HB 385: "An Act relating to flame retardants and to the manufacture, sale, and distribution of products containing flame retardants; relating to bioaccumulative toxic chemicals; and providing for an effective date."
00 HOUSE BILL NO. 385 01 "An Act relating to flame retardants and to the manufacture, sale, and distribution of 02 products containing flame retardants; relating to bioaccumulative toxic chemicals; and 03 providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 18.31 is amended by adding new sections to read: 06 Article 4. Toxic Chemicals in Products. 07 Sec. 18.31.600. Prohibitions. (a) A person may not manufacture, sell, or 08 distribute a product that contains more than 0.1 percent by mass of pentaBDE, 09 octaBDE, or a combination of pentaBDE and octaBDE. 10 (b) A person may not manufacture, sell, or distribute a mattress, a mattress 11 pad, or upholstered furniture if the mattress, mattress pad, or upholstered furniture has 12 a textile component containing more than 0.1 percent by mass of decaBDE. 13 (c) A person may not manufacture, sell, or distribute an electronic product if 14 the electronic product has a plastic housing that contains more than 0.1 percent by
01 mass of decaBDE. 02 (d) A person may not manufacture, sell, or distribute a product that is 03 prohibited by the department under AS 18.31.610. 04 Sec. 18.31.610. Prohibition by department. (a) The department may prohibit 05 by regulation the manufacture, sale, and distribution of a product that contains a flame 06 retardant that is not a brominated flame retardant if the department determines that 07 (1) the flame retardant is harmful to public health or the environment; 08 and 09 (2) an alternative to the flame retardant exists, is safer for the public 10 health or the environment, and is available on a nationwide basis. 11 (b) Before establishing a prohibition under (a) of this section, the department 12 shall consult with the Department of Health and Social Services, and the state fire 13 marshal shall determine that the flame retardant alternative identified in (a)(2) of this 14 section satisfies applicable fire safety standards. 15 (c) In this section, "product" means 16 (1) a mattress, a mattress pad, or upholstered furniture if the mattress, 17 mattress pad, or upholstered furniture contains plastic fibers that contain the flame 18 retardant; or 19 (2) an electronic product that has a plastic housing that contains the 20 flame retardant. 21 Sec. 18.31.620. Exemptions. The prohibitions in AS 18.31.600 do not apply if 22 the product that is prohibited is part of 23 (1) a transportation vehicle or a product or part used in a transportation 24 vehicle or transportation equipment; 25 (2) a product or equipment used in an industrial, mining, or 26 manufacturing process; 27 (3) electronic wiring or cable used for power transmission; 28 (4) a used item that is resold; or 29 (5) a new item that is brought into the state before the effective date of 30 this section. 31 Sec. 18.31.630. Notification by manufacturer. A person who manufactures
01 products whose sale and distribution are prohibited by AS 18.31.600 shall inform its 02 retailers in the state of the prohibitions under AS 18.31.600 and the penalty under 03 AS 18.31.660. 04 Sec. 18.31.640. Retailer assistance. The department shall develop a program 05 to assist retailers to identify products in their inventories that violate AS 18.31.600. 06 Sec. 18.31.650. Enforcement. If the department determines that there are 07 grounds to suspect that a retailer is selling a product in violation of AS 18.31.600, the 08 department may request that, within 10 days, the manufacturer of the product 09 (1) provide the department with a sworn certificate indicating that the 10 sale of the product does not violate AS 18.31.600; or 11 (2) notify each retailer who sells the product in the state that the sale of 12 the product is prohibited by AS 18.31.600 and provide the department with a list of the 13 names and addresses of the retailers notified. 14 Sec. 18.31.660. Civil penalty. A person who violates AS 18.31.600 - 15 18.31.650 is liable to the state for a civil penalty of up to $1,000 for each violation. 16 Sec. 18.31.670. Review by departments. The department, along with and the 17 Department of Health and Social Services, shall review 18 (1) the hazards and risks of brominated flame retardants and possible 19 alternatives to brominated flame retardants; and 20 (2) the findings and rulings by the United States Environmental 21 Protection Agency that are related to brominated flame retardants and possible 22 alternatives to brominated flame retardants. 23 Sec. 18.31.680. List of toxic chemicals. (a) The department shall, in 24 consultation with the Department of Health and Social Services, establish by 25 regulation and update every three years on or before February 1 a list of persistent 26 bioaccumulative toxic chemicals that occur or are used in products used by human 27 beings. 28 (b) When establishing the list required by (a) of this section, the department 29 shall consider 30 (1) the persistent bioaccumulative toxins list prepared by the State of 31 Washington;
01 (2) the chemical data developed by the United States Environmental 02 Protection Agency under the high production volume challenge program; and 03 (3) other sources the department determines are relevant. 04 Sec. 18.31.690. Interstate clearinghouse. The department may participate in 05 the establishment and implementation of a regional multistate clearinghouse to 06 (1) assist the department to carry out the department's duties under 07 AS 18.31.600 - 18.31.790; and 08 (2) help coordinate education and outreach activities related to 09 brominated flame retardants, including risk assessments and possible alternatives to 10 brominated flame retardants. 11 Sec. 18.31.700. Regulations. In addition to the regulations allowed under 12 AS 18.31.610, the department may adopt regulations to implement AS 18.31.600 - 13 18.31.790. The department shall adopt the regulations for AS 18.31.600 - 18.31.790 14 under AS 44.62 (Administrative Procedure Act). 15 Sec. 18.31.790. Definitions for AS 18.31.600 - 18.31.790. In AS 18.31.600 - 16 18.31.790, unless the context indicates otherwise, 17 (1) "brominated flame retardant" means a flame retardant that contains 18 pentaBDE, octaBDE, or decaBDE; 19 (2) "congener" means a specific polybromodiphenyl ether molecule; 20 (3) "decaBDE" means decabromodiphenyl ether or a technical mixture 21 in which decabromodiphenyl ether is the predominant congener; 22 (4) "department" means the Department of Environmental 23 Conservation; 24 (5) "distribution" means distribution for sale or for a commercial 25 purpose; 26 (6) "electronic product" means a television, a computer, or another 27 piece of electronic equipment; 28 (7) "flame retardant" means a chemical that is added to plastic, foam, 29 or a textile to inhibit flame formation; 30 (8) "manufacture" means manufacture for sale; 31 (9) "manufacturer" means a person who
01 (A) manufactures a product or whose brand name is affixed to 02 the product; or 03 (B) imports or distributes a product in the United States if the 04 person who manufactured or assembled the product or whose brand name is 05 affixed to the product does not do business in the United States; 06 (10) "octaBDE" means octabromodiphenyl ether or a technical mixture 07 in which octabromodiphenyl ether is the predominant congener; 08 (11) "pentaBDE" means pentabromodiphenyl ether or a technical 09 mixture in which pentabromodiphenyl ether is the predominant congener; 10 (12) "persistent bioaccumulative toxic chemicals" includes 11 carcinogens, mutagens, reproductive toxicants, developmental toxicants, 12 neurotoxicants, endocrine disruptors, and other toxins; in this paragraph, 13 (A) "bioaccumulative" means increasing in concentration in 14 living organisms as the living organisms take in contaminated air, water, soil, 15 sediment, or food; 16 (B) "persistent" means remaining in the environment without 17 transformation or breakdown into another chemical form; 18 (13) "sell" includes an offer to sell; 19 (14) "technical mixture" means a mixture that is named for the 20 predominant congener and that is not exclusively composed of the predominant 21 congener; 22 (15) "transportation vehicle" means a mechanized vehicle that is used 23 to transport goods or individuals, and includes an airplane, an automobile, a 24 motorcycle, a truck, a bus, a train, and a ship. 25 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 TRANSITION: REGULATIONS. The Department of Environmental Conservation 28 may proceed to adopt regulations necessary to implement this Act. The regulations take effect 29 under AS 44.62 (Administrative Procedure Act), but not before the effective date of the 30 statutory changes. 31 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to
01 read: 02 TRANSITION: FIRST LIST. On or before February 1, 2012, the Department of 03 Environmental Conservation shall establish the first list required by AS 18.31.680, added by 04 sec. 1 of this Act. 05 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section to 06 read: 07 REVISOR'S INSTRUCTION. Wherever "chapter" appears in AS 18.31.010 - 08 18.31.500, the revisor of statutes shall substitute "AS 18.31.010 - 18.31.500." 09 * Sec. 5. Section 2 of this Act takes effect immediately under AS 01.10.070(c). 10 * Sec. 6. Except as provided in sec. 5 of this Act, this Act takes effect January 1, 2011.