SF 651

4th Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to the environment; restricting the manufacture and sale of certain
polybrominated diphenyl ethers; requiring a report; providing penalties;
amending Minnesota Statutes 2007 Supplement, sections 325E.386; 325E.387,
by adding a subdivision.

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

Section 1.

Minnesota Statutes 2007 Supplement, section 325E.386, is amended to read:

325E.386 PRODUCTS CONTAINING CERTAIN POLYBROMINATED
DIPHENYL ETHERS BANNED; EXEMPTIONS.

Subdivision 1.

Penta- and octabromodiphenyl ethers.

Except as provided in
subdivision deleted text begin 3 deleted text end new text begin 2 new text end , beginning January 1, 2008, a person may not manufacture, process, or
distribute in commerce a product or flame-retardant part of a product containing more
than one-tenth of one percent of pentabromodiphenyl ether or octabromodiphenyl ether
by mass.

Subd. 2.

Exemptions.

The following products containing polybrominated diphenyl
ethers are exempt from subdivision 1 and section 325E.387, subdivision 2:

(1) the sale or distribution of any used transportation vehicle with component parts
containing polybrominated diphenyl ethers;

(2) the sale or distribution of any used transportation vehicle parts or new
transportation vehicle parts manufactured before January 1, 2008, that contain
polybrominated diphenyl ethers;

(3) the manufacture, sale, repair, distribution, maintenance, refurbishment, or
modification of equipment containing polybrominated diphenyl ethers and used primarily
for military or federally funded space program applications. This exemption does not
cover consumer-based goods with broad applicability;

(4) the sale or distribution by a business, charity, public entity, or private party of
any used product containing polybrominated diphenyl ethers;

(5) the manufacture, sale, or distribution of new carpet cushion made from recycled
foam containing more than one-tenth of one percent polybrominated diphenyl ether;

(6) medical devices; or

(7) the manufacture, sale, repair, distribution, maintenance, refurbishment, or
modification of telecommunications equipment containing polybrominated diphenyl
ethers used by entities eligible to hold authorization in the Public Safety Pool under Code
of Federal Regulations, title 47, part 90.

In-state retailers in possession of products on January 1, 2008, that are banned for
sale under subdivision 1 may exhaust their stock through sales to the public. Nothing in
this section restricts the ability of a manufacturer, importer, or distributor from transporting
products containing polybrominated diphenyl ethers through the state, or storing such
products in the state for later distribution outside the state.

new text begin Subd. 3. new text end

new text begin Commercial decabromodiphenyl ether. new text end

new text begin Except as provided in
subdivision 5, beginning July 1, 2012, a person may not manufacture, process, or
distribute in commerce any of the following products containing more than one-tenth of
one percent of commercial decabromodiphenyl ether by mass:
new text end

new text begin (1) the exterior casing of a television, computer, or computer monitor;
new text end

new text begin (2) upholstered furniture or textiles intended for indoor use in a home or other
residential occupancy; or
new text end

new text begin (3) mattresses and mattress pads.
new text end

new text begin The sale or distribution by a business, charity, public entity, or private party of
any used product containing commercial decabromodiphenyl ether is exempted from
this subdivision.
new text end

new text begin In-state retailers in possession of products on January 1, 2012, that are banned for sale
under this subdivision may exhaust their stock of products located in the state as of
that date through sales to the public. Nothing in this section restricts the ability of a
manufacturer, importer, or distributor from transporting products containing commercial
decabromodiphenyl ether through the state, or storing such products in the state for later
distribution outside the state.
new text end

new text begin Subd. 4. new text end

new text begin Alternatives assessment. new text end

new text begin By January 15, 2011, the commissioner
of the Pollution Control Agency, in consultation with the commissioner of the
Department of Health and the commissioner of the Department of Commerce, the
state fire marshal, firefighters, and fire chiefs, shall assess and report to the senate and
house of representatives committees having jurisdiction over environment and natural
resources, health, public safety, and commerce policy, whether there are technical and
economic equivalents to decabromodiphenyl ether that have less of a health risk than
decabromodiphenyl ether and meet fire safety standards for use in:
new text end

new text begin (1) the exterior casing of a television or computer monitor;
new text end

new text begin (2) upholstered furniture or textiles intended for indoor residential use; or
new text end

new text begin (3) mattresses and mattress pads.
new text end

new text begin The prohibition in subdivision 3 shall not take effect unless the Pollution Control
Agency report identifies a technical and economic equivalent alternative that has less of a
health risk than decabromodiphenyl ether, meets fire safety standards, and is commercially
available for use in the products identified in this subdivision.
new text end

new text begin Subd. 5. new text end

new text begin Exemption process. new text end

new text begin (a) A manufacturer or user of a product prohibited
from manufacture, sale, or distribution under section 325E.386, subdivision 3, may apply
for an exemption for a specific use of commercial decabromodiphenyl ether under this
section by filing a written request with the commissioner. The commissioner may grant an
exemption for a term not to exceed three years. The exemption is renewable upon written
request. An initial or renewal request for exemption must include at least the following:
new text end

new text begin (1) a policy statement articulating upper management support for eliminating or
reducing to the maximum feasible extent the use of commercial decabromodiphenyl ether;
new text end

new text begin (2) a description of the product and the amount of commercial decabromodiphenyl
ether distributed for sale and use in the state on an annual basis;
new text end

new text begin (3) a description of the recycling and disposal system used for the product in the
state and an estimate of the amount of product or commercial decabromodiphenyl ether
that is recycled or disposed in the state on an annual basis;
new text end

new text begin (4) a description of the manufacturer's or user's past and ongoing efforts to eliminate
or reduce the amount of commercial decabromodiphenyl ether used in the product;
new text end

new text begin (5) an assessment of options available to reduce or eliminate the use of commercial
decabromodiphenyl ether, including any alternatives that do not contain commercial
decabromodiphenyl ether, perform the same technical function, are commercially
available, and are economically practicable;
new text end

new text begin (6) a statement of objectives in numerical terms and a schedule for achieving the
elimination of commercial decabromodiphenyl ether and an environmental assessment of
alternative products, including but not limited to human health, solid waste, hazardous
waste, and wastewater impacts associated with production, use, recycling, and disposal
of the alternatives;
new text end

new text begin (7) a listing of options considered not to be technically or economically practicable;
and
new text end

new text begin (8) certification of the accuracy of the information contained in the request, signed
and dated by an official of the manufacturer or user.
new text end

new text begin (b) The commissioner may grant an initial or renewal exemption for a specific use of
commercial decabromodiphenyl ether, with or without conditions, upon finding that the
applicant has demonstrated that there is no alternative that performs the same technical
function, is commercially available, is economically practicable, and provides net health
and environmental benefits to the state.
new text end

new text begin Subd. 6. new text end

new text begin Fees for exemption applicants. new text end

new text begin The application fee for an exemption
under subdivision 5 is $2,000 per exemption. The fee is exempt from section 16A.1285.
Revenues from application fees must be deposited in the environmental fund.
new text end

Sec. 2.

Minnesota Statutes 2007 Supplement, section 325E.387, is amended by adding
a subdivision to read:

new text begin Subd. 3. new text end

new text begin Participation in interstate clearinghouse. new text end

new text begin The commissioner may
participate in a regional or national multistate clearinghouse to assist in carrying out the
requirements of this section. The clearinghouse is authorized to maintain information on
behalf of Minnesota, including, but not limited to:
new text end

new text begin (1) a list of all products containing polybrominated diphenyl ethers; and
new text end

new text begin (2) information on all exemptions granted by the state.
new text end