An Act To Protect Firefighters by Establishing a Prohibition on the Sale and Distribution of New Upholstered Furniture Containing Ce1iain Flame-retardant Chemicals
Maine Legislature, Session 128, LD 0182
Committee Amendment CA_A_H215 (House)

COMMITTEE AMENDMENT "n " to H.P. 138, L.D. 182, Bill, "An Act To 
Protect Firefighters by Establishing a Prohibition on the Sale and Distribution of New 
Upholstered Furniture Containing Ce1iain Flame-retardant Chemicals" 
Amend the bill in section 1 in § 1609-A in subsection 1 in paragraph B in the first line 
(page l, line 12 in L.D.) by striking out the following: "seating products
and inserting 
the following: 'furniture' 
Amend the bill in section 1 in § 1609-A in subsection 1 in paragraph B in the 2nd line 
(page 1, line 13 in L.D.) by striking out the following: 
"consist" and inserting the 
following: 'consists' 
Amend the bill in section 1 in §1609-A by striking out all of subsection 2 (page 1, 
lines 16 to 20 in L.D.) and inserting the following: 
12. Sales prohibition. Except as otherwise provided in section 1609, subsection 4, 
beginning January 1, 2019, a person may not sell or offer to sell or distribute for 
promotional purposes upholstered furniture containing in its fabric or other covering or in 
its cushioning materials more than 0.1 % of a flame-retardant chemical or more than 0.1 % 
of a mixture that includes flame-retardant chemicals.' 
Amend the bill in section 1 in § 1609-A in subsection 3 in paragraph A in the first line 
(page 1, line 23 in L.D.) by striking out the following: "and" 
Amend the bill in section 1 in § 1609-A in subsection 3 in paragraph B in the last line 
(page 1, line 29 in L.D.) by striking out the following: 
1991.
and inserting the 
following: 11991; and' 
Amend the bill in section 1 in §1609-A in subsection 3 by adding after paragraph B 
the following: 
'C. New upholstered fumiture otherwise subject to the prohibition in subsection 2 
that is sold, offered for sale or distributed for promotional purposes in the State by a 
retailer or wholesaler on or after January 1, 2019 and that was imported into the State 
5 
or otherwise purchased or acquired by the retailer or wholesaler for sale or 
6 
distribution in the State prior to J anuaiy 1, 2019 .1 
COMMITTEE AMENDMENT 
·-:1S 
n. Ol' "· 
r1 
3.11; 
COMMITIEE AMENDMENT" M "to H.P. 138, L.D. I 82 
Amend the bill in section 1 in § 1609-A in subsection 4 in the first 2 lines (page 1, 
lines 30 and 31 in L.D.) by striking out the following: 
, including, but not limited to, 
rules identifying the types of products that are seating products" 
Amend the bill by adding after section 1 the following: 
'Sec. 2. Appropriations and allocations. The following appropriations and 
allocations are made. 
ENVIRONMENTAL PROTECTION, DEPARTMENT OF 
Administration - Environmental Protection 0251 
Initiative: Provides funding for one part-time Environmental Specialist III position to 
monitor furniture sales and develop and oversee laboratory testing for compliance with a 
prohibition on flame-retardant chemicals in new upholstered residential furniture. 
GENERAL FUND 
2017-18 
2018-19 
POSITIONS - FTE COUNT 
0.500 
0.500 
Personal Services 
$28,581 
$40,009 
All Other 
$25,900 
$25,900 
GENERAL FUND TOTAL 
$54,481 
$65,909 
SUMMARY 
This amendment, which is the majority report of the committee, amends the bill as 
follows: 
1. It delays by one year to January 1, 2019 the proposed sales prohibition on new 
upholstered furniture containing flame-retardant chemicals; 
2. It clarifies that the prohibition applies only to flame-retardant chemicals contained 
in the fabric or other covering or the cushioning materials of new upholstered furniture; 
3. It allows retailers and wholesalers that have acquired new upholstered furniture 
containing flame-retardant chemicals for sale or distribution in the State prior to the 
effective date of the prohibition to sell, offer for sale or distribute for promotional 
purposes that furniture after the effective date of the prohibition; and 
4. 
It clarifies the rule-making authority of the Department of Environmental 
Protection under the bill. 
The amendment also adds an appropriations and allocations section for costs to the 
department associated with the development and implementation of the prohibition 
program and the coordination of laboratory testing of furniture. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/05/17 ::Wae..-
LD 182 
LR412(02) 
An Act To Protect Firefighters by Establishing a Prohibition on the Sale and Distribution of New 
Upholstered Furniture Containing Certain Flame-retardant Chemicals 
Fiscal Note for Bill as Amended by Committee Amendment p, ( )~ - ~ I 5) 
Committee: Environment and Natural Resources 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2017-18 
FY 2018-19 
$54,481 
$65,909 
$54,481 
$65,909 
Projections 
FY 2019-20 
$66,896 
$66,896 
Projections 
FY 2020-21 
$68,125 
$68,125 
This bill directs the Depa1tment of Environmental Protection (DEP) to adopt rnles to implement a prohibition on the 
sale of furniture containing flame retardant chemicals. In order to effectively implement these rules, the DEP has 
indicated it will need to develop a product labeling and registration program for manufacturers and a product 
sampling a·nd testing program for ce1tification. The DEP estimates that 25 products at a cost of $12,500 will be 
purchased annually for product sampling. The laborat01y testing for the product sampling is projected to have an 
annual cost of $12,500. This bill includes annual General Fund appropriations of $25 ,900 starting in fiscal year 2017-
for product purchase, testing and technology costs. 
This bill also includes General Fund appropriations of $28,581 in fiscal year 2017-18 and $40,009 in fiscal year 2018-
to the DEP for one part-time Environmental Specialist III position to develop and initiate the prohibition program 
and to coordinate laborat01y testing of furniture products. 
LR0412(02) - Fiscal Note - Page I of 1