Last year, Assemblyman Mark Leno (D-San Francisco)
sponsored a bill banning two types of toxic chemicals used as fire retardants in
foam padding in furniture. These chlorinated and brominated chemicals are linked
to cancer, birth defects and reproductive disorders; they migrate from furniture
to dust particles, are breathed in by children and pets, and are found in the
breast milk of nursing mothers. That bill, however, never reached Gov. Arnold
Schwarzenegger's desk, falling victim to election-year squabbling.
Now
Leno is trying again. This year's bill,
AB
706, doesn't ban brominated and chlorinated fire retardants outright, which
this page supported. Instead of wielding a legislative sledgehammer, Leno has
chosen a microscope -- proposing a process of chemical scrutiny rather than
prohibition. The revised bill would make the state responsible for analyzing the
toxicity of all chemicals used in products sold in California and ranking them
in terms of greatest concern. And the chemicals of most concern to Leno still
come in for special treatment. The bill directs the California Department of
Toxic Substances Control to start its analysis with chlorinated and brominated
fire retardants -- and gives the department discretion to prohibit the use of
specific chemicals.
The bill also updates the 30-year-old regulation that
created the need for fire retardants in foam. California has the most stringent
fire safety standards in the world, among them a requirement that foam padding
in furniture be able to resist an open flame for 12 seconds. But fires do not
spontaneously ignite inside sofas; they start with the fabric. And 90% of the
time, that's because a smoker forgot to put out a cigarette. AB 706 changes
California's "flame-to-foam" standard to a cigarette-resistance standard similar
to one recently enacted by the U.S. Consumer Product Safety Commission. The
federal law will take effect in 2010, but California doesn't have to wait to
change its law before it becomes obsolete.
Fire-related deaths in this
country have decreased over the years, but that mostly has to do with the
reduction in smoking, fire-retardant cigarettes and better alarm and sprinkler
systems. California is the only state with a flame-to-foam standard, and
although our fire mortality rates are low, other states, with no such standards,
have even lower rates. Leno's bill made sense before, and the revisions have
made it better. We hope it lands on the governor's desk and leaves it with his
signature.