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.