Connecticut Seal

General Assembly

 

Substitute Bill No. 5805

    February Session, 2008

*_____HB05805ENV___031308____*

AN ACT CONCERNING TOXIC SUBSTANCES.

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

Section 1. (NEW) (Effective October 1, 2008) (a) For the purposes of this section, "APEs" or "alkylphenol ethoxylates" means a synthetic surfactant of the alkylphenol family, including, but not limited to, nonylphenol ethoxylates. On and after January 1, 2010, no person, firm or corporation may use, sell, offer or expose for sale, give or furnish for commercial, institutional or industrial use any cleaning product or laundry product that contains APEs in this state. On and after January 1, 2012, no person, firm or corporation may use, sell, offer or expose for sale, give or furnish any household cleaning product, laundry product or personal care product that contains APEs in this state.

(b) Each manufacturer of a product containing APEs that is sold in this state shall notify its distributors of the requirements of this section.

(c) Any person who violates any provision of this section shall be fined in accordance with section 22a-438 of the general statutes.

(d) The commissioner may participate in the establishment and implementation of a regional, multistate organization or compact to assist in carrying out the requirements of this section.

Sec. 2. Section 22a-463 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2008):

As used in sections 22a-463 to 22a-469, inclusive, and section 3 of this act:

[(a)] (1) "Commissioner" means the Commissioner of Environmental Protection.

[(b)] (2) "PCB" means the class of organic compounds known as polychlorinated biphenyls or terphenyls and includes any of several compounds produced by replacing two or more hydrogen atoms on the biphenyl or terphenyl molecule with chlorine.

[(c)] (3) "Incidental amounts of PCB" means amounts of the compound PCB in an item, product or material which are beyond the control of the person manufacturing, selling for use, or using such item, product or material.

(4) "Polybrominated flame retardant" means the class of chemicals containing the element bromine that is added to a plastic, foam or textile to inhibit flame, including the penta, octa and deca mixtures of polybrominated diphenyl ethers.

Sec. 3. (NEW) (Effective July 1, 2008) (a) (1) On and after July 1, 2008, no person may sell, offer to sell or distribute for promotional purposes a product containing more than one-tenth of one per cent of the penta or octa mixtures of polybrominated diphenyl ethers in this state. (2) On and after January 1, 2010, no person may manufacture, sell, offer for sale, distribute for sale or use the following products that have fibers containing the deca mixture of polybrominated diphenyl ethers in this state: (A) A mattress or mattress pad, or (B) upholstered furniture intended for indoor residential or office use. (3) On and after January 1, 2011, no person shall manufacture, sell, offer for sale, distribute for sale or use a television or computer that has a plastic housing containing the deca mixture of polybrominated diphenyl ethers in this state.

(b) The provisions of subsection (a) of this section shall not apply to the following products containing the deca mixture of polybrominated diphenyl ethers: (1) (A) Motor vehicles including, but not limited to, vehicles used for transportation, such as cars, buses, trains and airplanes, or (B) any products, equipment or parts for use in such vehicles, (2) products or equipment used in industrial or manufacturing processes, (3) electronic wiring and cable used for power transmission, or (4) products listed in subsection (a) of this section that were manufactured prior to the dates specified in said subsection.

(c) Any manufacturer of a product containing polybrominated flame retardants that is sold in this state shall notify its distributors of the requirements of this section.

(d) If the commissioner suspects that a product is being offered for sale in violation of subdivision (2) or (3) of subsection (a) of this section, the commissioner may request the manufacturer of the product to provide a certificate of compliance. Not later than ten days after the receipt of such request, the manufacturer shall (1) provide the commissioner with a certificate attesting that the product complies with the requirements of this section, or (2) notify all of the persons who sell the manufacturer's products in this state that the sale of the product is prohibited and provide the commissioner with a list of the names and addresses of those notified. The commissioner may enforce the provisions of this section.

(e) For the purposes of this section, "manufacturer" means the person who manufactured the final product or whose brand name is affixed to the product. "Manufacturer" includes the importer or domestic distributor in the case of a product that was imported into the United States if the manufacturer does not have a presence in the United States.

(f) The commissioner may participate in the establishment and implementation of a regional, multistate organization or compact to assist in carrying out the requirements of this section.

Sec. 4. (NEW) (Effective October 1, 2008) If the Commissioner of Environmental Protection determines (1) that a flame retardant is harmful to the public health and the environment, (2) that an alternative to the flame retardant is nationally available, and (3) in consultation with the State Fire Marshal, that the alternative meets applicable fire safety standards, the commissioner may adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to prohibit the manufacture, sale or distribution of products containing such flame retardants in this state.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2008

New section

Sec. 2

July 1, 2008

22a-463

Sec. 3

July 1, 2008

New section

Sec. 4

October 1, 2008

New section

ENV

Joint Favorable Subst.