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

                                 7711--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              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:

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09463-03-1
              

A. 7711--A                          2

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:
  (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.