2009-10 Introduced PBDE Bills &
Enacted Laws, Executive Orders
Compiled by the National Caucus of Environmental Legislators as of 7/6/09
(Most summaries are from the actual bill posted on the legislative websites.)
2009-2010 Legislation Introduced
State
Connecticut
Hawaii
Illinois
Maryland
Michigan
Bill #
Summary
HB5477/SB919 Phases out the sale or distribution of products containing the penta or octa
mixtures of PBDE in the state by January 1, 2011, and to phase out the
*
manufacture and sale of computers, televisions, furniture, textiles or mattresses
containing the deca mixture of PBDE by January 1, 2012.
Prohibits the manufacture, sale, and distribution of televisions, computers,
HB799*
furniture,
mattresses,
and
mattress
pads
containing
commercial
SB814*
decabromodiphenylether after 6/30/10. Requires DOH to report to legislature
prior to 2008 regular session. SB814 prohibits the manufacture, processing, or
distribution of products containing more than trace amounts of PBDE by 1/1/11.
Beginning January 1, 2011, a person may not manufacture, process, or knowingly
HB373*
sell, offer for sale, distribute for sale, or distribute for use any of the following:
(1) 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; or (2) A television, computer, or other electronic device if the exterior
casing of the devices contains decaBDE. Exempts certain items. Provides that the
state agency may participate in the establishment and implementation of a
regional, multistate clearinghouse to assist in carrying out the requirements of the
Act and to help coordinate education and outreach activities, review hazard and
alternatives assessments, and any other activities related to the administration of
the Act.
The bill adds deca- to existing bans on penta- and octa-BDE. Deca ban would
HB14*
begin in 2010. Provides exemptions for transportation and original equipment
SB184*
replacement parts.
HB 4699 would phase-out a toxic flame retardant (Deca-BDE) in mattresses,
HB4699*
residential furniture, televisions, and computers.
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Status
Failed to pass
Failed to pass
In Committee
3/19/09
Failed to pass
Introduced
3/25/09
Minnesota
HF607*
Bill would ban deca in mattresses, mattress pads, household furniture, TVs, Failed to pass
computers on or after July 1, 2012. Prescribes exemption procedures. Allows
participation in regional or national clearinghouse.
Missouri
HB1155*
New York
A7573*,
S2515*
North
Carolina
HB823*/SB993
Oregon
SB596*
Vermont
SB76/S109*
After July 1, 2011, a person may not manufacture, process or distribute a
mattress, mattress pad, furniture, television, computer or electronic device that
contains deca-BDE. Exempts recycled products, used products, vehicles, and
medical devices.
After July 1, 2010, a person may not manufacture, process, or distribute in
commerce any of the following products if they contain commercial deca-BDE:
a. covered electronic devices; b. upholstered furniture or textiles intended for
indoor use in a home or other residential occupancy; or c. mattresses and mattress
pads. Provides exemptions. Allows state to participate in a national or regional
clearinghouse to share PBDE information; Gives procurement preferences to
products that do not contain deca; the state may establish a “PBDE Free” product
labeling program for products that do not use PBDEs.
Bans deca from mattresses, upholstered furniture, and electronics, while
exempting used products, products used by military, vehicles, aircraft, industrial
manufacturing equipment, and electricity transmission wires. Creates fire safety
committee to implement law if enacted. Provides labeling for products that are
PBDE free, tax credit for R&D in to alternative flame retardants, allows state to
participate in regional or national clearinghouse, and provides for educating
retailers about the law.
Modifies definition of 'hazardous substance' to include decabrominated diphenyl
ether in existing bans on penta- and octa-BDE. Prohibits introduction or delivery
for introduction into commerce any product containing more than one-tenth of
one percent by mass of decabrominated diphenyl ether. Provides exemptions for
used products, cars, planes and transportation. Becomes operative January 1,
2011.
Bill would ban deca in mattresses, mattress pads, household furniture, TVs,
computers on or after July 1, 2012. Prescribes exemption procedures. Allows
participation in regional or national clearinghouse.
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Failed to pass
A7573 Passed
Assembly 5/5/09
Introduced
3/26/09
6/30/09
Enacted (SB596)
Enacted Language
amended into
H.444 (see
enacted laws)
Enacted Legislation (2003-2009)
State
California
(penta/octa)
Bill #
AB302*
California
(penta/octa)
AB2587
Hawaii
(PBDE ban)
HB2013*
Illinois
(penta/octa)
HB2572*
Summary
Prohibits a person from manufacturing, processing, or
commerce a product, or a flame-retarded part of a product,
than 0.1% penta-BDE or octa-BDE on and after January 1,
date was changed to January 1, 2006)
Moves the previous phase-out date in AB302 for penta- and
January 1, 2008 to June 1, 2006.
Status
distributing in 08/11/03
containing more Enacted
2008.(Later, the
octa- BDE from 09/21/04
Enacted
Prohibits the manufacturing, processing, or distribution of a product or flameretarded part of a product containing more than 0.1% by mass of penta-BDE,
octa-BDE, or any other chemical formulation that is part of these
classifications, on or after January 1, 2006.
The Brominated Flame Retardant Prevention Act provides that 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 penta-BDE or octa-BDE by mass. The statute exempts
(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 the Act; or (3) the processing of recycled material containing penta-BDE or
octa-BDE in compliance with applicable state and federal laws.
Provides that by January 2, 2006, the Illinois Environmental Protection
Agency, shall submit to the General Assembly and the Governor a report that
reviews the latest available scientific research to address certain issues related
to the effects of deca-BDE. Provides that by February 28, 2006, the Illinois
Department of Public Health, shall submit to the General Assembly and the
Governor a report that reviews the Illinois Environmental Protection Agency's
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06/2004
Enacted
07/01/05
Enacted
Maine
(Deca Ban)
LD1658, Public
Law 296* (2007)
Maine
(penta/octa)
LD1790*
Maryland
(penta/octa)
HB83*
Michigan
(penta/octa)
HB4406*- penta
SB1458- octa
Minnesota
(penta/octa)
SF2096*
deca-BDE study. Provides that nothing in the Act restricts a manufacturer,
importer, or distributor from transporting products containing PBDEs through
the state or storing PBDEs in the state for further distribution.
-Bans new uses of Deca in mattresses and upholstered furniture effective
January 1, 2008; Phases out existing uses of Deca in televisions and computer
housings by January 1, 2010; Exempts transportation, industrial and
manufacturing, and wire and cable uses of Deca; Authorizes the state to adopt
rules to ban other harmful alternative flame retardants for these same products,
if there are safer alternatives that meet fire safety standards; Requires product
manufacturers to notify sellers if these products contain Deca, effective
January 1, 2008, and for the state to assist retailers; Authorizes participation in
an interstate clearinghouse on PBDEs and BFRs; Adds state authority to
require compliance certification; Requires continued reporting to the
Legislature every two years on hazard and risk assessments and alternatives to
the use of all brominated flame retardants.
Prohibits the sale and distribution of new products containing penta-BDE or
octa-BDE as of January 1, 2006. The law states that Maine will ban deca-BDE
if a “safer, nationally available alternative is identified” as of January 1, 2008.
The Department of Environmental Protection and the Department of Human
Services, Bureau of Health, must annually submit a report regarding the
regulation and dangers of brominated flame retardants, including the
availability of safer alternatives to deca-BDE.
Prohibits, on or after October 1, 2008, the manufacture, processing, sale, or
distribution in the state of a product or flame-retardant part of a product that
contains more than 1/10 of 1% of penta-BDE or octa-BDE. Before January 8,
2007, the state Dept. of Environment must report on the use of deca-BDE and
recommend restrictions on its use and sale.
Beginning June 1, 2006, a person shall not manufacture, process, or distribute a
product or material that contains more than 1/10 of 1% of penta-BDE or octaBDE. The state may establish a PBDE advisory committee.
Bans penta- and octa-BDE in products effective January 1, 2008; sets a $1,000
fine for violating ban; provides exemptions to the ban; requires a study of decaBDE to be reported to the legislature by January 15, 2008. By January 1, 2008,
4
Enacted
Public Law,
Chapter 296
6/14/07
04/14/04
Enacted
05/26/05
Enacted
01/03/05
Enacted
Enacted
5/9/07
Minnesota
New York
(penta/octa)
S7621
Oregon
SB596*
Oregon
(penta/octa)
SB962*
Rhode Island
HB7917A*
the state shall make available for purchase and use by all state agencies
equipment, supplies, and other products that do not contain polybrominated
diphenyl ethers, unless exempted.
Note: MN legislature passed a deca ban in 2008, SF651*, but the bill was
vetoed by the Governor.
This statute prohibits the manufacture, process, or distribution of penta- and
octa-PBDE by January 1, 2006. The Commissioner of Environmental
Conservation can create regulations on the maintenance of records. The bill
also establishes a Task Force on Flame Retardant Safety to study the risks
associated with deca-BDE and the availability, safety and effectiveness of
alternatives to such flame retardant.
Modifies definition of 'hazardous substance' to include decabrominated
diphenyl ether in existing bans on penta- and octa-BDE. Prohibits introduction
or delivery for introduction into commerce any product containing more than
one-tenth of one percent by mass of decabrominated diphenyl ether. Provides
exemptions for used products, cars, planes and transportation. Becomes
operative January 1, 2011.
The statute prohibits the introduction or delivery for introduction into
commerce of any product containing more than 1/10 of 1% by mass of pentaBDE or octa-BDE, on or after January 1, 2006. The statute exempts:
(a) Used products; or
(b) Replacement parts for products introduced into commerce before the
effective date of this Act.
Veto Message
08/17/04
Enacted
6/30/09
Enacted (SB596)
07/14/05
Enacted
Requires the state to track all brominated flame retardants and report to the
legislature. The report shall include:
(a) A summary review of relevant new studies on brominated flame retardants
and recent findings and rulings by the US EPA and the EU;
(b) Recommendations regarding restrictions on the disposal of products
containing BFRs; and
(c) Any other recommendations to protect public health and the environment
from BFRs.
This bill prohibits the manufacture and sale of products containing penta- or
7/14/06
5
(penta/octa)
Vermont
(penta/octa &
deca bans)
H.444, Act 61*
Washington
(Deca Ban,
penta/octa)
Chapter 65, 2007
Laws*
Washington
(funding 2005)
SB6090
octaBDE and requires a study of deca to be reported to the legislature by
1/2/07.
This larger health care law includes a ban on deca in mattresses, mattress pads,
or household furniture beginning July 1, 2010. On July 1, 2012, the ban
includes TVs and computers. As of July 1, 2010, it bans penta/octa-BDE.
Prescribes exemption procedure and enforcement.
Bans the use of the penta and octa forms of flame retardants called PBDEs,
with limited exceptions, by 2008; Bans the use of the deca form of PBDE in
mattresses by 2008; Bans the use of the deca form in televisions, computers,
and residential upholstered furniture by 2011, as long as a safer, reasonable,
and effective alternative has been identified by the state departments of
Ecology and Health and approved by fire safety officials.
Budget bill included $83,000 for an agency-developed chemical action plan to
reduce PBDEs.
Enacted
5/12/2009
Enacted
Enacted
4/17/07
05/19/05
Enacted
Governors’ Actions
Illinois
Governor’s
Actions
Letter to IL EPA
Director, March 3,
2006
Maine
Executive Order
State
Summary
Status
Governor Blagojevich instructed Illinois EPA to conduct a follow-up study to 3/3/2006
answer critical questions that remain about the environmental and health effects
of DecaBDE. The study will determine whether safer alternatives are available so
that manufacturers can reduce their reliance on toxic flame retardant chemicals
while still ensuring their products meet fire safety standards. If the study finds
that alternatives to DecaBDE that meet fire protection standards are available,
affordable and less toxic, then Illinois EPA should take the necessary steps to
develop rules requiring use of these alternatives. The follow-up study will be
submitted to the Governor and the General Assembly by January 31, 2007.
By July 1, 2006, the DEP shall review emerging information related to the 2/22/06
availability of alternatives to the BFRs known as DecaBDE and shall issue a
report re-examining the department's preliminary conclusion that safer
alternatives are nationally available.
6
Washington Executive Order
04-01
In January 2004, Washington Governor Gary Locke issued an executive order 01/28/04
directing the Dept. of Ecology to move forward on phasing out the use of PBDEs. Executive Order
In March 2004, the legislature approved funding for the Dept. of Ecology to Signed
phase out all three types of PBDEs (penta-,octa- and deca-). Funding for the
study was continued in the 2005 budget bill.
*Sponsored or co-sponsored by an NCEL participant
National Caucus of Environmental Legislators
1920 L St, NW, Suite 800, Washington, DC 20036
202-454-4588 adam@ncel.net
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