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. Minnesota Statutes 2007 Supplement, section 325E.386, is amended to read:
1.4325E.386 PRODUCTS CONTAINING CERTAIN POLYBROMINATED
1.5DIPHENYL ETHERS BANNED; EXEMPTIONS.
1.6    Subdivision 1. Penta- and octabromodiphenyl ethers. Except as provided in
1.7subdivision 3 2, beginning January 1, 2008, a person may not manufacture, process, or
1.8distribute in commerce a product or flame-retardant part of a product containing more
1.9than one-tenth of one percent of pentabromodiphenyl ether or octabromodiphenyl ether
1.10by mass.
1.11    Subd. 2. Exemptions. The following products containing polybrominated diphenyl
1.12ethers are exempt from subdivision 1 and section 325E.387, subdivision 2:
1.13    (1) the sale or distribution of any used transportation vehicle with component parts
1.14containing polybrominated diphenyl ethers;
1.15    (2) the sale or distribution of any used transportation vehicle parts or new
1.16transportation vehicle parts manufactured before January 1, 2008, that contain
1.17polybrominated diphenyl ethers;
1.18    (3) the manufacture, sale, repair, distribution, maintenance, refurbishment, or
1.19modification of equipment containing polybrominated diphenyl ethers and used primarily
1.20for military or federally funded space program applications. This exemption does not
1.21cover consumer-based goods with broad applicability;
1.22    (4) the sale or distribution by a business, charity, public entity, or private party of
1.23any used product containing polybrominated diphenyl ethers;
1.24    (5) the manufacture, sale, or distribution of new carpet cushion made from recycled
1.25foam containing more than one-tenth of one percent polybrominated diphenyl ether;
1.26    (6) medical devices; or
2.1    (7) the manufacture, sale, repair, distribution, maintenance, refurbishment, or
2.2modification of telecommunications equipment containing polybrominated diphenyl
2.3ethers used by entities eligible to hold authorization in the Public Safety Pool under Code
2.4of Federal Regulations, title 47, part 90.
2.5    In-state retailers in possession of products on January 1, 2008, that are banned for
2.6sale under subdivision 1 may exhaust their stock through sales to the public. Nothing in
2.7this section restricts the ability of a manufacturer, importer, or distributor from transporting
2.8products containing polybrominated diphenyl ethers through the state, or storing such
2.9products in the state for later distribution outside the state.
2.10    Subd. 3. Commercial decabromodiphenyl ether. Except as provided in
2.11subdivision 4, beginning July 1, 2010, a person may not manufacture, process, or
2.12distribute in commerce any of the following products containing more than one-tenth of
2.13one percent of commercial decabromodiphenyl ether by mass:
2.14    (1) a television or computer with an electronic enclosure;
2.15    (2) upholstered furniture or textiles intended for indoor use in a home or other
2.16residential occupancy; or
2.17    (3) mattresses and mattress pads.
2.18    The sale or distribution by a business, charity, public entity, or private party of
2.19any used product containing commercial decabromodiphenyl ether is exempted from
2.20this subdivision.
2.21In-state retailers in possession of products on January 1, 2010, that are banned for sale
2.22under this subdivision may exhaust their stock of products located in the state as of
2.23that date through sales to the public. Nothing in this section restricts the ability of a
2.24manufacturer, importer, or distributor from transporting products containing commercial
2.25decabromodiphenyl ether through the state, or storing such products in the state for later
2.26distribution outside the state.
2.27    Subd. 4. Exemption process. (a) A manufacturer or user of a product prohibited
2.28from manufacture, sale, or distribution under section 325E.386, subdivision 3, may apply
2.29for an exemption for a specific use of commercial decabromodiphenyl ether under this
2.30section by filing a written request with the commissioner. The commissioner may grant an
2.31exemption for a term not to exceed three years. The exemption is renewable upon written
2.32request. An initial or renewal request for exemption must include at least the following:
2.33    (1) a policy statement articulating upper management support for eliminating or
2.34reducing to the maximum feasible extent the use of commercial decabromodiphenyl ether;
2.35    (2) a description of the product and the amount of commercial decabromodiphenyl
2.36ether distributed for sale and use in the state on an annual basis;
3.1    (3) a description of the recycling and disposal system used for the product in the
3.2state and an estimate of the amount of product and/or commercial decabromodiphenyl
3.3ether recycled or disposed in the state on an annual basis;
3.4    (4) a description of the manufacturer or user's past and ongoing efforts to eliminate
3.5or reduce the amount of commercial decabromodiphenyl ether used in the product;
3.6    (5) an assessment of options available to reduce or eliminate the use of commercial
3.7decabromodiphenyl ether, including any alternatives that do not contain commercial
3.8decabromodiphenyl ether, perform the same technical function, are commercially
3.9available, and are economically practicable;
3.10    (6) a statement of objectives in numerical terms and a schedule for achieving the
3.11elimination of commercial decabromodiphenyl ether and an environmental assessment of
3.12alternative products, including but not limited to human health, solid waste, hazardous
3.13waste, and wastewater impacts associated with production, use, recycling, and disposal
3.14of the alternatives;
3.15    (7) a listing of options considered not to be technically or economically practicable;
3.16and
3.17    (8) certification of the accuracy of the information contained in the request, signed
3.18and dated by an official of the manufacturer or user.
3.19    (b) The commissioner may grant an initial or renewal exemption for a specific use of
3.20commercial decabromodiphenyl ether, with or without conditions, upon finding that the
3.21applicant has demonstrated that there is no alternative that performs the same technical
3.22function, is commercially available, is economically practicable, and provides net health
3.23and environmental benefits to the state.
3.24    Subd. 5. Fees for exemption applicants. The application fee for an exemption
3.25under subdivision 4 is $2,000 per exemption. The fee is exempt from section 16A.1285.
3.26Revenues from application fees must be deposited in the environmental fund.

3.27    Sec. 2. Minnesota Statutes 2007 Supplement, section 325E.387, is amended by adding
3.28a subdivision to read:
3.29    Subd. 3. Participation in interstate clearinghouse. The commissioner may
3.30participate in a regional or national multistate clearinghouse to assist in carrying out the
3.31requirements of this section. The clearinghouse is authorized to maintain information on
3.32behalf of Minnesota, including, but not limited to:
3.33    (1) a list of all products containing polybrominated diphenyl ethers; and
3.34    (2) information on all exemptions granted by the state."
3.35Amend the title accordingly