BILL REQ. #:  S-0944.1 

Read first time 01/26/2005.   Referred to Committee on Water, Energy & Environment.

     AN ACT Relating to brominated flame retardants; adding a new chapter to Title 70 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Brominated flame retardant" means any chemical containing the element bromine that may be added to a plastic, foam, or textile to inhibit flame formation. Brominated flame retardant includes, but is not limited to, a chemical or group of chemicals known as polybrominated biphenyls, polybrominated diphenyl ethers, tetrabromobisphenol-A, and hexabromocyclododecane.
     (2) "Department" means the department of ecology.
     (3) "Manufacturer" includes any person, firm, association, partnership, corporation, governmental entity, organization, or joint venture that produces a product containing polybrominated diphenyl ethers or an importer or domestic distributor of a product containing polybrominated diphenyl ethers.
     (4) "Polybrominated diphenyl ethers" means chemical forms that consist of diphenyl ethers bound with bromine atoms. Polybrominated diphenyl ethers include, but are not limited to, the three primary forms of the commercial mixtures known as pentabromodiphenylether (penta-bde), octabromodiphenylether (octa-bde), and decabromodiphenylether (deca-bde).
     (5) "Transportation vehicle" means any mechanized vehicle that is used to transport goods or people including, but not limited to, airplanes, automobiles, motorcycles, trucks, buses, trains, boats, ships, streetcars, or monorail cars.
     (6) "Used product" means any product that has been previously owned, purchased, or sold in retail commerce. "Used product" does not include any product manufactured after July 1, 2006.

NEW SECTION.  Sec. 2   (1) Except as provided in subsections (3) and (4) of this section, after July 1, 2006, no person may manufacture, sell, offer for sale, or distribute for sale or use in this state products containing polybrominated diphenyl ethers.
     (2) Except as provided in subsections (3) and (4) of this section, after January 1, 2006, a manufacturer of products containing polybrominated diphenyl ethers must notify persons that sell the manufacturer's products about the provisions of this section and how to properly dispose of any remaining inventory.
     (3) Subsections (1) and (2) of this section do not apply to:
     (a) The manufacture, sale, or distribution of any transportation vehicle with component parts containing decabromodiphenylether;
     (b) The sale by a business, charity, or private party of any used product containing polybrominated diphenyl ethers; or
     (c) The manufacture, sale, or distribution of any new product or product component consisting of recycled or used materials containing decabromodiphenylether. Products containing any new polybrominated diphenyl ethers do not qualify for this exemption.
     (4) A manufacturer or user of a decabromodiphenylether product may apply for an exemption for a specific use of decabromodiphenylether by filing a written petition with the department. An exemption may be granted for a term not to exceed three years and may be renewed upon written application if the department finds that the specific use of decabromodiphenylether continues to meet the criteria of this section and the manufacturer or other persons comply with the conditions of its original approval. The department may grant an exemption for a specified use of decabromodiphenylether with or without conditions upon finding that the petitioner has demonstrated that:
     (a) A technically feasible alternative to the use of decabromodiphenylether is not available at reasonable cost; or
     (b) The potential harm to public health and the environment directly posed by a technically feasible and available alternative is greater than the potential harm posed by decabromodiphenylether.
     (5) Nothing in this section restricts the ability of a manufacturer, importer, or distributor from transporting products containing polybrominated diphenyl ethers through the state, or storing such products in the state for later distribution outside the state.

NEW SECTION.  Sec. 3   (1) Subject to available funding, the department and the department of health shall conduct a stakeholder process to develop a proposal for a ban on the use of decabromodiphenylether in transportation vehicles, and a proposal for the ban or management of used and recycled products containing polybrominated diphenyl ethers. The stakeholder process shall include:
     (a) Establishing a timeline for a ban on the use of decabromodiphenylether in transportation vehicles based on an evaluation of the availability of safer alternatives;
     (b) An examination of problems related to the reuse and recycling of products containing polybrominated diphenyl ethers and methods of management or disposal that will result in the lowest potential for polybrominated diphenyl ethers entering the environment, the food chain, or a person's body; and
     (c) An examination of the issues and potential timeline for a requirement to label brominated flame retardants sold in Washington. The review shall include the type of information required on the label, including guidance on proper waste management of the product in accordance with state and federal law.
     (2) The department and the department of health shall report the findings and recommendations of the stakeholder process to the appropriate committees of the legislature by December 15, 2005. The preparation of the reports required in this subsection is subject to available funding.

NEW SECTION.  Sec. 4   (1) By January 1, 2006, the department of general administration shall:
     (a) Give priority and preference to the purchase of equipment, supplies, and other products that do not contain polybrominated diphenyl ethers; and
     (b) Make available for purchase and use by all state agencies only equipment, supplies, and other products that do not contain polybrominated diphenyl ethers.
     (2) The department of general administration shall, by January 1, 2006, revise its rules, policies, and guidelines to implement the purposes of this chapter.

NEW SECTION.  Sec. 5   A violation of this chapter is punishable by a civil penalty not to exceed one thousand dollars for each violation in the case of a first offense. Repeat violators are liable for a civil penalty not to exceed five thousand dollars for each repeat offense. Penalties collected under this section must be deposited in the state toxics control account created in RCW 70.105D.070.

NEW SECTION.  Sec. 6   Sections 1 through 5 of this act constitute a new chapter in Title 70 RCW.