SECTIONS 41985-41986

41985.  The Legislature finds and declares all of the following: (a) Ozone is a harmful air pollutant and lung irritant that hasserious health impacts at current levels in outdoor air. The stateboard has determined that each year exposure to ozone results insignificant numbers of premature deaths, hospitalizations due torespiratory and cardiac illnesses, emergency room visits for asthmafor children under 18 years of age, school absences, and restrictedactivity days. (b) Ozone exposure poses a serious health hazard, whether exposureis from outdoor or indoor sources. (c) Research has demonstrated that long-term exposure to ozone maypermanently damage lung tissue and reduce a person's breathingability. (d) According to recent studies, ozone-generating air cleaningdevices have produced harmful levels of ozone indoors, up to threetimes the state outdoor air quality standard of 90 parts per billionwithin an hour or two of operation. (e) Ozone is not an effective cleaner for indoor air when operatedat levels that are safe for human occupation. Independent studiescited by the United States Environmental Protection Agency and theConsumers Union have shown that ozone-generating air cleaning devicesdo not destroy microbes or reduce indoor air pollutants effectivelyenough to provide any measurable health benefits. (f) The state board, the State Department of Health Services, andother governmental agencies have issued warnings to advise the publicnot to use devices that are specifically designed to generate ozoneindoors and advertised or marketed as air cleaning devices. (g) Ozone emitted from indoor air cleaning devices poses anunnecessary risk to public health, and, therefore, it is the intentof the Legislature that the state board establish regulations topromote improved public health by restricting ozone emissionsgenerated by these devices.41985.5.  For purposes of this article, the following terms have thefollowing meanings: (a) "Federal ozone emissions limit for air cleaning devices" meansthe level of generation of ozone above which the device would beconsidered adulterated or misbranded pursuant to Section 801.415 ofTitle 21 of the Code of Federal Regulations, specifically thegeneration of ozone at a level in excess of 0.05 part per million byvolume of air circulating through the device or causing anaccumulation of ozone in excess of 0.05 part per million by volume ofair when measured under standard conditions at 25 degrees Celsius(77 degrees Fahrenheit) and 760 millimeters of mercury in theatmosphere of enclosed space intended to be occupied by people forextended periods of time. (b) "Medical device" means "device" as defined in subsection (h)of Section 321 of Title 21 of the United States Code.41986.  (a) On or before December 31, 2008, the state board shalldevelop and adopt regulations, consistent with federal law, toprotect public health from ozone emitted by indoor air cleaningdevices, including both medical and nonmedical devices, used inoccupied spaces. (b) The regulations shall include all of the following elements: (1) An emission concentration standard for ozone emissions that isequivalent to the federal ozone emissions limit for air cleaningdevices. (2) Testing procedures for manufacturers to utilize to determineozone emissions from devices. In developing the procedures, the stateboard shall consider existing and proposed testing methods,including, but not limited to, those developed by the AmericanNational Standards Institute and Underwriters Laboratory. (3) Certification procedures that enable the state board to verifythat an indoor air cleaning device meets the emission concentrationstandard for ozone emissions using the testing procedures adopted bythe state board. (4) (A) Package labeling requirements that indicate that an indoorair cleaning device is certified as meeting the emissionconcentration standard for ozone emissions. (B) The state board shall consider recommendations of affectedindustries and the public in developing the labeling requirements. (C) The label for an indoor air cleaning device that is not amedical device shall include the following statement: "This aircleaner complies with the federal ozone emissions limit." (D) The label for an indoor air cleaning device that is a medicaldevice shall be labeled in compliance with federal law, includingSection 801.415 of Title 21 of the Code of Federal Regulations. (c) The regulations may include any or all of the followingelements: (1) A ban on the sale of air cleaning devices that exceed theemission concentration standard for ozone emissions from indoor aircleaning devices adopted by the state board. (2) Procedures for authorizing independent laboratories or otherapproved certification organizations to verify products as meetingthe emission concentration standard for ozone emissions from indoorair cleaning devices adopted by the state board. Any authorizationshall ensure that verification shall be conducted consistent with thetesting procedures adopted by the state board. (3) An exemption for indoor air cleaning devices that, by design,emit de minimis levels of ozone during their operation, as determinedby the state board. (4) Any other element the state board determines to be necessaryto protect the public health from emissions of ozone from indoor aircleaning devices that exceed the emission concentration standard forozone emissions from air cleaning devices and are used in occupiedspaces. (d) Devices verified by the state board or the United States Foodand Drug Administration as meeting the emission concentrationstandard for ozone emissions from indoor air cleaning devices and thelabeling requirements adopted by the state board shall not besubject to further regulatory requirements for ozone pursuant to thisarticle. (e) It is the intent of the Legislature that this section beinterpreted and applied in a manner that is consistent with federallaw. The regulations adopted by the state board pursuant to thissection shall be consistent with federal law. The state board may, tothe extent a waiver is required, seek a preemption waiver from thefederal government to authorize the state board to adopt regulationsthat are more stringent than federal law.