Bill Text: NY A00212 | 2011-2012 | General Assembly | Amended
Bill Title: Prohibits the manufacture, sale or distribution of business transaction paper containing bisphenol A.
Spectrum: Strong Partisan Bill (Democrat 16-1)
Status: (Engrossed - Dead) 2012-06-20 - REFERRED TO RULES [A00212 Detail]
Download: New_York-2011-A00212-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
212--A
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. MAISEL, ENGLEBRIGHT, JAFFEE, SPANO, COLTON,
LUPARDO, ROBINSON, P. RIVERA, WEPRIN, SCHIMEL, PERRY, BRONSON --
Multi-Sponsored by -- M. of A. GIBSON, JOHNS -- read once and
referred 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-
lation of bisphenol A in business transaction paper
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 37-0508 to read as follows:
3 S 37-0508. REGULATION OF BISPHENOL A IN BUSINESS TRANSACTION PAPER.
4 1. BISPHENOL A PROHIBITION IN BUSINESS TRANSACTION PAPER. NO PERSON,
5 FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPANY OR CORPO-
6 RATION, INCLUDING BANKING ORGANIZATIONS, SHALL DISTRIBUTE OR USE ANY
7 PAPER CONTAINING BISPHENOL A FOR THE RECORDING OF ANY BUSINESS OR BANK-
8 ING TRANSACTION INCLUDING, BUT NOT LIMITED TO, RECEIPTS, CREDITS, WITH-
9 DRAWALS, DEPOSITS, AND CREDIT AND DEBIT CARD RECORDS.
10 2. PAPER MANUFACTURER RESPONSIBILITIES. A. NO PAPER MANUFACTURER SHALL
11 PRODUCE OR DISTRIBUTE ANY PAPER CONTAINING BISPHENOL A WHICH IS PROHIB-
12 ITED TO BE USED OR DISTRIBUTED PURSUANT TO SUBDIVISION ONE OF THIS
13 SECTION.
14 B. ANY PAPER MANUFACTURER THAT PRODUCES PAPER CONTAINING BISPHENOL A
15 FOR THE PURPOSES REFERRED TO IN SUBDIVISION ONE OF THIS SECTION SHALL:
16 (1) NOT REPLACE BISPHENOL A WITH ANOTHER CHEMICAL COMPOUND THAT HAS
17 BEEN SCIENTIFICALLY ESTABLISHED TO BE A KNOWN HUMAN CARCINOGEN AS CLAS-
18 SIFIED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, A DEVELOP-
19 MENTAL TOXIN, AN ENDOCRINE DISRUPTOR OR A REPRODUCTIVE TOXIN;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00765-03-1
A. 212--A 2
1 (2) USE THE LEAST TOXIC ALTERNATIVE CHEMICAL COMPOUND TO REPLACE
2 BISPHENOL A;
3 (3) PROVIDE INFORMATION ON THE CHEMICAL COMPOUND USED TO REPLACE
4 BISPHENOL A TO THE DEPARTMENT; AND
5 (4) NOT MANUFACTURE SUCH PAPER UNTIL THE DEPARTMENT SHALL HAVE CERTI-
6 FIED ALTERNATIVE CHEMICAL COMPOUNDS TO BISPHENOL A BASED UPON THE RECOM-
7 MENDATIONS OF THE ADVISORY COMMITTEE ON LEAST TOXIC ALTERNATIVES TO
8 BISPHENOL A.
9 3. DEPARTMENT RESPONSIBILITIES. A. THE DEPARTMENT SHALL CERTIFY THAT
10 ANY CHEMICAL COMPOUND USED TO REPLACE BISPHENOL A IN THE MANUFACTURE OF
11 PAPER PURSUANT TO SUBDIVISION TWO OF THIS SECTION IS:
12 (1) THE LEAST TOXIC ALTERNATIVE AVAILABLE; AND
13 (2) NOT A KNOWN HUMAN CARCINOGEN AS CLASSIFIED BY THE UNITED STATES
14 ENVIRONMENTAL PROTECTION AGENCY, A DEVELOPMENTAL TOXIN, AN ENDOCRINE
15 DISRUPTOR OR A REPRODUCTIVE TOXIN.
16 B. NOT LESS THAN ONCE EVERY CALENDAR YEAR, THE DEPARTMENT SHALL UPDATE
17 THE REQUIREMENTS FOR CERTIFICATION OF LEAST TOXIC ALTERNATIVES TO
18 BISPHENOL A AND PROVIDE SUCH INFORMATION TO PAPER MANUFACTURERS SUBJECT
19 TO THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION. FURTHERMORE, THE
20 DEPARTMENT SHALL ANNUALLY UPDATE ITS INFORMATION ON THOSE CHEMICAL
21 COMPOUNDS THAT ARE KNOWN HUMAN CARCINOGENS, DEVELOPMENTAL TOXINS, ENDOC-
22 RINE DISRUPTERS OR REPRODUCTIVE TOXINS, AND SHALL PROVIDE SUCH INFORMA-
23 TION TO PAPER MANUFACTURERS SUBJECT TO THE PROVISIONS OF SUBDIVISION TWO
24 OF THIS SECTION. THE DEPARTMENT SHALL MAKE ALL INFORMATION COMPILED
25 PURSUANT TO THIS SUBDIVISION AVAILABLE TO THE PUBLIC ON THE DEPARTMENT'S
26 INTERNET WEBSITE.
27 C. THE DEPARTMENT SHALL INVESTIGATE AND DETERMINE ACCEPTABLE METHODS
28 OF DISPOSAL AND RECYCLING OF BUSINESS TRANSACTION PAPER CONTAINING
29 BISPHENOL A SO AS TO ELIMINATE OR MINIMIZE EXPOSURE TO BISPHENOL A. THE
30 DEPARTMENT SHALL PROVIDE PUBLIC NOTICE OF THE SAFE PRACTICES FOR HANDL-
31 ING AND DISPOSING OF SUCH PAPER.
32 4. ADVISORY COMMITTEE ON LEAST TOXIC ALTERNATIVES TO BISPHENOL A. A.
33 WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT
34 SHALL CONVENE AN ADVISORY PANEL OF EXPERTS FOR THE PURPOSE OF ADVISING
35 THE DEPARTMENT ON LEAST TOXIC ALTERNATIVES TO BISPHENOL A. THE NAMES OF
36 THE MEMBERS OF THIS COMMITTEE SHALL BE AVAILABLE ON THE DEPARTMENT'S
37 WEBSITE.
38 B. THE ADVISORY COMMITTEE SHALL BE COMPOSED OF COMPETENT, INDEPENDENT
39 SCIENTISTS WHO HAVE NO CURRENT OR PAST EMPLOYMENT OR FINANCIAL CONFLICTS
40 OF INTEREST WITH MANUFACTURERS OF BISPHENOL A OR PRODUCTS CONTAINING
41 BISPHENOL A.
42 C. ADVISORY COMMITTEE MEMBERS SHALL HAVE SUBSTANTIAL EXPERIENCE IN
43 EVALUATING TOXICOLOGICAL AND EPIDEMIOLOGICAL DATA ON TOXIC CHEMICALS,
44 INCLUDING THEIR POTENTIAL CARCINOGENIC, ENDOCRINE DISRUPTIVE, REPRODUC-
45 TIVE, DEVELOPMENTAL OR NEUROLOGICAL EFFECTS. CHEMICALS CONSIDERED TO BE
46 TOXIC SHALL BE THOSE LIKELY TO CAUSE OR CONTRIBUTE TO ACUTE ILLNESS OR
47 CHRONIC IMPACTS NEGATIVELY ALTERING HUMAN BIOLOGICAL FUNCTIONS OR ABILI-
48 TY TO RESPOND TO ENVIRONMENTAL ASSAULTS.
49 D. THE ADVISORY COMMITTEE SHALL BE CONVENED WITHIN SIXTY DAYS OF THE
50 EFFECTIVE DATE OF THIS SECTION AND AT SUCH TIMES AS THE DEPARTMENT SEEKS
51 FURTHER RECOMMENDATIONS OR CLARIFICATIONS OF CURRENT DATA. ALL MEETINGS
52 AND PROCEEDINGS OF THE COMMITTEE SHALL BE SUBJECT TO THE PROVISIONS OF
53 ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
54 S 2. This act shall take effect on the one hundred eightieth day after
55 it shall have become a law.
