Enacted Laws, Executive Orders & 2007 Introduced Bills
PBDE Legislation
(As of 7/13/07)
Compiled by the National Caucus of Environmental Legislators
(Most summaries are from the actual bill posted on the legislative websites.)
www.ncel.net
2007 Legislation Introduced
State
California
Bill #
AB513*
California
AB706
Summary
Status
TO INACTIVE
This bill include DecaBDE in the current prohibition for penta and octaBDE,
on and after January 1, 2011. The bill would also delete the exemption for FILE ON MOTION
OF ASSEMBLY
products containing small quantities of PBDEs that are produced or used for MEMBER LIEBER
scientific research on the health or environmental effects of PBDEs.
6/7/07
Commencing January 1, 2010, bans the use of brominated fire retardants (BFRs) Passed the
and chlorinated fire retardants (CFRs) in all seating furniture, mattresses, box Assembly; Passed
Senate Business
springs, mattress sets, futons, other bedding products, and reupholstered furniture Committee and
to which filling materials are added.
Environment
Protection
Committee; Sent to
Sen. Appropriations
7/11/07
Connecticut
HB6871*
Hawaii
HB461*,
SB1109
Hawaii
SB1045*
That the general statutes be amended to prohibit the manufacture, sale, Did Not Pass
distribution or use of certain polybrominated diphenyl ethers on or after January
1, 2008, and to create a civil penalty for any violation of this prohibition.
Prohibits the manufacture, sale, and distribution of televisions, computers, Did Not Pass
furniture,
mattresses,
and
mattress
pads
containing
commercial
decabromodiphenylether after 6/30/10. Requires DOH to report to legislature
prior to 2008 regular session.
Prohibits the use of decabromo diphenyl ether in upholstered furniture, Did Not Pass
televisions, and computers, beginning January 1, 2009. Requires department of
health to study whether there are suitable alternatives to deca-BDE
1
Illinois
HB1421*
Massachusetts HB783*
Michigan
HB4465*
Montana
HB560*
New York
A7977*
S5244
Beginning January 1, 2008, prohibits a person from manufacturing, processing,
selling, offering for sale, distributing for sale, or distributing for use 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.
Provides that, beginning January 1, 2011 (amended from 2010), a person may not
distribute for manufacture, process, sell, offer for sale, sale, or distribute for use a
television, computer, or other electronic device if the exterior casing of the
devices contains decaBDE. Sets out responsibilities of the Environmental
Protection Agency and the manufacturers. Requires the Agency to report the
listed information to the General Assembly and the Governor, no later than
January 4, 2008, concerning brominated flame retardants. Effective immediately.
Although it is not a straight ban on PBDEs, it would require the substitution of
PBDEs (along with 9 other “Priority toxic substances”) with safer alternatives.
Referred to
Rules
5/25/07
Hearing scheduled
in Joint
Environment
Committee 6/11/07
Beginning 2008, the manufacture and sale of mattresses and upholstered furniture Introduced
containing deca is prohibited. In 2012, the prohibition includes TVs & computers. 3/15/07
Bans use of deca in mattresses after Jan. 1, 2008. Allows Dept. of Environment to Did Not Pass
ban use of deca, by rule, in computers, TVs, and residential upholstery if Dept. of
Health and Dept. of Environment find safer and available alternatives do exist.
The state’s fire prevention council must also find that the alternatives meet fire
safety standards before deca is banned. The Departments must review science on
deca and alternatives annually and report findings to the legislature by January 1,
2009. Provides exemptions.
After July 1, 2008, a person may not manufacture, process, or distribute in A7977: Passed
commerce any of the following products if they contain commercial deca-BDE: Assembly;
a. covered electronic devices; b. upholstered furniture or textiles intended for Referred to
indoor use in a home or other residential occupancy; or c. mattresses and mattress Senate Rules
pads. Provides exemptions. Allows state to participate in a national or regional 6/20/07
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.
2
Enacted Legislation (2003-2006)
State
California
Bill #
AB302*
California
AB2587
Hawaii
HB2013*
Illinois
HB2572*
Summary
Prohibits a person from manufacturing, processing, or distributing in commerce a
product, or a flame-retarded part of a product, containing more than 0.1% pentaBDE or octa-BDE on and after January 1, 2008.(Later, the date was changed to
January 1, 2006)
Moves the previous phase-out date in AB302 for penta- and octa- BDE from
January 1, 2008 to June 1, 2006.
Status
08/11/03
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.
06/2004
Enacted
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
3
09/21/04
Enacted
07/01/05
Enacted
Maine
(Deca Ban)
LD1658, Public
Law 296* (2007)
Maine
LD1790*
Maryland
HB83*
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 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 octaBDE 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.
4
Enacted
Public Law,
Chapter 296
6/14/07
04/14/04
Enacted
05/26/05
Enacted
Michigan
HB4406*- penta
SB1458- octa
Minnesota
SF2096*
New York
S7621
Oregon
SB962*
Rhode
HB7917A*
Island
Washington Chapter 65, 2007
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,
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.
This statute prohibits the manufacture, process, or distribution of penta- and octaPBDE 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 decaBDE and the availability, safety and effectiveness of alternatives to such flame
retardant.
The statute prohibits the introduction or delivery for introduction into commerce
of any product containing more than 1/10 of 1% by mass of penta-BDE or octaBDE, 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.
01/03/05
Enacted
Enacted
5/9/07
08/17/04
Enacted
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
octaBDE and requires a study of deca to be reported to the legislature by 1/2/07.
Enacted
Bans the use of the penta and octa forms of flame retardants called PBDEs, with Enacted
5
(Deca Ban)
Laws*
Washington SB6090
limited exceptions, by 2008;
4/17/07
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 05/19/05
reduce PBDEs.
Enacted
Governors’ Actions
Illinois
Governor’s
Actions
Letter to IL EPA
Director, March 3,
2006
Maine
Executive Order
State
Washington Executive Order
04-01
Summary
Status
Governor Blagojevich instructed Illinois EPA to conduct a follow-up study to
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
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.
In January 2004, Washington Governor Gary Locke issued an executive order
directing the Dept. of Ecology to move forward on phasing out the use of PBDEs.
In March 2004, the legislature approved funding for the Dept. of Ecology to
phase out all three types of PBDEs (penta-,octa- and deca-). Funding for the
study was continued in the 2005 budget bill.
3/3/2006
6
2/22/06
01/28/04
Executive Order
Signed
*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
A project of the Edmund S. Muskie Foundation
7