File No. 670

House of Representatives, April 17, 2008

The Committee on Appropriations reported through REP. MERRILL of the 54th Dist., Chairperson of the Committee on the part of the House, that the substitute bill ought to pass.

AN ACT BANNING CHILDREN'S PRODUCTS CONTAINING LEAD, PHTHALATES OR BISPHENOL-A.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (e) of section 21a-335 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2009):

(e) "Hazardous substance" means: (1) (A) Any substance or mixture of substances which (i) is toxic, (ii) is corrosive, (iii) is an irritant, (iv) is a strong sensitizer, (v) is flammable or combustible, or (vi) generates pressure through decomposition, heat or other means, if such substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children; (B) any substances which the administrator by regulation finds meet the requirements of subdivision (1) (A) of this subsection pursuant to the provisions of subsections (b) and (c) of section 21a-336; (C) any substance classified as a hazardous substance pursuant to federal regulations adopted under the authority of the federal Hazardous Substances Act (15 USC 1261 et seq.); (D) any radioactive substance, if, with respect to such substance as used in a particular class of article or as packaged, the administrator determines by regulation that the substance is sufficiently hazardous to require labeling in accordance with this section and sections 21a-336 to 21a-346, inclusive, in order to protect the public health; (E) any toy or other article (i) intended for use by children which the administrator by regulation determines in accordance with subsection (a) or (b) of section 21a-336 presents an electrical, mechanical or thermal hazard, (ii) marketed for the use of children under the age of twelve years, containing lead in concentrations exceeding forty parts per million, or Di(2-ethylhexyl) phthalate (DEHP), dibutylphthalate (DBP) or butyl benzyl phthalate (BBP), in concentrations exceeding one-tenth of one per cent, or (iii) capable of being put in a child's mouth, containing Diisononyl phthalate (DINP), diisodecyl phthalate (DIDP) or di-n-octylphthalate (DnOP), in concentrations exceeding one-tenth of one per cent or containing bisphenol-A; (2) "hazardous substance" shall not apply to economic poisons subject to the federal Insecticide, Fungicide and Rodenticide Act or chapter 441 nor to foods, drugs and cosmetics subject to chapter 418, nor to substances intended for use as fuels when stored in containers and used in the heating, cooking or refrigeration system of a house, but such term shall apply to any article which is not itself an economic poison within the meaning of the federal Insecticide, Fungicide and Rodenticide Act or said chapter 441 but which is a hazardous substance within the meaning of subdivision (1) of this subsection by reason of bearing or containing such an economic poison; and (3) "hazardous substance" shall not include any source material, special nuclear material or by-product material as defined in the Atomic Energy Act of 1954, as amended, and regulations issued pursuant thereto by the Atomic Energy Commission.

Sec. 2. (NEW) (Effective from passage) The Commissioner of Environmental Protection may participate in an interstate clearinghouse to (1) classify chemicals existing in commercial goods into one of four categories, those of: (A) High concern, (B) moderate concern, (C) low concern, or (D) unknown concern; (2) organize and manage available data on chemicals, including, but not limited to, information on uses, hazards and environmental concerns associated with chemicals; (3) produce and inventory information on safer alternatives to specific uses of chemicals and model policies and programs related to such alternatives; (4) provide technical assistance to businesses and consumers relating to safer chemicals; and (5) other activities related to this section.

The following fiscal impact statement and bill analysis are prepared for the benefit of members of the General Assembly, solely for the purpose of information, summarization, and explanation, and do not represent the intent of the General Assembly or either chamber thereof for any purpose:

OFA Fiscal Note

State Impact:

Note: GF=General Fund

Municipal Impact: None

Explanation

The bill results in a cost to the Department of Consumer Protection of approximately $160,000 in FY 09 and $123,000 in FY 10. The cost in FY 09 includes two Consumer Protection Inspectors ($109,000) plus other expenses ($14,000) and one-time equipment ($37,000). The cost of personnel and other expenses will continue into FY 10 and beyond. The additional personnel and related equipment is necessary due to the increased standards for lead safety contained within the bill. Additional fringe benefit costs of approximately $63,000 per year are associated with the two positions.

The bill could result in a cost to the Department of Environmental Protection (DEP) of about $3,500 in FY 09 and $3,600 in FY 10 since it allows the commissioner to participate in an interstate clearinghouse.

sHB 5021, the budget bill as favorably reported by the Appropriations Committee, includes $250,000 in FY 09 for the purposes of the clearinghouse and $160,000 for the purposes of additional staff and related other expenses within the Department of Consumer Protection.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.



OLR Bill Analysis

sHB 5601

AN ACT BANNING CHILDREN'S PRODUCTS CONTAINING LEAD, PHTHALATES OR BISPHENOL-A.

SUMMARY:

This bill (1) bans children's toys and articles that contain lead and certain other chemical compounds and (2) authorizes the Department of Environmental Protection (DEP) commissioner to take part in an interstate clearinghouse to classify chemicals according to the risks they pose.

EFFECTIVE DATE: July 1, 2009, except the interstate clearinghouse provision is effective upon passage.

BAN ON CERTAIN TOYS AND OTHER CHILDREN'S PRODUCTS

The law prohibits the introduction or delivery into commerce of a banned hazardous substance (CGS § 21a-337). By law, this includes a toy or other article intended for children's use that contains a hazardous substance (CGS § 21a-335(p)). The bill specifically defines as a hazardous substance in this context, a toy or other article:

1. marketed for children age 12 or younger containing more than (a) 40 parts per million (ppm) of lead, or (b) di(2-ethylhexyl) phthalate (DEHP), dibutylphthalate (DBP), or butyl benzyl phthalate (BBP) in concentrations greater than one-tenth of 1%; or

2. capable of being put in a child's mouth, containing (a) diisononyl phthalate (DINP), diisodecyl phthalate (DIDP), or di-n-octylphthalate (DnOP), in concentrations greater than one-tenth of 1%; or (b) bisphenol-A.

By law, a first-time violation is a class C misdemeanor, punishable by up to three months in prison, a fine of up to $500, or both. A subsequent offense or offense committed with intent to defraud or mislead is an unclassified misdemeanor punishable by up to one year in prison, a fine of up to $3,000, or both.

INTERSTATE CLEARINGHOUSE

The bill authorizes the commissioner to participate in an interstate clearinghouse to (1) classify chemicals used in commercial products according to whether they are of high, moderate, low, or unknown concern and (2) organize and manage available data on chemicals. The data must include information on their use, hazards, and environmental concerns. The commissioner, through the clearinghouse, may also (1) produce and inventory information on (a) safe alternatives to specific chemical uses and (b) model policies and programs related to these alternatives and (2) provide technical assistance to businesses and consumers regarding safer chemical alternatives. She may participate in other related activities.

BACKGROUND

Bisphenol-A

Bisphenol-A is an industrial chemical used to make polycarbonate plastics found in such products as beverage containers, compact discs, protective food can linings, plastic dinnerware, and epoxy resins. In laboratory animal tests, it has been shown to have hormone-like effects on the reproductive system.

Phthalates

Phthalates are a group of chemicals used primarily to add flexibility to plastics. DEHP, for example, is used in polyvinyl chloride (PVC) plastics, including medical supplies and tubing. Tests of laboratory animals have shown that exposure to DEHP can cause adverse effects on development and reproduction. The European Parliament has banned the use of DEHP, DBP, and BBP in children's toys or childcare articles. It has restricted the use of DINP, DIDP, and DNOP to toys and childcare articles that cannot be placed in the mouth.

Legislative History

The House referred the bill (File 110) to the Appropriations Committee, which eliminated provisions requiring the (1) DEP commissioner to compile a list of harmful chemicals and (2) UConn Board of Trustees to establish an Innovation Institute to help Connecticut industries evaluate hazardous substances. It also (1) eliminated language restricting the ban on certain items capable of being placed in a child's mouth to those items marketed for the use by children under age three, (2) postponed the effective date of the product ban by six months, (3) moved up the date that the commissioner may take part in the clearinghouse, and (4) made conforming changes.

COMMITTEE ACTION

Environment Committee

Joint Favorable

Appropriations Committee

Joint Favorable Substitute

¹ The fringe benefit costs for state employees are budgeted centrally in the Miscellaneous Accounts administered by the Comptroller. The first year fringe benefit costs for new positions do not include pension costs. The estimated first year fringe benefit rate as a percentage of payroll is 25.36%. The state's pension contribution is based upon the prior year's certification by the actuary for the State Employees Retirement System (SERS). The SERS fringe benefit rate is 33.27%, which when combined with the rate for non-pension fringe benefits totals 58.63%.