HB1421 95TH GENERAL ASSEMBLY

LRB095 09000 LCT 31693 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1421

Introduced 2/21/2007, by Rep. Elaine Nekritz

SYNOPSIS AS INTRODUCED:

410 ILCS 48/1
410 ILCS 48/5
410 ILCS 48/10
410 ILCS 48/15
410 ILCS 48/16 new
410 ILCS 48/17 new
410 ILCS 48/19 new
410 ILCS 48/33 new

Amends the Brominated Fire Retardant Prevention Act. Changes the short title of the Act to the Persistent Bioaccumulative Toxic Prevention Act. Defines "brominated flame retardant" and "Agency". Beginning January 1, 2008, prohibits a person from manufacturing, processing, selling, offering for sale, distributing for sale, or distributing 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. Provides that, beginning January 1, 2010, a person may distribute for not manufacture, process, sell, offer for sale, sale, or distribute for use a television, computer, or other electronic device if the exterior casing of the devices contains decaBDE. Sets out responsibilities of the Environmental Protection Agency and the manufacturers. Requires the Agency to report the listed information to the General Assembly and the Governor, no later than January 4, 2008, concerning brominated flame retardants. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning public safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Brominated Fire Retardant Prevention Act is amended by changing Sections 1, 5, 10, and 15 and by adding Sections 16, 17, 19, and 33 as follows:

(410 ILCS 48/1)

Sec. 1. Short title. This Act may be cited as the Persistent Bioaccumulative 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 BFR's from products have been made throughout the world, including private and public sectors. These efforts have made available numerous 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 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.

(f) DecaBDE undergoes global transport, is found in animals around the world, and bioconcentrates in food webs. It is degraded in the environment and metabolized in animals and humans to toxic congeners. Administration of decaBDE to intact animals results in toxic effects. DecaBDE therefore meets the definition of a persistent bioaccumulative toxic.

(g) It is important that the use of persistent bioaccumulative toxics be eliminated and replaced only with safer substitutes.

(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, 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, 2010, a person may not manufacture, process, sell, offer for sale, or 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.

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

(410 ILCS 48/16 new)

Sec. 16. Agency responsibilities.

(a) The Agency must develop a program to assist retailers in identifying potential products containing decaBDE in their inventory.

(b) The Agency shall assist State agencies to give priority and preference to the purchase of vehicles, equipment, supplies, and other products that do not contain PBDEs.

(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 containing any brominated flame retardant must provide written notice to the Agency in accordance with this subsection. A product or a component of a product containing any brominated flame retardant may not be 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 name and Chemical Abstract Services Number of each brominated flame retardant contained in the product or product component;

(3) the amount of each brominated flame retardant 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;

(4) the total amount of each brominated flame retardant 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

(5) 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 (4) of subsection (c) of this Section must be updated and provided to the Agency every 3 years.

(e) Notwithstanding item (3) of subsection (c) of this Section, the manufacturer of a product containing one or more components containing brominated flame retardants is not required to include information on the amount of brominated flame retardant 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.

(410 ILCS 48/33 new)

Sec. 33. Report.

(a) The Agency shall review the latest hazard, risk, and alternative assessments in connection with brominated flame retardants and relevant findings and rulings by the United States Environmental Protection Agency and the European Union. The Agency shall, no later than January 4, 2008, submit a report regarding brominated flame retardants to the General Assembly and the Governor.

(b) The report shall include:

(1) an assessment of the availability of safer alternative flame retardants for use in automobiles and other brominated flame retardant applications not restricted under this Act; and

(2) recommendations on actions that would further protect public health and the environment from brominated flame retardants.

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