Full Text of HB2572 94th General Assembly
HB2572enr 94TH GENERAL ASSEMBLY
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HB2572 Enrolled |
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| AN ACT concerning 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 1. Short title. This Act may be cited as the | 5 |
| Brominated Fire Retardant Prevention Act. | 6 |
| Section 5. Legislative findings. | 7 |
| (a) Chemicals known as brominated flame retardants (BFR's) | 8 |
| are widely used in the United States. To meet stringent fire | 9 |
| standards, manufacturers add BFR's to a multitude of products, | 10 |
| including plastic housing of electronics and computers, | 11 |
| circuit boards, and the foam and textiles used in furniture. | 12 |
| (b) Polybrominated diphenyl ether (PBDE), which is a | 13 |
| subcategory of BFR's, has increased forty-fold in human breast | 14 |
| milk since the 1970s. | 15 |
| (c) PBDE has the potential to disrupt thyroid hormone | 16 |
| balance and contribute to a variety of developmental deficits, | 17 |
| including low intelligence and learning disabilities. PBDE may | 18 |
| also have the potential to cause cancer. | 19 |
| (d) Substantial efforts to eliminate BFR's from products | 20 |
| have been made throughout the world, including private and | 21 |
| public sectors. These efforts have made available numerous | 22 |
| alternatives safe to human health while meeting stringent fire | 23 |
| standards. To meet market demand, it is in the interest of | 24 |
| State manufacturers to eliminate the use of BFR's. | 25 |
| (e) In order to protect the public health and the | 26 |
| environment, the General Assembly believes it is necessary for | 27 |
| the State to develop a precautionary approach regarding the | 28 |
| production, use, storage, and disposal of products containing | 29 |
| brominated fire retardants. | 30 |
| Section 10. Definitions. In this Act: | 31 |
| "DecaBDE" means decabromodiphenyl ether. |
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| "OctaBDE" means octabromodiphenyl ether. | 2 |
| "PBDE" means polybrominated diphenyl ether. | 3 |
| "PentaBDE" means pentabromodiphenyl ether. | 4 |
| Section 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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| Section 20. Penalty. A person who violates Section 15 of | 20 |
| this Act is guilty of a business offense and upon conviction | 21 |
| shall be subject to a fine of not less than $10,000 and not | 22 |
| more than $25,000 for each violation.
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| Section 25. DecaBDE Study. By January 2, 2006, the Illinois | 24 |
| Environmental Protection Agency, shall submit to the General | 25 |
| Assembly and the Governor a report that reviews the latest | 26 |
| available scientific research to address the following issues: | 27 |
| (1) whether decaBDE is bio-accumulating in humans and | 28 |
| the environment, and if so, whether the levels of decaBDE | 29 |
| are increasing, decreasing, or staying the same; | 30 |
| (2) how are humans exposed to decaBDE; | 31 |
| (3) what health effects could result from exposure to | 32 |
| decaBDE, and are current levels of exposure at levels that | 33 |
| could produce these effects; |
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| (4) whether decaBDE breaks down into more harmful | 2 |
| chemicals that could damage public health; and | 3 |
| (5) whether effective flame retardants are available | 4 |
| for decaBDE uses, and whether the use of available | 5 |
| alternatives reduce health risks while still maintaining | 6 |
| an adequate level of flame retardant performance.
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| Section 30. Review of decaBDE study. By February 28, 2006, | 8 |
| the Illinois Department of Public Health, shall submit to the | 9 |
| General Assembly and the Governor a report that reviews the | 10 |
| Illinois Environmental Protection Agency's decaBDE study. In | 11 |
| addition to a review of any public health implications the | 12 |
| Department of Public Health believes would result from exposure | 13 |
| to decaBDE, it shall also comment on the following: | 14 |
| (1) the known exposure pathways for humans to decaBDE; | 15 |
| (2) what scientific evidence exists to demonstrate | 16 |
| that decaBDE breaks down into other chemicals that could | 17 |
| pose public health concerns; and | 18 |
| (3) what research and analysis exists on the potential | 19 |
| human health effects of flame retardants that could be used | 20 |
| as alternatives to decaBDE. | 21 |
| Section 35. Transportation of products containing PBDEs. | 22 |
| Nothing in this Act restricts a manufacturer, importer, or | 23 |
| distributor from transporting products containing PBDEs | 24 |
| through this State or storing PBDEs in this State for further | 25 |
| distribution.
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| Section 99. Effective date. This Act takes effect upon | 27 |
| becoming law. |
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