1.1    .................... moves to amend H.F. No. 934, the second engrossment, as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. [325E.390] FLAME RETARDANTS IN CERTAIN PRODUCTS;
1.4REGISTRATION.
1.5    Subdivision 1. Registration process. (a) Effective July 1, 2009, the manufacturer of
1.6a flame retardant to be used in any of the following products shall register the use of the
1.7flame retardant with the commissioner of the Pollution Control Agency: (1) televisions or
1.8computers with an electronic enclosure; (2) upholstered furniture or textiles intended for
1.9indoor use in a home or other residential occupancy; or (3) mattresses and mattress pads to
1.10be manufactured, processed, or distributed in commerce in Minnesota. The registration
1.11shall have a term of one year. The registration is renewable upon a written request.
1.12    (b) The initial registration and renewal must include at least the following:
1.13    (1) a description of the product in which the flame retardant shall be used, and the
1.14amount and type of the flame retardant contained in the product;
1.15    (2) an assessment of an alternative flame retardant available for use in the product
1.16that may perform the same technical function, may be commercially available, and may be
1.17economically practicable;
1.18    (3) peer-reviewed environmental health risk assessments of the human health,
1.19solid waste, hazardous waste, and wastewater impacts associated with the production,
1.20use, recycling, and disposal of the flame retardant used, and any alternative identified
1.21in clause (2);
1.22    (4) peer-reviewed risk assessments, scientific studies and the relevant findings on the
1.23fire safety and health risk to firefighters of the flame retardant used, and any alternatives
1.24identified in clause (2);
1.25    (5) a listing of alternatives considered not to be technically or economically
1.26practicable or commercially available; and
2.1    (6) a certification of the accuracy of the information contained in the registration,
2.2signed and dated by an official of the registering manufacturer.
2.3    (c) If the registration is complete, the registration shall be forwarded to the fire safety
2.4committee created under subdivision 2. If the registration is deemed incomplete, the
2.5commissioner shall return the registration to the manufacturer with a statement detailing
2.6the portions of the registration, which are incomplete.
2.7    (d) The registration shall include a payment of $20,000 and the commissioner shall
2.8reserve the right to assess the registrant any additional sums necessary to cover the cost of
2.9the review of the registration. The commissioner shall assess the registrant any balance
2.10due within 30 days of the date of the Fire Safety Committee's findings and payment shall
2.11be due within 60 days after receipt. Revenues from the registration must be deposited in
2.12the environmental fund.
2.13    Subd. 2. Fire safety committee. (a) A Fire Safety Committee is created for the
2.14purpose of assessing the registrations filed with the commissioner under subdivision 1.
2.15    (b) The Fire Safety Committee consists of the commissioner of the Pollution Control
2.16Agency as chair and the following members:
2.17    (1) a representative of the commissioner of health;
2.18    (2) a representative of the Office of the State Fire Marshal;
2.19    (3) a representative of a statewide association representing fire chiefs;
2.20    (4) a representative of a recognized statewide council affiliate with an international
2.21association representing the interest of professional firefighters; and
2.22    (5) a representative of a statewide association representing the interest of volunteer
2.23firefighters.
2.24    (c) A majority vote of the fire safety committee is required for a finding by the
2.25committee that the registrant has demonstrated that there is no alternative flame retardant
2.26that performs the same technical function, is commercially available, is economically
2.27practicable, provides net health and environmental benefits to the state, and less health
2.28risk to firefighters.
2.29    (d) The commissioner shall publish the findings of the Fire Safety Committee in the
2.30State Register and submit those findings in a report to the appropriate committees of the
2.31legislature. The commissioner shall report its initial set of findings by January 15, 2010,
2.32and January 15 of each subsequent year."
2.33Delete the title and insert:
2.35relating to the environment; requiring manufacturers of certain flame retardants
2.36to register with the commissioner of the Pollution Control Agency; creating a
2.37fire safety committee;proposing coding for new law in Minnesota Statutes,
2.38chapter 325E."