Bill Text: NY S01786 | 2023-2024 | General Assembly | Introduced


Bill Title: Prohibits the distribution and use of paper containing bisphenol A for the recording of any business transaction.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO ENVIRONMENTAL CONSERVATION [S01786 Detail]

Download: New_York-2023-S01786-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1786

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 17, 2023
                                       ___________

        Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
          when printed to be committed to the Committee on Environmental Conser-
          vation

        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  § 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;
    20    (2)  use  the  least  toxic  alternative  chemical compound to replace
    21  bisphenol A;
    22    (3) provide information on  the  chemical  compound  used  to  replace
    23  bisphenol A to the department; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05237-01-3

        S. 1786                             2

     1    (4)  not manufacture such paper until the department shall have certi-
     2  fied alternative chemical compounds to bisphenol A based upon the recom-
     3  mendations of the advisory committee  on  least  toxic  alternatives  to
     4  bisphenol A.
     5    3.  Department  responsibilities. a. The department shall certify that
     6  any chemical compound used to replace bisphenol A in the manufacture  of
     7  paper pursuant to subdivision two of this section is:
     8    (1) the least toxic alternative available; and
     9    (2)  not  a  known human carcinogen as classified by the United States
    10  Environmental Protection Agency, a  developmental  toxin,  an  endocrine
    11  disruptor or a reproductive toxin.
    12    b. Not less than once every calendar year, the department shall update
    13  the  requirements  for  certification  of  least  toxic  alternatives to
    14  bisphenol A and provide such information to paper manufacturers  subject
    15  to  the  provisions of subdivision two of this section. Furthermore, the
    16  department shall annually  update  its  information  on  those  chemical
    17  compounds that are known human carcinogens, developmental toxins, endoc-
    18  rine  disrupters or reproductive toxins, and shall provide such informa-
    19  tion to paper manufacturers subject to the provisions of subdivision two
    20  of this section. The department  shall  make  all  information  compiled
    21  pursuant to this subdivision available to the public on the department's
    22  internet website.
    23    c.  The  department shall investigate and determine acceptable methods
    24  of disposal and  recycling  of  business  transaction  paper  containing
    25  bisphenol  A so as to eliminate or minimize exposure to bisphenol A. The
    26  department shall provide public notice of the safe practices for  handl-
    27  ing and disposing of such paper.
    28    4.  Advisory  committee on least toxic alternatives to bisphenol A. a.
    29  Within sixty days of the effective date of this section, the  department
    30  shall  convene  an advisory panel of experts for the purpose of advising
    31  the department on least toxic alternatives to bisphenol A. The names  of
    32  the  members  of  this  committee shall be available on the department's
    33  website.
    34    b. The advisory committee shall be composed of competent,  independent
    35  scientists who have no current or past employment or financial conflicts
    36  of  interest  with  manufacturers  of bisphenol A or products containing
    37  bisphenol A.
    38    c. Advisory committee members shall  have  substantial  experience  in
    39  evaluating  toxicological  and  epidemiological data on toxic chemicals,
    40  including their potential carcinogenic, endocrine disruptive,  reproduc-
    41  tive,  developmental or neurological effects. Chemicals considered to be
    42  toxic shall be those likely to cause or contribute to acute  illness  or
    43  chronic impacts negatively altering human biological functions or abili-
    44  ty to respond to environmental assaults.
    45    d.  The  advisory committee shall be convened within sixty days of the
    46  effective date of this section and at such times as the department seeks
    47  further recommendations or clarifications of current data. All  meetings
    48  and  proceedings  of the committee shall be subject to the provisions of
    49  article six of the public officers law.
    50    § 2. This act shall take effect on the one hundred eightieth day after
    51  it shall have become a law.
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