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 Subsection (e) of section 21a-335 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2009):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) marketed for the use of children under the age of three years and 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 or other chemical included on the list compiled by the Department of Environmental Protection pursuant to section 2 of this act; (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; (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 October 1, 2008) (a) The Commissioner of Environmental Protection shall compile a list of substances determined, in peer-reviewed scientific studies or federal government publications, to pose significant risk to human health, including, but not limited to, substances that: (1) Cause cancer, (2) harm human reproduction or development, (3) are neurotoxic, (4) disrupt hormonal rhythms, or (5) are toxic.

(b) 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.

Sec. 3. (NEW) (Effective from passage) On or before October 1, 2008, the Board of Trustees of The University of Connecticut shall establish an Innovation Institute which shall be affiliated with The University of Connecticut Health Center. The purpose of the institute shall be to help Connecticut industries evaluate hazardous substances, as defined in section 21a-335 of the general statutes, as amended by this act, in production and materials, and to suggest safer alternatives. Not later than twelve months after the date of its establishment, the institute shall have: (1) Completed an assessment of key chemical uses in Connecticut, taking into consideration (A) REACH registration or authorization list, (B) the amount of chemicals used, and (C) the perceived hazard or concern for occupational or environmental effects; (2) created a web site containing links on safer chemical alternatives, information on substances of concern, chemical policy development and related information; and (3) identified resources for developing a more complete understanding of the state economy in relation to carcinogens and chemical use, including, but not limited to, products made, exporting markets, emerging technologies or products, estimates of potential health and economic costs of chemical-related illness, and Connecticut cancer rates and the rates of other chemical-related conditions such as asthma, neurotoxicity and endocrine disruption, and patterns in relation to potential chemical exposures.

Statement of Purpose:

To expand the list of hazardous substances that toys and other children's products may not contain, to require the Commissioner of Environmental Protection to compile a list of chemicals of concern, and to create an Innovation Institute at The University of Connecticut.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]