Chemicals of concern: flame retardants.

(1) Existing law requires the Department of Toxic Substances Control to adopt regulations to establish a process by which chemicals or chemical ingredients in products may be identified and prioritized for consideration as being chemicals of concern and to adopt regulations to establish a process by which chemicals of concern may be evaluated. The regulations are required to specify actions that the department may take following the completion of the analysis. A violation of the hazardous waste control law is a crime. Existing law, the Home Furnishings and Thermal Insulation Act, administered by the Bureau of Electronic and Appliance Repair, Home Furnishings, and Thermal Insulation, imposes specified flame retardant requirements. This bill would require the department to include, as a chemical under consideration as being a chemical of concern, any chemical that is used, or is proposed to be used, as a flame retardant, as defined, in accordance with those regulations and the review process established by the department. The bill would prohibit a person from using a new flame retardant in the manufacture of, or otherwise in connection with, any upholstered furniture, bedding and filling materials, until the department has considered and determined whether the new flame retardant is a chemical of concern. The bill would require the department and the bureau, in consultation with any other state agencies and interdepartmental workgroups, to jointly evaluate the current technical bulletins issued by the bureau and determine whether appropriate changes to those bulletins are warranted. The bill would require a person to use a flame retardant in accordance with the regulatory responses adopted by the department. By creating new prohibitions, the violation of which would be a crime, this bill would impose a state-mandated local program. (2) 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 no reimbursement is required by this act for a specified reason.