Public Act 094-0100
 		





HB2572 Enrolled
LRB094 11168 RXD 41821 b






    AN ACT concerning safety.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:

 
    Section 1. Short title. This Act may be cited as the 
Brominated Fire Retardant Prevention Act.
 
    Section 5. Legislative findings. 
    (a) Chemicals known as brominated flame retardants (BFR's) 
are widely used in the United States.  To meet stringent fire 
standards, manufacturers add BFR's to a multitude of products, 
including plastic housing of electronics and computers, 
circuit boards, and the foam and textiles used in furniture.  
    (b) Polybrominated diphenyl ether (PBDE), which is a 
subcategory of BFR's, has increased forty-fold in human breast 
milk since the 1970s.  
    (c) PBDE has the potential to disrupt thyroid hormone 
balance and contribute to a variety of developmental deficits, 
including low intelligence and learning disabilities.  PBDE may 
also have the potential to cause cancer.  
    (d) Substantial efforts to eliminate BFR's from products 
have been made throughout the world, including private and 
public sectors.  These efforts have made available numerous 
alternatives safe to human health while meeting stringent fire 
standards.  To meet market demand, it is in the interest of 
State manufacturers to eliminate the use of BFR's.  
    (e) In order to protect the public health and the 
environment, the General Assembly believes it is necessary  for 
the State to develop a precautionary approach regarding the 
production, use, storage, and disposal of products containing 
brominated fire retardants.  
 
    Section 10. Definitions. In this Act:
    "DecaBDE" means decabromodiphenyl ether. 
    "OctaBDE" means octabromodiphenyl ether.  
    "PBDE" means polybrominated diphenyl ether.
    "PentaBDE" means pentabromodiphenyl ether.  
 
    Section 15. Regulation of brominated flame retardant.   
    (a) Effective January 1, 2006, a person may not 
manufacture, process, or distribute in commerce a product or a 
flame-retarded part of a product containing more than one-tenth 
of 1% of pentaBDE or octaBDE.  
    (b) Subsection (a) of this Section does not apply to the 
following:

        (1) The sale by a business, charity, or private party 
    of any used product containing PBDE.
        (2) The distribution in commerce of original equipment 
    manufacturer replacement service parts manufactured prior 
    to the effective date of this Act.
        (3) The processing of recycled material containing 
    pentaBDE or octaBDE in compliance with applicable State and 
    federal laws.


 
    Section 20. Penalty. A person who violates Section 15 of 
this Act is guilty of a business offense and upon conviction 
shall be subject to a fine of not less than $10,000 and not 
more than $25,000 for each violation.  

 
    Section 25. DecaBDE Study. By January 2, 2006, the Illinois 
Environmental Protection Agency, shall submit to the General 
Assembly and the Governor a report that reviews the latest 
available scientific research to address the following issues:
        (1) whether decaBDE is bio-accumulating in humans and 
    the environment, and if so, whether the levels of decaBDE 
    are increasing, decreasing, or staying the same;
        (2) how are humans exposed to decaBDE;
        (3) what health effects could result from exposure to 
    decaBDE, and are current levels of exposure at levels that 
    could produce these effects;
        (4) whether decaBDE breaks down into more harmful 
    chemicals that could damage public health; and 
        (5) whether effective flame retardants are available 
    for decaBDE uses, and whether the use of available 
    alternatives reduce health risks while still maintaining 
    an adequate level of flame retardant performance.
  
 
    Section 30. Review of decaBDE study.     By February 28, 2006, 
the Illinois Department of Public Health, shall submit to the 
General Assembly and the Governor a report that reviews the 
Illinois Environmental Protection Agency's decaBDE study.  In 
addition to a review of any public health implications the 
Department of Public Health believes would result from exposure 
to decaBDE, it shall also comment on the following:  
        (1) the known exposure pathways for humans to decaBDE; 
        (2) what scientific evidence exists to demonstrate 
    that decaBDE breaks down into other chemicals that could 
    pose public health concerns; and 
        (3) what research and analysis exists on the potential 
    human health effects of flame retardants that could be used 
    as alternatives to decaBDE.  
 
    Section 35. Transportation of products containing PBDEs. 
Nothing in this Act restricts a manufacturer, importer, or 
distributor from transporting products containing PBDEs 
through this State or storing PBDEs in this State for further 
distribution.


 
    Section 99. Effective date. This Act takes effect upon 
becoming law.