SF 651
1st Unofficial Engrossment - 85th Legislature (2007 - 2008)
Posted on 12/15/2009 12:00 a.m.
KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers
1.1A bill for an act
1.2relating to environment; banning certain products containing commercial
1.3decabromodiphenyl ether; providing for exemptions and fees; authorizing
1.4participation in multistate clearinghouse; requiring a report; appropriating
1.5money;amending Minnesota Statutes 2007 Supplement, sections 325E.386;
1.6325E.387, by adding a subdivision.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2007 Supplement, section 325E.386, is amended to read:
1.9325E.386 PRODUCTS CONTAINING CERTAIN POLYBROMINATED
1.10DIPHENYL ETHERS BANNED; EXEMPTIONS.
1.11 Subdivision 1. Penta- and octabromodiphenyl ethers. Except as provided in
1.12subdivision 3new text begin 2new text end , beginning January 1, 2008, a person may not manufacture, process, or
1.13distribute in commerce a product or flame-retardant part of a product containing more
1.14than one-tenth of one percent of pentabromodiphenyl ether or octabromodiphenyl ether
1.15by mass.
1.16 Subd. 2. Exemptionsnew text begin ; penta- and octabromodiphenyl ethersnew text end . The following
1.17products containing polybrominated diphenyl ethers are exempt from subdivision 1 and
1.18section
325E.387, subdivision 2:
1.19 (1) the sale or distribution of any used transportation vehicle with component parts
1.20containing polybrominated diphenyl ethers;
1.21 (2) the sale or distribution of any used transportation vehicle parts or new
1.22transportation vehicle parts manufactured before January 1, 2008, that contain
1.23polybrominated diphenyl ethers;
1.24 (3) the manufacture, sale, repair, distribution, maintenance, refurbishment, or
1.25modification of equipment containing polybrominated diphenyl ethers and used primarily
2.1for military or federally funded space program applications. This exemption does not
2.2cover consumer-based goods with broad applicability;
2.3 (4) the sale or distribution by a business, charity, public entity, or private party of
2.4any used product containing polybrominated diphenyl ethers;
2.5 (5) the manufacture, sale, or distribution of new carpet cushion made from recycled
2.6foam containing more than one-tenth of one percent polybrominated diphenyl ether;
2.7 (6) medical devices; or
2.8 (7) the manufacture, sale, repair, distribution, maintenance, refurbishment, or
2.9modification of telecommunications equipment containing polybrominated diphenyl
2.10ethers used by entities eligible to hold authorization in the Public Safety Pool under Code
2.11of Federal Regulations, title 47, part 90.
2.12 In-state retailers in possession of products on January 1, 2008, that are banned for
2.13sale under subdivision 1 may exhaust their stock through sales to the public. Nothing in
2.14this section restricts the ability of a manufacturer, importer, or distributor from transporting
2.15products containing polybrominated diphenyl ethers through the state, or storing such
2.16products in the state for later distribution outside the state.
2.17 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
2.18new text begin subdivision 4, beginning July 1, 2010, a person may not manufacture, process, or new text end
2.19new text begin distribute in commerce any of the following products containing more than one-tenth of new text end
2.20new text begin one percent of commercial decabromodiphenyl ether by mass:new text end
2.21 new text begin (1) the exterior casing of a television, computer, or computer monitor;new text end
2.22 new text begin (2) upholstered furniture or textiles intended for indoor use in a home or other new text end
2.23new text begin residential occupancy; ornew text end
2.24 new text begin (3) mattresses and mattress pads.new text end
2.25 new text begin (b) The sale or distribution by a business, charity, public entity, or private party of new text end
2.26new text begin any used product containing commercial decabromodiphenyl ether is exempted from new text end
2.27new text begin this subdivision.new text end
2.28 new text begin (c) In-state retailers in possession of products on January 1, 2010, that are banned for new text end
2.29new text begin sale under this subdivision may exhaust their stock of products located in the state as of that new text end
2.30new text begin date through sales to the public. Nothing in this section restricts a manufacturer, importer, new text end
2.31new text begin or distributor from transporting products containing commercial decabromodiphenyl ether new text end
2.32new text begin through the state or storing such products in the state for later distribution outside the state.new text end
2.33 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
2.34new text begin manufacturer or user of a product prohibited from manufacture, sale, or distribution new text end
2.35new text begin under subdivision 3 may apply for an exemption for a specific use of commercial new text end
2.36new text begin decabromodiphenyl ether under this section by filing a written request with the new text end
3.1new text begin commissioner. The commissioner may grant an exemption for a term not to exceed three new text end
3.2new text begin years. The exemption is renewable upon written request. An initial or renewal request for new text end
3.3new text begin exemption must include at least the following:new text end
3.4 new text begin (1) a policy statement articulating upper management support for eliminating or new text end
3.5new text begin reducing to the maximum feasible extent the use of commercial decabromodiphenyl ether;new text end
3.6 new text begin (2) a description of the product and the amount of commercial decabromodiphenyl new text end
3.7new text begin ether distributed for sale and use in the state on an annual basis;new text end
3.8 new text begin (3) a description of the recycling and disposal system used for the product in the new text end
3.9new text begin state and an estimate of the amount of product or commercial decabromodiphenyl ether new text end
3.10new text begin that is recycled or disposed of in the state on an annual basis;new text end
3.11 new text begin (4) a description of the manufacturer's or user's past and ongoing efforts to eliminate new text end
3.12new text begin or reduce the amount of commercial decabromodiphenyl ether used in the product;new text end
3.13 new text begin (5) an assessment of options available to reduce or eliminate the use of commercial new text end
3.14new text begin decabromodiphenyl ether, including any alternatives that do not contain commercial new text end
3.15new text begin decabromodiphenyl ether, perform the same technical function, are commercially new text end
3.16new text begin available, and are economically practicable;new text end
3.17 new text begin (6) a statement of objectives in numerical terms and a schedule for achieving the new text end
3.18new text begin elimination of commercial decabromodiphenyl ether and an environmental assessment of new text end
3.19new text begin alternative products, including but not limited to human health, solid waste, hazardous new text end
3.20new text begin waste, and wastewater impacts associated with production, use, recycling, and disposal new text end
3.21new text begin of the alternatives;new text end
3.22 new text begin (7) a listing of options considered not to be technically or economically practicable; new text end
3.23new text begin andnew text end
3.24 new text begin (8) certification of the accuracy of the information contained in the request, signed new text end
3.25new text begin and dated by an official of the manufacturer or user.new text end
3.26 new text begin (b) The commissioner may grant an initial or renewal exemption for a specific use of new text end
3.27new text begin commercial decabromodiphenyl ether, with or without conditions, upon finding that the new text end
3.28new text begin applicant has demonstrated that there is no alternative that performs the same technical new text end
3.29new text begin function, is commercially available, is economically practicable, and provides net health new text end
3.30new text begin and environmental benefits to the state.new text end
3.31 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
3.32new text begin under subdivision 4 is $2,000 per exemption. The fee is exempt from section 16A.1285. new text end
3.33new text begin Revenues from application fees must be deposited in the environmental fund.new text end
3.34 Sec. 2. Minnesota Statutes 2007 Supplement, section 325E.387, is amended by adding
3.35a subdivision to read:
4.1 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
4.2new text begin participate in a regional or national multistate clearinghouse to assist in carrying out the new text end
4.3new text begin requirements of this section. The clearinghouse is authorized to maintain information on new text end
4.4new text begin behalf of Minnesota, including, but not limited to:new text end
4.5 new text begin (1) a list of all products containing polybrominated diphenyl ethers; andnew text end
4.6 new text begin (2) information on all exemptions granted by the state.new text end
4.7 Sec. 3. new text begin REPORT.new text end
4.8 new text begin By July 1, 2009, the Pollution Control Agency shall report to the senate and house of new text end
4.9new text begin representatives committees with jurisdiction over environment and natural resources and new text end
4.10new text begin commerce policy regarding flame-retardant alternatives available for decabromodiphenyl new text end
4.11new text begin ether.new text end
4.12 Sec. 4. new text begin APPROPRIATION.new text end
4.13 new text begin $57,000 is appropriated from the environmental fund to the commissioner of the new text end
4.14new text begin Pollution Control Agency for the purposes of sections 1 to 3.new text end