HB 9: Safer States Act; enact

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 other safety inspections and regulations, so as to prohibit the use of certain chemical flame retardants in certain products; to provide for definitions; to provide for notice; to provide for the restriction of additional chemical flame retardants; to provide for exceptions; to provide for penalties and a limited waiver; to provide for rules and regulations; to provide for a short title; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

This Act shall be known and may be cited as the "Safer States Act."

SECTION 2.

Chapter 15 of Title 25 of the Official Code of Georgia Annotated, relating to other safety inspections and regulations, is amended by adding a new article to read as follows: "ARTICLE 6

25-15-120.

As used in this article, the term:

(1) 'Bedding' means any residential or commercial bedding material, including, but not limited to, a mattress, mattress pad, mattress cover, sheeting, pillow, blanket, comforter, duvet cover, sleeping bag, or any other stuffed item intended to be used for reclining or sleeping.

(2) 'Carpeting' means a residential or commercial fabric floor covering, including carpet padding. Such term includes artificial turf when installed on state property.

(3) 'Children's product' means a consumer product intended, made, or marketed for use by children up to 12 years old. Such term shall not include:

(A) Batteries;

(B) Inaccessible components of a consumer product that, during a reasonably foreseeable use and abuse of the children's product, would not come into direct contact with a child's skin or mouth; and

(C) Consumer electronic and electrical products, including, but not limited to, personal computers, audio and video equipment, calculators, wireless telephones, game consoles, power cords, electric chargers, and hand-held devices incorporating a video screen used to access interactive software and associated peripherals.

(4) 'Covered product' means bedding, carpeting, children's products, residential upholstered furniture, and window treatments.

(5) 'Engineered nanoobject' means a material with 1, 2, or 3 external dimensions in the nanoscale.

(6) 'Manufacturer' means a person or entity that produces, imports, or distributes covered products.

(7) 'Nanoscale' means a size range from approximately 1 nanometer to 100 nanometers.

(8) 'Office' means the office of Safety Fire Commissioner.

(9) 'Prohibited chemical flame retardants' means chemicals that are added to materials to prevent or slow the spread of fire. Such term means any of the following:

(A) Tris(1,3-dichloro-2-propyl)phosphate (TDCPP) (Chemical Abstracts Service number 13674–87–8);

(B) Tris(2-chloroethyl)phosphate (TCEP) (Chemical Abstracts Service number 115–1496–8);

(C) Antimony trioxide (Chemical Abstracts Service number 1309–64–4);

(D) Hexabromocyclododecane (HBCD) (Chemical Abstracts Service number 25637–99–4);

(E) Bis(2-Ethylhexyl)-3,4,5,6-tetrabromophthalate (TBPH) (Chemical Abstracts Service number 26040–51–7);

(F) 2-Ethylhexyl-2,3,4,5-tetrabromobenzoate (TBB) (Chemical Abstracts Service number 183658– 27–7);

(G) Chlorinated paraffins (Chemical Abstracts Service number 85535–84–8);

(H) Tris(1-chloro-2-propyl) phosphate (TCPP) (Chemical Abstracts Service number 13674–84–5);

(I) Pentabromodiphenyl ether (Chemical Abstracts Service number 32534–81–9);

(J) Octabromodiphenyl ether (Chemical Abstracts Service number 32536–52–0);

(K) Decabromodiphenyl ether (Chemical Abstracts Service number 1163-19-5);

(L) Tetrabromobisphenol A (TBBPA) (Chemical Abstracts Service number 79–94–7); or

(M) Any other chemical flame retardants specified by the office pursuant to Code Section 25-15-122.

(10) 'Residential upholstered furniture' means seating or other upholstered products intended for indoor or outdoor use in or at a home or other dwelling intended for residential occupancy that consists in whole or in part of resilient cushioning materials enclosed within a covering consisting of fabric or other textile. Such term shall not include furniture for which the core functionality depends upon the utilization of electric or electronic components subject to comparable flammability standards of various underwriters' laboratories, including, but not limited to, massage chairs, assisted lift chairs, and home theater seating.

(11) 'Retailer' means a person or entity that offers a product for sale at retail through any means, including, but not limited to, remote offerings such as sales outlets, catalogs, or the internet but shall not include a sale that is a wholesale transaction with a distributor or a retailer.

(12) 'Window treatment' means residential or commercial curtain materials, blinds, or shades.

25-15-121.

(a) After January 1, 2026, a manufacturer or retailer shall not sell, offer, or manufacture for sale, distribute in commerce, or import into the state a covered product, except for inventory manufactured prior to January 1, 2026, that contains any prohibited chemical flame retardants or a chemical analogue the total weight of which exceeds 1,000 parts per million for any component part of the covered product.

(b) No later than January 1, 2026, a manufacturer of a covered product that contains any prohibited chemical flame retardant in any amount shall provide notice to retailers and other persons that sell such covered product in this state of the presence of such chemical flame retardant.

25-15-122.

(a) Every three years the office shall review, identify, and recommend other chemical flame retardants that should be prohibited; provided, however, that the office shall demonstrate that the chemical flame retardant is known to:

(1) Harm the normal development of a fetus or child or cause other developmental toxicity;

(2) Cause cancer, genetic damage, or reproductive harm;

(3) Disrupt the endocrine system;

(4) Damage the nervous system, immune system, or an organ, or cause other systemic toxicity; or

(5) Is found to be persistent, bioaccumulative, and toxic.

(b) If the office determines that a chemical flame retardant meets the conditions of subsection (a) of this Code section, it shall promulgate rules to restrict the manufacture, sale, distribution in commerce, or importation of any covered product containing the chemical flame retardant within nine months after making such determination.

(c) A manufacturer or retailer shall not sell, offer or manufacture for sale, distribute in commerce, or import into the state any covered product, except for inventory manufactured prior to the effective date of the rule, that contains a chemical flame retardant restricted by rule as provided for in subsection (b) of this Code section in a total weight that exceeds 1,000 parts per million for any component part of the covered product; provided, however, that, if the chemical flame retardant is an engineered nanoobject, a manufacturer or retailer shall not sell, offer or manufacture for sale, distribute in commerce, or import into the state any covered product, except for inventory manufactured prior to the effective date of the rule, that contains the chemical flame retardant in any amount.

25-15-123.

This article shall not apply to the sale, purchase, lease, distribution, or use of:

(1) Any covered product manufactured before January 1, 2026, or any covered product that contains a prohibited chemical flame retardant due to the presence of recycled materials used during the manufacture of the product covered;

(2) Any previously owned covered product containing a prohibited chemical flame retardant; or

(3) Motor vehicles, watercraft, aircraft, all-terrain vehicles, off-highway motorcycles, or any component parts.

25-15-124.

(a) A manufacturer or retailer that violates Code Section 25-15-121 or subsection (c) of Code Section 25-15-122 shall be subject to the following civil penalties:

(1) For the first violation, a fine of not more than $100.00 per covered product, not to exceed a total of $5,000.00;

(2) For the second violation, a fine of not more than $250.00 per covered product, not to exceed a total of $25,000.00; and

(3) For the third or subsequent violation, a fine of not more than $1,000.00 per covered product, not to exceed a total of $50,000.00.

(b) A manufacturer or retailer that knowingly violates Code Section 25-15-121 or subsection (c) of Code Section 25-15-122 shall be subject to a civil penalty equal to three times the amount of the fine imposed for such violation pursuant to subsection (a) of this Code section.

(c) A civil penalty imposed pursuant to subsection (a) of this Code section shall be waived by the office if the office determines that a manufacturer or retailer acted in good faith to be in compliance with this article, pursued compliance with due diligence, and promptly corrected any noncompliance after discovery of the violation.

(d) For purposes of calculating a penalty under this Code section, a collection of covered products that are sold as a set shall constitute one covered product.

25-15-125.

The office shall promulgate such rules and regulations necessary to implement this article."

SECTION 3.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 4.

All laws and parts of laws in conflict with this Act are repealed.