To prohibit the sale, manufacture or distribution of products that contain polybrominated diphenyl ethers, chemicals found in certain flame retardants, after January 1, 2008. The bill makes several exemptions including among others, products containing Deca-BDEs, used vehicles containing PBDEs, and equipment used for military or federally funded space program. See companion SB 5034.   Official Text and Analysis.

To specify that no ban on Deca-BDE in televisions, computers, and upholstered furniture goes into effect until it is determined that a safer and technically feasible alternative is available. The substitute removes the designated individuals that are represented on the Fire Safety Committee and allows the committee to be appointed by the Governor from five fire fighting organizations.

To add a requirement that an alternative product to deca-bde have a lower toxicity profile and less environmental impact than decabde.

To authorize the Department of Ecology (DOE) to adopt rules prohibiting the use of polybrominated diphenyl ethers. Refines the role and composition of the fire safety committee. Requires public input on any evidence of the potential harm posed by deca-bde. Requires DOE to adopt rules prohibiting the use of pentabromo diphenyl ether and octabromo diphenyl ether with appropriate exemptions to ensure continued public safety on or before July 1, 2008. Modifies the enforcement requirements. Revises the definitions. Removes the listing of deca-bde exemptions. Removes the ban on mattresses containing deca-bde. Removes the provisional ban for furniture, televisions, and computers that contain deca-bde. Removes the statement that nothing in the chapter restricts the transport or storage of PBDE products. Removes the requirement for manufacturers to notify persons that sell products about the chapter. Removes the requirement for DOE to assist state agencies to give priority and preference to the purchase of non-PBDE products. Removes provisions related to retailers. Removes the background discussion.

To require the Director of Fire Protection (State Fire Marshal) to adopt by rule a fire safety standard for upholstered furniture and for electronic equipment within the field of audio/video information technology and communication technology.

To specify that the chapter does not apply to the sale or Official Print purchase of any previously owned product containing PBDEs made in casual or isolated sales and to sales by nonprofit organizations. Clarifies language that describes when a prohibition of deca-bde would take effect. Refines the role and composition of the fire safety committee. Requires public input on the findings of the Department of Ecology (DOE) and the fire safety committee. Requires that findings be published in the Washington State Register. Removes the requirement for DOE to grant an exemption by rule to allow for the manufacture, sale, or distribution of certain products prior to the prohibition's commencement. Requires DOE and the Department of Health to also review risk assessments, scientific studies, and other findings regarding the potential effect of PBDEs in the waste stream. Makes a technical change to substitute the word "prohibit" for the word "ban" throughout the document.

To require the department to develop a voluntary program to phase out, from residential homes, products containing polybrominated diphenyl ethers (limited to the two primary forms of the commercial mixtures known as pentabromo diphenyl ether (penta-bde) and octabromo diphenyl ether (octa-bde)).

To add a requirement that, in addition to meeting applicable fire safety standards, an alternative product to deca-bde must provide a level of ignition resistance equivalent to or greater than that provided by deca-bde.