Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Environment Committee

HB 1596

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Requiring manufacturers of electronics to report the presence of high priority chemicals under the children's safe products act.

Sponsors: Representatives Doglio, Fitzgibbon, McBride, Stanford, Peterson, Farrell, Kagi, Senn, Ryu, Sullivan, Gregerson, Hudgins, Pollet, Jinkins and Tarleton.

Brief Summary of Bill

  • Adds electronic products and children's electronic products to the scope of products for which annual reporting to the Department of Ecology is required if the product or a product component contains chemicals of high concern for children.

Hearing Date: 1/31/17

Staff: Jacob Lipson (786-7196).

Background:

In 2008 the Legislature passed the Children's Safe Products Act (CSPA), which limits levels of cadmium, lead, and phthalates in children's products that are manufactured, sold, or distributed in Washington. Beginning July 1, 2017, the CSPA also restricts the use of certain flame retardant chemicals in children's products and residential upholstered furniture. Children's products under the CSPA are defined to exclude consumer or children's electronic products, including personal computers, audio and video equipment, calculators, wireless phones, game consoles, and other electronic equipment.

The CSPA also requires the Department of Ecology (ECY), in consultation with the Department of Health, to identify high priority chemicals of high concern for children (CHCC) using several criteria. By rule, the ECY has adopted a list of 66 CHCCs. The ECY's administrative rules allow the addition or removal of a chemical from the CHCC list upon the ECY's adoption of a supplementary rule to add or remove the particular chemical from the CHCC list.

The CSPA requires manufacturers of children's products containing these identified CHCCs to annually report information about the use of the chemicals to the ECY. The annual notice filed with the ECY must include:

Manufacturers in violation of restrictions on the use of chemicals regulated under the CSPA, or in violation of reporting requirements associated with the use of chemicals on the CHCC list, are subject to fines of up to $5,000 for initial violations and up to $10,000 for subsequent violations. The ECY is responsible for implementing, administering, and enforcing the provisions of the CSPA.

Summary of Bill:

Beginning January 1, 2018, manufacturers of consumer or children's electronics products, including personal computers, audio and video equipment, calculators, wireless phones, game consoles, and other electronic equipment, are required to report annually to the Department of Ecology if their products or components of their products contain a CHCC.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.