Isle bill to ban chemicals
lacks teeth
Hawaii would be the first state in the nation to ban products with flame-retardant chemicals under a bill moving through the Legislature, but it has no enforcement provisions and no agency is in charge of enforcing the ban, said Rep. Barbara Marumoto.
Further, it would restrict products that the manufacturer says will be phased out by the end of the year.
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& Hawaii Revised StatutesMarumoto (R, Kahala-Waialae-Maunalani Heights), said the bill is a high priority for the Women's Legislative Caucus but "it isn't practical" in its present shape.
She said she will suggest some changes to House-Senate conferees on the Senate-amended version of HB 2013.
The bill bans clothing, furniture, electronics, foam, plastic and other products with Pena and Octa, two types of polybrominated diphenyl ethers or PBDEs to reduce risk of fire.
Studies in the United States have shown PBDEs in human breast milk are an average of 75 times higher than those found in Europe. Research also indicates the chemicals can affect thyroid hormone balance and cause other detrimental effects.
California last year became the first state to ban the products with the two PBDEs, effective Jan. 1, 2008.
The Hawaii bill would be effective upon approval.
The original bill also specified that the Legislative Reference Bureau submit recommendations to legislative leaders by next January on regulation of PBDEs. That provision was dropped.
"Clearly, details have to be ironed out in caucus," said Sen. Ron Menor (D, Mililani-Waipahu-Crestview), chairman of the Commerce, Consumer Protection and Housing Committee.
He said the objectives and goals of the bill are laudable and his committee moved it along for further consideration in deference to the women's caucus.
But he said, "There is no point in having this kind of law if the measure doesn't delegate the enforcement responsibility to a state agency and if it doesn't have important enforcement provisions along with sanctions, should there be a violation of the statute."
He said he will seek more information from the bill's proponents and see if it can be improved in conference. It could be amended to include a study and report back to the Legislature by the Legislative Reference Bureau, he said.
Rep. Hermina Morita (D, Hanalei-Kapaa), chairwoman of the House Energy and Environmental Protection Committee and head of the women's caucus, said the bill is intended to raise awareness of products containing the chemicals.
Healthy Mothers, Healthy Babies was among organizations urging the bill's passage.
Bromine Science and Environmental Forum, an industry lobbying organization, told lawmakers the only company making the fire retardants listed in the bill has volunteered to switch to alternatives by the end of the year.
Great Lakes Chemical Corp. of West Lafayette, Ind., made the pledge in an agreement with the EPA after California passed its law.
Marumoto said she is asking the conferees to change the effective date of the state ban to the end of this year or 2006 or 2008. She also is seeking some enforcement provisions.
She noted a Star-Bulletin editorial Thursday pointing out that Great Lakes and other companies plan to continue making a third hazardous retardant -- Deca PBDEs -- not cited in the bill.
