Bill Text: CA AB1059 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Product safety: consumer products: textile fiberglass and covered flame retardant chemicals.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-10-08 - Chaptered by Secretary of State - Chapter 461, Statutes of 2023. [AB1059 Detail]
Download: California-2023-AB1059-Amended.html
NOYES
Local Program:
NOYES
Section 19101. Sections 19101 and 19101.5.SECTION 1. Article 6 (commencing with Section 108670) is added to Chapter 5 of Part 3 of Division 104 of the Health and Safety Code , to read: 6. Consumer Products Containing Fiberglass 108670.
Bill Title: Product safety: consumer products: textile fiberglass and covered flame retardant chemicals.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-10-08 - Chaptered by Secretary of State - Chapter 461, Statutes of 2023. [AB1059 Detail]
Download: California-2023-AB1059-Amended.html
|
Amended
IN
Assembly
April 10, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1059
| Introduced by Assembly Member Friedman |
February 15, 2023 |
An act to add Article 6 (commencing with Section 108670) to Chapter 5 of Part 3 of Division 104 of the Health and Safety amend Sections 19101 and 19103 of, and to add Section 19101.5 to, the Business and Professions Code, relating to product safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 1059, as amended, Friedman.
Product safety: consumer products: fiberglass. fiberglass and covered flame retardant chemicals.
Existing law, the Home Furnishings and Thermal Insulation Act, establishes the Bureau of Household Goods and Services to license and regulate persons engaged in businesses relating to upholstered furniture, bedding and filling materials, and insulation, including juvenile products and mattresses. A violation of the act is a misdemeanor.
Existing law prohibits a person from selling or distributing in commerce in this state any new, not previously owned juvenile products, mattresses, or upholstered furniture that contains covered flame retardant chemicals at specified levels, and prohibits a custom upholsterer from repairing, reupholstering, recovering,
restoring, or renewing upholstered or reupholstered furniture using replacement components that contain covered flame retardant chemicals at specified levels. Existing law exempts from those requirements components of adult mattresses other than foam.
This bill would make that exemption inoperative on January 1, 2027.
Existing law requires the bureau to provide the Department of Toxic Substances Control with samples from products regulated under the act to test for compliance with the provisions limiting the amount of covered flame retardant chemicals in specified products regulated under the act. Existing law authorizes the bureau to assess a fine if the department’s testing shows a violation of that provision or if a person continues to sell or distribute products in commerce in this state belonging to the same
stock keeping unit as noncompliant products, as specified. Existing law requires the bureau to take specified other actions in that regard, including posting citations issued on the bureau’s internet website and receiving complaints from consumers concerning juvenile products, upholstered furniture, or reupholstered furniture regulated under the act.
This bill would, on and after January 1, 2027, prohibit a person from manufacturing, selling, offering, or distributing in commerce in the state any new, not previously owned juvenile product, mattress, or upholstered furniture that contains, or a constituent component of which contains, fiberglass. The bill would, on and after January 1, 2027, prohibit a custom upholsterer from repairing, reupholstering, recovering, restoring, or renewing any mattress, juvenile product, upholstered furniture, or reupholstered furniture using a replacement component that contains, or a constituent component of which contains,
fiberglass. The bill would make the above-specified provisions requiring the department to test samples applicable to testing for fiberglass and for the bureau to take specified actions in that regard.
Because the bill would expand the scope of a crime under the act, the bill would impose a state-mandated local program.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law prohibits a person, including a manufacturer, from selling or distributing in commerce in this state any new, not previously owned, juvenile product, as defined, that contains regulated perfluoroalkyl and polyfluoroalkyl substances, as defined.
This bill would prohibit a person, including a manufacturer, from selling or distributing in commerce in this state any new juvenile product, as defined, mattress, or upholstered furniture that contains, or a constituent component of which contains, fiberglass. The bill would prohibit a custom upholsterer from repairing, reupholstering, recovering, restoring, or renewing any mattress, juvenile product, upholstered furniture, or reupholstered furniture using a replacement component that contains, or a constituent component of which contains, fiberglass.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 19101 of the Business and Professions Code is amended to read:19101.
(a) On or after January 1, 2020, a person, including a manufacturer, shall not sell or distribute in commerce in this state any new, not previously owned juvenile products, mattresses, or upholstered furniture that contains, or a constituent component of which contains, covered flame retardant chemicals at levels above 1,000 parts per million.(b) On or after January 1, 2020, a custom upholsterer shall not repair, reupholster, recover, restore, or renew upholstered furniture or reupholstered furniture using replacement components that contain covered flame retardant chemicals at levels above 1,000 parts per million.
(c) The prohibitions in subdivisions (a) and (b) do not apply to the following:
(1) Electronic components of juvenile products, mattresses, reupholstered furniture, upholstered furniture, or any associated casing for those electronic components.
(2) Upholstered or reupholstered furniture components other than those identified in paragraph (1) of subdivision (a) of Section 19094.
(3) Thread or fiber when used for stitching mattress components together.
(4) Components Until January 1, 2027, components of adult mattresses other than foam. As used in this paragraph, “adult mattresses” means mattresses other than toddler mattresses, crib mattresses,
and other infant sleep products.
SEC. 2.
Section 19101.5 is added to the Business and Professions Code, to read:19101.5.
(a) On and after January 1, 2027, a person, including, but not limited to, a manufacturer, retailer, importer, or online seller, shall not manufacture, sell, offer, or distribute in commerce in this state any new, not previously owned juvenile product, mattress, or upholstered furniture that contains, or a constituent component of which contains, fiberglass.(b) On and after January 1, 2027, a custom upholsterer shall not repair, reupholster, recover, restore, or renew any mattress, juvenile product, upholstered furniture, or reupholstered furniture using a replacement component that contains, or a constituent component of which contains, fiberglass.
(c) For purposes of this
section, “fiberglass” means textile yarns whose composition includes one or more continuous glass filaments in a form suitable for knitting, weaving, or otherwise intertwining to form a textile fabric, but excludes the following:
(1) Thread or fiber when used for stitching mattress components together.
(2) Yarns in which the glass filaments are corespun or sheathed by another fiber.
SEC. 3.
Section 19103 of the Business and Professions Code is amended to read:19103.
(a) The bureau shall enforce and ensure compliance with(b) (1) The bureau shall provide the Department of Toxic Substances Control with a selection of samples from products regulated under this article to test for compliance with Section 19101. Sections 19101 and 19101.5. The bureau shall select samples based on
consultation with the Department of Toxic Substances Control, taking into account a range of manufacturers and types of products regulated under this article. The bureau shall integrate these testing requirements into the existing testing program described in subdivision (c) of Section 19094.
(2) (A) If the Department of Toxic Substances Control’s testing shows that any reupholstered furniture or new, not previously owned juvenile products, mattresses, or upholstered furniture is in violation of Section 19101, Sections 19101 and 19101.5, the bureau may assess fines for violations against manufacturers of the product for the violation. The bureau shall reimburse the Department of Toxic Substances Control for the cost of testing for the
presence of covered flame retardant chemicals pursuant to this article.
(B) If a person continues to sell or distribute products in commerce in this state belonging to the same stock keeping unit (SKU) as products that do not comply with Section 19101, Sections 19101 and 19101.5, after notice of the violation is posted on the bureau’s Internet Web site, internet website, the bureau may assess fines against the person for the continued sale or distribution of those products. The bureau shall make information about any citation issued pursuant to this section available
to the public on its Internet Web site,
internet website, and shall develop a process for keeping interested persons informed about updates to notices of violation posted on the bureau’s Internet Web site. internet website.
(c) A fine for a violation of this section shall be assessed in accordance with the following schedule:
(1) The fine for the first violation shall be not less than one thousand dollars ($1,000), but not more than two thousand five hundred dollars ($2,500).
(2) The fine for the second violation shall be not less than two thousand five hundred dollars ($2,500), but not more than five thousand dollars
($5,000).
(3) The fine for the third violation shall be not less than five thousand dollars ($5,000), but not more than seven thousand five hundred dollars ($7,500).
(4) The fine for any subsequent violation shall be not less than seven thousand five hundred dollars ($7,500), but not more than ten thousand dollars ($10,000).
(d) In determining the amount of the fine for a violation of this section, the bureau shall consider the following factors:
(1) The nature and severity of the violation.
(2) The good or bad faith of the cited person.
(3) The history of previous violations.
(4) Evidence that the violation was willful.
(5) The extent to which the cited person or entity has cooperated with the bureau.
(e) (1) The bureau shall adjust all minimum and maximum fines imposed by this section for inflation every five years.
(2) The adjustment shall be equivalent to the percentage, if any, that the Consumer Price Index at the time of adjustment exceeds the Consumer Price Index at the time this section goes into effect. Any increase determined under this paragraph shall be rounded as follows:
(A) In multiples of ten dollars ($10) in the case of penalties less than or equal to one hundred dollars ($100).
(B) In multiples of one hundred dollars ($100) in the case of penalties greater than one hundred dollars ($100), but less than or equal to one thousand dollars ($1,000).
(C) In multiples of one thousand dollars ($1,000) in the case of penalties greater than one thousand dollars ($1,000).
(f) The bureau shall receive complaints from consumers concerning products regulated by this article sold in this state.
SEC. 4.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.(a)For purposes of this section, “juvenile product” has the same meaning as in Section 108945.
(b)A person, including, but not limited to, a manufacturer, shall not sell or distribute in commerce in this state any new juvenile product, mattress, or upholstered furniture that contains, or a constituent component of which contains, fiberglass.
(c)A custom upholsterer shall not repair, reupholster, recover, restore, or renew any mattress, juvenile product, upholstered furniture, or reupholstered furniture using a replacement component that contains, or a constituent component of which contains, fiberglass.
