ESHB 1024 -
By Senator Honeyford
NOT ADOPTED 04/03/2007
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Commercial decabromo diphenyl ether" or "commercial deca-bde"
means the chemical mixture of decabromo diphenyl ether, including
associated polybrominated diphenyl ether impurities not intentionally
added.
(2) "Department" means the department of ecology.
(3) "Electronic enclosure" means the plastic housing that encloses
the components of electronic products, including but not limited to
televisions and computers.
(4) "Manufacturer" means any person, firm, association,
partnership, corporation, governmental entity, organization, or joint
venture that produces a product containing polybrominated diphenyl
ethers. A manufacturer does not include a retailer who:
(a) Adds a private label brand or cobrands a product for sale; or
(b) Assembles components to create a single noncomestible product
based on an individual consumer preference.
(5) "Mattress" has the same meaning as defined by the United States
consumer product safety commission in 16 C.F.R. Part 1633 (2007) as it
existed on the effective date of this act, and includes mattress pads,
mattress sets, box springs, futons, crib mattresses, and youth
mattresses.
(6) "Medical device" means an instrument, machine, implant, or
diagnostic test used to help diagnose a disease or other condition or
to cure, treat, or prevent disease.
(7) "Polybrominated diphenyl ethers" or "PBDEs" 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 pentabromo
diphenyl ether (penta-bde), octabromo diphenyl ether (octa-bde), and
decabromo diphenyl ether (deca-bde).
(8) "Residential upholstered furniture" means residential seating
products intended for indoor use in a home or other dwelling intended
for residential occupancy that consists in whole or in part of
resilient cushioning materials enclosed within a covering consisting of
fabric or related materials, if the resilient cushioning materials are
sold with the item of upholstered furniture and the upholstered
furniture is constructed with a contiguous upholstered seat and back
that may include arms.
(9) "Safer and technically feasible alternative" means an
alternative that:
(a) Is available at a cost and in sufficient quantity to permit the
manufacturer or user to maintain an economically viable product;
(b) Provides a level of ignition resistance equivalent to or
greater than that provided by the product it is intended to replace;
(c) Has been found to have a lower toxicity profile and less
environmental impact than the product it is intended to replace.
NEW SECTION. Sec. 2 The department is authorized to adopt rules
prohibiting the use of polybrominated diphenyl ethers subject to the
conditions of this chapter.
NEW SECTION. Sec. 3 (1) The department and the department of
health shall review risk assessments, scientific studies, and other
relevant findings regarding alternatives to the use of commercial deca-bde in mattresses, residential upholstered furniture, televisions, and
computers.
(2) If the department and the department of health jointly find
that safer and technically feasible alternatives are available for any
of the uses under subsection (1) of this section, the department shall
convene the fire safety committee created in subsection (3) of this
section to determine if the identified alternatives meet applicable
fire safety standards.
(3) The fire safety committee is created for the exclusive purpose
of determining whether an alternative identified under subsection (2)
of this section meets applicable fire safety standards.
(a) A representative from the department shall chair the fire
safety committee and serve as an ex officio nonvoting member.
(b) A majority vote of the fire safety committee members
constitutes a finding that an alternative meets applicable fire safety
standards.
(c) The fire safety committee shall also include five voting
members, appointed by the governor, as follows:
(i) A representative of the office of the state director of fire
protection;
(ii) A representative of a statewide association representing the
interests of fire chiefs;
(iii) A representative of a statewide association representing the
interests of fire commissioners;
(iv) A representative of a statewide association representing the
interests of firefighters as defined in chapter 41.26 RCW; and
(v) A representative of a statewide association representing the
interests of volunteer firefighters.
(4) If a majority of the voting members of the fire safety
committee determines that an alternative identified under subsection
(2) of this section meets applicable fire safety standards, the
department shall seek public input on their findings, the findings of
the fire safety committee, and any evidence of the potential harm posed
by deca-bde. By December 15th of the year in which the finding is
made, the department must publish the information required by this
subsection in the Washington State Register and present it in a report
to the appropriate committees of the legislature.
(5) If the department adopts a rule to prohibit the use of
polybrominated diphenyl ethers pursuant to section 2 of this act, the
effective date of the prohibition shall be two years after the final
adoption of the rule.
(6) Before the effective date of the product prohibition, the
department shall prepare and distribute information to in-state
manufacturers and out-of-state manufacturers, to the maximum extent
practicable, to assist them in identifying products prohibited for
manufacture, sale, or distribution under this chapter.
NEW SECTION. Sec. 4 The department and the department of health
shall review risk assessments, scientific studies, and other relevant
findings regarding alternatives to the use of commercial deca-bde in
products not directly addressed in this chapter. If a flame retardant
that is safer and technically feasible becomes available, the
department shall convene the fire safety committee created in section
3 of this act. The fire safety committee shall proceed as required in
section 3(2) of this act to determine if the identified alternative
meets applicable fire safety standards. The department and the
department of health shall also review risk assessments, scientific
studies, and other findings regarding the potential effect of PBDEs in
the waste stream. By December 31st of the year in which the finding is
made, the department must publish the information required by this
section in the Washington State Register and present it in a report to
the appropriate committees of the legislature.
NEW SECTION. Sec. 5 (1) The department may issue a warning
letter to a manufacturer that produces, sells, or distributes
prohibited products in violation of this chapter. The department shall
offer information or other appropriate assistance to the manufacturer
in complying with this chapter. If, after one year, compliance is not
achieved, penalties may be assessed under subsection (2) of this
section.
(2) A manufacturer of products containing PBDEs in 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.
Manufacturers who are 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.l05D.070.
NEW SECTION. Sec. 6 The department shall adopt rules prohibiting
the use of pentabromo diphenyl ether and octabromo diphenyl ether with
appropriate exemptions to ensure continued public safety on or before
July 1, 2008.
NEW SECTION. Sec. 7 Sections 1 through 6 of this act constitute
a new chapter in Title
ESHB 1024 -
By Senator Honeyford
NOT ADOPTED 04/03/2007
On page 1, line 2 of the title, after "ethers;" strike the remainder of the title and insert "adding a new chapter to Title 70 RCW; and prescribing penalties."
EFFECT: Authorizes the Department of Ecology to adopt rules to prohibit PBDEs. The effective date of a prohibition cannot take place until two years after the rule is adopted. Ecology must adopt rules prohibiting the use of penta and octa-bdes with exemptions to ensure continued public safety by July 1, 2008. Prior to the prohibition, Ecology must prepare and distribute information to manufacturers to assist them in identifying prohibited products. Requires Ecology and DOH to review risk assessments, studies, and other relevant information for alternatives to deca for mattresses, TVs, computers, and residential upholstered furniture. If the departments determine a safer and technically feasible alternative exists, the fire safety committee must determine the alternative meets applicable fire safety standards. Ecology must seek public input on the findings and any potential harm posed by deca. Ecology must publish required information about alternatives in the Washington State Register. Ecology may issue warning letters to manufacturers in violation of this chapter. Ecology must offer assistance to manufacturers to help them comply. For manufacturers not in compliance after one year, a penalty of not more than $1000 may be assessed for each violation. For subsequent violations a manufacturer may be fined up to $5000 for each violation.