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Rep. Elaine Nekritz
Filed: 4/12/2005
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09400HB2572ham002 |
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LRB094 11168 RXD 45073 a |
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| AMENDMENT TO HOUSE BILL 2572
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| AMENDMENT NO. ______. Amend House Bill 2572, AS AMENDED, by |
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| replacing everything after the enacting clause with the |
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| following:
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| "Section 1. Short title. This Act may be cited as the |
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| Brominated Fire Retardant Prevention Act. |
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| Section 5. Legislative findings. |
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| (a) Chemicals known as brominated flame retardants (BFR's) |
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| are widely used in the United States. To meet stringent fire |
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| standards, manufacturers add BFR's to a multitude of products, |
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| including plastic housing of electronics and computers, |
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| circuit boards, and the foam and textiles used in furniture. |
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| (b) Polybrominated diphenyl ether (PBDE), which is a |
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| subcategory of BFR's, has increased forty-fold in human breast |
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| milk since the 1970s. |
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| (c) PBDE has the potential to disrupt thyroid hormone |
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| balance and contribute to a variety of developmental deficits, |
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| including low intelligence and learning disabilities. PBDE may |
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| also have the potential to cause cancer. |
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| (d) Substantial efforts to eliminate BFR's from products |
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| have been made throughout the world, including private and |
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| public sectors. These efforts have made available numerous |
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| alternatives safe to human health while meeting stringent fire |
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| standards. To meet market demand, it is in the interest of |
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09400HB2572ham002 |
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LRB094 11168 RXD 45073 a |
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| State manufacturers to eliminate the use of BFR's. |
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| (e) In order to protect the public health and the |
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| environment, the General Assembly believes it is necessary for |
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| the State to develop a precautionary approach regarding the |
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| production, use, storage, and disposal of products containing |
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| brominated fire retardants. |
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| Section 10. Definitions. In this Act: |
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| "DecaBDE" means decabromodiphenyl ether. |
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| "OctaBDE" means octabromodiphenyl ether. |
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| "PBDE" means polybrominated diphenyl ether. |
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| "PentaBDE" means pentabromodiphenyl ether. |
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| Section 15. Regulation of brominated flame retardant. |
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| (a) Effective January 1, 2006, a person may not |
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| manufacture, process, or distribute in commerce a product or a |
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| flame-retarded part of a product containing more than one-tenth |
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| of 1% of pentaBDE or octaBDE. |
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| (b) Subsection (a) of this Section does not apply to the |
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| following:
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| (1) The sale by a business, charity, or private party |
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| of any used product containing PBDE. |
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| (2) The distribution in commerce of original equipment |
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| manufacturer replacement service parts manufactured prior |
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| to the effective date of this Act. |
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| (3) The processing of recycled material containing |
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| pentaBDE or octaBDE in compliance with applicable State and |
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| federal laws.
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| Section 20. Penalty. A person who violates Section 15 of |
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| this Act is guilty of a business offense and upon conviction |
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| shall be subject to a fine of not less than $10,000 and not |
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| more than $25,000 for each violation.
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09400HB2572ham002 |
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LRB094 11168 RXD 45073 a |
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| Section 25. DecaBDE Study. By January 2, 2006, the Illinois |
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| Environmental Protection Agency, shall submit to the General |
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| Assembly and the Governor a report that reviews the latest |
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| available scientific research to address the following issues: |
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| (1) whether decaBDE is bio-accumulating in humans and |
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| the environment, and if so, whether the levels of decaBDE |
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| are increasing, decreasing, or staying the same; |
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| (2) how are humans exposed to decaBDE; |
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| (3) what health effects could result from exposure to |
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| decaBDE, and are current levels of exposure at levels that |
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| could produce these effects; |
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| (4) whether decaBDE breaks down into more harmful |
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| chemicals that could damage public health; and |
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| (5) whether effective flame retardants are available |
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| for decaBDE uses, and whether the use of available |
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| alternatives reduce health risks while still maintaining |
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| an adequate level of flame retardant performance.
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| Section 30. Review of decaBDE study. By February 28, 2006, |
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| the Illinois Department of Public Health, shall submit to the |
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| General Assembly and the Governor a report that reviews the |
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| Illinois Environmental Protection Agency's decaBDE study. In |
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| addition to a review of any public health implications the |
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| Department of Public Health believes would result from exposure |
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| to decaBDE, it shall also comment on the following: |
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| (1) the known exposure pathways for humans to decaBDE; |
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| (2) what scientific evidence exists to demonstrate |
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| that decaBDE breaks down into other chemicals that could |
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| pose public health concerns; and |
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| (3) what research and analysis exists on the potential |
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| human health effects of flame retardants that could be used |
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| as alternatives to decaBDE. |
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| Section 35. Transportation of products containing PBDEs. |