Full Text of HB1421 95th General Assembly
HB1421eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning public safety.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Brominated Fire Retardant Prevention Act is | 5 |
| amended by changing Sections 1, 5, 10, and 15 and by adding | 6 |
| Sections 17 and 19 as follows: | 7 |
| (410 ILCS 48/1)
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| Sec. 1. Short title. This Act may be cited as the Toxic
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| Brominated Fire Retardant
Prevention Act.
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| (Source: P.A. 94-100, eff. 7-1-05.) | 11 |
| (410 ILCS 48/5)
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| Sec. 5. Legislative findings. | 13 |
| (a) Chemicals known as brominated flame retardants (BFR's) | 14 |
| are widely used in the United States. To meet stringent fire | 15 |
| standards, manufacturers add BFR's to a multitude of products, | 16 |
| including plastic housing of electronics and computers, | 17 |
| circuit boards, and the foam and textiles used in furniture. | 18 |
| (b) Polybrominated diphenyl ether (PBDE), which is a | 19 |
| subcategory of BFR's, has increased forty-fold in human breast | 20 |
| milk since the 1970s. | 21 |
| (c) PBDE has the potential to disrupt thyroid hormone | 22 |
| balance and contribute to a variety of developmental deficits, |
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| including low intelligence and learning disabilities. PBDE may | 2 |
| also have the potential to cause cancer. | 3 |
| (d) Substantial efforts to eliminate PBDE
BFR's from | 4 |
| products have been made throughout the world , including private | 5 |
| and public sectors . These efforts have made available numerous | 6 |
| alternative flame retardants that meet
alternatives safe to | 7 |
| human health while meeting stringent fire standards. To meet | 8 |
| market demand, it is in the interest of State manufacturers to | 9 |
| eliminate the use of PBDE
BFR's . | 10 |
| (e) In order to protect the public health and the | 11 |
| environment, the General Assembly believes it is necessary for | 12 |
| the State to develop a precautionary approach regarding the | 13 |
| production, use, storage, and disposal of products containing | 14 |
| brominated fire retardants.
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| (Source: P.A. 94-100, eff. 7-1-05.) | 16 |
| (410 ILCS 48/10)
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| Sec. 10. Definitions. In this Act: | 18 |
| "Agency" means the Illinois Environmental Protection | 19 |
| Agency. | 20 |
| "Brominated flame retardant" and "BFR" mean any chemical | 21 |
| containing the element bromine that may be added to a plastic, | 22 |
| foam, or textile to inhibit flame formation.
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| "DecaBDE" means decabromodiphenyl ether. | 24 |
| "OctaBDE" means octabromodiphenyl ether. | 25 |
| "PBDE" means polybrominated diphenyl ether. |
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| "PentaBDE" means pentabromodiphenyl ether.
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| (Source: P.A. 94-100, eff. 7-1-05.) | 3 |
| (410 ILCS 48/15)
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| Sec. 15. Regulation of brominated flame retardant. | 5 |
| (a) Effective January 1, 2006, a person may not | 6 |
| manufacture, process, or distribute in commerce a product or a | 7 |
| flame-retarded part of a product containing more than one-tenth | 8 |
| of 1% of pentaBDE or octaBDE. | 9 |
| (b) Subsection (a) of this Section does not apply to the | 10 |
| following:
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| (1) The sale by a business, charity, or private party | 12 |
| of any used product containing PBDE. | 13 |
| (2) The distribution in commerce of original equipment | 14 |
| manufacturer replacement service parts manufactured prior | 15 |
| to the effective date of this Act. | 16 |
| (3) The processing of recycled material containing | 17 |
| pentaBDE or octaBDE in compliance with applicable State and | 18 |
| federal laws.
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| (c) Beginning January 1, 2011, a person may not | 20 |
| manufacture, process, or knowingly sell, offer for sale, | 21 |
| distribute for sale, or distribute for use a mattress, mattress | 22 |
| pad, an article of furniture, or any other product intended for | 23 |
| indoor residential use if the product has a textile component | 24 |
| containing decaBDE. | 25 |
| (d) Beginning January 1, 2011, a person may not |
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| manufacture, process, or knowingly sell, offer for sale, | 2 |
| distribute for sale, or distribute for use a television, | 3 |
| computer, or other electronic device if the exterior casing of | 4 |
| the devices contains decaBDE. | 5 |
| (e) Subsections (c) and (d) of this Section do not apply to | 6 |
| the following: | 7 |
| (1) Any sale of any used product that contains decaBDE. | 8 |
| (2) The processing of recycled material containing | 9 |
| decaBDE in compliance with applicable State and federal | 10 |
| laws.
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| (3) Vehicles used for transportation or products or | 12 |
| parts used in such vehicles. | 13 |
| (4) Medical devices used to help diagnose, care, treat, | 14 |
| or prevent a disease or other health concern.
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| (Source: P.A. 94-100, eff. 7-1-05.) | 16 |
| (410 ILCS 48/17 new) | 17 |
| Sec. 17. Manufacturer responsibilities. | 18 |
| (a) A manufacturer of a product restricted under | 19 |
| subsections (c) and (d) of Section 15 of this Act must notify | 20 |
| persons that sell or distribute the manufacturer's product of | 21 |
| the requirements of this Act no later than January 1, 2008. | 22 |
| (b) Effective January 1, 2011, a person who manufactures a | 23 |
| product or product component that contains decaBDE and is not | 24 |
| regulated under subsection (d) of Section 15 of this Act must | 25 |
| provide written notice to the Agency in accordance with this |
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| subsection. A product or a component of a product containing | 2 |
| decaBDE may not be knowingly offered for final sale, use, or | 3 |
| distribution after the effective date of this subsection unless | 4 |
| the notice has been provided to the Agency. A trade association | 5 |
| representing manufacturers of products may act to fulfill the | 6 |
| responsibilities of individual manufacturers under this | 7 |
| subsection. The notice must include the following information | 8 |
| on a form provided by the Agency: | 9 |
| (1) a brief description of the product or product | 10 |
| component; | 11 |
| (2) the amount of decaBDE in each unit of the product | 12 |
| or product component, reported as an exact number, as an | 13 |
| average per product or component with an upper or lower | 14 |
| limit, or as falling within a range approved by the Agency; | 15 |
| (3) the total amount of decaBDE in all units of the | 16 |
| product or product components sold in the United States | 17 |
| during the most recent calendar year for which sales | 18 |
| figures are available, reported either for the units or | 19 |
| components sold by the manufacturer or as aggregated by a | 20 |
| manufacturer trade association for all units of the product | 21 |
| or components made by the industry; and | 22 |
| (4) the name and address of the manufacturer and the | 23 |
| name, address, and phone number of a contact person for the | 24 |
| manufacturer. | 25 |
| (c) With the approval of the Agency, the manufacturer may | 26 |
| supply the information required in this Section for a product |
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| category rather than an individual product. The manufacturer | 2 |
| shall update and revise the information in the notification | 3 |
| whenever there is significant change in the information or when | 4 |
| requested by the Agency. The information required under item | 5 |
| (3) of subsection (b) of this Section must be updated and | 6 |
| provided to the Agency every 3 years. | 7 |
| (d) Notwithstanding item (2) of subsection (b) of this | 8 |
| Section, the manufacturer of a product containing one or more | 9 |
| components containing decaBDE is not required to include | 10 |
| information on the amount of decaBDE in the component in the | 11 |
| notice to the Agency, if the component manufacturer has | 12 |
| provided that information to the Agency and the manufacturer of | 13 |
| the product that contains the component identifies the | 14 |
| component and component manufacturer in the notice. | 15 |
| (e) An importer of a product or product component from a | 16 |
| foreign country may not sell, use, or distribute the product or | 17 |
| product component in the State unless the manufacturer of the | 18 |
| product or product component is in compliance with this | 19 |
| Section, except that this prohibition does not apply to | 20 |
| retailers for whom importing is not a primary business.
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| (410 ILCS 48/19 new) | 22 |
| Sec. 19. Interstate clearinghouse. The Agency may | 23 |
| participate in the establishment and implementation of a | 24 |
| regional, multistate clearinghouse to assist in carrying out | 25 |
| the requirements of this Act and to help coordinate education |
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| and outreach activities, review hazard and alternatives | 2 |
| assessments, and any other activities related to the | 3 |
| administration of this Act. The Agency may provide the | 4 |
| interstate clearinghouse with product information submitted to | 5 |
| the Agency under Section 17 of this Act and the Agency and the | 6 |
| interstate clearinghouse may compile or publish analyses or | 7 |
| summaries of the information.
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| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.
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