PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1. 38 MRSA §1691, sub-§8-A, as enacted by PL 2011, c. 319, §2, is amended to read:
 
8-A. Credible scientific evidence.   "Credible scientific evidence" means the results of a study, the experimental design and conduct of which have undergone independent scientific peer review, that are published in a peer-reviewed journal or publication of an authoritative state, federal or international governmental agency, including but not limited to the United States Department of Health and Human Services, National Toxicology Program, Food and Drug Administration and Centers for Disease Control and Prevention; the United States Environmental Protection Agency; the World Health Organization; and the European Union, European Chemicals Agency.
Sec. 2. 38 MRSA §1691, sub-§10-A, as enacted by PL 2011, c. 319, §2, is repealed and the following enacted in its place:
 
10-A.  Practical quantification limit.     "Practical quantification limit" means:
 
A.  The lowest concentration of a chemical that can be reliably measured within specified limits of precision, accuracy, representativeness, completeness and comparability during routine laboratory operating conditions; or
 
B.  The concentration of a chemical determined by the department pursuant to section 1693-B.
 
The practical quantification limit is based on scientifically defensible, standard analytical methods. The practical quantification limit for a given chemical may be different depending on the matrix and the analytical method used.
Sec. 3. 38 MRSA §1693, sub-§2, as repealed and replaced by PL 2011, c. 319, §3, is repealed and the following enacted in its place:
 
2.  Revisions.     The list of chemicals of concern may be revised.
 
By July 1, 2015 and every 3 years thereafter, the department may review any new credible scientific evidence submitted to the department pertaining to the list and may revise the list based on the review. The department may add a chemical to the list if, in the judgment of the Department of Health and Human Services, Maine Center for Disease Control and Prevention, the chemical meets one or more of the criteria in subsection 1.
 
A person may submit recommendations with supporting credible scientific evidence to the department to consider a chemical for addition to the list. By July 1, 2015, and annually thereafter, the department shall publish a list of chemicals recommended for consideration pursuant to this subsection and any changes made to the list of chemicals of concern.
Sec. 4. 38 MRSA §1693, sub-§3, ¶A, as enacted by PL 2011, c. 319, §3, is amended to read:
 
A. Does not meet the criteria for listing pursuant to subsection 1; or.
Sec. 5. 38 MRSA §1693, sub-§3, ¶B, as enacted by PL 2011, c. 319, §3, is repealed.
Sec. 6. 38 MRSA §1693-A, sub-§3, as enacted by PL 2011, c. 319, §4, is amended to read:
 
3. Updates.   TheBy January 1, 2015, and every 3 years thereafter, the commissioner shall review the list published pursuant to subsection 1 at least every 3 years. The commissioner shall remove any chemical from the list of chemicals of high concern that has been designated as a priority chemical pursuant to section 1694 or that no longer meets any of the criteria of subsection 2. The commissioner may identify additional chemicals of high concern according to the criteria and requirements of this section. The list of chemicals of high concern may not consist of more than 70 or fewer than 10 chemicals of high concern, unless fewer than 10 chemicals of high concern meet any of the criteria under subsection 2.
 
A person may submit recommendations with supporting credible scientific evidence to the department to consider a chemical for addition to the list of chemicals of high concern. By January 1, 2015, and annually thereafter, the department shall publish a list of chemicals recommended for consideration pursuant to this subsection and any changes made to the list of chemicals of high concern.
Sec. 7.  38 MRSA §1693-A, sub-§3-A  is enacted to read:
 
3-A.  Reporting of chemical use; rules.     Within existing resources, the department may adopt rules that apply the reporting requirements of section 1695, subsection 1 to a person who is a manufacturer or distributor of a children's product for sale in the State that contains a chemical of high concern in an amount greater than a de minimis level.
Sec. 8.  38 MRSA §1693-B  is enacted to read:
§ 1693-B. Practical quantification limit rules
The department may adopt rules to specify a practical quantification limit for a specific chemical in a specific matrix if the department finds based on credible scientific evidence that the use of a specific, relevant standard analytical method is the dominant industry practice. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 9. 38 MRSA §1694, sub-§2, as amended by PL 2011, c. 319, §5, is further amended to read:
 
2. Designation.   The commissioner shall designate at least 2 priority chemicals by January 1, 2011. The commissioner may designate additional priority chemicals if the commissioner finds that the chemicals meet one of the criteria listed in subsection 1.
 
A person may submit recommendations with supporting credible scientific evidence to the department to consider a chemical for designation as a priority chemical. By January 1, 2015, and annually thereafter, the department shall publish a list of chemicals recommended for consideration as priority chemicals pursuant to this subsection and any changes made to the list of chemicals designated as priority chemicals.
Sec. 10. 38 MRSA §1695, sub-§§2 and 4, as enacted by PL 2007, c. 643, §2, are amended to read:
 
2. Supplemental information.   The manufacturer or distributor of a children's product that contains a priority chemical shall provide the following additional information if requested by the department:
 
A. Information on the likelihood that the chemical will be released from the children's product to the environment during the children's product's life cycle and the extent to which users of the children's product are likely to be exposed to the chemical;
 
B. Information on the extent to which the chemical is present in the environment or human body; and
 
C. An assessment of the availability, cost, feasibility and performance, including potential for harm to human health and the environment, of alternatives to the priority chemical and the reason the priority chemical is used in the manufacture of the children's product in lieu of identified alternatives. If an assessment acceptable to the department is not timely submitted, the department may assess a fee on the manufacturer or distributor to cover the costs to prepare an independent report on the availability of safer alternatives by a contractor of the department's choice.
 
If an assessment acceptable to the department is not timely submitted or if the department determines the preparation of such an assessment by an independent contractor will be more expeditious, cost-effective or comprehensive, the department may assess a fee on the manufacturer or distributor to cover the costs to prepare an independent report on the availability of safer alternatives by a contractor of the department's choice.
 
The manufacturer or distributor of a children's product that contains a priority chemical may provide additional information to the department regarding the potential for harm to human health and the environment from specific uses of the priority chemical.
 
4. Rulemaking to determine fees.   If the department assesses a fee pursuant to subsection 2, paragraph C or subsection 3, the department shall determine the appropriate fee through major substantiveroutine technical rulemaking, as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 11. 38 MRSA §1696, sub-§2, as amended by PL 2011, c. 319, §8, is further amended to read:
 
2. Alternatives assessment; presumptions.   For the purpose of determining whether a safer alternative is available under subsection 1, paragraph B, the board mayshall, in the absence of persuasive evidence to the contrary:
 
A. Presume that an alternative is a safer alternative if the alternative is not a chemical of concern;
 
B. Presume that a safer alternative is available if the sale of the children's product containing the priority chemical has been banned by another state within the United States based on the availability of a safer alternative;
 
C. Presume that a safer alternative is available if the children's product containing the priority chemical is an item of apparel or a novelty; and
 
D. Presume that a safer alternative is available if the alternative is sold in the United States.
Sec. 12. 38 MRSA §1697, sub-§8, as enacted by PL 2007, c. 643, §2, is repealed and the following enacted in its place:
 
8.  Food and beverage packaging.     The following provisions govern the applicability of this chapter to food and beverage product containers and packaging.
 
A.  A container or packaging for a food or beverage product is exempt from the requirements of this chapter, unless that product is intentionally marketed or intended for use by children under 3 years of age.
 
B.  Notwithstanding paragraph A, by January 1, 2014 and by January 1st every year thereafter, a person who is a manufacturer or distributor of a children's product that is a food or beverage product for sale in the State that contains a priority chemical in an amount greater than a de minimis level shall submit to the department written notice required by this paragraph, if:
 
(1) The priority chemical is present in the product's container or packaging; and
 
(2) The manufacturer or distributor has annual aggregate gross sales of food and beverage products, including sales both within and outside the State, of more than $1,000,000,000, based on the most recently published industry sales data as of the date of submittal of the written notice.
 
The written notice to the department must identify the food or beverage product container or packaging containing the priority chemical, the number of units sold or distributed for sale both in the State and nationally, the priority chemical or chemicals contained in the food or beverage product container or packaging, the amount of priority chemical in each unit and the intended purpose of the priority chemical in the product. The department may approve similar information submitted to other entities for the purpose of meeting the requirements of this paragraph.
 
The department shall implement this paragraph within existing resources or may assess a fee payable by the manufacturer or distributor upon submission of the written notice to cover the department's reasonable costs of implementation. The department may not consider information submitted under this paragraph in place of any information required to be submitted under section 1695.
Sec. 13. 38 MRSA §1699, as enacted by PL 2007, c. 643, §2, is repealed and the following enacted in its place:
§ 1699. Education and assistance
 
1.  Education and assistance.     As resources allow, the department shall develop a program to educate and assist consumers and retailers in identifying children's products that may contain priority chemicals.
 
2.  Citizen participation.     Once every year, beginning in 2015, the department shall establish a 30-day period during which any person may submit information, in summary form, on the topic of toxic chemicals in children's products and the effectiveness of this chapter. The summary must be limited to the concise key points related to the products or chemicals. The department may request additional information based on the summary provided.
 
3.  Information.      Beginning January 1, 2014 and annually by January 1st thereafter, the department shall publish on the department's publicly accessible website the list of chemicals of high concern under section 1693-A, subsection 1 and the types of products that contain each chemical on the list.
 
4.  Online list.     The department may publish in electronic format on the department's publicly accessible website a list of children's products that do not contain priority chemicals or chemicals of high concern. The list may provide links to websites of manufacturers of the children's products. A manufacturer may petition the department to include a children's product on the list and must submit a sworn affidavit declaring that the product does not contain a priority chemical or a chemical of high concern.
Sec. 14. Progress report. By January 3, 2014, the Department of Environmental Protection shall consult with the Department of Health and Human Services, Maine Center for Disease Control and Prevention to review relevant available information regarding chemicals in children's products and consider appropriate actions under the Maine Revised Statutes, Title 38, chapter 16-D. Upon request by the Joint Standing Committee on Environment and Natural Resources, the department shall provide a briefing on the department's implementation of Title 38, chapter 16-D to the joint standing committee. The joint standing committee may report out a bill relating to the briefing to the Second Regular Session of the 126th Legislature.
Sec. 15. Appropriations and allocations. The following appropriations and allocations are made.
 
ENVIRONMENTAL PROTECTION, DEPARTMENT OF
 
Administration - Environmental Protection 0251
 
Initiative: Provides Other Special Revenue Funds allocations for technology costs related to implementing changes in the toxic chemicals in children's products program.

OTHER SPECIAL REVENUE FUNDS	2013-14	2014-15	
All Other	$586	$781	
			
OTHER SPECIAL REVENUE FUNDS TOTAL	$586	$781	

Administration - Environmental Protection 0251
 
Initiative: Provides funding for technology costs related to implementing changes in the toxic chemicals in children's products program.

GENERAL FUND	2013-14	2014-15	
All Other	$665	$886	
			
GENERAL FUND TOTAL	$665	$886	

Remediation and Waste Management 0247
 
Initiative: Provides funding for one Environmental Specialist IV position and one Toxicologist position and associated administrative and technology costs related to implementing changes in the toxic chemicals in children's products program.

GENERAL FUND	2013-14	2014-15	
POSITIONS - LEGISLATIVE COUNT	2.000	2.000	
Personal Services	$121,721	$173,121	
All Other	$57,784	$19,045	
			
GENERAL FUND TOTAL	$179,505	$192,166	

ENVIRONMENTAL PROTECTION, DEPARTMENT OF			
DEPARTMENT TOTALS	2013-14	2014-15	
			
GENERAL FUND	$180,170	$193,052	
OTHER SPECIAL REVENUE FUNDS	$586	$781	
			
DEPARTMENT TOTAL - ALL FUNDS	$180,756	$193,833	
 
’
 
SUMMARY
This amendment is the majority report of the committee and replaces the bill. The amendment does the following.
1. It adds a publication of an authoritative state agency to the definition of "credible scientific evidence."
2. It authorizes the Department of Environmental Protection to specify by rule the practical quantification limit for a chemical based on standard industry practice and credible scientific evidence.
3. It establishes a process for considering revisions to the lists of chemicals of concern, chemicals of high concern and priority chemicals.
4. It authorizes the Department of Environmental Protection to adopt rules to require reporting of chemical use for chemicals of high concern in children's products.
5. It authorizes the Department of Environmental Protection to contract for an independent alternatives assessment for priority chemicals without first requesting one from manufacturers or distributors of children's products.
6. It requires manufacturers and distributors of food and beverage products with annual sales greater than $1,000,000,000 to report their use of priority chemicals in containers and packaging to the Department of Environmental Protection by January 1, 2014 and annually thereafter.
7. It directs the Department of Environmental Protection to establish a 30-day period each year during which persons may submit information on the topic of toxic chemicals in children's products.
8. It requires the annual publication of the list of chemicals of high concern on the Department of Environmental Protection's publicly accessible website.
9. It authorizes the Department of Environmental Protection to publish on the department's publicly accessible website a list of children's products that do not contain priority chemicals or chemicals of high concern.
10. It directs the Department of Environmental Protection to consult with the Department of Health and Human Services, Maine Center for Disease Control and Prevention by January 3, 2014 to review information regarding chemicals in children's products and consider appropriate actions. It also authorizes the Joint Standing Committee on Environment and Natural Resources to report out a bill relating to a briefing by the department on the laws governing toxic chemicals in children's products.
11. It adds an appropriations and allocations section.
FISCAL NOTE REQUIRED
(See attached)