SF 651
CCR--SF0651A - 85th Legislature (2007 - 2008)
Posted on 01/15/2013 08:28 p.m.
KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers
1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 651
1.2A bill for an act
1.3relating to the environment; restricting the manufacture and sale of certain
1.4polybrominated diphenyl ethers; requiring a report; providing penalties;
1.5amending Minnesota Statutes 2007 Supplement, sections 325E.386; 325E.387,
1.6by adding a subdivision.
1.7May 6, 2008
1.8The Honorable James P. Metzen
1.9President of the Senate
1.10The Honorable Margaret Anderson Kelliher
1.11Speaker of the House of Representatives
1.12We, the undersigned conferees for S.F. No. 651 report that we have agreed upon the
1.13items in dispute and recommend as follows:
1.14That the House recede from its amendment and that S.F. No. 651 be further amended
1.15as follows:
1.16Delete everything after the enacting clause and insert:
1.17 "Section 1. Minnesota Statutes 2007 Supplement, section 144.651, subdivision 9,
1.18is amended to read:
1.19 Subd. 9. Information about treatment. new text begin (a) new text end Patients and residents shall be given by
1.20their physicians complete and current information concerning their diagnosis, treatment,
1.21alternatives, risks, and prognosis as required by the physician's legal duty to disclose. This
1.22information shall be in terms and language the patients or residents can reasonably be
1.23expected to understand. Patients and residents may be accompanied by a family member
1.24or other chosen representative, or both. This information shall include the likely medical
1.25or major psychological results of the treatment and its alternatives. In cases where it is
1.26medically inadvisable, as documented by the attending physician in a patient's or resident's
1.27medical record, the information shall be given to the patient's or resident's guardian or
1.28other person designated by the patient or resident as a representative. Individuals have the
1.29right to refuse this information.
2.1 new text begin (b) new text end Every patient or resident suffering from any form of breast cancer shall be fully
2.2informed, prior to or at the time of admission and during her stay, of all alternative
2.3effective methods of treatment of which the treating physician is knowledgeable, including
2.4surgical, radiological, or chemotherapeutic treatments or combinations of treatments and
2.5the risks associated with each of those methods.
2.6 new text begin (c) Every patient receiving maternity care has the right to continuous support from a new text end
2.7new text begin doula of her choice, in addition to her family, during her stay at the facility, so long as new text end
2.8new text begin the doula performs doula services within an accepted scope of practice and the hospital's new text end
2.9new text begin standard of care. Nothing in this paragraph prohibits or restricts a hospital from excluding new text end
2.10new text begin a doula who has violated an accepted scope of practice or the hospital's standard of care.new text end
2.11 Sec. 2. new text begin [145.907] PAIN RELIEF INFORMATION FOR PREGNANT PATIENTS.new text end
2.12 new text begin Physicians, traditional midwives, and other licensed health care professionals new text end
2.13new text begin providing prenatal care to women must include as part of their prenatal education, new text end
2.14new text begin information regarding all methods of pain relief, including evidence-based new text end
2.15new text begin nonpharmacological methods.new text end
2.16 Sec. 3. Minnesota Statutes 2007 Supplement, section 325E.386, is amended to read:
2.17325E.386 PRODUCTS CONTAINING CERTAIN POLYBROMINATED
2.18DIPHENYL ETHERS BANNED; EXEMPTIONS.
2.19 Subdivision 1. Penta- and octabromodiphenyl ethers. Except as provided in
2.20subdivision 3new text begin 2new text end , beginning January 1, 2008, a person may not manufacture, process, or
2.21distribute in commerce a product or flame-retardant part of a product containing more
2.22than one-tenth of one percent of pentabromodiphenyl ether or octabromodiphenyl ether
2.23by mass.
2.24 Subd. 2. Exemptionsnew text begin ; penta- and octabromodiphenyl ethersnew text end . The following
2.25products containing polybrominated diphenyl ethers are exempt from subdivision 1 and
2.26section
325E.387, subdivision 2:
2.27 (1) the sale or distribution of any used transportation vehicle with component parts
2.28containing polybrominated diphenyl ethers;
2.29 (2) the sale or distribution of any used transportation vehicle parts or new
2.30transportation vehicle parts manufactured before January 1, 2008, that contain
2.31polybrominated diphenyl ethers;
2.32 (3) the manufacture, sale, repair, distribution, maintenance, refurbishment, or
2.33modification of equipment containing polybrominated diphenyl ethers and used primarily
2.34for military or federally funded space program applications. This exemption does not
2.35cover consumer-based goods with broad applicability;
3.1 (4) the sale or distribution by a business, charity, public entity, or private party of
3.2any used product containing polybrominated diphenyl ethers;
3.3 (5) the manufacture, sale, or distribution of new carpet cushion made from recycled
3.4foam containing more than one-tenth of one percent polybrominated diphenyl ether;
3.5 (6) medical devices; or
3.6 (7) the manufacture, sale, repair, distribution, maintenance, refurbishment, or
3.7modification of telecommunications equipment containing polybrominated diphenyl
3.8ethers used by entities eligible to hold authorization in the Public Safety Pool under Code
3.9of Federal Regulations, title 47, part 90.
3.10 In-state retailers in possession of products on January 1, 2008, that are banned for
3.11sale under subdivision 1 may exhaust their stock through sales to the public. Nothing in
3.12this section restricts the ability of a manufacturer, importer, or distributor from transporting
3.13products containing polybrominated diphenyl ethers through the state, or storing such
3.14products in the state for later distribution outside the state.
3.15 new text begin Subd. 3.new text end new text begin Commercial decabromodiphenyl ether.new text end new text begin (a) Except as provided in new text end
3.16new text begin subdivision 4, beginning July 1, 2011, a person may not manufacture, process, or distribute new text end
3.17new text begin in commerce any of the following products containing more than one-tenth of one percent new text end
3.18new text begin of commercial decabromodiphenyl ether by mass:new text end
3.19 new text begin (1) the exterior casing of a television, computer, or computer monitor;new text end
3.20 new text begin (2) upholstered furniture or textiles intended for indoor use in a home or other new text end
3.21new text begin residential occupancy; ornew text end
3.22 new text begin (3) mattresses and mattress pads.new text end
3.23 new text begin (b) The sale or distribution by a business, charity, public entity, or private party of new text end
3.24new text begin any used product containing commercial decabromodiphenyl ether is exempted from new text end
3.25new text begin this subdivision.new text end
3.26 new text begin (c) In-state retailers in possession of products on January 1, 2011, that are banned for new text end
3.27new text begin sale under this subdivision may exhaust their stock of products located in the state as of that new text end
3.28new text begin date through sales to the public. Nothing in this section restricts a manufacturer, importer, new text end
3.29new text begin or distributor from transporting products containing commercial decabromodiphenyl ether new text end
3.30new text begin through the state or storing such products in the state for later distribution outside the state.new text end
3.31 new text begin Subd. 4.new text end new text begin Exemption process; commercial decabromodiphenyl ether.new text end new text begin (a) A new text end
3.32new text begin manufacturer or user of a product prohibited from manufacture, sale, or distribution new text end
3.33new text begin under subdivision 3 may apply for an exemption for a specific use of commercial new text end
3.34new text begin decabromodiphenyl ether under this section by filing a written request with the new text end
3.35new text begin commissioner. The commissioner may grant an exemption for a term not to exceed three new text end
4.1new text begin years. The exemption is renewable upon written request. An initial or renewal request for new text end
4.2new text begin exemption must include at least the following:new text end
4.3 new text begin (1) a policy statement articulating upper management support for eliminating or new text end
4.4new text begin reducing to the maximum feasible extent the use of commercial decabromodiphenyl ether;new text end
4.5 new text begin (2) a description of the product and the amount of commercial decabromodiphenyl new text end
4.6new text begin ether distributed for sale and use in the state on an annual basis;new text end
4.7 new text begin (3) a description of the recycling and disposal system used for the product in the new text end
4.8new text begin state and an estimate of the amount of product or commercial decabromodiphenyl ether new text end
4.9new text begin that is recycled or disposed of in the state on an annual basis;new text end
4.10 new text begin (4) a description of the manufacturer's or user's past and ongoing efforts to eliminate new text end
4.11new text begin or reduce the amount of commercial decabromodiphenyl ether used in the product;new text end
4.12 new text begin (5) an assessment of options available to reduce or eliminate the use of commercial new text end
4.13new text begin decabromodiphenyl ether, including any alternatives that do not contain commercial new text end
4.14new text begin decabromodiphenyl ether, perform the same technical function, are commercially new text end
4.15new text begin available, and are economically practicable;new text end
4.16 new text begin (6) a statement of objectives in numerical terms and a schedule for achieving the new text end
4.17new text begin elimination of commercial decabromodiphenyl ether and an environmental assessment of new text end
4.18new text begin alternative products, including but not limited to human health, solid waste, hazardous new text end
4.19new text begin waste, and wastewater impacts associated with production, use, recycling, and disposal new text end
4.20new text begin of the alternatives;new text end
4.21 new text begin (7) a listing of options considered not to be technically or economically practicable; new text end
4.22new text begin andnew text end
4.23 new text begin (8) certification of the accuracy of the information contained in the request, signed new text end
4.24new text begin and dated by an official of the manufacturer or user.new text end
4.25 new text begin (b) The commissioner may grant an initial or renewal exemption for a specific use of new text end
4.26new text begin commercial decabromodiphenyl ether, with or without conditions, upon finding that the new text end
4.27new text begin applicant has demonstrated that there is no alternative that performs the same technical new text end
4.28new text begin function, is commercially available, is economically practicable, and provides net health new text end
4.29new text begin and environmental benefits to the state.new text end
4.30 new text begin Subd. 5.new text end new text begin Fees for exemption applicants.new text end new text begin The application fee for an exemption new text end
4.31new text begin under subdivision 4 is $2,000 per exemption. The fee is exempt from section 16A.1285. new text end
4.32new text begin Revenues from application fees must be deposited in the environmental fund.new text end
4.33 Sec. 4. Minnesota Statutes 2007 Supplement, section 325E.387, is amended by adding
4.34a subdivision to read:
5.1 new text begin Subd. 3.new text end new text begin Participation in interstate clearinghouse.new text end new text begin The commissioner may new text end
5.2new text begin participate in a regional or national multistate clearinghouse to assist in carrying out the new text end
5.3new text begin requirements of this section. The clearinghouse is authorized to maintain information on new text end
5.4new text begin behalf of Minnesota, including, but not limited to:new text end
5.5 new text begin (1) a list of all products containing polybrominated diphenyl ethers; andnew text end
5.6 new text begin (2) information on all exemptions granted by the state.new text end
5.7 Sec. 5. new text begin [325F.172] DEFINITIONS.new text end
5.8 new text begin For the purposes of sections 325F.172 to 325F.174, the following terms have the new text end
5.9new text begin meanings given them.new text end
5.10 new text begin (a) "BBP" means benzyl butyl phthalate, CAS # 85-68-7.new text end
5.11 new text begin (b) "Child" means a person under three years of age.new text end
5.12 new text begin (c) "Children's product" means a product designed or intended by a manufacturer to new text end
5.13new text begin be used by a child:new text end
5.14 new text begin (1) as a toy or an article of clothing;new text end
5.15 new text begin (2) to facilitate sleep, relaxation, or feeding; ornew text end
5.16 new text begin (3) to be rubbed, poured, sprinkled, sprayed on, introduced into, or otherwise new text end
5.17new text begin applied to the human body or any part thereof, including any article used as a component new text end
5.18new text begin of such a product.new text end
5.19 new text begin (d) "DBP" means di-n-butyl phthalate, CAS # 84-74-2.new text end
5.20 new text begin (e) "DEHP" means di (2-ethylhexyl) phthalate, CAS # 117-81-7.new text end
5.21 new text begin (f) "DIDP" means di-isodecyl phthalate, CAS # 26761-40-0.new text end
5.22 new text begin (g) "DINP" means di-iso-nonyl phthalate, CAS # 71549-78-5.new text end
5.23 new text begin (h) "DNOP" means di-n-octyl phthalate, CAS # 117-84-6.new text end
5.24new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
5.25 Sec. 6. new text begin [325F.173] PHTHALATES IN CHILDREN'S PRODUCTS; BAN.new text end
5.26 new text begin (a) Beginning January 1, 2009, no manufacturer may sell or offer in this state a new new text end
5.27new text begin children's product that contains one of the following phthalates: DEHP, DBP, or BBP, in new text end
5.28new text begin concentrations exceeding 0.1 percent, including plastic tubing used to deliver a solution new text end
5.29new text begin intravenously to a small child.new text end
5.30 new text begin (b) Beginning January 1, 2009, no manufacturer may sell or offer in this state any new text end
5.31new text begin new children's product that can be placed in a child's mouth and contains one of the new text end
5.32new text begin following phthalates: DINP, DIDP, or DNOP, in concentrations exceeding 0.1 percent.new text end
5.33new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
5.34 Sec. 7. new text begin [325F.174] REPLACEMENT CHEMICALS.new text end
6.1 new text begin A manufacturer shall not replace phthalates as a result of the prohibition in section new text end
6.2new text begin 325F.173 with a chemical that is:new text end
6.3 new text begin (1) classified as "known to be a human carcinogen" or "reasonably anticipated to be new text end
6.4new text begin a human carcinogen" in the most recent Report on Carcinogens published by the National new text end
6.5new text begin Toxicology Program in the United States Department of Health and Human Services; ornew text end
6.6 new text begin (2) identified by the federal Environmental Protection Agency as causing birth new text end
6.7new text begin defects or reproductive or environmental harm.new text end
6.8new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
6.9 Sec. 8. new text begin [325F.175] PARTICIPATION IN INTERSTATE CLEARINGHOUSE.new text end
6.10 new text begin The Minnesota Pollution Control Agency may participate in the establishment and new text end
6.11new text begin implementation of a multistate clearinghouse to identify children's products containing new text end
6.12new text begin bisphenol-A and phthalates and to evaluate safer alternatives that may be substituted new text end
6.13new text begin for those chemicals.new text end
6.14new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
6.15 Sec. 9. new text begin REPORT.new text end
6.16 new text begin (a) By January 15, 2011, the Pollution Control Agency shall report to the senate and new text end
6.17new text begin house of representatives committees with jurisdiction over environmental and natural new text end
6.18new text begin resources, commerce, public safety, and public health regarding specific flame-retardant new text end
6.19new text begin alternatives available for decabromodiphenyl ether.new text end
6.20 new text begin (b) The Pollution Control Agency shall convene a fire safety committee to new text end
6.21new text begin identify and evaluate the safety and effectiveness of flame-retardant alternatives before new text end
6.22new text begin decabromodiphenyl ether is phased out. The recommendations of the fire safety committee new text end
6.23new text begin shall be incorporated into the report required under paragraph (a).new text end
6.24 new text begin (c) The fire safety committee consists of the commissioner or designee of the new text end
6.25new text begin Pollution Control Agency, as chair and nonvoting member, with the following members:new text end
6.26 new text begin (1) a representative of the commissioner of health;new text end
6.27 new text begin (2) a representative of the State Fire Marshal;new text end
6.28 new text begin (3) a representative appointed by the president of the Minnesota State Fire Chiefs new text end
6.29new text begin Association;new text end
6.30 new text begin (4) a representative appointed by the president of the Minnesota Professional new text end
6.31new text begin Firefighters Association;new text end
6.32 new text begin (5) a representative appointed by the president of the Fire Marshals Association new text end
6.33new text begin of Minnesota;new text end
6.34 new text begin (6) a representative of the Minnesota State Fire Departments Association;new text end
6.35 new text begin (7) a representative of an environmental health coalition; andnew text end
7.1 new text begin (8) a scientist from the environmental health coalition as a nonvoting member.new text end
7.2 Sec. 10. new text begin APPROPRIATION.new text end
7.3 new text begin $57,000 is appropriated from the environmental fund to the commissioner of the new text end
7.4new text begin Pollution Control Agency for the purposes of sections 3, 4, and 9.new text end "
7.5Delete the title and insert:
7.6"A bill for an act
7.7relating to health; modifying provisions relating to maternity care; banning the
7.8use of certain phthalates, flame retardants, or other polymers or chemicals;
7.9requiring reports; appropriating money;amending Minnesota Statutes 2007
7.10Supplement, sections 144.651, subdivision 9; 325E.386; 325E.387, by adding
7.11a subdivision; proposing coding for new law in Minnesota Statutes, chapters
7.12145; 325F."
We request the adoption of this report and repassage of the bill.Senate Conferees: (Signed) John Marty, Sandra L. Pappas, Jim Carlson, Patricia Torres Ray, Michelle L. FischbachHouse Conferees: (Signed) Karen Clark, Carolyn Laine, Paul Thissen, Shelley Madore, Jim Abeler
8.1
We request the adoption of this report and repassage of the bill.
8.2
Senate Conferees:(Signed)
8.3
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8.4
John Marty
Sandra L. Pappas
8.5
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8.6
Jim Carlson
Patricia Torres Ray
8.7
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8.8
Michelle L. Fischbach
8.9
House Conferees:(Signed)
8.10
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8.11
Karen Clark
Carolyn Laine
8.12
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8.13
Paul Thissen
Shelley Madore
8.14
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8.15
Jim Abeler