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SB-1308 Ozone: indoor air cleaning devices.(2023-2024)



Current Version: 06/11/24 - Amended Assembly

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SB1308:v97#DOCUMENT

Amended  IN  Assembly  June 11, 2024
Amended  IN  Senate  March 18, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1308

Introduced by Senator Gonzalez

February 15, 2024

An act to amend Sections 41985.5 and 41986 of the Health and Safety Code, relating to air pollution.


LEGISLATIVE COUNSEL'S DIGEST


SB 1308, as amended, Gonzalez. Ozone: indoor air cleaning devices.
Existing law requires the State Air Resources Board to develop and adopt regulations, consistent with federal law, to protect the public health from ozone emitted by indoor air cleaning devices, including medical and nonmedical devices used in occupied spaces. Existing law requires those regulations to include, among other things, an emission concentration standard for ozone emissions that is equivalent to the federal ozone emissions limit for air cleaning devices. Existing law generally sets forth crimes and penalties for violations of air pollution laws and any rule, regulation, permit, or order of the state board.
This bill would instead require the state board, by July 1, 2026, or as soon as feasible, as provided, to include in these regulations an emission concentration standard for ozone emissions not greater than 0.005 parts per million, to the extent consistent with federal law, thereby imposing a more protective standard. The bill would require the regulations to include a ban on the sale or the offering for sale of devices that exceed that emissions limit, even if previously certified, after a date determined by the state board, unless the state board determines an exemption applies. The bill would also delete the limitation on the applicability of the regulations to only use in occupied spaces and would make other related changes. By expanding the scope of a crime, this 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 no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Asthma is a chronic lung disease prevalent in the state, with roughly 4 million adults and 1.2 million children diagnosed with asthma in the state.
(b) Asthma can be triggered by air pollutants as well as pollen, dust mites, animal dander, fragrances, and indoor chemicals.
(c) Children who live in communities with high ozone levels are more likely to develop asthma than children who live in areas with less ozone pollution.
(d) People with asthma are at a statistically significant elevated risk for an onset of other diseases, including coronary heart disease, chronic obstructive pulmonary disease, and diabetes. People with asthma also face a significantly higher risk for health issues if they become ill with influenza or coronavirus because those illnesses can lead to pneumonia and asthma attacks.
(e) As a result of wildfire smoke, the COVID-19 pandemic, and exposure to diesel and other air pollution, state and local agencies have provided air cleaners to low-income Californians, individuals with respiratory health complications, and communities burdened by outdoor air pollution near ports and other sources of pollution. Some of these air cleaners are mechanical with high-efficiency particulate absorbing (HEPA) air filters and others are electronic air cleaners.
(f) Updates to Medi-Cal, a program designed to offer health coverage to individuals living at or below federal poverty limits, allow for health plans to provide mechanical or electronic air cleaners to eligible patients with asthma pursuant to the Medi-Cal Community Supports Program known as Asthma Remediation.
(g) Ozone emissions are associated with inflammation of the respiratory tract, coughing, throat irritation, and increased frequency of asthma attacks, and can aggravate asthma, chronic bronchitis, and emphysema.
(h) Ozone can react with byproducts in the atmosphere to create other toxic chemicals, including formaldehyde and acetaldehyde, which are known carcinogens.
(i) The State Air Resources Board contracted with the University of California, Davis, to perform research on ozone emissions from indoor air cleaners and, on September 20, 2023, released a white paper report on the university’s findings. The findings recommend that the state further reduce ozone emissions from electronic air cleaners by changing the state’s current acceptable emission standard of less than 50 parts per billion to compliance with UL2998, UL 2998, a more stringent ozone emission standard. UL 2998 is an environmental claim validation number created by the Underwriters Laboratory that signifies that the amount of ozone being generated during use phase is below the maximum concentration limit for ozone of five parts per billion.
(j) The federal ozone emission standard for indoor air cleaners used as medical devices is set at 0.05 parts per million, a level in which ozone emissions can negatively affect an individual’s respiratory health and interact with other chemicals in the atmosphere, and is higher than the 0.005 parts per million recommended by new scientific research.

SEC. 2.

 Section 41985.5 of the Health and Safety Code is amended to read:

41985.5.
 For purposes of this article, “medical device” has the same meaning as “device,” as defined in Section 321(h)(1) of Title 21 of the United States Code.

SEC. 3.

 Section 41986 of the Health and Safety Code is amended to read:

41986.
 (a) The state board shall, by July 1, 2026, or as soon as feasible without requiring new resources, develop and adopt regulations, consistent with federal law, to protect public health from ozone emitted by indoor air cleaning devices, including medical and nonmedical devices.
(b) The regulations shall include all of the following elements:
(1) An emission concentration standard for ozone emissions not greater than 0.005 parts per million, to the extent consistent with federal law.
(2) A ban on the sale or the offering for sale in California of devices that exceed the emissions limit described in paragraph (1), even if previously certified, after a date determined by the state board, unless the state board determines an exemption applies.

(2)

(3) Testing procedures for manufacturers to utilize to determine ozone emissions from devices. In developing the procedures, the state board shall consider existing and proposed testing methods, including, but not limited to, those developed by the American National Standards Institute and Underwriters Laboratory.

(3)

(4) Certification procedures that enable the state board to verify that an indoor air cleaning device meets the emission concentration standard for ozone emissions using the testing procedures adopted by the state board.

(4)

(5) (A) Package labeling requirements that indicate that an indoor air cleaning device is certified as meeting the emission concentration standard for ozone emissions.
(B) The state board shall consider recommendations of affected industries and the public in developing the labeling requirements.
(c) The regulations may include any of the following elements:

(1)A ban on the sale of air cleaning devices that exceed the emission concentration standard for ozone emissions from indoor air cleaning devices adopted by the state board.

(2)

(1) Procedures for authorizing independent laboratories or other approved certification organizations to verify products as meeting the emission concentration standard for ozone emissions from indoor air cleaning devices adopted by the state board. An authorization shall ensure that verification is conducted consistent with the testing procedures adopted by the state board.

(3)

(2) An exemption for indoor air cleaning devices that, by design, emit de minimis levels of ozone during their operation, as determined by the state board.

(4)

(3) Other elements the state board determines to be necessary to protect the public health from emissions of ozone from indoor air cleaning devices that exceed the emission concentration standard for ozone emissions from air cleaning devices.
(d) Devices verified by the state board as meeting the emission concentration standard for ozone emissions from indoor air cleaning devices and the labeling requirements adopted by the state board shall not be subject to further regulatory requirements for ozone pursuant to this article.
(e) It is the intent of the Legislature that this section be interpreted and applied in a manner that is consistent with federal law. The regulations adopted by the state board pursuant to this section shall be consistent with federal law. The state board may, to the extent a waiver is required, seek a preemption waiver from the federal government to authorize the state board to adopt regulations that are more stringent than federal law.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.