HB1421ham001 95TH GENERAL ASSEMBLY

Environmental Health Committee

Filed: 3/20/2007

09500HB1421ham001 LRB095 09000 LCT 34007 a

AMENDMENT TO HOUSE BILL 1421

AMENDMENT NO. ______. Amend House Bill 1421 by replacing everything after the enacting clause with the following:

"Section 5. The Brominated Fire Retardant Prevention Act is amended by changing Sections 1, 5, 10, and 15 and by adding Sections 17 and 19 as follows:

(410 ILCS 48/1)

Sec. 1. Short title. This Act may be cited as the Toxic Brominated Fire Retardant Prevention Act.

(Source: P.A. 94-100, eff. 7-1-05.)

(410 ILCS 48/5)

Sec. 5. Legislative findings.

(a) Chemicals known as brominated flame retardants (BFR's) are widely used in the United States. To meet stringent fire standards, manufacturers add BFR's to a multitude of products, including plastic housing of electronics and computers, circuit boards, and the foam and textiles used in furniture.

(b) Polybrominated diphenyl ether (PBDE), which is a subcategory of BFR's, has increased forty-fold in human breast milk since the 1970s.

(c) PBDE has the potential to disrupt thyroid hormone balance and contribute to a variety of developmental deficits, including low intelligence and learning disabilities. PBDE may also have the potential to cause cancer.

(d) Substantial efforts to eliminate PBDE BFR's from products have been made throughout the world, including private and public sectors. These efforts have made available numerous alternative flame retardants that meet alternatives safe to human health while meeting stringent fire standards. To meet market demand, it is in the interest of State manufacturers to eliminate the use of PBDE BFR's.

(e) In order to protect the public health and the environment, the General Assembly believes it is necessary for the State to develop a precautionary approach regarding the production, use, storage, and disposal of products containing brominated fire retardants.

(Source: P.A. 94-100, eff. 7-1-05.)

(410 ILCS 48/10)

Sec. 10. Definitions. In this Act:

"Agency" means the Illinois Environmental Protection Agency.

"Brominated flame retardant" and "BFR" mean any chemical containing the element bromine that may be added to a plastic, foam, or textile to inhibit flame formation.

"DecaBDE" means decabromodiphenyl ether.

"OctaBDE" means octabromodiphenyl ether.

"PBDE" means polybrominated diphenyl ether.

"PentaBDE" means pentabromodiphenyl ether.

(Source: P.A. 94-100, eff. 7-1-05.)

(410 ILCS 48/15)

Sec. 15. Regulation of brominated flame retardant.

(a) Effective January 1, 2006, a person may not manufacture, process, or distribute in commerce a product or a flame-retarded part of a product containing more than one-tenth of 1% of pentaBDE or octaBDE.

(b) Subsection (a) of this Section does not apply to the following:

(1) The sale by a business, charity, or private party of any used product containing PBDE.

(2) The distribution in commerce of original equipment manufacturer replacement service parts manufactured prior to the effective date of this Act.

(3) The processing of recycled material containing pentaBDE or octaBDE in compliance with applicable State and federal laws.

(c) Beginning January 1, 2008, a person may not manufacture, process, or knowingly sell, offer for sale, distribute for sale, or distribute for use a mattress, mattress pad, an article of furniture, or any other product intended for indoor residential use if the product has a textile component containing decaBDE.

(d) Beginning January 1, 2011, a person may not manufacture, process, or knowingly sell, offer for sale, distribute for sale, or distribute for use a television, computer, or other electronic device if the exterior casing of the devices contains decaBDE.

(e) Subsections (c) and (d) of this Section do not apply to the following:

(1) Any sale of any used product that contains decaBDE.

(2) The processing of recycled material containing decaBDE in compliance with applicable State and federal laws.

(3) Vehicles used for transportation or products or parts used in such vehicles.

(4) Medical devices used to help diagnose, care, treat, or prevent a disease or other health concern.

(Source: P.A. 94-100, eff. 7-1-05.)

(410 ILCS 48/17 new)

Sec. 17. Manufacturer responsibilities.

(a) A manufacturer of a product restricted under subsection (c) of Section 15 of this Act must notify persons that sell or distribute the manufacturer's product of the requirements of this Act no later than 90 days prior to the effective date of the restriction.

(b) A manufacturer of a product restricted under subsection (d) of Section 15 of this Act must notify persons that sell or distribute the manufacturer's product of the requirements of this Act no later than January 1, 2008.

(c) Effective January 1, 2010, a person who manufactures a product or product component that contains decaBDE and is not regulated under subsection (d) of Section 15 of this Act must provide written notice to the Agency in accordance with this subsection. A product or a component of a product containing decaBDE may not be knowingly offered for final sale, use, or distribution after the effective date of this subsection unless the notice has been provided to the Agency. A trade association representing manufacturers of products may act to fulfill the responsibilities of individual manufacturers under this subsection. The notice must include the following information on a form provided by the Agency:

(1) a brief description of the product or product component;

(2) the amount of decaBDE in each unit of the product or product component, reported as an exact number, as an average per product or component with an upper or lower limit, or as falling within a range approved by the Agency;

(3) the total amount of decaBDE in all units of the product or product components sold in the United States during the most recent calendar year for which sales figures are available, reported either for the units or components sold by the manufacturer or as aggregated by a manufacturer trade association for all units of the product or components made by the industry; and

(4) the name and address of the manufacturer and the name, address, and phone number of a contact person for the manufacturer.

(d) With the approval of the Agency, the manufacturer may supply the information required in this Section for a product category rather than an individual product. The manufacturer shall update and revise the information in the notification whenever there is significant change in the information or when requested by the Agency. The information required under item (3) of subsection (c) of this Section must be updated and provided to the Agency every 3 years.

(e) Notwithstanding item (2) of subsection (c) of this Section, the manufacturer of a product containing one or more components containing decaBDE is not required to include information on the amount of decaBDE in the component in the notice to the Agency, if the component manufacturer has provided that information to the Agency and the manufacturer of the product that contains the component identifies the component and component manufacturer in the notice.

(f) An importer of a product or product component from a foreign country may not sell, use, or distribute the product or product component in the State unless the manufacturer of the product or product component is in compliance with this Section, except that this prohibition does not apply to retailers for whom importing is not a primary business.

(410 ILCS 48/19 new)

Sec. 19. Interstate clearinghouse. The Agency may participate in the establishment and implementation of a regional, multistate clearinghouse to assist in carrying out the requirements of this Act and to help coordinate education and outreach activities, review hazard and alternatives assessments, and any other activities related to the administration of this Act. The Agency may provide the interstate clearinghouse with product information submitted to the Agency under Section 17 of this Act and the Agency and the interstate clearinghouse may compile or publish analyses or summaries of the information.

Section 99. Effective date. This Act takes effect upon becoming law.".