California 2009-2010 Regular Session Status: Passed Senate

SB 1291 — Chemicals of concern: flame retardants.

Last action — Died on file.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(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.

Bill Text

Action History

  1. Died on file.

  2. Placed on inactive file on request of Senator Leno.

  3. (Ayes 36. Noes 0. Page 3795.)

  4. Reconsideration granted.

  5. Motion to reconsider made by Senator Leno.

  6. Read third time. Refused passage. (Ayes 20. Noes 13. Page 3795.)

  7. Read second time. Amended. To third reading.

  8. From committee: Do pass as amended. (Ayes 7. Noes 3. Page 3674.)

  9. (Suspense - for vote only.)

  10. Set for hearing May 27.

  11. Placed on APPR suspense file.

  12. Set for hearing May 10.

  13. Read second time. Amended. Re-referred to Com. on APPR.

  14. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 5. Noes 1. Page 3300.)

  15. Set for hearing April 19.

  16. Re-referred to Com. on EQ.

  17. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on RLS.

  18. To Com. on RLS.

  19. From print. May be acted upon on or after March 23.

  20. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Leno · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Leno

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Senate 3rd Reading SB1291 Leno Reconsider

Passed 37 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 34002
Democratic 2000
Republican 1000
Total 37002
% of votes cast 95%0%0%5%
How each member voted (39)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Cogdill — Yea
Florez — Yea
Harman — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Hollingsworth — Yea
Huff — Yea
Leno — Yea
Ashburn — Yea
Ducheny — Yea
Dutton — Yea
Liu — Yea
Oropeza — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wiggins — Yea
Wright — Yea
Aanestad — Not Voting
Alquist — Yea
Kehoe — Yea
McLeod — Yea
Pavley — Yea
Walters — Yea
Wolk — Yea
Wyland — Yea
Corbett — Yea
Correa — Yea
Cox — Not Voting
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Senate 3rd Reading SB1291 Leno

Failed 20 Yea · 14 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 191205
Democratic 1100
Republican 0100
Total 201405
% of votes cast 51%36%0%13%
How each member voted (39)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Wyland — Nay
Lowenthal — Yea
Cogdill — Nay
Negrete — Nay
Runner — Nay
Ducheny — Yea
Harman — Not Voting
Hollingsworth — Not Voting
Dutton — Nay
Huff — Nay
Leno — Yea
Liu — Yea
Oropeza — Yea
Pavley — Yea
Price — Not Voting
Romero — Yea
Steinberg — Yea
Walters — Nay
Wiggins — Yea
Wolk — Yea
Wright — Nay
Aanestad — Not Voting
Alquist — Yea
Ashburn — Nay
Kehoe — Yea
McLeod — Nay
Simitian — Yea
Corbett — Yea
Correa — Nay
Cox — Not Voting
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Nay
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 7 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7301
Total 7301
% of votes cast 64%27%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Nay
Corbett — Yea
Price — Yea
Alquist — Yea
Wolk — Yea
Kehoe — Yea
Leno — Yea
Walters — Nay
Cox — Not Voting
Denham — Nay

Official roll call →

Placed on Appropriations Suspense file.

Passed 9 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 9002
Total 9002
% of votes cast 82%0%0%18%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Yea
Leno — Yea
Wolk — Yea
Alquist — Yea
Kehoe — Yea
Price — Yea
Walters — Yea
Corbett — Not Voting
Cox — Yea
Denham — Not Voting

Official roll call →

Subjects

public-safety environment
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Frequently asked questions

What does SB 1291 do?
(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.
Who sponsors SB 1291?
SB 1291 is sponsored by Leno.
What is the current status of SB 1291?
This bill died with 2009-2010 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1291?
Track SB 1291 free on One Click Politics — get push/email alerts when it moves.

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