Illinois General Assembly - Full Text of HB2572
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Full Text of HB2572  94th General Assembly


Rep. Elaine Nekritz

Filed: 4/12/2005





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2     AMENDMENT NO. ______. Amend House Bill 2572, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
5     "Section 1. Short title. This Act may be cited as the
6 Brominated Fire Retardant Prevention Act.
7     Section 5. Legislative findings.
8     (a) Chemicals known as brominated flame retardants (BFR's)
9 are widely used in the United States. To meet stringent fire
10 standards, manufacturers add BFR's to a multitude of products,
11 including plastic housing of electronics and computers,
12 circuit boards, and the foam and textiles used in furniture.
13     (b) Polybrominated diphenyl ether (PBDE), which is a
14 subcategory of BFR's, has increased forty-fold in human breast
15 milk since the 1970s.
16     (c) PBDE has the potential to disrupt thyroid hormone
17 balance and contribute to a variety of developmental deficits,
18 including low intelligence and learning disabilities. PBDE may
19 also have the potential to cause cancer.
20     (d) Substantial efforts to eliminate BFR's from products
21 have been made throughout the world, including private and
22 public sectors. These efforts have made available numerous
23 alternatives safe to human health while meeting stringent fire
24 standards. To meet market demand, it is in the interest of



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1 State manufacturers to eliminate the use of BFR's.
2     (e) In order to protect the public health and the
3 environment, the General Assembly believes it is necessary for
4 the State to develop a precautionary approach regarding the
5 production, use, storage, and disposal of products containing
6 brominated fire retardants.
7     Section 10. Definitions. In this Act:
8     "DecaBDE" means decabromodiphenyl ether.
9     "OctaBDE" means octabromodiphenyl ether.
10     "PBDE" means polybrominated diphenyl ether.
11     "PentaBDE" means pentabromodiphenyl ether.
12     Section 15. Regulation of brominated flame retardant.
13     (a) Effective January 1, 2006, a person may not
14 manufacture, process, or distribute in commerce a product or a
15 flame-retarded part of a product containing more than one-tenth
16 of 1% of pentaBDE or octaBDE.
17     (b) Subsection (a) of this Section does not apply to the
18 following:
19         (1) The sale by a business, charity, or private party
20     of any used product containing PBDE.
21         (2) The distribution in commerce of original equipment
22     manufacturer replacement service parts manufactured prior
23     to the effective date of this Act.
24         (3) The processing of recycled material containing
25     pentaBDE or octaBDE in compliance with applicable State and
26     federal laws.
27     Section 20. Penalty. A person who violates Section 15 of
28 this Act is guilty of a business offense and upon conviction
29 shall be subject to a fine of not less than $10,000 and not
30 more than $25,000 for each violation.



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1     Section 25. DecaBDE Study. By January 2, 2006, the Illinois
2 Environmental Protection Agency, shall submit to the General
3 Assembly and the Governor a report that reviews the latest
4 available scientific research to address the following issues:
5         (1) whether decaBDE is bio-accumulating in humans and
6     the environment, and if so, whether the levels of decaBDE
7     are increasing, decreasing, or staying the same;
8         (2) how are humans exposed to decaBDE;
9         (3) what health effects could result from exposure to
10     decaBDE, and are current levels of exposure at levels that
11     could produce these effects;
12         (4) whether decaBDE breaks down into more harmful
13     chemicals that could damage public health; and
14         (5) whether effective flame retardants are available
15     for decaBDE uses, and whether the use of available
16     alternatives reduce health risks while still maintaining
17     an adequate level of flame retardant performance.
18     Section 30. Review of decaBDE study. By February 28, 2006,
19 the Illinois Department of Public Health, shall submit to the
20 General Assembly and the Governor a report that reviews the
21 Illinois Environmental Protection Agency's decaBDE study. In
22 addition to a review of any public health implications the
23 Department of Public Health believes would result from exposure
24 to decaBDE, it shall also comment on the following:
25         (1) the known exposure pathways for humans to decaBDE;
26         (2) what scientific evidence exists to demonstrate
27     that decaBDE breaks down into other chemicals that could
28     pose public health concerns; and
29         (3) what research and analysis exists on the potential
30     human health effects of flame retardants that could be used
31     as alternatives to decaBDE.
32     Section 35. Transportation of products containing PBDEs.



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1 Nothing in this Act restricts a manufacturer, importer, or
2 distributor from transporting products containing PBDEs
3 through this State or storing PBDEs in this State for further
4 distribution.
5     Section 99. Effective date. This Act takes effect upon
6 becoming law.".