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HomeMy WebLinkAboutCity Council Item No. 7CITY OF LAI,E fjLS1A0RE DREAM EICTREMEn REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: MARCH 24, 2009 SUBJECT: RESOLUTION OF SUPPORT FOR AN EXEMPTION TO THE CONSUMER PRODUCT SAFETY IMPROVEMENT ACT FOR THE OFF - HIGHWAY VEHICLE INDUSTRY Background The Consumer Product Safety Improvement Act ( CPSIA) was signed into law on August 14, 2008 with the goal of protecting children from harmful substances. Section 101 (a) of this law requires that all children's products meet new, stringent lead standards which has been determined to apply to existing inventories. This has significantly affected the off - highway vehicle industry. The City of Lake Elsinore has a number of businesses that sell off - highway vehicles and parts and numerous residents that use and own these types of vehicles. Both the off - vehicle industry and consumer are affected by these standards. Discussion The Consumer Product Safety Commission (CPSC) has interpreted the CPSIA to apply to engines, brakes, wheels, tires and suspension parts on off - highway vehicles. Because of this interpretation, the parts must be tested and meet the lead standards since children six years of age or older may be exposed to lead. The law allows for exclusions for inaccessible components and authorizes the CPSC to grant exemptions. To date, the CPSC has not granted exemptions for the off - highway vehicle industry. This has caused huge inventories of products which present no health risks to children to be rendered illegal for sale. Fiscal Impact There is no fiscal impact to the City related to the support of this resolution. Agenda Item No. 7 Page 1 of 6 Off - Highway Vehicle Resolution March 24, 2009 Page 2 Recommendation It is recommended that the City Council adopt the attached resolution supporting exemptions by the Consumer Product Safety Commission to the Consumer Product Safety Improvement Act as it applies to lead in inaccessible components of off - highway vehicles. Prepared and Approved by: Robert A. Brady City Manager Attachment Agenda Item No. 7 Page 2 of 6 DUNCAN HUNTER 52D DISTRICT, CALIFORNIA COMMITTEE ON ARMED SERVICES COMMITTEE ON EDUCATION AND LABOR U.5. Rouse of R pregentaaoeo 900hiltgt0n, INE 20515 -0552 March 2, 2009 Acting Chairman Nancy Nord Commissioner Thomas Moore Consumer Product Safety Commission 4330 East— West Highway Bethesda, MD 20814 Dear Chairman Nord and Commissioner Moore: 14H 1 ONGWORTH HOUSE OFFICE BUILDING WASHINGTON, OC20515 4552 GOZ.2L.2 FAX: 12021225-0295 IBIS CORDELL COURT. MAN ELCA OMCA9MW 16191L 5201 FAY: 16191 M42251 I am writing regarding the Consumer Product Safety Improvement Act (CPSIA) which was signed into law on August 14, 2008, after receiving broad support from both the House and Senate. As a father of three, I appreciate that this legislation was intended to improve the safety of our nation's consumers and I support the CPSIA's goal of protecting children from harmful substances. At the same time, however, I have significant concerns with the unintended consequences this legislation is having on my constituents. As you know, Section 101(a) of this legislation requires that all children's products meet new, stringent lead standards, the first of which took effect last month and the CPSC General Counsel has issued an opinion that these requirements apply to current inventories. While the CPSIA's lead content provisions provide a significant step in protecting children from products that present a lead risk, manufacturers and distributors have been actively seeking guidance from the CPSC regarding the requirements of the law and available exemptions. The existing lack of clarity currently impedes these industries from complying with the new law in a timely manner while, at the same time, incurring burdensome and unnecessary costs, including potentially devastating disruptions to their businesses. One sector particularly affected by these standards is the off highway vehicle industry. Under the CPSC's current interpretation of the CPSIA, engines, brakes, wheels, tires an d suspension parts on these vehicles must be tested and meet the lead standard due to remote concerns over lead exposure to children six years or older. While the law provides for some exclusions for inaccessible components and also authorizes the CPSC to grant exemptions under certain conditions, to date the CPSC has not taken this action for products in the off-highway vehicle industry. The CPSC has released several proposals addressing potential exclusions and specifying procedures it might follow to process exclusion requests from manufacturers and distributors. These notices, however, came too late to provide the necessary guidance for compliance by the February I& enforcement date. As a result, huge inventories of products which present no health risk to children have been rendered illegal, requiring then' removal from places of sale and the prohibition of future Agenda Item No. 7 Page 3 of 6 sales. This has occurred simply because exemptions have yet to be clarified. Creating such severe economic hardship to this sector of our economy, especially during a time of already unprecedented economic conditions, was certainly not the intent of Congress. My congressional district contains vast areas of public lands that host thousands of recreational off-highway vehicle users every year. This is a family recreation enjoyed by all ages and contributes significantly to the national, state and local economies. I strongly recommend the CPSC expedite consideration and graze the petition for temporary exclusions submitted by the snowmobile, ATV, and off - highway motorcycle industry that mirrors both the European Union standards and what was recently adopted by the CPSC for electronics. In doing so, I believe the CPSC would be engaging in a reasonable interpretation and implementation of the law. Thank you in advance for your attention to this issue and I look forward to hearing from you regarding this important matter. If you have any questions, or require additional information on how this situation is adversely affecting my district, please do not hesitate to contact me directly: With best wishes. DH/mrh Agenda Item No. 7 Page 4 of 6 Member of Congress CITY OF ^r4eSc,,R, LADE ' W LSIlYO E DREAM EXTREME ru REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: MARCH 24, 2009 SUBJECT: NATIONAL DONATE LIFE PROCLAMATION Discussion The City was asked to acknowledge April as National Donate Life Month with a proclamation signed by the mayor. The proclamation will be mailed upon approval. Recommendation Approve the proclamation for mailing to Donate Life. Prepared by: Approved by: Jessica GuzmaRq%9 Office Specialist Robert A. Brady t City Manager Agenda Item No. 8 Page 1 of 2 CITY OF ins LADE LSINORE - �% - u DREAM EXTREME ®.. WHEREAS, organ, tissue, marrow and blood donations are life - giving acts recognized worldwide as expressions of compassion to those in need; and WHEREAS, more than 100,000 individuals nationwide and more than 20,000 in California are currently on the national organ transplant waiting list; and WHEREAS, more than 600, 000 units of blood per year are needed to meet the need in California; and WHEREAS, a single individual's donation of the heart, lungs, liver, kidneys, pancreas and small intestine can save up to eight lives; donation of tissue can save and heal the lives of up to fifty others; and a single blood donation can help three people in need; and WHEREAS, California residents can sign up with the Donate Life California Registry when applying for or renewing their driver's licenses or ID cards at the California Department of Motor Vehicles; and WHEREAS, nearly five million Californians have signed up with the state - authorized Donate Life California Registry to ensure their wishes to be organ and tissue donors are honored. Millions of lives each year are saved and healed by donors of organs, tissues, marrow and blood. Now, therefore, the Mayor and City Council of the City of Lake Elsinore, this 24 day of March 2009, do hereby proclaim the month of April 2009 as "DMV/Donate Life California Month" and encourage residents to check "YES! " when renewing or applying for their driver's license or I.D. card, or by signing up at www. donateLIFEcalifornia.org. ROBERT E. MAGEE MAYOR Agenda Item No. 8' P age o