BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                                 THIRD READING


          Bill No:  SB 1212
          Author:   Leno (D)
          Amended:  5/28/10
          Vote:     21

           
           SENATE ENV. QUALITY COMMITTEE  :  4-2, 4/19/10
          AYES:  Simitian, Corbett, Hancock, Pavley
          NOES:  Runner, Strickland
          NO VOTE RECORDED:  Lowenthal


           SUBJECT  :    Cell phones:  specific absorption rate  
          disclosure

           SOURCE  :     Environmental Working Group


           DIGEST  :    This bill requires specific language relating to  
          the specific absorption rate (SAR), to be included at the  
          point of sale on the Internet Web site of a phone service  
          provider or manufacturer, on the exterior packaging, and in  
          the instruction manuals of cellular telephone devices that  
          are sold in the State of California.

           Senate Floor Amendments  of 5/28/10 (1) require the SAR  
          specified disclosure statement requirement to apply only to  
          phone service providers' and manufacturers' Internet Web  
          sites, and not to a physical retail location; (2) revise  
          related legislative intent; and (3) make technical and  
          clarifying changes.

           ANALYSIS  :    Existing federal law requires the Federal  
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          Communication Commission (FCC) to regulate the cellular  
          phone industry, radio and other media related fields.

          This bill enacts the Cellular Telephone Devices Law that:

          1.Defines "cellular phone device," "hands-free device," and  
            "Specific Absorption Rate."

          2.Requires the SAR specified disclosure statement to be  
            prominently displayed by the seller immediately adjacent  
            to the displayed purchase price.  This provision applies  
            only to phone service providers' and manufacturers'  
            Internet Web sites and not to a physical retail location.  
             

            The SAR statement shall be clearly printed as follows:

            "This device emits radiofrequency energy.  The federal  
            specific absorption rate (SAR:  a measure of  
            radiofrequency energy) limit is ___.  This device emits a  
            maximum of ___."

          3.Requires the manufacturer to list the maximum SAR for  
            hands-free devices, used with cell phones as reported to  
            the Federal Communication Commission (FCC).

          4.Requires the following phrase be printed on the exterior  
            of the package of all cell phone devices sold in  
            California:

            "This device emits radiofrequency energy.  The federal  
            specific absorption rate (SAR:  a measure of  
            radiofrequency energy) limit is ___.  This device emits a  
            maximum of ___."

          5.Requires that the maximum SAR value, as reported to the  
            FCC by the manufacturer, for each mode of use of the cell  
            phone be printed in the instruction manual provided with  
            the phone as follows:

            "This device emits radiofrequency energy.  The federal  
            specific absorption rate (SAR:  a measure of  
            radiofrequency energy) limit is ___.  When used in mode  
            ___ this device emits a maximum of ___ per 1 gram of  







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            tissue when held at the head and a maximum of ___ per 1  
            gram of tissue when attached to the body."

           Background
           
           Cellular phones and radiofrequency  .  When you receive a  
          call on your wireless telephone, the message travels  
          through the telephone network until it reaches a base  
          station close to your wireless phone.  Then the base  
          station sends out radio waves that are detected by a  
          receiver in your telephone, where the signals are changed  
          back into the sound of a voice.

          The human body absorbs some of those radio frequency waves.  
           The level of radiation emitted from a cell phone and  
          absorbed by the human brain and body is called the Specific  
          Absorption Rate (SAR).  The SAR values range in cell phones  
          from 0.2 to 1.6 W/kg (watts of energy absorbed per kilogram  
          of body weight).

           The FCC wireless regulations  .  Since 1996, the FCC has  
          required that all wireless communications devices sold in  
          the United States meet minimum guidelines for safe human  
          exposure to radio frequency (RF) energy.  The FCC relies on  
          the expertise of the Food and Drug Administration (FDA) and  
          other federal health, safety and environmental agencies to  
          help determine safe levels for human exposure to RF energy.  
           In adopting its guidelines for RF exposure, the FCC  
          considered opinions from these agencies as well as limits  
          recommended by two non-profit, expert organizations, the  
          Institute of Electrical and Electronics Engineers, and the  
          National Council on Radiation Protection and Measurements.

          The FCC's guidelines specify exposure limits for hand-held  
          wireless devices in terms of the Specific Absorption Rate  
          (SAR).  The SAR is a measure of the rate that RF energy is  
          absorbed by the body.  For exposure to RF energy from  
          wireless devices, the allowable FCC SAR limit is 1.6 watts  
          per kilogram (W/kg), as averaged over one gram of tissue.

          The FCC approves all wireless devices sold in the US.  If  
          the FCC determines that exposure from an approved wireless  
          device exceeds its guidelines, it can withdraw its  
          approval.  In addition, if the FDA determines that RF  







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          exposure from a device is hazardous, it can require the  
          manufacturer of the device to notify users of the health  
          hazard and to repair, replace, or recall the device.

          Several U.S. government agencies and international  
          organizations work cooperatively to monitor the health  
          effects of RF exposure.  According to the FDA, to date the  
          weight of scientific evidence has not linked exposure to  
          radio frequency energy from mobile devices with any health  
          problems.  Finally, the World Health Organization has  
          established an International Electromagnetic Fields Project  
          to provide information on health risks, establish research  
          needs, and support efforts to harmonize RF exposure  
          standards.

          Recent reports by some health and safety interest groups  
          have suggested that wireless device use can be linked to  
          cancer and other illnesses.  These questions have become  
          more pressing as more and younger people are using the  
          devices, and for longer periods of time.  According to the  
          FCC, no scientific evidence currently establishes a  
          definite link between wireless device use and cancer or  
          other illnesses, but almost all parties debating the risks  
          of using wireless devices agree that more and longer-term  
          studies are needed.  After listening to several expert  
          witnesses, a U.S. Senate committee recently came to this  
          same conclusion.

          The FCC holds that even though no scientific evidence  
          currently establishes a definite link between wireless  
          device use and cancer or other illnesses, some parties  
          recommend taking the precautions to reduce RF exposure and  
          the FCC posts those precautions on its website.

           Cell Phone Radio Frequency Studies  .  The body of scientific  
          evidence to date does not show an association between radio  
          frequency from cell phones and health outcomes.  However,  
          recently published peer-reviewed studies suggest that  
          long-term heavy use of cell phones may lead to an increased  
          incidence of brain and salivary glad tumors as well as  
          other health impacts.

          The positions of the FDA, the FCC, the Center for Disease  
          Control and Prevention, and the National Cancer Institute  







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          are that the weight of the current scientific evidence has  
          not conclusively linked cell phones with health problems.   
          However, additional data is needed.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  6/1/10)

          Environmental Working Group (source) 
          Breast Cancer Fund
          California Nurses Association
          Consumer Federation of California

           OPPOSITION  :    (Verified  6/1/10)

          AT&T
          CalChamber
          California Grocers Association
          California Manufacturers and Technology Association
          Connect, Consumer Electronics Association
          Consumer Electronics Retailers Coalition
          Cricket
          CVS Pharmacy
          Motorola
          Qualcomm
          Sprint
          T Mobile
          Tech Net
          TechAmerica
          Verizon Wireless

           ARGUMENTS IN SUPPORT  :    According to the proponents, more  
          than four million people around the globe use cellular  
          phones.  But, worldwide, government agencies, public health  
          experts, and university researchers have raised concerns  
          about possible effects of cell phone radiation on human  
          health.  While the scientific evidence is not conclusive  
          and more research is needed, several major studies now link  
          cell phone use to cancer and other adverse health effects.

          Questions around potential health effects and the adequacy  
          of current U.S. standards are significant enough to warrant  
          basic precautionary measures that allow consumers to make  







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          informed purchasing decisions.  This bill does not require  
          any kind of warning label on cell phones; rather it would  
          simply require retailers to disclose cell phone radiation  
          levels at the point-of-sale, and require manufacturers to  
          print this information on the box and in the user guide.   
          It also contains similar requirements for headsets that  
          emit radiation.

          Proponents state that, the U.S. government standards are  
          outdated and provide only a slim margin of safety.  The FCC  
          standard was set 14 years ago and was based on potential  
          acute rather than long-term health effects.  It allows 20  
          times more radiation to penetrate any individual body part  
          compared to the whole body exposure and has not been  
          updated since adopted.  The latest research shows that the  
          brain of a 5-8 year old child absorbs twice the amount of  
          radiation compared to an adult brain, but this was not  
          accounted for by the FCC when the standard was set.

          Proponents contend that while data gaps clearly remain and  
          more research needs to be conducted on the safety of cell  
          phone radiation, the questions are potential health effects  
          and the adequacy of current standards are significant  
          enough to warrant some type of precautionary action.  At a  
          minimum, consumers should be provided with cell phone  
          radiation values at the point of sale so that they can make  
          informed purchasing choices.

           ARGUMENTS IN OPPOSITION  :    According to the opponents,  
          this bill is "misguided, unnecessary and constitutes a de  
          facto unwarranted warning label that would burden  
          California retailers with additional regulations and  
          significant costs and will lead to substantial consumer  
          confusion."

          Opponents state that this bill is unnecessary as federal  
          standards already ensure wireless consumer safety,  
          incorporating a fifty-fold safety factor designed to  
          provide for safe exposure levels for all segments of the  
          population.

          Opponents also state that this bill ignores the reality  
          that the weight of scientific evidence has concluded that  
          the current FCC standards adequately protect cell phone  







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          consumers from potential adverse effects from radio  
          frequency emissions.

          Finally, opponents state that this bill is federally  
          preempted.  Any attempt by state governments to regulate  
          radiofrequenty emissions from wireless devices on the basis  
          of alleged safety concerns is preempted by federal law;  
          states simply have no authority to act in this area since  
          the federal government completely occupies the field of  
          regulating standards of radiofrequency emissions.  
           

          TSM:nl  6/1/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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