P 916-574.7800 F 916-574-6855 I 'MW/,dca,ca.gov
The Honorable Mark Leno California State Senate State Capitol, Room 4061 Sacramento, CA 95814
RE: SB 772 (Leno), As
Amended May 5, 2009 - OPPOSE
Dear Senator Lena: The Department of Consumer Affairs (Department) must respectfully take an OPPOSE position on your bill, sa 772, which would exempt juvenile beddingproduct$ and juvenile seating furniture from complying with fire retardant regulations set by the Bureau of Home Furnishings and Thermal Insulation (BHFTI), unless BHFTI determines a juvenile product poses a serious fire hazard. Part of the Department's mission is to promote consumer protection through safe and reliable fire standards. The Department has not been presented with evidence that the juvenile bedding products and juvenile seating furniture covered under this bill do not
pose a fire hazard,
Should you have any questions regarding our position, please contact me at 574-7800. Sincerely, '~~ BRIAN WARREN Acting Legislative Manager Division of Legislative and Policy Review
Michael Prosio, Leg is/ative Secretary, Office of the Governor Laura Zuniga, Deputy Secretary, State and Consumer Services Agency
Office of Environmental
Health Hazard Assessment
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July 10,2007 The Honorable Mark Lena Member of the Assembly Room 2114, State Capitol Sacramento, CA 95814 Dear Assemblymember Lena: I regret to inform you that the Office of Environmental Health Hazard Assessment (OEHHA) opposes Assembly Bill 706 (as amended on June 25, 2007). The bill would, beginning January 1,2010, require the Bureau of Rome Furnishings and Thermal Insulation to modify its standards for prescribed bedding products sold or offered for sale in California, including, but not limited to, requiring that they not contain brorninated fire retardants (BFRs) or chlorinated fire retardants (CFRs) unless the BFRs or CFRs are built directly into the molecular structure of the
product. As the science arm oftl)Q California Envirorunental Protection Agency, OEHHA's core mission
is the evaluation of health impacts of chemical exposures. OEHHA is opposed to AB 706 because it would impose a blanket one-size-fits-all restriction on two entire classes of chemicals, regardless of whether individual chemicals in those classes are safe or not. Additionally, the bill does not require an evaluation of alternatives to determine Whether they are safe, and therefore the bill cannot ensure that substitute flame retardants will be safer than the chemicals that it would prohibit from use in bedding products. While we may disagree on the approach of this bill, I appreciate your commitment to the environment and public health, If you have any questions. or need clarification, please call me at (916) 322-6325, or Sam Delson, Deputy Director for External and Legislative Affairs, at (916) 324-0955.
Joan E, Denton, PhD. Director
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Honorable Mark Leno July 10, 2007 Page 2
Legislative Affairs Secretary
Governor's Office State Capitol Building Sacramento, CA 95814 Linda Adams Secretary California Environmental Protection Agency
r.o. Box 2815
Sacramento, California 95812-2815 Patty Zwarts Assistant Secretary for Legislation California Environmental Protection Agency P,O. Box 2815 Sacramento, California 95812-2815 Sam Delson Deputy Director for External and Legislative Affairs California Environmental Protection Agency Office ofEnviromnental Health Hazard Assessment
P,O, Box 4010
Sacramento, California 95812-4010
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