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S.F. No. 651 - Polybrominated Diphenyl Ether (PBDE) Manufacture, Sale Restrictions (Fourth Engrossment)
Author: Senator Sandra Pappas
Prepared by: Darlene Sliwa, Senate Research (651/296-1890)
Date: April 21, 2008

Section 1, subdivision 3 (Commercial Decabromodiphenyl Ether), prohibits the manufacture, processing, or distribution of the following products, containing more than one-tenth of one percent of commercial decabromodiphenyl ether by mass, beginning July 1, 2012: the exterior casing of a television; computer or monitor; upholstered furniture or textiles intended for indoor residential use; and mattresses and mattress pads. Exempts the sale of used products by a business, charity, public entity, or private party. Provides that retailers may exhaust their stock after the ban goes into effect. Provides that the section does not restrict transport or storage of the banned products in the state.

Subdivision 4 (Alternatives Assessment), requires the Commissioners of the Pollution Control Agency, the Department of Health, and the Department of Commerce and state fire officials to report to the legislature about technical and economic equivalents to decabromodiphenyl ether that have a lower health risk and meet fire safety standards. Provides that the prohibition in subdivision 3 will not take effect unless an alternative is available as specified.

Subdivision 5 (Exemption Process), paragraph (a) provides that a manufacturer or user of the banned product may apply for an exemption by filing a written request with the Commissioner of the Pollution Control Agency. Exemptions are granted for a maximum of three years and are renewable. Provides that the written request must include specified information.

Paragraph (b) authorizes the Commissioner to grant an exemption for a specific use of decabromodiphenyl ether upon the finding that there is no alternative that performs the same technical function, is commercially available, is economically practicable, and provides net health and environmental benefits to the state.

Subdivision 6 (Fees for Exemption Applicants), provides that the application fee for an exemption is $2,000, which must be deposited in the environmental fund.

Section 2, subdivision 3 (Participation in Interstate Clearinghouse), authorizes the Commissioner to participate in a regional or national multistate clearinghouse to assist in carrying out the requirements of the section. Provides that the clearinghouse may maintain information on behalf of Minnesota, including a list of all products that contain polybrominated diphenyl ethers and information on all exemptions granted by the state.

DS/syl




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