More Than Pallets

LOOK! Up in New York…it’s a bird…it’s a plane…its SUPERBILL…a bill submitted by strange legislators from an ignorant State! 

Truth, justice and the American way is not the direction proposed bans of products is heading.  Everything known about DecaBDE is suspected and more research is required to truly know affects low doses has to humans.  But the lack of knowledge (ignorance) is not stopping legislators from submitting bills that can have an adverse affect to commerce in the U.S.  New York has amended the Environmental Conservation Law to include a ban of decaBDE. This bill is similar to Congresswoman C. Pingree’s  (D-Maine) H.R. 4394: Decabromine Elimination and Control Act.  The next step was to establish hardship on a specific market sector, the pallet industry, in the form of L.D. 1586 introduced by Representative H. Pingree.  Representative Pingree (D-Maine) amended H.R. 4394 to include pallets manufactured with decaBDE, namely the iGPS pooled plastic pallet.  It is claimed that decaBDE leaches from the iGPS pallet in a hydro-cooler environment which will contaminate perishable foods.  There is no concrete evidence that the iGPS plastic pallet contaminates food through transference of decaBDE. 

Stupid is as stupid does (F. Gump)

Ok, here is the interesting turn of events.  Representative Boyland is one of the N.Y. State Representatives that introduced A7573 which bans decaBDE manufactured in products.  Representative Boyland also introduced A9173 which bans perishable items to be shipped on wood pallets due to contamination.  Should A7573 pass and an amendment introduced that includes plastic pallets, and A9173 pass as well, how would Representative Boyland propose to ship merchandise to market… in weaved baskets loaded on donkey’s?  That would be great for those with liberal arts degrees in under-water basket weaving.

Sarcasm aside, non-pooled plastic pallets cannot meet a price point that can provide acceptable profit margins for small business.  The only viable plastic pallet for mass market is the iGPS plastic pallet, and they do not have the inventory to meet 100% of pallets needed to ship perishable products to the N.Y. market.      

The Environmental Advocates of New York support A7573 stating that an estimated 24,000 metric tons of deca-BDE is used annually in North America.  You can read their full statement here.

The Citizens for Fire Safety opposes irresponsible legislation, not because deca does not need to be replaced, but the manner in which government mandates it.  Citizens for Fire Safety is a coalition of medical professionals, fire personnel, businesses, neighborhoods and community activists that have joined to ensure that communities across the nation are protected by the highest fire safety standards.  Safephaseout.org is an organization that has come together to ensure that the phase-out of fire safety products such as deca-BDE is conducted in a efficient and responsible manner. We are also working to encourage and promote a new generation of fire retardant products that are safe, effective and environmentally friendly.  You can read their full statement here.

To view the amendment click here.  Here is the complete amendment:

A7573 Text

S T A T E O F N E W Y O R K ________________________________________________________________________
7573
2009-2010 Regular Sessions I N ASSEMBLY April 16, 2009 ___________
Introduced by M. of A. SWEENEY, CLARK, BOYLAND, KOON, WEISENBERG, PEOPLES, HOOPER, COLTON, PERALTA – read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to restricting the use of certain ethers in certain products THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:

Section 1. Legislative intent. The legislature finds and declares the following: Polybrominated diphenyl ethers (PBDEs) have been used exten sively as flame retardants in a large number of common household products for the past thirty years. Studies on animals show that PBDEs can impact the developing brain, affecting behavior and learning after birth and into adulthood, making exposure to fetuses and children a particular concern. Levels of PBDEs are increasing in people, and in the environment, particularly in North America. Because people can be exposed to these chemicals through house dust and indoor air, it is important to phase out their use in common household products, provided that effective flame retardants that are safer and technically feasible are available at a reasonable cost.

S 2.

Section 37-0101 of the environmental conservation law is amended by adding two new subdivisions 7 and 8 to read as follows:
7. “COVERED ELECTRONIC DEVICE” MEANS A DESKTOP OR PERSONAL COMPUTER, COMPUTER MONITOR, PORTABLE COMPUTER, CATHODE RAY TUBE BASED TELEVISION OR A TELEVISION THAT IS NOT CATHODE RAY TUBE BASED. 8. “DECABROMODIPHENYL ETHER” MEANS THE CHEMICAL MIXTURE PREDOMINATELY COMPRISED OF DECABROMODIPHENYL ETHER, AND INCLUDING ASSOCIATED POLYBRO MINATED DIPHENYL ETHER IMPURITIES NOT INTENTIONALLY ADDED.

S 3. The environmental conservation law is amended by adding a new section 37-0112 to read as follows:

S 37-0112. RESTRICTION OF DECABROMODIPHENYL ETHER IN ELECTRONICS AND TEXTILES. EXPLANATION–Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02206-03-9
A. 7573 2 1. PROHIBITION. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION, ON AND AFTER JULY FIRST, TWO THOUSAND TWELVE, A PERSON MAY NOT MANUFAC TURE, PROCESS, OR DISTRIBUTE IN COMMERCE ANY OF THE FOLLOWING PRODUCTS IF THEY CONTAIN COMMERCIAL DECABROMODIPHENYL ETHER:
A. COVERED ELECTRONIC DEVICES; B. UPHOLSTERED FURNITURE OR TEXTILES INTENDED FOR INDOOR USE IN A HOME OR OTHER RESIDENTIAL OCCUPANCY; OR C. MATTRESSES AND MATTRESS PADS.

2. EXEMPTION. THE FOLLOWING PRODUCTS CONTAINING POLYBROMINATED DIPHE NYL ETHERS ARE EXEMPT FROM THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION:
            A. ANY USED TRANSPORTATION VEHICLE WITH COMPONENT PARTS CONTAINING POLYBROMINATED DIPHENYL ETHERS;

            B. ANY USED TRANSPORTATION VEHICLE PARTS OR NEW TRANSPORTATION VEHICLE PARTS MANUFACTURED BEFORE JANUARY FIRST, TWO THOUSAND ELEVEN;

             C. EQUIPMENT USED PRIMARILY FOR MILITARY OR FEDERALLY FUNDED SPACE PROGRAM APPLICATIONS.   THIS EXEMPTION DOES NOT COVER CONSUMER-BASED GOODS WITH BROAD APPLICABILITY;

             D. ANY USED PRODUCT SOLD OR DISTRIBUTED BY A BUSINESS, CHARITY, OR PRIVATE PARTY; AND

            E. MEDICAL DEVICES.

3.  RETAILERS IN POSSESSION. IN-STATE RETAILERS IN POSSESSION OF PRODUCTS ON JULY FIRST, TWO THOUSAND TWELVE, THAT ARE BANNED FOR SALE UNDER SUBDIVISION ONE OF THIS SECTION MAY EXHAUST THEIR STOCK THROUGH SALES TO THE PUBLIC. NOTHING IN THIS SECTION SHALL RESTRICT THE ABILITY OF A MANUFACTURER, IMPORTER, OR DISTRIBUTOR FROM TRANSPORTING PRODUCTS CONTAINING POLYBROMINATED DIPHENYL ETHERS THROUGHOUT THE STATE, OR STOR ING SUCH PRODUCTS IN THE STATE FOR LATER DISTRIBUTION OUTSIDE THE STATE.

4.  ONGOING REVIEW OF AVAILABILITY OF ALTERNATIVES TO DECABROMODIPHENYL ETHER. BY JULY FIRST, TWO THOUSAND ELEVEN, THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES SHALL GIVE PRIORITY AND PREFERENCE TO THE PURCHASE OF EQUIPMENT, SUPPLIES, AND OTHER PRODUCTS THAT DO NOT CONTAIN DECABROMODIPHENYL ETHERS.

5.  LABELING AND POSITIVE RECOGNITION. THE COMMISSIONER MAY ESTABLISH A “PBDE-FREE” PRODUCT LABELING PROGRAM FOR PRODUCTS THAT DO NOT CONTAIN POLYBROMINATED DIPHENYL ETHERS. THE COMMISSIONER MAY ESTABLISH PARTNER SHIPS WITH MANUFACTURERS OF POLYBROMINATED DIPHENYL ETHERS TO ENHANCE THE MARKET FOR PRODUCTS THAT DO NOT CONTAIN POLYBROMINATED DIPHENYL ETHERS AND REDUCE THE USE OF POLYBROMINATED DIPHENYL ETHERS IN PRODUCTS. THE COMMISSIONER MAY DEVELOP AN AWARDS PROGRAM TO RECOGNIZE THE ACCOM PLISHMENTS OF MANUFACTURERS WHO EXCEED THE REQUIREMENTS OF THIS SECTION AND WHO EXCEL AT REDUCING OR ELIMINATING DECABROMODIPHENYL ETHER IN PRODUCTS AND THE ENVIRONMENT.

6.  PENALTIES. A MANUFACTURER WHO VIOLATES THIS SECTION IS SUBJECT TO A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH VIOLATION PER DAY IN THE CASE OF A FIRST OFFENSE. A MANUFACTURER IS SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS FOR EACH REPEAT OFFENSE PER DAY.

S 4. This act shall take effect on the first of July next succeeding the date on which it shall have become a law.

Other measures passed in the Superbill are:

• SUPER BILL: Global Warming Pollution Control Act – This measure would cap and then gradually reduce New York’s climate change pollution from all sources until statewide greenhouse gas emissions are 80 percent below 1990 levels.

• Recyclables in Landfills – This bill would prohibit the disposal of recyclable materials in landfills and incinerators, and specifies materials to be separated for recycling, such as newsprint, glass containers, metal containers, and certain plastics.

• Wetlands Protection Act – This bill would amend state law to provide the State’s Department of Environmental Conservation with regulatory authority over New York’s freshwater wetlands of one acre or more.

• Bisphenol A (BPA) Ban – This bill would prohibit the sale of certain toys, products, and beverage containers lined with or containing BPA intended for use by children under three.

• Healthy Green Procurement – This measure would set minimum specifications for healthy and green procurement by state agencies.

• Deca-Flame Retardant Ban – This bill amends New York State’s Environmental Conservation Law to include decabromodiphenyl ether (deca-BDE) among the brominated flame retardants whose manufacture, process or sale is prohibited.

• Environmental Impact Reports – This bill would require New York State’s Department of Environmental Conservation (DEC) to issue biennial reports listing high local environmental impact zones across the state.

• Environmental Justice Advisory Group – This bill would incorporate environmental justice principles into New York State agencies’ decision-making processes, make permanent the Environmental Justice Advisory Group within the state’s Department of Environmental Conservation, and establish an Environmental Justice Interagency Coordinating Council to report on the effectiveness and implementation of New York’s environmental justice policies within state agencies.

• Mercury Thermostat Collection – This bill would amend New York’s Environmental Conservation Law to encourage the safe collection of thermostats that contain mercury. The legislation would require manufacturers to submit and implement a plan for the collection of out-of-service thermostats to the State’s Department of Environmental Conservation.

Hang on to your boots economic recovery!!! This bill should be re-named from Superbill to Bizzarobill…for all you comic challenged …Bizzaro first appeared in Superboy #68(1958).   In Bizzaro’s world, good means bad and vis versa…you connect the dots.