5135-S AMH DOGL H2955.1
SSB 5135 - H AMD TO ENVI COMM AMD (H-2702.2/19) 722
By Representative Doglio
ADOPTED 04/15/2019
On page 2, after line 27, insert the following:
"(14) "Electronic product" includes personal computers, audio and video equipment, calculators, wireless phones, game consoles, and handheld devices incorporating a video screen that are used to access interactive software, and the peripherals associated with such products.
(15) "Inaccessible electronic component" means a part or component of an electronic product that is located inside and entirely enclosed within another material and is not capable of coming out of the product or being accessed during any reasonably foreseeable use or abuse of the product."
On page 5, after line 19, insert the following:
"(6) For an electronic product identified by the department as a priority consumer product under this section, the department may not make a regulatory determination under section 4 of this act to restrict or require the disclosure of a priority chemical in an inaccessible electronic component of the electronic product."
On page 6, beginning on line 8, after "(b)(i)" strike all material through "(iii)" on line 13
Renumber the remaining subsection consecutively and correct any internal references accordingly.
On page 6, line 17, after "(4)" insert "When determining regulatory actions under this section, the department may consider, in addition to the criteria pertaining to the selection of priority chemicals and priority consumer products that are specified in sections 2 and 3 of this act, whether:
(a) The priority chemical or members of a class of priority chemicals are functionally necessary in the priority consumer product; and
(b) A restriction would be consistent with regulatory actions taken by another state or nation on a priority chemical or members of a class of priority chemicals in a product.
(5)"
EFFECT: (1) Prohibits the Department of Ecology (Department) from restricting or requiring disclosure of inaccessible electronic components of electronic products identified as priority consumer products by the Department.
(2) Changes the standard by which the Department may restrict a priority chemical in a priority consumer product to require that safer alternatives are feasible and available, and that the restriction is either necessary to protect sensitive species or populations or will reduce a significant source of or use of a priority chemical.
(3) Authorizes the Department to consider for purposes of determining regulatory actions, in addition to the criteria used for the selection of priority chemicals and priority consumer products, whether: (a) The priority chemical or members of a class of chemicals are functionally necessary in a consumer product; and (b) restrictions would be consistent with regulatory actions taken by other states or nations.
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