Budget Amendment ID: FY2012-S3-15

OTH 15

TOXIC SUBSTANCES

Mr. Tolman moved that the proposed new text be amended by inserting at the end thereof the following new section: -

SECTION XX

Section 1:

Section 1 of Chapter 94B is hereby amended by inserting in line 2, after the word “hazards” in the definition of “banned hazardous substance”, the following words:-

“or any plastic shipping pallet that contains more than one-tenth of 1% by mass of decabrominated diphenyl ether.”

Section 2:

Section 2 of Chapter 94B is hereby amended by inserting after subsection (g), the following new section:-

(h) Notwithstanding any other section or clause to the contrary, this section shall not apply to:

(1)the manufacture, sale, repair, distribution, maintenance, refurbishment or modification of any new raw material or component part used in a motor vehicle, as defined by Section 1 of Chapter 90 of the General Laws, or an airplane with component parts, including but not limited to original spare parts, that contain decabrominated diphenyl ether; or

(2)the use of commercial decabrominated diphenyl ether in the maintenance, refurbishment or modification of equipment used for purposes related to transportation, except a plastic shipping pallet that contains more than one-tenth of 1% by mass of decabrominated diphenyl ether.

Section 3:

Section 5 of Chapter 94B is hereby amended by inserting after clause (b), the following new clause:-

(c) Manufacturers of plastic shipping pallets that contain more than one-tenth of 1% of decabrominated diphenyl ether shall notify all persons that sell, possess, distribute, introduce or deliver for introduction into commerce the product of the requirements of this section no later than January 1, 2012.

Section 4:

This Section shall take effect on January 1, 2013.