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Minnesota Legislature

Office of the Revisor of Statutes

SF 651A

Conference Committee Report - 85th Legislature (2007 - 2008) Posted on 01/15/2013 08:28pm

KEY: stricken = removed, old language.
underscored = added, new language.
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. (a) 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    (b) 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    (c) Every patient receiving maternity care has the right to continuous support from a
2.7doula of her choice, in addition to her family, during her stay at the facility, so long as
2.8the doula performs doula services within an accepted scope of practice and the hospital's
2.9standard of care. Nothing in this paragraph prohibits or restricts a hospital from excluding
2.10a doula who has violated an accepted scope of practice or the hospital's standard of care.

2.12    Physicians, traditional midwives, and other licensed health care professionals
2.13providing prenatal care to women must include as part of their prenatal education,
2.14information regarding all methods of pain relief, including evidence-based
2.15nonpharmacological methods.

2.16    Sec. 3. Minnesota Statutes 2007 Supplement, section 325E.386, is amended to read:
2.19    Subdivision 1. Penta- and octabromodiphenyl ethers. Except as provided in
2.20subdivision 3 2, 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. Exemptions; penta- and octabromodiphenyl ethers. 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    Subd. 3. Commercial decabromodiphenyl ether. (a) Except as provided in
3.16subdivision 4, beginning July 1, 2011, a person may not manufacture, process, or distribute
3.17in commerce any of the following products containing more than one-tenth of one percent
3.18of commercial decabromodiphenyl ether by mass:
3.19    (1) the exterior casing of a television, computer, or computer monitor;
3.20    (2) upholstered furniture or textiles intended for indoor use in a home or other
3.21residential occupancy; or
3.22    (3) mattresses and mattress pads.
3.23    (b) The sale or distribution by a business, charity, public entity, or private party of
3.24any used product containing commercial decabromodiphenyl ether is exempted from
3.25this subdivision.
3.26    (c) In-state retailers in possession of products on January 1, 2011, that are banned for
3.27sale under this subdivision may exhaust their stock of products located in the state as of that
3.28date through sales to the public. Nothing in this section restricts a manufacturer, importer,
3.29or distributor from transporting products containing commercial decabromodiphenyl ether
3.30through the state or storing such products in the state for later distribution outside the state.
3.31    Subd. 4. Exemption process; commercial decabromodiphenyl ether. (a) A
3.32manufacturer or user of a product prohibited from manufacture, sale, or distribution
3.33under subdivision 3 may apply for an exemption for a specific use of commercial
3.34decabromodiphenyl ether under this section by filing a written request with the
3.35commissioner. The commissioner may grant an exemption for a term not to exceed three
4.1years. The exemption is renewable upon written request. An initial or renewal request for
4.2exemption must include at least the following:
4.3    (1) a policy statement articulating upper management support for eliminating or
4.4reducing to the maximum feasible extent the use of commercial decabromodiphenyl ether;
4.5    (2) a description of the product and the amount of commercial decabromodiphenyl
4.6ether distributed for sale and use in the state on an annual basis;
4.7    (3) a description of the recycling and disposal system used for the product in the
4.8state and an estimate of the amount of product or commercial decabromodiphenyl ether
4.9that is recycled or disposed of in the state on an annual basis;
4.10    (4) a description of the manufacturer's or user's past and ongoing efforts to eliminate
4.11or reduce the amount of commercial decabromodiphenyl ether used in the product;
4.12    (5) an assessment of options available to reduce or eliminate the use of commercial
4.13decabromodiphenyl ether, including any alternatives that do not contain commercial
4.14decabromodiphenyl ether, perform the same technical function, are commercially
4.15available, and are economically practicable;
4.16    (6) a statement of objectives in numerical terms and a schedule for achieving the
4.17elimination of commercial decabromodiphenyl ether and an environmental assessment of
4.18alternative products, including but not limited to human health, solid waste, hazardous
4.19waste, and wastewater impacts associated with production, use, recycling, and disposal
4.20of the alternatives;
4.21    (7) a listing of options considered not to be technically or economically practicable;
4.23    (8) certification of the accuracy of the information contained in the request, signed
4.24and dated by an official of the manufacturer or user.
4.25    (b) The commissioner may grant an initial or renewal exemption for a specific use of
4.26commercial decabromodiphenyl ether, with or without conditions, upon finding that the
4.27applicant has demonstrated that there is no alternative that performs the same technical
4.28function, is commercially available, is economically practicable, and provides net health
4.29and environmental benefits to the state.
4.30    Subd. 5. Fees for exemption applicants. The application fee for an exemption
4.31under subdivision 4 is $2,000 per exemption. The fee is exempt from section 16A.1285.
4.32Revenues from application fees must be deposited in the environmental fund.

4.33    Sec. 4. Minnesota Statutes 2007 Supplement, section 325E.387, is amended by adding
4.34a subdivision to read:
5.1    Subd. 3. Participation in interstate clearinghouse. The commissioner may
5.2participate in a regional or national multistate clearinghouse to assist in carrying out the
5.3requirements of this section. The clearinghouse is authorized to maintain information on
5.4behalf of Minnesota, including, but not limited to:
5.5    (1) a list of all products containing polybrominated diphenyl ethers; and
5.6    (2) information on all exemptions granted by the state.

5.7    Sec. 5. [325F.172] DEFINITIONS.
5.8    For the purposes of sections 325F.172 to 325F.174, the following terms have the
5.9meanings given them.
5.10    (a) "BBP" means benzyl butyl phthalate, CAS # 85-68-7.
5.11    (b) "Child" means a person under three years of age.
5.12    (c) "Children's product" means a product designed or intended by a manufacturer to
5.13be used by a child:
5.14    (1) as a toy or an article of clothing;
5.15    (2) to facilitate sleep, relaxation, or feeding; or
5.16    (3) to be rubbed, poured, sprinkled, sprayed on, introduced into, or otherwise
5.17applied to the human body or any part thereof, including any article used as a component
5.18of such a product.
5.19    (d) "DBP" means di-n-butyl phthalate, CAS # 84-74-2.
5.20    (e) "DEHP" means di (2-ethylhexyl) phthalate, CAS # 117-81-7.
5.21    (f) "DIDP" means di-isodecyl phthalate, CAS # 26761-40-0.
5.22    (g) "DINP" means di-iso-nonyl phthalate, CAS # 71549-78-5.
5.23    (h) "DNOP" means di-n-octyl phthalate, CAS # 117-84-6.
5.24EFFECTIVE DATE.This section is effective the day following final enactment.

5.26    (a) Beginning January 1, 2009, no manufacturer may sell or offer in this state a new
5.27children's product that contains one of the following phthalates: DEHP, DBP, or BBP, in
5.28concentrations exceeding 0.1 percent, including plastic tubing used to deliver a solution
5.29intravenously to a small child.
5.30    (b) Beginning January 1, 2009, no manufacturer may sell or offer in this state any
5.31new children's product that can be placed in a child's mouth and contains one of the
5.32following phthalates: DINP, DIDP, or DNOP, in concentrations exceeding 0.1 percent.
5.33EFFECTIVE DATE.This section is effective the day following final enactment.

5.34    Sec. 7. [325F.174] REPLACEMENT CHEMICALS.
6.1    A manufacturer shall not replace phthalates as a result of the prohibition in section
6.2325F.173 with a chemical that is:
6.3    (1) classified as "known to be a human carcinogen" or "reasonably anticipated to be
6.4a human carcinogen" in the most recent Report on Carcinogens published by the National
6.5Toxicology Program in the United States Department of Health and Human Services; or
6.6    (2) identified by the federal Environmental Protection Agency as causing birth
6.7defects or reproductive or environmental harm.
6.8EFFECTIVE DATE.This section is effective the day following final enactment.

6.10    The Minnesota Pollution Control Agency may participate in the establishment and
6.11implementation of a multistate clearinghouse to identify children's products containing
6.12bisphenol-A and phthalates and to evaluate safer alternatives that may be substituted
6.13for those chemicals.
6.14EFFECTIVE DATE.This section is effective the day following final enactment.

6.15    Sec. 9. REPORT.
6.16    (a) By January 15, 2011, the Pollution Control Agency shall report to the senate and
6.17house of representatives committees with jurisdiction over environmental and natural
6.18resources, commerce, public safety, and public health regarding specific flame-retardant
6.19alternatives available for decabromodiphenyl ether.
6.20    (b) The Pollution Control Agency shall convene a fire safety committee to
6.21identify and evaluate the safety and effectiveness of flame-retardant alternatives before
6.22decabromodiphenyl ether is phased out. The recommendations of the fire safety committee
6.23shall be incorporated into the report required under paragraph (a).
6.24    (c) The fire safety committee consists of the commissioner or designee of the
6.25Pollution Control Agency, as chair and nonvoting member, with the following members:
6.26    (1) a representative of the commissioner of health;
6.27    (2) a representative of the State Fire Marshal;
6.28    (3) a representative appointed by the president of the Minnesota State Fire Chiefs
6.30    (4) a representative appointed by the president of the Minnesota Professional
6.31Firefighters Association;
6.32    (5) a representative appointed by the president of the Fire Marshals Association
6.33of Minnesota;
6.34    (6) a representative of the Minnesota State Fire Departments Association;
6.35    (7) a representative of an environmental health coalition; and
7.1    (8) a scientist from the environmental health coalition as a nonvoting member.

7.2    Sec. 10. APPROPRIATION.
7.3    $57,000 is appropriated from the environmental fund to the commissioner of the
7.4Pollution Control Agency for the purposes of sections 3, 4, and 9."
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
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. Fischbach
House Conferees:(Signed)
Karen Clark
Carolyn Laine
Paul Thissen
Shelley Madore
Jim Abeler