STATE OF NEW YORK
________________________________________________________________________
7711--A
2011-2012 Regular Sessions
IN ASSEMBLY
May 16, 2011
___________
Introduced by M. of A. SWEENEY, JAFFEE, MAISEL, ZEBROWSKI, ROSENTHAL,
ENGLEBRIGHT -- Multi-Sponsored by -- M. of A. CASTELLI, GIBSON, GLICK,
LATIMER, LUPARDO, McENENY, P. RIVERA, THIELE -- read once and referred
to the Committee on Environmental Conservation -- reported and
referred to the Committee on Rules -- Rules Committee discharged, bill
amended, ordered reprinted as amended and recommitted to the Committee
on Rules
AN ACT to amend the environmental conservation law, in relation to regu-
lating the manufacture, sale and use of shipping pallets, recycled and
new, that contain the deca mixture
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The environmental conservation law is amended by adding a
2 new section 37-0112 to read as follows:
3 § 37-0112. Deca mixture in shipping pallets.
4 1. For purposes of this section "deca mixture" shall mean a flame
5 retardant containing decabromodiphenyl ether.
6 2. (a) No person shall manufacture, sell or offer for sale or distrib-
7 ute for sale or use in the state a product that is manufactured from
8 recycled shipping pallets containing the deca mixture, except that this
9 prohibition does not apply to the manufacturing, selling or distribution
10 of shipping pallets that are manufactured from recycled shipping pallets
11 containing the deca mixture.
12 (b) On and after January first, two thousand thirteen, no person shall
13 manufacture, sell or offer for sale or distribute for sale or use in the
14 state a shipping pallet containing the deca mixture, other than a ship-
15 ping pallet made from recycled shipping pallets provided, however that
16 such recycled product may contain up to one-tenth of one per centum of
17 decabromodiphenyl ether by mass.
18 3. Notwithstanding paragraph (b) of subdivision two of this section, a
19 person may sell or distribute a shipping pallet containing the deca
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09463-03-1
A. 7711--A 2
1 mixture for which an exemption is obtained pursuant to this subdivision.
2 A manufacturer or owner of a shipping pallet may apply for an exemption
3 by filing a written application with the commissioner. The application
4 must include a proposed duration for the exemption. The commissioner may
5 grant an exemption upon finding that:
6 (a) A safer alternative that meets the criteria of subdivision five of
7 this section does not exist;
8 (b) A shipping pallet containing a proposed safer alternative fails to
9 meet applicable fire safety standards, approvals and tests or relevant
10 performance standards;
11 (c) Additional time is needed by the applicant to complete testing or
12 obtain approval to ensure that a shipping pallet containing a proposed
13 safer alternative complies with applicable fire safety standards,
14 approvals and tests; or
15 (d) Additional time is needed by the applicant to modify the manufac-
16 turing process in order to produce a shipping pallet containing the
17 safer alternative.
18 The commissioner shall not grant an exemption pursuant to this subdi-
19 vision for longer than two years.
20 4. Beginning January first, two thousand thirteen, a manufacturer of a
21 product containing the deca mixture restricted under subdivision two of
22 this section must notify persons that sell the manufacturer's product of
23 the requirements of this section.
24 5. It is the policy of the state that the deca mixture be replaced
25 with safer alternatives as soon as practicable.
26 For the purposes of this section, "safer alternative" means a substi-
27 tute process, product, material, chemical, strategy or any combination
28 of these that at a minimum, meets the following criteria:
29 (a) When compared to the chemical to be replaced would reduce the
30 potential for harm to human health and the environment;
31 (b) Serves a functionally equivalent purpose that enables applicable
32 fire safety standards, approvals and tests and relevant performance
33 standards to be met;
34 (c) Is commercially available on a national basis;
35 (d) Is not cost-prohibitive; and,
36 (e) Has not been identified as or does not meet the criteria for iden-
37 tification as a persistent, bioaccumulative toxic chemical by the United
38 States Environmental Protection Agency.
39 § 2. This act shall take effect immediately.
