S T A T E O F N E W Y O R K ________________________________________________________________________ 5813 2013-2014 Regular Sessions I N A S S E M B L Y March 6, 2013 ___________ Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the Committee on Health AN ACT to direct the department of health to conduct a comprehensive public health study; and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative findings. The legislature finds that increas- 2 ingly, synthetic turf is being installed in many locations in New York 3 state, including parks, athletic fields and other settings where natural 4 grass was previously grown. In recent years, crumb rubber fill is being 5 used as a component of synthetic turf and mulch. Crumb rubber is the 6 result of processing waste tires, which contain numerous components, 7 some of which are known to be hazardous to people and the environment. 8 The hazardous components include arsenic, cadmium, chromium, lead, vana- 9 dium, zinc and acetone. Health effects associated with these components, 10 at dangerous levels, include birth defects, cancer, nervous system 11 damage and immune system suppression. While various options for waste 12 tire use are essential to reducing the significant stockpiles of waste 13 tires, such uses should not threaten or compromise public health. 14 The legislature finds that more information is necessary to make an 15 informed decision on the appropriate uses of synthetic turf containing 16 crumb rubber. In the interest of preventing adverse health impacts and 17 contamination to natural resources, the legislature finds that a compre- 18 hensive public health study on the potential threats associated with the 19 use of synthetic turf is warranted. 20 Therefore, the legislature finds that it is consistent with public 21 policy to require such comprehensive public health study to be undertak- 22 en immediately. 23 S 2. Public health study of the use of synthetic turf. 1. The state 24 department of health, in cooperation with the department of environ- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02880-01-3 A. 5813 2 1 mental conservation, shall immediately undertake a review of all avail- 2 able data relating to the potential health risks and effects of synthet- 3 ic turf, with particular attention to the crumb rubber content of such 4 synthetic turf, including the installation, maintenance, removal and 5 disposal of synthetic turf, and including comparisons with other alter- 6 natives including natural turf with modern drainage and other 7 components. 8 2. The commissioner of health, or his or her designee, shall: 9 a. Solicit input from environmental and public health specialists, and 10 other stakeholders in an open, public process; 11 b. Examine various routes of exposure and the health and environmental 12 impact of these pathways including, but not limited to, small fill 13 particle inhalation, volatility, leaching to groundwater, dermal absorp- 14 tion, and persistence in the environment of original and degradation 15 by-products; 16 c. Prepare a report to the governor and the legislature which includes 17 research and studies conducted on synthetic turf which were the source 18 of the report findings and recommendations for appropriate and inappro- 19 priate use of synthetic turf, crumb rubber and waste tires. Such report 20 shall be filed within six months of the effective date of this act, 21 unless the commissioner of health requests in writing, an extension of 22 time; and 23 d. Conduct an outreach program to inform local governments, private 24 organizations, schools and the public regarding the findings of such 25 report. If necessary, information on safe alternatives to synthetic turf 26 in settings where this material is a potential or actual health risk 27 should be disseminated to the public. 28 3. All other departments or agencies of the state or subdivisions 29 thereof, and local governments shall, at the request of the commissioner 30 of health, provide expertise, assistance, and data that will enable the 31 commissioner to carry out his or her powers and duties. 32 S 3. This act shall take effect immediately; (a) provided, however, 33 that this act shall continue in full force and effect for six months 34 from such effective date, or until the department of health reports to 35 the governor and the legislature as required by section two of this act, 36 whichever date is later, when upon such date the provisions of this act 37 shall be deemed repealed; and 38 (b) provided that the commissioner of health shall notify the legisla- 39 tive bill drafting commission upon filing the report required in section 40 two of this act in order that the commission may maintain an accurate 41 and timely effective data base of the official text of the laws of the 42 state of New York in furtherance of effectuating the provisions of 43 section 44 of the legislative law and section 70-b of the public offi- 44 cers law.