Bill Text: NY A05454 | 2011-2012 | General Assembly | Introduced
Bill Title: Enacts the "wireless telephone right to know law" to require wireless telephone retailers to provide consumers with information on radiofrequency emittance risks and precautions.
Spectrum: Moderate Partisan Bill (Democrat 16-5)
Status: (Introduced - Dead) 2012-09-04 - enacting clause stricken [A05454 Detail]
Download: New_York-2011-A05454-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5454
2011-2012 Regular Sessions
I N A S S E M B L Y
February 18, 2011
___________
Introduced by M. of A. P. RIVERA -- read once and referred to the
Committee on Consumer Affairs and Protection
AN ACT to amend the environmental conservation law, in relation to
requiring the disclosure of the specific absorption rates of cellular
telephones to consumers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Article 37 of the environmental conservation law is amended
2 by adding a new title 7 to read as follows:
3 TITLE 7
4 CELLULAR TELEPHONE DISCLOSURE
5 SECTION 37-0701. SHORT TITLE.
6 37-0703. LEGISLATIVE FINDINGS.
7 37-0705. DEFINITIONS.
8 37-0707. REQUIREMENTS FOR CELLULAR TELEPHONE SERVICE PROVIDERS.
9 37-0709. REQUIREMENTS FOR CELLULAR TELEPHONE RETAILERS.
10 37-0711. RULES AND REGULATIONS.
11 37-0713. PENALTIES.
12 S 37-0701. SHORT TITLE.
13 THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS THE "CELLULAR TELEPHONE
14 RIGHT TO KNOW LAW".
15 S 37-0703. LEGISLATIVE FINDINGS.
16 THE LEGISLATURE HEREBY FINDS THAT:
17 1. GOVERNMENT AGENCIES AND SCIENTIFIC BODIES IN THE EUROPEAN UNION AND
18 ISRAEL HAVE RECOGNIZED THE POTENTIAL HARM OF LONG-TERM EXPOSURE TO RADI-
19 ATION EMITTED FROM CELLULAR TELEPHONES AND, AS A RESULT, HAVE ISSUED
20 WARNINGS ABOUT THEIR USE, ESPECIALLY THEIR USE BY CHILDREN;
21 2. THE FEDERAL COMMUNICATIONS COMMISSION ("FCC") HAS ESTABLISHED A
22 MAXIMUM ALLOWABLE SPECIFIC ABSORPTION RATE ("SAR") RATING THAT MANUFAC-
23 TURERS ARE REQUIRED TO DISCLOSE TO SUCH COMMISSION WHEN OFFERING CELLU-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00985-01-1
A. 5454 2
1 LAR TELEPHONES FOR SALE. THE SAR IS A VALUE THAT CORRESPONDS TO THE
2 RELATIVE AMOUNT OF RADIO FREQUENCY ENERGY ABSORBED IN THE HEAD OR BODY
3 OF A CELLULAR TELEPHONE USER. CURRENTLY, THE FCC LIMIT FOR PUBLIC EXPO-
4 SURE FROM CELLULAR TELEPHONES IS A SAR OF 1.6 WATTS PER KILOGRAM AS
5 AVERAGED OVER ANY 1 GRAM OF TISSUE IN AN AREA SUCH AS THE USER'S HEAD;
6 3. THE SARS FOR DIFFERENT MAKES AND MODELS OF CELLULAR TELEPHONES
7 DIFFER WIDELY, HOWEVER CONSUMERS ARE NOT ABLE TO MAKE INFORMED PURCHAS-
8 ING DECISIONS BECAUSE THERE IS NO REQUIREMENT THAT RETAIL SELLERS OF
9 CELLULAR TELEPHONES PROVIDE THE SARS TO CONSUMERS OF THE VARIOUS MAKES
10 AND MODELS OF CELLULAR TELEPHONES SOLD;
11 4. CELLULAR TELEPHONES ARE IMPORTANT COMMUNICATIONS TOOLS, PARTICULAR-
12 LY DURING EMERGENCIES; AND
13 5. CONSUMERS CAN REDUCE THEIR EXPOSURE TO THE RADIATION EMITTED FROM
14 CELLULAR TELEPHONES BY USING THE SPEAKERPHONE FEATURE OR A HEADSET, OR
15 BY SENDING TEXT MESSAGES.
16 S 37-0705. DEFINITIONS.
17 AS USED IN THIS TITLE, THE FOLLOWING WORDS AND TERMS SHALL HAVE THE
18 FOLLOWING MEANINGS UNLESS THE CONTEXT INDICATES ANOTHER OR DIFFERENT
19 MEANING OR INTENT:
20 1. "CELLULAR TELEPHONE" MEANS A WIRELESS COMMUNICATIONS DEVICE AS
21 DEFINED IN SUBDIVISION NINE OF SECTION THREE HUNDRED ONE OF THE COUNTY
22 LAW.
23 2. "CELLULAR TELEPHONE RETAILER" MEANS ANY PERSON OR ENTITY THAT
24 SELLS, LEASES, OR OFFERS FOR SALE OR LEASE, AT RETAIL, CELLULAR TELE-
25 PHONES.
26 3. "CELLULAR TELEPHONE SERVICE PROVIDER" MEANS A WIRELESS COMMUNI-
27 CATIONS SERVICE SUPPLIER AS DEFINED IN SUBDIVISION TWELVE OF SECTION
28 THREE HUNDRED ONE OF THE COUNTY LAW.
29 4. "DISPLAY MATERIALS" MEANS INFORMATIONAL OR PROMOTIONAL MATERIALS
30 POSTED ADJACENT TO A SAMPLE CELLULAR TELEPHONE OR CELLULAR TELEPHONES ON
31 DISPLAY AT A RETAIL LOCATION THAT DESCRIBE OR LIST THE FEATURES OF SUCH
32 TELEPHONE OR TELEPHONES. SUCH TERM SHALL NOT INCLUDE ANY TAG, STICKER OR
33 DECAL ATTACHED TO A CELLULAR TELEPHONE BY THE MANUFACTURER, THE MANUFAC-
34 TURER'S PACKAGING FOR A CELLULAR TELEPHONE, OR MATERIALS THAT LIST ONLY
35 THE PRICE AND AN IDENTIFIER FOR A CELLULAR TELEPHONE.
36 5. "SAR VALUE" MEANS THE MAXIMUM WHOLE BODY AND SPATIAL SPECIFIC
37 ABSORPTION RATE FOR A SPECIFIC MAKE AND MODEL OF CELLULAR TELEPHONE AS
38 REGISTERED WITH THE FEDERAL COMMUNICATIONS COMMISSION.
39 S 37-0707. REQUIREMENTS FOR CELLULAR TELEPHONE SERVICE PROVIDERS.
40 1. EVERY CELLULAR TELEPHONE SERVICE PROVIDER THAT SELLS SERVICE
41 THROUGH A CELLULAR TELEPHONE RETAILER, DOING BUSINESS IN THIS STATE,
42 SHALL PROVIDE A LIST TO THE DEPARTMENT OF ALL SUCH RETAILERS THROUGH
43 WHICH THE CELLULAR TELEPHONE SERVICE PROVIDER OFFERS SERVICE. SUCH LIST
44 SHALL BE PROVIDED TO THE DEPARTMENT ON A FORM ESTABLISHED BY THE COMMIS-
45 SIONER. EACH CELLULAR TELEPHONE SERVICE PROVIDER SHALL UPDATE ITS LIST
46 OF RETAILERS ON AN ANNUAL BASIS.
47 2. EVERY CELLULAR TELEPHONE SERVICE PROVIDER THAT SELLS SERVICE
48 THROUGH A CELLULAR TELEPHONE RETAILER OR RETAILERS, DOING BUSINESS IN
49 THIS STATE, SHALL PROVIDE SUCH RETAILER OR RETAILERS WITH THE SAR VALUE
50 OF EACH MAKE AND MODEL OF CELLULAR TELEPHONE SOLD OR LEASED BY THE
51 RETAILER OR RETAILERS IN CONNECTION WITH THE SERVICE OFFERED BY THE
52 CELLULAR TELEPHONE SERVICE PROVIDER. EACH CELLULAR TELEPHONE SERVICE
53 PROVIDER SHALL UPDATE THE INFORMATION IT PROVIDES TO CELLULAR TELEPHONE
54 RETAILERS WHENEVER NEW MAKES AND MODELS OF CELLULAR TELEPHONES ARE
55 OFFERED, AND MAKES AND MODELS THEREOF ARE WITHDRAWN FROM THE MARKET, AND
56 NEW INFORMATION ON THE SAR VALUE ON ANY CELLULAR TELEPHONE IS RECEIVED.
A. 5454 3
1 S 37-0709. REQUIREMENTS FOR CELLULAR TELEPHONE RETAILERS.
2 1. IF A CELLULAR TELEPHONE RETAILER POSTS DISPLAY MATERIALS IN
3 CONNECTION WITH A SAMPLE CELLULAR TELEPHONE OR TELEPHONES, SUCH DISPLAY
4 MATERIALS SHALL INCLUDE:
5 A. THE SAR VALUE OF THE CELLULAR TELEPHONE AND THE MAXIMUM ALLOWABLE
6 SAR VALUE FOR CELLULAR TELEPHONES ESTABLISHED BY THE FEDERAL COMMUNI-
7 CATIONS COMMISSION;
8 B. A STATEMENT EXPLAINING WHAT A SAR VALUE IS; AND
9 C. A STATEMENT THAT ADDITIONAL EDUCATIONAL MATERIALS REGARDING SAR
10 VALUES AND CELLULAR TELEPHONE USE ARE AVAILABLE FROM THE CELLULAR TELE-
11 PHONE RETAILER.
12 SUCH PROVISIONS SHALL BE PRINTED IN A SPACE NOT SMALLER THAN 1 INCH BY
13 2.625 INCHES. THE SAR VALUES AND HEADING TEXT SHALL BE PRINTED IN TYPE
14 NOT SMALLER THAN THE SIZE AND READABILITY OF "ARIAL" FONT OF TWELVE
15 POINT, AND THE COPY TEXT SHALL BE PRINTED IN TYPE NOT SMALLER THAN THE
16 SIZE AND READABILITY OF "ARIAL" FONT OF EIGHT POINT.
17 2. IN THE EVENT THAT A CELLULAR TELEPHONE RETAILER DOES NOT POST
18 DISPLAY MATERIALS IN CONNECTION WITH A SAMPLE CELLULAR TELEPHONE OR
19 TELEPHONES, SUCH RETAILER SHALL DISPLAY, IN A PROMINENT LOCATION WITH
20 THE RETAIL LOCATION VISIBLE TO THE PUBLIC, A POSTER THAT INCLUDES:
21 A. THE SAR VALUE OF EACH MAKE AND MODEL OF CELLULAR TELEPHONE OFFERED
22 FOR SALE OR LEASE AT THAT RETAIL LOCATION, AND THE MAXIMUM ALLOWABLE SAR
23 VALUE FOR CELLULAR TELEPHONES ESTABLISHED BY THE FEDERAL COMMUNICATIONS
24 COMMISSION;
25 B. A STATEMENT EXPLAINING WHAT A SAR VALUE IS; AND
26 C. A STATEMENT THAT ADDITIONAL EDUCATIONAL MATERIAL REGARDING SAR
27 VALUES AND CELLULAR TELEPHONE USE IS AVAILABLE FROM THE CELLULAR TELE-
28 PHONE RETAILER.
29 SUCH POSTER SHALL BE NO LESS THAN EIGHT AND ONE-HALF INCHES BY ELEVEN
30 INCHES.
31 3. THE COMMISSIONER MAY, BY RULE OR REGULATION, AUTHORIZE CELLULAR
32 TELEPHONE RETAILERS TO USE ALTERNATIVE MEANS OF COMPLYING WITH THE
33 PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION.
34 S 37-0711. RULES AND REGULATIONS.
35 1. THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH,
36 SHALL DEVELOP AND PUBLISH A FACTSHEET ON SAR VALUES AND THE USE OF
37 CELLULAR TELEPHONES FOR THE EDUCATION OF THE PUBLIC.
38 2. THE DEPARTMENT SHALL PROMULGATE ANY RULES AND REGULATIONS NECESSARY
39 TO IMPLEMENT THE PROVISIONS OF SECTION 37-0709 OF THIS TITLE.
40 3. ALL RULES AND REGULATIONS PROMULGATED PURSUANT TO THIS TITLE SHALL
41 BE CONSISTENT WITH AND BE BASED UPON THE INFORMATION PUBLISHED BY THE
42 FEDERAL COMMUNICATIONS COMMISSION AND OTHER FEDERAL AGENCIES HAVING
43 JURISDICTION OVER CELLULAR TELEPHONES.
44 S 37-0713. PENALTIES.
45 EACH VIOLATION OF THIS TITLE SHALL BE PUNISHABLE BY THE IMPOSITION OF
46 A CIVIL FINE AS FOLLOWS:
47 1. FOR A FIRST VIOLATION, A FINE NOT TO EXCEED ONE HUNDRED DOLLARS;
48 2. FOR A SECOND VIOLATION WITHIN ANY TWELVE MONTH PERIOD, A FINE NOT
49 TO EXCEED TWO HUNDRED FIFTY DOLLARS; AND
50 3. FOR A THIRD OR SUBSEQUENT VIOLATION WITHIN ANY TWELVE MONTH PERIOD,
51 A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS.
52 S 2. This act shall take effect immediately, except that sections
53 37-0707, 37-0709 and 37-0713 of the environmental conservation law, as
54 added by section one of this act, shall take effect on the first of
55 January next succeeding the date on which it shall have become a law.
