PENTA-BDE H.B. 4406 (S-1): FLOOR ANALYSIS
House Bill 4406 (Substitute S-1 as reported)
Sponsor: Representative Chris Kolb
House Committee: Land Use and Environment
Senate Committee: Natural Resources and Environmental Affairs
CONTENT
The bill would amend the Natural Resources and Environmental Protection Act to prohibit a person from manufacturing, processing, or distributing a product or material containing more than 0.1% of penta-BDE, beginning June 1, 2006. A violation would be a misdemeanor punishable by a fine of at least $2,500 but not more than $25,000. Each day that a violation continued would be a considered a separate violation.
The prohibition would not apply to 1) original equipment manufacturer replacement parts; or 2) the processing of recyclables containing penta-BDE in compliance with applicable Federal, State, and local law.
The bill is tie-barred to Senate Bill 1458. Senate Bill 1458 (S-2), as passed by the Senate, would prohibit a person from manufacturing, processing, or distributing a product or material containing more than 0.1% of octa-BDE, beginning June 1, 2006; allow the Department of Environmental Quality (DEQ) to establish a PBDE advisory committee to assist the DEQ in determining the risk posed by the release of PBDEs, other than penta- or octa-BDE, to human health and the environment; require the advisory committee to inform the DEQ if new scientific evidence indicated a significant risk to human health and the environment in the State; and require the DEQ, if it concurred, to inform the Legislature.
The Senate bill would define "PBDE" as pentabromodiphenyl ether. "Penta-BDE" would mean pentabromodiphenyl ether, and "octa-BDE" would mean octabromodiphenyl ether. (These substances are the most common class of brominated fire retardants, which are used primarily in plastics and textile coatings-for furniture, upholstery, automobiles, foam-based packaging, and computer and business equipment housing.)
MCL 324.14701 et al. Legislative Analyst: Suzanne Lowe
FISCAL IMPACT
The proposed misdemeanor could result in an indeterminate amount of additional penal fine revenue. The revenue would benefit public libraries.
Date Completed: 12-8-04 Fiscal Analyst: Bethany Wicksall
floor\hb4406 Analysis available @ http://www.michiganlegislature.org
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.
Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. hb4406/0304