February Session, 2006
LCO No. 5151
REP. O'ROURKE, 32nd Dist.
REP. URBAN, 43rd Dist.
REP. WILLIS, 64th Dist.
REP. MEGNA, 97th Dist.
REP. FONTANA, 87th Dist.
"AN ACT CONCERNING BROWNFIELDS. "
After the last section, add the following and renumber sections and internal references accordingly:
"Sec. 501. (NEW) (Effective October 1, 2006) As used in this section and sections 502 and 503 of this act:
(1) "Household textiles" means mattresses, mattress pads, comforters, drapes or upholstered furniture intended for indoor use in a residence;
(2) "Manufacturer" means any person, firm, association, partnership corporation, governmental entity, organization or joint venture that produces a product containing polybrominated diphenyl ethers or an importer or domestic distributor of a noncomestible product containing polybrominated diphenyl ethers;
(3) "Penta-bde" means pentabromodiphenylether;
(4) "Octa-bde" means octabromodiphenylether;
(5) "Deca-bde" means decabromodiphenylether;
(6) "Polybrominated diphenyl ethers" means chemical forms that consist of diphenyl ethers bound with bromine atoms including, but not limited to, penta-bde, octa-bde and deca-bde;
(7) "Commercial deca-bde" means deca-bde and any associated polybrominated diphenyl ether impurities not intentionally added, provided no single such impurity exceeds one per cent by mass of the mixture and the combination of all polybrominated diphenyl ether impurities do not exceed four per cent by mass of the mixture;
(8) "Alternative flame retardant" means a chemical other than a polybrominated diphenyl ether that is added to a product to inhibit the spread of flames;
(9) "Used product" means a product that has been previously owned, purchased or sold in commerce. "Used product" does not mean any product manufactured after January 1, 2006; and
(10) "Electric enclosure" means the plastic housing that encloses the components of electronic products, including, but not limited to, televisions and computers.
Sec. 502. (NEW) (Effective October 1, 2006) (a) Except as provided in subsections (b) and (c) of this section, on and after January 1, 2007, no person shall manufacture or sell, offer for sale or distribute for sale or use a product containing penta-bde or octa-bde. On or after January 1, 2010, no person may manufacture or sell, offer for sale or distribute for sale or use any television, computer, facsimile machine or printer that has an electronic enclosure that contains commercial deca-bde or a household textile that contains commercial deca-bde. The manufacturer shall notify persons that sell the manufacturer's products about the provisions of this section.
(b) The following uses of polybrominated diphenyl ethers are permitted: (1) The sale or distribution by a business, charity or private party of any used product containing polybrominated diphenyl ethers, or (2) the manufacture, sale or distribution of any new product or product component consisting of recycled or used materials containing commercial deca-bde.
(c) A manufacturer of a product prohibited pursuant to subsection (a) of this section may apply to the Commissioner of Environmental Protection for an exemption for a specific use of a commercial deca-bde. Said application shall be accompanied by a fee of one hundred dollars. The commissioner may grant an exemption upon a finding that (1) a technically feasible alternative to the use of the commercial deca-bde is not available at a reasonable cost, or (2) the potential harm to public health and the environment posed by a technically feasible and available alternative is greater than the potential harm posed by the commercial deca-bde. The commissioner may not grant an exemption for a term of more than three years. An exemption may be renewed upon submission of an application to the commissioner, accompanied by a fee of one hundred dollars, provided the commissioner finds that the use continues to meet the criteria of this subsection.
Sec. 503. (NEW) (Effective October 1, 2006) (a) On and after January 1, 2010, no person shall manufacture or sell, offer for sale or distribute for sale or use any television, computer, facsimile machine or printer that has an electronic enclosure that contains an alternative flame retardant or a household textile that contains an alternative flame retardant unless the manufacturer of the product or a trade association representing manufacturers of the product has provided chemical safety data on the alternative flame retardants to the Commissioner of Environmental Protection on a form prescribed by the commissioner.
(b) Information submitted pursuant to subsection (a) of this section shall be considered a trade secret for purposes of section 1-210 of the 2006 supplement to the general statutes.
(c) The Commissioner of Environmental Protection may adopt regulations, in accordance with chapter 54 of the general statutes, to prohibit the manufacture, sale, offer for sale or distribution for sale or use of an alternative flame retardant on and after January 1, 2010, if the Commissioner of Environmental Protection, in consultation with the Commissioner of Public Health, determines that there is credible scientific evidence that demonstrates that the alternative flame retardant poses a risk to human health or the environment.
Sec. 504. (NEW) (Effective October 1, 2006) Any person who violates any provision of section 502 or 503 of this act shall pay a civil penalty of not more than one hundred dollars for each offense and, in the case of a continuing violation, each day's continuance thereof shall be a separate and distinct offense. The Attorney General, upon complaint of the Commissioner of Environmental Protection, shall institute an action in the superior court for the judicial district of Hartford to recover such penalty. "