Restricts the use of decabromodiphenyl ether in certain products

1 Co-sponsor

• Tony Avella

BILL NUMBER:S2201

Title of bill

An act to amend the environmental conservation law, in relation to restricting the use of certain ethers in certain products

Purpose or general idea of bill

To protect the environment and public health by prohibiting the manufac- ture, process or distribution of the brominated flame retardant decabro- minated diphenyl ether (decaBDE).

Summary of specific provisions

Section two of the bill defines "covered electronic device" and "Deca- bromodiphenyl ether."

Section three of the bill adds a new section 37-0112 to establish a timeline for the prohibition of the manufacture, process or distribution of products containing commercial decaBDE and to permit retailers to sell through their supply of products.

Section four contains the effective date.

Effects of present law which this bill would alter

This legislation adds subdivisions (7) and (8) to §37-0101 as well as a new §37-0112 to the Environmental Conservation Law.

Justification

Chapter 387 of 2004 prohibited the manufacture, process, or distribution of two forms of brominated flame retardants known as pentabrominated diphenyl ether (pentaBDE) and octabrominated diphenyl ether (octaBDE) due to their prevalence in the environment and research suggesting that they cause permanent neurological and developmental damage including deficits in learning, memory and hearing, changes in behavior, and delays in sensory-motor development. A third form of PBDE, decabrominat- ed diphenyl ether (decaBDE), has been the most widely used of the three formulations, exceeding 60,000 metric tons worldwide with 40 percent of the use occurring here in North America. It has widespread persistence in the environment and our homes, accumulating in dust, food, and our bodies, as shown in samples of blood and breast milk. DecaBDE has been shown to pose the same public health dangers as its banned counterparts. DecaBDE also breaks down, either by natural environmental processes or when metabilized, into PBDE congeners that are predominantly found in the now prohibited pentaBDE and octaBDE.

In December 2009, the Environmental Protection Agency (EPA) entered into agreements with DecaBDE manufacturers to phase out the production, importation and sales for most uses by December 31, 2012 and for most uses by 2013. This legislation would codify that agreement.

Prior legislative history

2007-08: A.7977-B (Sweeney) - Passed Assembly 2009-10: S.8181 - Referred to Rules

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect immediately.