BILL NUMBER: SB 47 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 25, 2015
INTRODUCED BY Senator Hill
DECEMBER 17, 2014
An act to add Article 3 (commencing with Section 115810) to
Chapter 4 of Part 10 of Division 104 of, and to repeal Section 115812
of, the Health and Safety Code, and to amend Section
Sections 42872 and 42873 of the Public Resources
Code, relating to environmental health.
LEGISLATIVE COUNSEL'S DIGEST
SB 47, as amended, Hill. Environmental health: synthetic turf.
Existing law regulates certain behavior related to recreational
activities and public safety, including, among other things,
playgrounds and wooden playground equipment.
This bill would require the Office of Environmental Health Hazard
Assessment, by July 1, 2017, in consultation with the Department of
Resources Recycling and Recovery, the State Department of Public
Health, and the Department of Toxic Substances Control, to prepare
and provide to the Legislature and post on the office's Internet Web
site a study analyzing synthetic turf, as defined, for potential
adverse health impacts. The bill would require the study to include
certain information, including a hazard analysis of
individual, synergistic, and cumulative exposures
exposure to the chemicals that may be found in synthetic turf,
as provided. The bill would prohibit a public or private school or
local government, until January 1, 2018, from installing, or
contracting for the installation of, a new field or playground
surface made from synthetic turf within the boundaries of a public or
private school or public recreational park, as provided
unless 3 specified conditions are met, including that
the public or private school or local government has obtained at
least one estimate from a company that does not use crumb rubber in
its turf field and playground products, as provided .
The California Tire Recycling Act (act) requires a person who
purchases a new tire to pay a California tire fee, for deposit in the
California Tire Recycling Management Fund, for expenditure by the
department, upon appropriation by the Legislature, for programs
related to the disposal of waste tires including the awarding of
grants . The act specifies that the activities eligible for
funding include the manufacture of specified products made from used
tires.
The bill would include the above study as one of the acceptable
activities eligible for this funding. The bill would also
authorize the awarding of grants to businesses that produce crumb
rubber from waste tires for purposes of helping the businesses find
alternative markets other than fields and playgrounds for their
products. The bill would prohibit the awarding under this program of
grants, subsidies, rebates, loans, or any other types of funding to
businesses or other enterprises, to public or private
schools, or to local governments for purposes of offsetting the cost
of manufacturing or installing synthetic turf.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 3 (commencing with Section 115810) is added to
Chapter 4 of Part 10 of Division 104 of the Health and Safety Code,
to read:
Article 3. The Children's Safe Playground and Turf Field Act
of 2015
115810. For purposes of this article, "synthetic turf" means any
composition material that contains recycled crumb rubber from waste
tires and is used to cover or surface a field or playground.
115811. (a) By July 1, 2017, the Office of Environmental Health
Hazard Assessment, in consultation with the Department of Resources
Recycling and Recovery, the State Department of Public Health, and
the Department of Toxic Substances Control, shall prepare and provide
to the Legislature and post on the office's Internet Web site a
study analyzing synthetic turf for potential adverse health impacts.
(b) The study shall include all of the following:
(1) A hazard analysis of individual, synergistic, and
cumulative exposures exposure to the
chemicals that may be found in synthetic turf, such as
4-t-octylphenol, acetone, arsenic, barium, benzene, benzothiazole,
butylated hydroxyanisole, cadmium, carbon black, chloroethane,
chromium, lead, manganese, matex, mercury, methyl ethyl ketone,
methyl isobutyl ketone, n-hexadecane, naphthalene, nickel, nylon,
phenol, phthalates, polycyclic aromatic hydrocarbons, and zinc.
(2) A specific analysis evaluating An
analysis that considers the varying exposure activities,
environments, duration of play, ages of different populations who
play on synthetic turf, and exposure pathways, including whether
chemicals found in tires have negative impacts on human health when
used in indoor and outdoor fields and parks with various weather
exposures and potentially ingested by children or coming in contact
with children's bodies.
(3) Biomonitoring or other exposure monitoring of children or
adults exposed to synthetic turf to be used to assess their exposure
to chemicals found in the synthetic turf, to the extent feasible, to
determine potential health impacts on children and other age groups.
(4) An examination of the potential for fields and playgrounds
containing synthetic turf to cause adverse health impacts, including,
but not limited to, non-Hodgkin lymphoma, testicular cancer,
prostate cancer, sarcoma cancer, and leukemia. This examination shall
include people who have developed these health impacts and played on
fields and playgrounds containing used tires, including, but not
limited to, soccer goalies.
(5) An examination of the health impacts associated with synthetic
turf fields and playgrounds of varying age.
(6) An evaluation of the differences in the manufacturers
manufacturing of synthetic turf and different
turf, field, and playground products, including those that do not use
recycled tires, and how these differences may affect health impacts.
The evaluation shall include, but not be limited to, the types and
age of tires used, the tire processing, and the type of plasticizer,
backing material, adhesives, and plastic blades of artificial grass
used to make the final synthetic turf product.
(7) An evaluation of the differences, in terms of health impacts,
between crumb rubber and alternative surface materials
fields and playgrounds covered with synthetic turf and
nonsynthetic turf , including , but not limited to,
fields made from coconut fibers, rice husks, cork, sand,
and used shoes.
(8) A review of current research on the health impacts of
synthetic turf done by authoritative bodies from around the country
and the world.
(9) Research to fill any data gaps, such as those data gaps
identified by the report prepared by the Office of Environmental
Health Hazard Assessment on behalf of the Department of Resources
Recycling and Recovery titled "Safety Study of Artificial Turf
Containing Crumb Rubber Infill Made From Recycled Tires: Measurements
of Chemicals and Particulates in the Air, Bacteria in the Turf, and
Skin Abrasions Caused by Contact with the Surface."
(10) An examination of the health impacts of exposures to many low
level volatile organic compounds and polycyclic aromatic
hydrocarbons found in synthetic turf fields and playgrounds.
(11) An analysis that compares the temperatures on synthetic turf,
nonwaste tire turf, and grass turf during the high-temperature
periods in the summer. This analysis shall include a health impact
analysis including, but not limited to, heat stress, heat illness,
and other heat-related health issues.
(c) At least 20 A
representative sample of synthetic turf fields and
playgrounds around the state shall be analyzed for purposes of the
study.
(d) (1) A study submitted to the Legislature pursuant to
subdivision (a) shall be submitted in compliance with Section 9795 of
the Government Code.
(2) The requirement for submitting a study to the Legislature
imposed pursuant to subdivision (a) is inoperative on July 1, 2021,
pursuant to Section 10231.5 of the Government Code.
115812. (a) (1) A public or private school or local government
shall not install, or contract for the installation of, a new field
or playground surface made from synthetic turf within the boundaries
of a public or private school or public recreational park.
park unless the following three conditions are met:
(A) The bid specification of the public or private school or local
government for the turf field or playground surface includes at
least one option that does not use crumb rubber from waste tires.
(B) The public or private school or local government has obtained
at least one estimate from a company that does not use crumb rubber
from waste tires in its turf field and playground products.
(C) The public or private school or local government has held a
public meeting regarding the installation of synthetic turf with an
opportunity for public comment.
(2) Paragraph (1) shall not apply to any installation of a field
or playground surface made from synthetic turf that commenced, or any
contract for such installation entered into, prior to January 1,
2016.
(3) Paragraph (1) shall not apply to any maintenance that is
needed on a synthetic turf field or playground in existence as of
January 1, 2016.
(b) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 2. Section 42872 of the Public
Resources Code is amended to read:
42872. (a) The tire recycling program may
include, but is not limited to, the following:
(a)
(1) The awarding of grants, subsidies, rebates, and
loans to businesses or other enterprises, and public entities,
involved in activities and applications that result in reduced
landfill disposal of used whole tires and reduced illegal disposal or
stockpiling of used whole tires.
(b)
(2) The awarding of grants for research aimed at
developing technologies or improving current activities and
applications that result in reduced landfill disposal of used whole
tires.
(c)
(3) The awarding of grants or loans for the evaluation,
planning, design, improvement, and implementation of alternative
used tire recycling programs in this state.
(d)
(4) The awarding of grants, subsidies, rebates, or
loans to businesses that shred used tires for purposes of recycling.
(e)
(5) Development and implementation of an information
and education program, including seminars and conferences, aimed at
promoting alternatives to the landfill disposal of used whole tires.
(f)
(6) The awarding of grants or loans to tire shredding
programs at authorized landfills, solid waste transfer stations, or
dedicated tire shredding facilities, including the direct purchase of
shredders or financing of shredder contracts.
(g)
(7) Development and implementation of a waste tire
incentive payment program to promote increased demand for waste tires
recycled in this state and to promote higher valued products.
(8) The awarding of grants to businesses that produce crumb rubber
from waste tires for purposes of helping the business to find
alternative markets other than fields and playgrounds for their
products.
(b) The tire recycling program shall not include the awarding of
grants, subsidies, rebates, loans, or any other types of funding to
businesses or other enterprises, to public or private schools, or to
local governments for purposes of offsetting the cost of
manufacturing or installing synthetic turf as that term is defined in
Section 115810 of the Health and Safety Code.
SEC. 2. SEC. 3. Section 42873 of the
Public Resources Code is amended to read:
42873. (a) Activities eligible for funding under this article,
that reduce, or that are designed to reduce or promote the reduction
of, landfill disposal of used whole tires, may include the following:
(1) Polymer treatment.
(2) Rubber reclaiming and crumb rubber production.
(3) Retreading.
(4) Shredding.
(5) The manufacture of products made from used tires, including,
but not limited to, all of the following:
(A) Rubberized asphalt, asphalt rubber, modified binders, and chip
seals.
(B) Playground equipment.
(C) Crash barriers.
(D) Erosion control materials.
(E) Nonslip floor and track surfacing.
(F) Oilspill Oil spill
recovery equipment.
(G) Roofing adhesives.
(H) Tire-derived aggregate applications, including lightweight
fill and vibration mitigation.
(I) Molded products.
(J) Products using recycling rubber and other materials, such as
plastic.
(K) Paint and coatings.
(6) Other environmentally safe applications or treatments
determined to be appropriate by the department.
(7) A study to analyze synthetic turf for potential adverse health
impacts, pursuant to Section 115811 of the Health and Safety Code.
(b) (1) The department shall not expend funds for an activity that
provides support or research for the incineration of tires. For the
purposes of this article, incineration of tires, includes, but is not
limited to, fuel feed system development, fuel sizing analysis, and
capacity and production optimization.
(2) Paragraph (1) does not affect the permitting or regulation of
facilities that engage in the incineration of tires.