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Minnesota Legislature

Office of the Revisor of Statutes

SF 651

1st Unofficial Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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 3 2, 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. Exemptions; penta- and octabromodiphenyl ethers. 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    Subd. 3. Commercial decabromodiphenyl ether. (a) Except as provided in
2.18subdivision 4, beginning July 1, 2010, a person may not manufacture, process, or
2.19distribute in commerce any of the following products containing more than one-tenth of
2.20one percent of commercial decabromodiphenyl ether by mass:
2.21    (1) the exterior casing of a television, computer, or computer monitor;
2.22    (2) upholstered furniture or textiles intended for indoor use in a home or other
2.23residential occupancy; or
2.24    (3) mattresses and mattress pads.
2.25    (b) The sale or distribution by a business, charity, public entity, or private party of
2.26any used product containing commercial decabromodiphenyl ether is exempted from
2.27this subdivision.
2.28    (c) In-state retailers in possession of products on January 1, 2010, that are banned for
2.29sale under this subdivision may exhaust their stock of products located in the state as of that
2.30date through sales to the public. Nothing in this section restricts a manufacturer, importer,
2.31or distributor from transporting products containing commercial decabromodiphenyl ether
2.32through the state or storing such products in the state for later distribution outside the state.
2.33    Subd. 4. Exemption process; commercial decabromodiphenyl ether. (a) A
2.34manufacturer or user of a product prohibited from manufacture, sale, or distribution
2.35under subdivision 3 may apply for an exemption for a specific use of commercial
2.36decabromodiphenyl ether under this section by filing a written request with the
3.1commissioner. The commissioner may grant an exemption for a term not to exceed three
3.2years. The exemption is renewable upon written request. An initial or renewal request for
3.3exemption must include at least the following:
3.4    (1) a policy statement articulating upper management support for eliminating or
3.5reducing to the maximum feasible extent the use of commercial decabromodiphenyl ether;
3.6    (2) a description of the product and the amount of commercial decabromodiphenyl
3.7ether distributed for sale and use in the state on an annual basis;
3.8    (3) a description of the recycling and disposal system used for the product in the
3.9state and an estimate of the amount of product or commercial decabromodiphenyl ether
3.10that is recycled or disposed of in the state on an annual basis;
3.11    (4) a description of the manufacturer's or user's past and ongoing efforts to eliminate
3.12or reduce the amount of commercial decabromodiphenyl ether used in the product;
3.13    (5) an assessment of options available to reduce or eliminate the use of commercial
3.14decabromodiphenyl ether, including any alternatives that do not contain commercial
3.15decabromodiphenyl ether, perform the same technical function, are commercially
3.16available, and are economically practicable;
3.17    (6) a statement of objectives in numerical terms and a schedule for achieving the
3.18elimination of commercial decabromodiphenyl ether and an environmental assessment of
3.19alternative products, including but not limited to human health, solid waste, hazardous
3.20waste, and wastewater impacts associated with production, use, recycling, and disposal
3.21of the alternatives;
3.22    (7) a listing of options considered not to be technically or economically practicable;
3.23and
3.24    (8) certification of the accuracy of the information contained in the request, signed
3.25and dated by an official of the manufacturer or user.
3.26    (b) The commissioner may grant an initial or renewal exemption for a specific use of
3.27commercial decabromodiphenyl ether, with or without conditions, upon finding that the
3.28applicant has demonstrated that there is no alternative that performs the same technical
3.29function, is commercially available, is economically practicable, and provides net health
3.30and environmental benefits to the state.
3.31    Subd. 5. Fees for exemption applicants. The application fee for an exemption
3.32under subdivision 4 is $2,000 per exemption. The fee is exempt from section 16A.1285.
3.33Revenues from application fees must be deposited in the environmental fund.

3.34    Sec. 2. Minnesota Statutes 2007 Supplement, section 325E.387, is amended by adding
3.35a subdivision to read:
4.1    Subd. 3. Participation in interstate clearinghouse. The commissioner may
4.2participate in a regional or national multistate clearinghouse to assist in carrying out the
4.3requirements of this section. The clearinghouse is authorized to maintain information on
4.4behalf of Minnesota, including, but not limited to:
4.5    (1) a list of all products containing polybrominated diphenyl ethers; and
4.6    (2) information on all exemptions granted by the state.

4.7    Sec. 3. REPORT.
4.8    By July 1, 2009, the Pollution Control Agency shall report to the senate and house of
4.9representatives committees with jurisdiction over environment and natural resources and
4.10commerce policy regarding flame-retardant alternatives available for decabromodiphenyl
4.11ether.

4.12    Sec. 4. APPROPRIATION.
4.13    $57,000 is appropriated from the environmental fund to the commissioner of the
4.14Pollution Control Agency for the purposes of sections 1 to 3.