‘ 2. Sales prohibition. Except as otherwise provided in section 1609, subsection 4, beginning January 1, 2019, a person may not sell or offer to sell or distribute for promotional purposes upholstered furniture containing in its fabric or other covering or in its cushioning materials more than 0.1% of a flame-retardant chemical or more than 0.1% of a mixture that includes flame-retardant chemicals.’
Amend the bill in section 1 in §1609-A in subsection 1 in paragraph B in the first line (page 1, line 12 in L.D.) by striking out the following: " seating products" and inserting the following: ' furniture'
Amend the bill in section 1 in §1609-A in subsection 1 in paragraph B in the 2nd line (page 1, line 13 in L.D.) by striking out the following: " consist" and inserting the following: ' consists'
Amend the bill in section 1 in §1609-A by striking out all of subsection 2 (page 1, lines 16 to 20 in L.D.) and inserting the following:
Amend the bill in section 1 in §1609-A in subsection 3 in paragraph A in the first line (page 1, line 23 in L.D.) by striking out the following: " and"
Amend the bill in section 1 in §1609-A in subsection 3 in paragraph B in the last line (page 1, line 29 in L.D.) by striking out the following: " 1991." and inserting the following: ' 1991; and'
Amend the bill in section 1 in §1609-A in subsection 3 by adding after paragraph B the following:
‘ C. New upholstered furniture otherwise subject to the prohibition in subsection 2 that is sold, offered for sale or distributed for promotional purposes in the State by a retailer or wholesaler on or after January 1, 2019 and that was imported into the State or otherwise purchased or acquired by the retailer or wholesaler for sale or distribution in the State prior to January 1, 2019.’
Amend the bill in section 1 in §1609-A in subsection 4 in the first 2 lines (page 1, lines 30 and 31 in L.D.) by striking out the following: " , including, but not limited to, rules identifying the types of products that are seating products"
Amend the bill by adding after section 1 the following:
‘Sec. 2. Appropriations and allocations. The following appropriations and allocations are made.
ENVIRONMENTAL PROTECTION, DEPARTMENT OF
Administration - Environmental Protection 0251
Initiative: Provides funding for one part-time Environmental Specialist III position to monitor furniture sales and develop and oversee laboratory testing for compliance with a prohibition on flame-retardant chemicals in new upholstered residential furniture.
| GENERAL FUND | 2017-18 | 2018-19 |
|
POSITIONS - FTE COUNT
|
0.500 | 0.500 |
|
Personal Services
|
$28,581 | $40,009 |
|
All Other
|
$25,900 | $25,900 |
 |
|
|
| GENERAL FUND TOTAL | $54,481 | $65,909 |
SUMMARY
This amendment, which is the majority report of the committee, amends the bill as follows:
1. It delays by one year to January 1, 2019 the proposed sales prohibition on new upholstered furniture containing flame-retardant chemicals;
2. It clarifies that the prohibition applies only to flame-retardant chemicals contained in the fabric or other covering or the cushioning materials of new upholstered furniture;
3. It allows retailers and wholesalers that have acquired new upholstered furniture containing flame-retardant chemicals for sale or distribution in the State prior to the effective date of the prohibition to sell, offer for sale or distribute for promotional purposes that furniture after the effective date of the prohibition; and
4. It clarifies the rule-making authority of the Department of Environmental Protection under the bill.
The amendment also adds an appropriations and allocations section for costs to the department associated with the development and implementation of the prohibition program and the coordination of laboratory testing of furniture.
FISCAL NOTE REQUIRED
(See attached)