HF 934

3rd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to the environment; requiring manufacturers of certain flame retardants
to register with the commissioner of the Pollution Control Agency; creating a
fire safety committee; proposing coding for new law in Minnesota Statutes,
chapter 325E.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [325E.390] FLAME RETARDANTS IN CERTAIN PRODUCTS;
REGISTRATION.
new text end

new text begin Subdivision 1. new text end

new text begin Registration process. new text end

new text begin (a) Effective July 1, 2009, the manufacturer of
a flame retardant to be used in any of the following products shall register the use of the
flame retardant with the commissioner of the Pollution Control Agency: (1) televisions or
computers with an electronic enclosure; (2) upholstered furniture or textiles intended for
indoor use in a home or other residential occupancy; or (3) mattresses and mattress pads to
be manufactured, processed, or distributed in commerce in Minnesota. The registration
shall have a term of one year. The registration is renewable upon a written request.
new text end

new text begin (b) The initial registration and renewal must include at least the following:
new text end

new text begin (1) a description of the product in which the flame retardant shall be used, and the
amount and type of the flame retardant contained in the product;
new text end

new text begin (2) an assessment of an alternative flame retardant available for use in the product
that may perform the same technical function, may be commercially available, and may be
economically practicable;
new text end

new text begin (3) peer-reviewed environmental health risk assessments of the human health,
solid waste, hazardous waste, and wastewater impacts associated with the production,
use, recycling, and disposal of the flame retardant used, and any alternative identified
in clause (2);
new text end

new text begin (4) peer-reviewed risk assessments, scientific studies and the relevant findings on the
fire safety and health risk to firefighters of the flame retardant used, and any alternatives
identified in clause (2);
new text end

new text begin (5) a listing of alternatives considered not to be technically or economically
practicable or commercially available; and
new text end

new text begin (6) a certification of the accuracy of the information contained in the registration,
signed and dated by an official of the registering manufacturer.
new text end

new text begin (c) If the registration is complete, the registration shall be forwarded to the fire safety
committee created under subdivision 2. If the registration is deemed incomplete, the
commissioner shall return the registration to the manufacturer with a statement detailing
the portions of the registration, which are incomplete.
new text end

new text begin (d) The registration shall include a payment of $20,000 and the commissioner shall
reserve the right to assess the registrant any additional sums necessary to cover the cost of
the review of the registration. The commissioner shall assess the registrant any balance
due within 30 days of the date of the Fire Safety Committee's findings and payment shall
be due within 60 days after receipt. Revenues from the registration must be deposited in
the environmental fund.
new text end

new text begin Subd. 2. new text end

new text begin Fire safety committee. new text end

new text begin (a) A Fire Safety Committee is created for the
purpose of assessing the registrations filed with the commissioner under subdivision 1.
new text end

new text begin (b) The Fire Safety Committee consists of the commissioner of the Pollution Control
Agency as chair and the following members:
new text end

new text begin (1) a representative of the commissioner of health;
new text end

new text begin (2) a representative of the Office of the State Fire Marshal;
new text end

new text begin (3) a representative of a statewide association representing fire chiefs;
new text end

new text begin (4) a representative of a recognized statewide council affiliate with an international
association representing the interest of professional firefighters; and
new text end

new text begin (5) a representative of a statewide association representing the interest of volunteer
firefighters.
new text end

new text begin (c) A majority vote of the fire safety committee is required for a finding by the
committee that the registrant has demonstrated that there is no alternative flame retardant
that performs the same technical function, is commercially available, is economically
practicable, provides net health and environmental benefits to the state, and less health
risk to firefighters.
new text end

new text begin (d) The commissioner shall publish the findings of the Fire Safety Committee in the
State Register and submit those findings in a report to the appropriate committees of the
legislature. The commissioner shall report its initial set of findings by January 15, 2010,
and January 15 of each subsequent year.
new text end