Senate Bill S5391B

2011-2012 Legislative Session

Regulates the manufacture, sale and use of shipping pallets, recycled and new, that contain the decabromodiphenyl ether

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to environmental conservation
Dec 21, 2011	print number 5391b
Dec 21, 2011	amend and recommit to environmental conservation
Jun 20, 2011	print number 5391a
Jun 20, 2011	amend and recommit to environmental conservation
May 16, 2011	referred to environmental conservation

Bill Amendments

2011-S5391 - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §37-0112, En Con L

2011-S5391 - Summary

Regulates the manufacture, sale and use of shipping pallets, recycled and new, that contain decabromodiphenyl ether.

2011-S5391 - Sponsor Memo

                                BILL NUMBER:S5391

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to regulating
the manufacture, sale and use of shipping pallets, recycled and new,
that contain the deca mixture

PURPOSE OR GENERAL IDEA OF BILL
The purpose of this bill is to minimize the amount of certain flame
retardants used in certain products.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would:

* define "deca mixture" to mean a flame retardant containing more than
one-tenth of a percent of pentabrominated diphenyl ether or
octabrominated diphenyl ether, by mass;
* define "safer alternative" to mean a substitute process, product.
material, chemical, strategy or any combination of these that at a
minimum meets the following criteria:

o reduces the potential for harm to human health and the environment;
o serves a functionally equivalent purpose that meets applicable and
relevant guidelines;
o is commercially available on a national basis;

o is not cost-prohibitive; and,
o has not been identified or does not
meet the criteria for identification as a persistent, bioaccumulative
toxic chemical by the United States Environmental Protection Agency.

* prohibit the manufacture, sale or use of products, other
than shipping pallets, manufactured from recycled shipping
pallets containing the deca mixture;
* prohibit, beginning January 1, 2013, all persons from manufacturing,
selling or or using a shipping pallet containing the deca mixture,
except shipping pallets made from recycled shipping pallets;
* permit the Commissioner of the Department of Environmental
Conservation to, upon receipt of a written application, grant an
exemption upon finding that:

o no safer alternative exists;
o a shipping pallet containing a proposed safer alternative fails to
meet the applicable and relevant guidelines; or,
o the applicant needs additional time for making practicable or
for modifying the manufacturing process of a safer alternative;

* require that all exemptions granted be for less than for two years;
and,

* require, beginning January 1, 2013, manufacturers of products
containing the deca mixture to notify persons that sell such products
of the prohibition.

JUSTIFICATION:
Shipping pallets come in varying sizes, types and materials. The
National Fire Protection Association (NFPA) was established in 1896
and prepares fire prevention codes and standards. NFPA code governs
the inclusion of sprinklers and other fire prevention devices in
warehouses, and requires that warehouses that store items on plastic
pallets install more stringent fire protection devices (i.e.
sprinklers) or that the pallets include flame retardants. In
addition, the Grocery Manufacturers Association, adopted requirements
specifying a pallet weight limit of less than fifty pounds. These two
requirements have led to the development of pallets that contain up
to five pounds of flame retardant. Most often, that flame retardant
is Decabromodipheynyl ether (decaBDE). DecaBDE has been identified as
a potential endocrine disrupert and persistent toxic chemical and in
2009, the Environmental Protection Agency entered into an agreement
with the major manufacturers to ban its use in consumer products
beginning in 2012 and eliminating it completely by 2013. This
legislation is intended to reduce exposure to DecaBDE and is based on
laws adopted by the states of Maine and Oregon.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S5391 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5391

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 16, 2011
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

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:

  Section  1.  The environmental conservation law is amended by adding a
new section 37-0112 to read as follows:
S 37-0112. DECA MIXTURE IN SHIPPING PALLETS.
  1. FOR PURPOSES OF THIS SECTION "DECA  MIXTURE"  SHALL  MEAN  A  FLAME
RETARDANT CONTAINING MORE THAN ONE-TENTH OF ONE PERCENTUM OF PENTABROMI-
NATED DIPHENYL ETHER OR OCTABROMINATED DIPHENYL ETHER, BY MASS.
  2. (A) NO PERSON SHALL MANUFACTURE, SELL OR OFFER FOR SALE OR DISTRIB-
UTE  FOR  SALE  OR  USE IN THE STATE A PRODUCT THAT IS MANUFACTURED FROM
RECYCLED SHIPPING PALLETS CONTAINING THE DECA MIXTURE, EXCEPT THAT  THIS
PROHIBITION DOES NOT APPLY TO THE MANUFACTURING, SELLING OR DISTRIBUTION
OF SHIPPING PALLETS THAT ARE MANUFACTURED FROM RECYCLED SHIPPING PALLETS
CONTAINING THE DECA MIXTURE.
  (B) ON AND AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN, NO PERSON SHALL
MANUFACTURE, SELL OR OFFER FOR SALE OR DISTRIBUTE FOR SALE OR USE IN THE
STATE  A SHIPPING PALLET CONTAINING THE DECA MIXTURE, OTHER THAN A SHIP-
PING PALLET MADE FROM RECYCLED SHIPPING PALLETS.
  3. NOTWITHSTANDING PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, A
PERSON MAY SELL OR DISTRIBUTE A  SHIPPING  PALLET  CONTAINING  THE  DECA
MIXTURE FOR WHICH AN EXEMPTION IS OBTAINED PURSUANT TO THIS SUBDIVISION.
A  MANUFACTURER OR OWNER OF A SHIPPING PALLET MAY APPLY FOR AN EXEMPTION
BY FILING A WRITTEN APPLICATION WITH THE COMMISSIONER.  THE  APPLICATION
MUST INCLUDE A PROPOSED DURATION FOR THE EXEMPTION. THE COMMISSIONER MAY
GRANT AN EXEMPTION UPON FINDING THAT:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09463-02-1

S. 5391                             2

  (A) A SAFER ALTERNATIVE THAT MEETS THE CRITERIA OF SUBDIVISION FIVE OF
THIS SECTION DOES NOT EXIST;
  (B) A SHIPPING PALLET CONTAINING A PROPOSED SAFER ALTERNATIVE FAILS TO
MEET  APPLICABLE  FIRE SAFETY STANDARDS, APPROVALS AND TESTS OR RELEVANT
PERFORMANCE STANDARDS;
  (C) ADDITIONAL TIME IS NEEDED BY THE APPLICANT TO COMPLETE TESTING  OR
OBTAIN  APPROVAL  TO ENSURE THAT A SHIPPING PALLET CONTAINING A PROPOSED
SAFER  ALTERNATIVE  COMPLIES  WITH  APPLICABLE  FIRE  SAFETY  STANDARDS,
APPROVALS AND TESTS; OR
  (D)  ADDITIONAL TIME IS NEEDED BY THE APPLICANT TO MODIFY THE MANUFAC-
TURING PROCESS IN ORDER TO PRODUCE  A  SHIPPING  PALLET  CONTAINING  THE
SAFER ALTERNATIVE.
  THE  COMMISSIONER SHALL NOT GRANT AN EXEMPTION PURSUANT TO THIS SUBDI-
VISION FOR LONGER THAN TWO YEARS.
  4. BEGINNING JANUARY FIRST, TWO THOUSAND THIRTEEN, A MANUFACTURER OF A
PRODUCT CONTAINING THE DECA MIXTURE RESTRICTED UNDER SUBDIVISION TWO  OF
THIS SECTION MUST NOTIFY PERSONS THAT SELL THE MANUFACTURER'S PRODUCT OF
THE REQUIREMENTS OF THIS SECTION.
  5.  IT  IS  THE  POLICY OF THE STATE THAT THE DECA MIXTURE BE REPLACED
WITH SAFER ALTERNATIVES AS SOON AS PRACTICABLE.
  FOR THE PURPOSES OF THIS SECTION, "SAFER ALTERNATIVE" MEANS A  SUBSTI-
TUTE  PROCESS,  PRODUCT, MATERIAL, CHEMICAL, STRATEGY OR ANY COMBINATION
OF THESE THAT AT A MINIMUM, MEETS THE FOLLOWING CRITERIA:
  (A) WHEN COMPARED TO THE CHEMICAL TO  BE  REPLACED  WOULD  REDUCE  THE
POTENTIAL FOR HARM TO HUMAN HEALTH AND THE ENVIRONMENT;
  (B)  SERVES  A FUNCTIONALLY EQUIVALENT PURPOSE THAT ENABLES APPLICABLE
FIRE SAFETY STANDARDS, APPROVALS  AND  TESTS  AND  RELEVANT  PERFORMANCE
STANDARDS TO BE MET;
  (C) IS COMMERCIALLY AVAILABLE ON A NATIONAL BASIS;
  (D) IS NOT COST-PROHIBITIVE; AND,
  (E) HAS NOT BEEN IDENTIFIED AS OR DOES NOT MEET THE CRITERIA FOR IDEN-
TIFICATION AS A PERSISTENT, BIOACCUMULATIVE TOXIC CHEMICAL BY THE UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY.
  S 2. This act shall take effect immediately.

co-Sponsors

2011-S5391A - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §37-0112, En Con L

2011-S5391A - Summary

Regulates the manufacture, sale and use of shipping pallets, recycled and new, that contain decabromodiphenyl ether.

2011-S5391A - Sponsor Memo

                                BILL NUMBER:S5391A

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to regulating
the manufacture, sale and use of shipping pallets, recycled and new,
that contain the deca mixture

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to minimize the amount of certain flame
retardants used in certain products.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would:

* define "deca mixture" to mean a flame retardant containing
decabromodiphenyl ether.
* define "safer alternative" to mean a substitute process, product,
material, chemical, strategy or any combination of these that at a
minimum meets the following criteria:

  o reduces the potential for harm to human health and the environment;
  o serves a functionally equivalent purpose that meets applicable and
  relevant guidelines;
  o is commercially available on a national basis;
  o is not cost-prohibitive; and,

  o has not been identified or does not
  meet the criteria for identification as a persistent, bioaccumulative
  toxic chemical by the United States Environmental Protection Agency.

* prohibit the manufacture, sale or use of products, other than shipping
pallets, manufactured from recycled shipping pallets containing the
deca mixture;
* prohibit, beginning January 1, 2013, all persons from manufacturing,
selling or or using a shipping pallet containing the deca mixture,
except shipping pallets made from recycled shipping pallets,
provided, however that such recycled product may contain up to
one-tenth of one percentum of decabromodiphenyl ether by mass.
* permit the Commissioner of the Department of Environmental
Conservation to, upon receipt of a written application, grant an
exemption upon finding that:

  o no safer alternative exists;
  o a shipping pallet containing a proposed safer alternative fails to
    meet the applicable and relevant guidelines; or,
  o the applicant
    needs additional time for making practicable or for modifying the
    manufacturing process of a safer alternative;
    require that all exemptions granted be for less than for two years;
    and, require, beginning January 1, 2013, manufacturers of products
    containing the deca mixture to notify persons that sell such product
    of the prohibition.

JUSTIFICATION:
Shipping pallets come in varying sizes, types and materials. The
National Fire Protection Association (NFPA) was established in 1896


and prepares fire prevention codes and standards. NFPA code governs
the inclusion of sprinkiers and other fire prevention devices in
warehouses, and requires that warehouses that store items on plastic
pallets install more stringent fire protection devices (i.e.
sprinkelers) or that the pallets include flame retardants. In
addition, the Grocery Manufacturers Association, adopted requirements
specifying a pallet weight limit of less than fifty pounds. These two
requirements have led to the development of pallets that contain up
to five pounds of flame retardant. Most often, that flame retardant
is Decabromodipheynyl ether (decaBDE). DecaBDE has been identified as
a potential endocrine disrupert and persistent toxic chemical and in
2009, the Environmental Protection Agency entered into an agreement
with the major manufacturers to ban its use in consumer products
beginning in 2012 and eliminating it completely by 2013. This
legislation is intended to reduce exposure to DecaBDE and is based on
laws adopted by the states of Maine and Oregon.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S5391A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5391--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 16, 2011
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

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:

  Section 1. The environmental conservation law is amended by  adding  a
new section 37-0112 to read as follows:
S 37-0112. DECA MIXTURE IN SHIPPING PALLETS.
  1.  FOR  PURPOSES  OF  THIS  SECTION "DECA MIXTURE" SHALL MEAN A FLAME
RETARDANT CONTAINING DECABROMODIPHENYL ETHER.
  2. (A) NO PERSON SHALL MANUFACTURE, SELL OR OFFER FOR SALE OR DISTRIB-
UTE FOR SALE OR USE IN THE STATE A PRODUCT  THAT  IS  MANUFACTURED  FROM
RECYCLED  SHIPPING PALLETS CONTAINING THE DECA MIXTURE, EXCEPT THAT THIS
PROHIBITION DOES NOT APPLY TO THE MANUFACTURING, SELLING OR DISTRIBUTION
OF SHIPPING PALLETS THAT ARE MANUFACTURED FROM RECYCLED SHIPPING PALLETS
CONTAINING THE DECA MIXTURE.
  (B) ON AND AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN, NO PERSON SHALL
MANUFACTURE, SELL OR OFFER FOR SALE OR DISTRIBUTE FOR SALE OR USE IN THE
STATE A SHIPPING PALLET CONTAINING THE DECA MIXTURE, OTHER THAN A  SHIP-
PING  PALLET  MADE FROM RECYCLED SHIPPING PALLETS PROVIDED, HOWEVER THAT
SUCH RECYCLED PRODUCT MAY CONTAIN UP TO ONE-TENTH OF ONE PER  CENTUM  OF
DECABROMODIPHENYL ETHER BY MASS.
  3. NOTWITHSTANDING PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, A
PERSON  MAY  SELL  OR  DISTRIBUTE  A SHIPPING PALLET CONTAINING THE DECA
MIXTURE FOR WHICH AN EXEMPTION IS OBTAINED PURSUANT TO THIS SUBDIVISION.
A MANUFACTURER OR OWNER OF A SHIPPING PALLET MAY APPLY FOR AN  EXEMPTION
BY  FILING  A WRITTEN APPLICATION WITH THE COMMISSIONER. THE APPLICATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09463-04-1

S. 5391--A                          2

MUST INCLUDE A PROPOSED DURATION FOR THE EXEMPTION. THE COMMISSIONER MAY
GRANT AN EXEMPTION UPON FINDING THAT:
  (A) A SAFER ALTERNATIVE THAT MEETS THE CRITERIA OF SUBDIVISION FIVE OF
THIS SECTION DOES NOT EXIST;
  (B) A SHIPPING PALLET CONTAINING A PROPOSED SAFER ALTERNATIVE FAILS TO
MEET  APPLICABLE  FIRE SAFETY STANDARDS, APPROVALS AND TESTS OR RELEVANT
PERFORMANCE STANDARDS;
  (C) ADDITIONAL TIME IS NEEDED BY THE APPLICANT TO COMPLETE TESTING  OR
OBTAIN  APPROVAL  TO ENSURE THAT A SHIPPING PALLET CONTAINING A PROPOSED
SAFER  ALTERNATIVE  COMPLIES  WITH  APPLICABLE  FIRE  SAFETY  STANDARDS,
APPROVALS AND TESTS; OR
  (D)  ADDITIONAL TIME IS NEEDED BY THE APPLICANT TO MODIFY THE MANUFAC-
TURING PROCESS IN ORDER TO PRODUCE  A  SHIPPING  PALLET  CONTAINING  THE
SAFER ALTERNATIVE.
  THE  COMMISSIONER SHALL NOT GRANT AN EXEMPTION PURSUANT TO THIS SUBDI-
VISION FOR LONGER THAN TWO YEARS.
  4. BEGINNING JANUARY FIRST, TWO THOUSAND THIRTEEN, A MANUFACTURER OF A
PRODUCT CONTAINING THE DECA MIXTURE RESTRICTED UNDER SUBDIVISION TWO  OF
THIS SECTION MUST NOTIFY PERSONS THAT SELL THE MANUFACTURER'S PRODUCT OF
THE REQUIREMENTS OF THIS SECTION.
  5.  IT  IS  THE  POLICY OF THE STATE THAT THE DECA MIXTURE BE REPLACED
WITH SAFER ALTERNATIVES AS SOON AS PRACTICABLE.
  FOR THE PURPOSES OF THIS SECTION, "SAFER ALTERNATIVE" MEANS A  SUBSTI-
TUTE  PROCESS,  PRODUCT, MATERIAL, CHEMICAL, STRATEGY OR ANY COMBINATION
OF THESE THAT AT A MINIMUM, MEETS THE FOLLOWING CRITERIA:
  (A) WHEN COMPARED TO THE CHEMICAL TO  BE  REPLACED  WOULD  REDUCE  THE
POTENTIAL FOR HARM TO HUMAN HEALTH AND THE ENVIRONMENT;
  (B)  SERVES  A FUNCTIONALLY EQUIVALENT PURPOSE THAT ENABLES APPLICABLE
FIRE SAFETY STANDARDS, APPROVALS  AND  TESTS  AND  RELEVANT  PERFORMANCE
STANDARDS TO BE MET;
  (C) IS COMMERCIALLY AVAILABLE ON A NATIONAL BASIS;
  (D) IS NOT COST-PROHIBITIVE; AND,
  (E) HAS NOT BEEN IDENTIFIED AS OR DOES NOT MEET THE CRITERIA FOR IDEN-
TIFICATION AS A PERSISTENT, BIOACCUMULATIVE TOXIC CHEMICAL BY THE UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY.
  S 2. This act shall take effect immediately.

co-Sponsors

2011-S5391B (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §37-0112, En Con L

2011-S5391B (ACTIVE) - Summary

Regulates the manufacture, sale and use of shipping pallets, recycled and new, that contain decabromodiphenyl ether.

2011-S5391B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5391B

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to regulating
the manufacture, sale and use of shipping pallets, recycled and new,
that contain the deca mixture

PURPOSE:
The purpose of this bill is to minimize the amount of certain
flame retardants used in certain products.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would:

* define "deca mixture" to mean a flame retardant containing
decabromodiphenyl ether.
* define "safer alternative" to mean a substitute process, product,
material, chemical, strategy or any combination of these that at a
minimum meets the following criteria:

o reduces the potential for harm to human health and the environment;
o serves a functionally equivalent purpose that meets applicable and
relevant guidelines;
o is commercially available on a national basis;
o is not cost-prohibitive; and,

o has not been identified or does not
meet the criteria for identification as a persistent, bioaccumulative
toxic chemical by the United States Environmental Protection Agency.

* prohibit the manufacture, sale or use of products, other than
shipping pallets, manufactured from recycled shipping pallets
containing the deca mixture;
* prohibit, beginning January 1, 2014, all persons from manufacturing,
selling or or using a shipping pallet containing the deca mixture,
except shipping pallets made from recycled shipping pallets,
provided, however that such recycled product may contain up to
one-tenth of one percentum of decabromodiphenyl ether by mass.
* permit the Commissioner of the Department of Environmental
Conservation to, upon receipt of a written application, grant an
exemption upon finding that:

o no safer alternative exists;
o a shipping pallet containing a proposed safer alternative fails to
meet the applicable and relevant guidelines; or,
o the applicant
needs additional time for making practicable or for modifying the
manufacturing process of a safer alternative;
require that all exemptions granted be for less than for two years;
and, require, beginning January 1, 2014, manufacturers of products
containing the deca mixture to notify persons that sell such product
of the prohibition.

JUSTIFICATION:
Shipping pallets come in varying sizes, types and
materials.


The National Fire Protection Association (NFPA) was established in
1896 and prepares fire prevention codes and standards. NFPA code
governs the inclusion of sprinklers and other fire prevention devices
in warehouses, and requires that warehouses that store items on
plastic pallets install more stringent fire protection devices (i.e.
sprinklers) or that the pallets include flame retardants. In
addition, the Grocery Manufacturers Association, adopted requirements
specifying a pallet weight limit of less than fifty pounds. These two
requirements have led to the development of pallets that contain up
to five pounds of flame retardant. Most often, that flame retardant
is Decabromodipheynyl ether (decaBDE). DecaBDE has been identified as
a potential endocrine disrupert and persistent toxic chemical and in
2009, the Environmental Protection Agency entered into an agreement
with the major manufacturers to ban its use in consumer products
beginning in 2012 and eliminating it completely by 2013. This
legislation is intended to reduce exposure to DecaBDE and is based on
laws adopted by the states of Maine and Oregon.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This bill shall take effect immediately.

2011-S5391B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5391--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 16, 2011
                               ___________

Introduced  by  Sens. GRISANTI, DUANE -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Environmental
  Conservation  -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee -- committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

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:

  Section  1.  The environmental conservation law is amended by adding a
new section 37-0112 to read as follows:
S 37-0112. DECA MIXTURE IN SHIPPING PALLETS.
  1. FOR PURPOSES OF THIS SECTION "DECA  MIXTURE"  SHALL  MEAN  A  FLAME
RETARDANT CONTAINING DECABROMODIPHENYL ETHER.
  2. (A) NO PERSON SHALL MANUFACTURE, SELL OR OFFER FOR SALE OR DISTRIB-
UTE  FOR  SALE  OR  USE IN THE STATE A PRODUCT THAT IS MANUFACTURED FROM
RECYCLED SHIPPING PALLETS CONTAINING THE DECA MIXTURE, EXCEPT THAT  THIS
PROHIBITION DOES NOT APPLY TO THE MANUFACTURING, SELLING OR DISTRIBUTION
OF SHIPPING PALLETS THAT ARE MANUFACTURED FROM RECYCLED SHIPPING PALLETS
CONTAINING THE DECA MIXTURE.
  (B) ON AND AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN, NO PERSON SHALL
MANUFACTURE, SELL OR OFFER FOR SALE OR DISTRIBUTE FOR SALE OR USE IN THE
STATE  A SHIPPING PALLET CONTAINING THE DECA MIXTURE, OTHER THAN A SHIP-
PING PALLET MADE FROM RECYCLED SHIPPING PALLETS PROVIDED,  HOWEVER  THAT
SUCH  RECYCLED  PRODUCT MAY CONTAIN UP TO ONE-TENTH OF ONE PER CENTUM OF
DECABROMODIPHENYL ETHER BY MASS.
  3. NOTWITHSTANDING PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, A
PERSON MAY SELL OR DISTRIBUTE A  SHIPPING  PALLET  CONTAINING  THE  DECA
MIXTURE FOR WHICH AN EXEMPTION IS OBTAINED PURSUANT TO THIS SUBDIVISION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09463-05-1

S. 5391--B                          2

A  MANUFACTURER OR OWNER OF A SHIPPING PALLET MAY APPLY FOR AN EXEMPTION
BY FILING A WRITTEN APPLICATION WITH THE COMMISSIONER.  THE  APPLICATION
MUST INCLUDE A PROPOSED DURATION FOR THE EXEMPTION. THE COMMISSIONER MAY
GRANT AN EXEMPTION UPON FINDING THAT:
  (A) A SAFER ALTERNATIVE THAT MEETS THE CRITERIA OF SUBDIVISION FIVE OF
THIS SECTION DOES NOT EXIST;
  (B) A SHIPPING PALLET CONTAINING A PROPOSED SAFER ALTERNATIVE FAILS TO
MEET  APPLICABLE  FIRE SAFETY STANDARDS, APPROVALS AND TESTS OR RELEVANT
PERFORMANCE STANDARDS;
  (C) ADDITIONAL TIME IS NEEDED BY THE APPLICANT TO COMPLETE TESTING  OR
OBTAIN  APPROVAL  TO ENSURE THAT A SHIPPING PALLET CONTAINING A PROPOSED
SAFER  ALTERNATIVE  COMPLIES  WITH  APPLICABLE  FIRE  SAFETY  STANDARDS,
APPROVALS AND TESTS; OR
  (D)  ADDITIONAL TIME IS NEEDED BY THE APPLICANT TO MODIFY THE MANUFAC-
TURING PROCESS IN ORDER TO PRODUCE  A  SHIPPING  PALLET  CONTAINING  THE
SAFER ALTERNATIVE.
  THE  COMMISSIONER SHALL NOT GRANT AN EXEMPTION PURSUANT TO THIS SUBDI-
VISION FOR LONGER THAN TWO YEARS.
  4. BEGINNING JANUARY FIRST, TWO THOUSAND FOURTEEN, A MANUFACTURER OF A
PRODUCT CONTAINING THE DECA MIXTURE RESTRICTED UNDER SUBDIVISION TWO  OF
THIS SECTION MUST NOTIFY PERSONS THAT SELL THE MANUFACTURER'S PRODUCT OF
THE REQUIREMENTS OF THIS SECTION.
  5.  IT  IS  THE  POLICY OF THE STATE THAT THE DECA MIXTURE BE REPLACED
WITH SAFER ALTERNATIVES AS SOON AS PRACTICABLE.
  FOR THE PURPOSES OF THIS SECTION, "SAFER ALTERNATIVE" MEANS A  SUBSTI-
TUTE  PROCESS,  PRODUCT, MATERIAL, CHEMICAL, STRATEGY OR ANY COMBINATION
OF THESE THAT AT A MINIMUM, MEETS THE FOLLOWING CRITERIA:
  (A) WHEN COMPARED TO THE CHEMICAL TO  BE  REPLACED  WOULD  REDUCE  THE
POTENTIAL FOR HARM TO HUMAN HEALTH AND THE ENVIRONMENT;
  (B)  SERVES  A FUNCTIONALLY EQUIVALENT PURPOSE THAT ENABLES APPLICABLE
FIRE SAFETY STANDARDS, APPROVALS  AND  TESTS  AND  RELEVANT  PERFORMANCE
STANDARDS TO BE MET;
  (C) IS COMMERCIALLY AVAILABLE ON A NATIONAL BASIS;
  (D) IS NOT COST-PROHIBITIVE; AND,
  (E) HAS NOT BEEN IDENTIFIED AS OR DOES NOT MEET THE CRITERIA FOR IDEN-
TIFICATION AS A PERSISTENT, BIOACCUMULATIVE TOXIC CHEMICAL BY THE UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY.
  S 2. This act shall take effect immediately.

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Senate Bill S5391B

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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Sponsored By

Mark Grisanti

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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2011-S5391 - Details

2011-S5391 - Summary

2011-S5391 - Sponsor Memo

2011-S5391 - Bill Text download pdf

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Thomas K. Duane

2011-S5391A - Details

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Thomas K. Duane

2011-S5391B (ACTIVE) - Details

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2011-S5391B (ACTIVE) - Bill Text download pdf

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