HB9: HB9 Safer States Act; enact

25 LC 52 0613 House Bill 9 By: Representatives Schofield of the 63rd, Drenner of the 85th, Scott of the 76th, Davis of the 87th, and Jackson of the 68th A BILL TO BE ENTITLED AN ACT To amend Chapter 15 of Title 25 of the Official Code of Georgia Annotated, relating to other1 safety inspections and regulations, so as to prohibit the use o f certain chemical flame2 retardants in certain products; to provide for definitions; to provide for notice; to provide for3 the restriction of additional chemical flame retardants; to provide for exceptions; to provide4 for penalties and a limited waiver; to provide for rules and regulations; to provide for a short5 title; to provide for an effective date; to provide for related matters; to repeal conflicting6 laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 This Act shall be known and may be cited as the "Safer States Act."10 SECTION 2.11 Chapter 15 of Title 25 of the Official Code of Georgia Annotate d, relating to other safety12 inspections and regulations, is amended by adding a new article to read as follows:13 H. B. 9 - 1 - 25 LC 52 0613 "ARTICLE 614 25-15-120.15 As used in this article, the term:16 (1) 'Bedding' means any residential or commercial bedding material, including, but not17 limited to, a mattress, mattress pad, mattress cover, sheeting, pillow, blanket, comforter,18 duvet cover, sleeping bag, or any other stuffed item intended to be used for reclining or19 sleeping.20 (2) 'Carpeting' means a residential or commercial fabric floor covering, including carpet21 padding. Such term includes artificial turf when installed on state property.22 (3) 'Children's product' means a consumer product intended, made, or marketed for use23 by children up to 12 years old. Such term shall not include:24 (A) Batteries;25 (B) Inaccessible components of a consumer product that, during a reasonably26 foreseeable use and abuse of the children's product, would not come into direct contact27 with a child's skin or mouth; and28 (C) Consumer electronic and electrical products, including, but not limited to, personal29 computers, audio and video equipment, calculators, wireless telephones, game consoles,30 power cords, electric chargers, and hand-held devices incorporating a video screen used31 to access interactive software and associated peripherals.32 (4) 'Covered product' means bedding, carpeting, ch ildren's pro ducts, residential33 upholstered furniture, and window treatments.34 (5) 'Engineered nanoobject' means a material with 1, 2, or 3 external dimensions in the35 nanoscale.36 (6) 'Manufacturer' means a person or entity that produces, imports, or distributes covered37 products.38 (7) 'Nanoscale' means a size range from approximately 1 nanometer to 100 nanometers.39 H. B. 9 - 2 - 25 LC 52 0613 (8) 'Office' means the office of Safety Fire Commissioner.40 (9) 'Prohibited chemical flame retardants' means chemicals that are added to materials41 to prevent or slow the spread of fire. Such term means any of the following:42 (A) Tris(1,3-dichloro-2-propyl)phosphate (TDCPP) (Chemical Abs tracts Service43 number 13674–87–8);44 (B) Tris(2-chloroethyl)phosphate (TCEP) (Chemical Abstracts Se rvice number45 115–1496–8);46 (C) Antimony trioxide (Chemical Abstracts Service number 1309–64–4);47 (D) Hexabromocyclododecane (HBCD) (Chemical Abstracts Service number48 25637–99–4);49 (E) Bis(2-Ethylhexyl)-3,4,5,6-tetrabromophthalate (TBPH) (Chem ical Abstracts50 Service number 26040–51–7);51 (F) 2-Ethylhexyl-2,3,4,5-tetrabromobenzoate (TBB) (Chemical Ab stracts Service52 number 183658– 27–7);53 (G) Chlorinated paraffins (Chemical Abstracts Service number 85535–84–8);54 (H) Tris(1-chloro-2-propyl) phosphate (TCPP) (Chemical Abstracts Service number55 13674–84–5);56 (I) Pentabromodiphenyl ether (Chemical Abstracts Service number 32534–81–9);57 (J) Octabromodiphenyl ether (Chemical Abstracts Service number 32536–52–0);58 (K) Decabromodiphenyl ether (Chemical Abstracts Service number 1163-19-5);59 (L) Tetrabromobisphenol A (TBBPA) (Chemical Abstracts Service number 79–94–7);60 or61 (M) Any other chemical flame retardants specified by the offic e pursuant to Code62 Section 25-15-122.63 (10) 'Residential upholstered furniture' means seating or othe r upholstered products64 intended for indoor or outdoor use i n or at a home or other dwe lling intended for65 residential occupancy that consists in whole or in part of resilient cushioning materials66 H. B. 9 - 3 - 25 LC 52 0613 enclosed within a covering consisting of fabric or other textil e. Such term shall not67 include furniture for which the core functionality depends upon the utilization of electric68 or electronic components subject to comparable flammability sta ndards of various69 underwriters' laboratories, including, but not limited to, mass age chairs, assisted lift70 chairs, and home theater seating.71 (11) 'Retailer' means a person or entity that offers a product for sale at retail through any72 means, including, but not limited to, remote offerings such as sales outlets, catalogs, or73 the internet but shall not include a sale that is a wholesale transaction with a distributor74 or a retailer.75 (12) 'Window treatment' means residential or commercial curtai n materials, blinds, or76 shades.77 25-15-121.78 (a) After January 1, 2026, a manufacturer or retailer shall not sell, offer, or manufacture79 for sale, distribute in commerce, or import into the state a co vered product, except for80 inventory manufactured prior to January 1, 2026, that contains any prohibited chemical81 flame retardants or a chemical analogue the total weight of which exceeds 1,000 parts per82 million for any component part of the covered product.83 (b) No later than January 1, 2026, a manufacturer of a covered product that contains any84 prohibited chemical flame retardant in any amount shall provide notice to retailers and85 other persons that sell such covered product in this state of the presence of such chemical86 flame retardant.87 25-15-122.88 (a) Every three years the office shall review, identify, and r ecommend other chemical89 flame retardants that should be prohibited; provided, however, that the office shall90 demonstrate that the chemical flame retardant is known to:91 H. B. 9 - 4 - 25 LC 52 0613 (1) Harm the normal development of a fetus or child or cause o ther developmental92 toxicity;93 (2) Cause cancer, genetic damage, or reproductive harm;94 (3) Disrupt the endocrine system;95 (4) Damage the nervous system, immune system, or an organ, or cause other systemic96 toxicity; or97 (5) Is found to be persistent, bioaccumulative, and toxic.98 (b) If the office determines that a chemical flame retardant m eets the conditions of 99 subsection (a) of this Code section, it shall promulgate rules to restrict the manufacture,100 sale, distribution in commerce, or importation of any covered p roduct containing the101 chemical flame retardant within nine months after making such determination.102 (c) A manufacturer or retailer shall not sell, offer or manufa cture for sale, distribute in103 commerce, or import into the state any covered product, except for inventory manufactured104 prior to the effective date of the rule, that contains a chemical flame retardant restricted by105 rule as provided for in subsection (b) of this Code section in a total weight that exceeds106 1,000 parts per million for any component part of the covered product; provided, however,107 that, if the chemical flame retardant is an engineered nanoobject, a manufacturer or retailer108 shall not sell, offer or manufacture for sale, distribute in commerce, or import into the state109 any covered product, except for inventory manufactured prior to the effective date of the110 rule, that contains the chemical flame retardant in any amount.111 25-15-123.112 This article shall not apply to the sale, purchase, lease, distribution, or use of:113 (1) Any covered product manufactured before January 1, 2026, or any covered product114 that contains a prohibited chemical flame retardant due to the presence of recycled115 materials used during the manufacture of the product covered;116 H. B. 9 - 5 - 25 LC 52 0613 (2) Any previously owned covered product containing a prohibit ed chemical flame117 retardant; or118 (3) Motor vehicles, watercraft, aircraft, all-terrain vehicles, off-highway motorcycles, or119 any component parts.120 25-15-124.121 (a) A manufacturer or retailer that violates Code Section 25-15-121 or subsection (c) of122 Code Section 25-15-122 shall be subject to the following civil penalties:123 (1) For the first violation, a fine of not more than $100.00 p er covered product, not to124 exceed a total of $5,000.00;125 (2) For the second violation, a fine of not more than $250.00 per covered product, not126 to exceed a total of $25,000.00; and127 (3) For the third or subsequent violation, a fine of not more than $1,000.00 per covered128 product, not to exceed a total of $50,000.00.129 (b) A manufacturer or retailer that knowingly violates Code Se ction 25-15-121 or130 subsection (c) of Code Section 25-15-122 shall be subject to a civil penalty equal to three131 times the amount of the fine imposed for such violation pursuant to subsection (a) of this132 Code section.133 (c) A civil penalty imposed pursuant to subsection (a) of this Code section shall be waived134 by the office if the office determines that a manufacturer or retailer acted in good faith to135 be in compliance with this article, pursued compliance with due diligence, and promptly136 corrected any noncompliance after discovery of the violation.137 (d) For purposes of calculating a penalty under this Code section, a collection of covered138 products that are sold as a set shall constitute one covered product.139 25-15-125.140 The office shall promulgate such rules and regulations necessary to implement this article."141 H. B. 9 - 6 - 25 LC 52 0613 SECTION 3.142 This Act shall become effective upon its approval by the Governor or upon its becoming law143 without such approval.144 SECTION 4.145 All laws and parts of laws in conflict with this Act are repealed.146 H. B. 9 - 7 -