Amendment ID: S2338-1

Amendment 1

Fire Safety Exemptions

Mr. deMacedo moves that the proposed new draft be amended by striking the text in its entirety and inserting in place thereof the following:-

"SECTION 1. Chapter 21A of the General Laws, as amended by section 5 of chapter 209 of the acts of 2018, is hereby further amended by adding the following section:-

Section 28. (a) Beginning on January 1, 2021, no manufacturer, wholesaler, or retailer may manufacture, knowingly sell, offer for sale, or distribute for use in this state any residential upholstered bedding or furniture, which contains one thousand parts per million (1000 ppm), or greater of any organohalogen flame retardant chemical that is added to a plastic, foam, fabric, or textile, unless the flame retardant chemical: is a polymeric material in accordance with the criteria at 40 CFR 723.250; is chemically reacted to form a polymeric material with the materials it is intended to protect; or has a determination of safety under 15 U.S.C. § 2604(a)(3)(C) or under 15 U.S.C. § 2605(b)(4).

(b) A manufacturer of products that are banned from sale under this section, must notify persons or entities that sell the manufactured products in this state about the provisions of this section no less than ninety (90) days prior to the effective date of the ban.

(c) Internal electric and electronic components of residential upholstered bedding or furniture or residential upholstered bedding or furniture sold for use in commercial or public spaces are not subject to the restrictions in this section.

(d) A manufacturer of products that are banned from sale under this section, must notify persons or entities that sell the manufactured products in this state about the provisions of this section no less than ninety (90) days prior to the effective date of the ban.

(e) The prohibition and any related regulations shall not apply to recycled materials or products that use recycled materials, products required to meet federal fire safety standards under 49 CFR Sections 571.213 and 571.302 and under 16CFR Sections 1632 and 1633, or products sold or in use prior to January 1, 2021.

(f) The Executive Office of Energy and Environmental Affairs may promulgate such rules and regulations as it deems necessary to implement this section. The Secretary may suspend or revoke any permit or registration for violation of any provision of this chapter, or any rule, regulation, ruling, or demand made pursuant to the authority granted by this chapter.

SECTION 2.  The provisions of this act shall take effect on January 1, 2021