Bill Text: NY S03311 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Restricts the use of decabromodiphenyl ether in covered electronic devices, upholstered furniture or textiles intended for indoor use, mattresses and mattress pads; provides exemptions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO ENVIRONMENTAL CONSERVATION [S03311 Detail]

Download: New_York-2011-S03311-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3311--B
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 16, 2011
                                      ___________
       Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
         printed to be committed to the Committee on Environmental Conservation
         -- committee discharged, bill amended, ordered  reprinted  as  amended
         and  recommitted  to  said  committee  --  committee  discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee
       AN  ACT  to  amend  the  environmental  conservation law, in relation to
         restricting the use of certain ethers in certain products
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  37-0101 of the environmental conservation law is
    2  amended by adding two new subdivisions 7 and 8 to read as follows:
    3    7. "COVERED ELECTRONIC DEVICE" MEANS A DESKTOP OR  PERSONAL  COMPUTER,
    4  COMPUTER  MONITOR,  PORTABLE COMPUTER, CATHODE RAY TUBE BASED TELEVISION
    5  OR A TELEVISION THAT IS NOT CATHODE RAY TUBE BASED.
    6    8. "DECABROMODIPHENYL ETHER" MEANS THE CHEMICAL MIXTURE  PREDOMINATELY
    7  COMPRISED  OF DECABROMODIPHENYL ETHER, AND INCLUDING ASSOCIATED POLYBRO-
    8  MINATED DIPHENYL ETHER IMPURITIES NOT INTENTIONALLY ADDED.
    9    S 2. The environmental conservation law is amended  by  adding  a  new
   10  section 37-0112 to read as follows:
   11  S 37-0112. RESTRICTION  OF  DECABROMODIPHENYL  ETHER  IN ELECTRONICS AND
   12               TEXTILES.
   13    1. LEGISLATIVE INTENT. THE LEGISLATURE FINDS AND DECLARES ALL  OF  THE
   14  FOLLOWING:  POLYBROMINATED DIPHENYL ETHERS (PBDES) HAVE BEEN USED EXTEN-
   15  SIVELY AS FLAME  RETARDANTS  IN  A  LARGE  NUMBER  OF  COMMON  HOUSEHOLD
   16  PRODUCTS  FOR  THE PAST THIRTY YEARS. STUDIES ON ANIMALS SHOW THAT PBDES
   17  CAN IMPACT THE DEVELOPING BRAIN, AFFECTING BEHAVIOR AND  LEARNING  AFTER
   18  BIRTH  AND  INTO  ADULTHOOD,  MAKING  EXPOSURE TO FETUSES AND CHILDREN A
   19  PARTICULAR CONCERN. LEVELS OF PBDES ARE INCREASING IN PEOPLE, AND IN THE
   20  ENVIRONMENT, PARTICULARLY  IN  NORTH  AMERICA.  BECAUSE  PEOPLE  CAN  BE
   21  EXPOSED  TO THESE CHEMICALS THROUGH HOUSE DUST AND INDOOR AIR AS WELL AS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07807-03-1
       S. 3311--B                          2
    1  THROUGH FOOD, IT IS IMPORTANT TO PHASE OUT THEIR USE IN COMMON HOUSEHOLD
    2  PRODUCTS, PROVIDED THAT EFFECTIVE FLAME RETARDANTS THAT  ARE  SAFER  AND
    3  TECHNICALLY FEASIBLE ARE AVAILABLE AT A REASONABLE COST.
    4    2.  PROHIBITION.  EXCEPT  AS  PROVIDED  IN  SUBDIVISION  THREE OF THIS
    5  SECTION, ON AND AFTER JULY FIRST, TWO THOUSAND THIRTEEN,  A  PERSON  MAY
    6  NOT MANUFACTURE, PROCESS, OR DISTRIBUTE IN COMMERCE ANY OF THE FOLLOWING
    7  PRODUCTS IF THEY CONTAIN MORE THAN ONE-TENTH OF ONE PERCENTUM OF COMMER-
    8  CIAL DECABROMODIPHENYL ETHER OF MASS:
    9    A. COVERED ELECTRONIC DEVICES;
   10    B. UPHOLSTERED FURNITURE OR TEXTILES INTENDED FOR INDOOR USE IN A HOME
   11  OR OTHER RESIDENTIAL OCCUPANCY; OR
   12    C. MATTRESSES AND MATTRESS PADS.
   13    3.  EXEMPTION. THE FOLLOWING PRODUCTS CONTAINING POLYBROMINATED DIPHE-
   14  NYL ETHERS ARE EXEMPT FROM THE PROVISIONS OF  SUBDIVISION  TWO  OF  THIS
   15  SECTION:
   16    A.  ANY  USED  TRANSPORTATION  VEHICLE WITH COMPONENT PARTS CONTAINING
   17  POLYBROMINATED DIPHENYL ETHERS;
   18    B. ANY USED TRANSPORTATION VEHICLE PARTS OR NEW TRANSPORTATION VEHICLE
   19  PARTS MANUFACTURED BEFORE JANUARY FIRST, TWO THOUSAND TWELVE;
   20    C. EQUIPMENT USED PRIMARILY FOR MILITARY  OR  FEDERALLY  FUNDED  SPACE
   21  PROGRAM APPLICATIONS. THIS EXEMPTION DOES NOT COVER CONSUMER-BASED GOODS
   22  WITH BROAD APPLICABILITY;
   23    D.  ANY  USED  PRODUCT  SOLD OR DISTRIBUTED BY A BUSINESS, CHARITY, OR
   24  PRIVATE PARTY; AND
   25    E. MEDICAL DEVICES.
   26    4. RETAILERS IN POSSESSION.    IN-STATE  RETAILERS  IN  POSSESSION  OF
   27  PRODUCTS  ON JULY FIRST, TWO THOUSAND THIRTEEN, THAT ARE BANNED FOR SALE
   28  UNDER SUBDIVISION TWO OF THIS SECTION MAY EXHAUST  THEIR  STOCK  THROUGH
   29  SALES  TO THE PUBLIC. NOTHING IN THIS SECTION SHALL RESTRICT THE ABILITY
   30  OF A MANUFACTURER, IMPORTER, OR DISTRIBUTOR FROM  TRANSPORTING  PRODUCTS
   31  CONTAINING POLYBROMINATED DIPHENYL ETHERS THROUGHOUT THE STATE, OR STOR-
   32  ING SUCH PRODUCTS IN THE STATE FOR LATER DISTRIBUTION OUTSIDE THE STATE.
   33    5. ONGOING REVIEW OF AVAILABILITY OF ALTERNATIVES TO DECABROMODIPHENYL
   34  ETHER.  AT  LEAST EVERY TWO YEARS, THE COMMISSIONER AND THE COMMISSIONER
   35  OF HEALTH SHALL  REVIEW  USES  OF  COMMERCIAL  DECABROMODIPHENYL  ETHER,
   36  AVAILABILITY  OF TECHNICALLY FEASIBLE ALTERNATIVES, AND ANY NEW EVIDENCE
   37  REGARDING THE POTENTIAL HARM TO PUBLIC HEALTH AND THE ENVIRONMENT  POSED
   38  BY  COMMERCIAL  DECABROMODIPHENYL  ETHER.  SUCH COMMISSIONERS SHALL MAKE
   39  RECOMMENDATIONS TO THE LEGISLATURE ON ADDITIONAL BANS  AND  RESTRICTIONS
   40  TO  REDUCE  AND  PHASE  OUT  THE  MANUFACTURE,  SALE, OR DISTRIBUTION OF
   41  NONCOMBUSTIBLE PRODUCTS CONTAINING COMMERCIAL  DECABROMODIPHENYL  ETHER.
   42  THE COMMISSIONERS SHALL REPORT THEIR FINDINGS AND RECOMMENDATIONS TO THE
   43  APPROPRIATE  COMMITTEES  OF THE LEGISLATURE NO LATER THAN JANUARY FIRST,
   44  TWO THOUSAND FOURTEEN, AND EVERY TWO YEARS AFTER SUCH DATE.
   45    A. THE COMMISSIONER IS AUTHORIZED TO  PARTICIPATE  IN  A  REGIONAL  OR
   46  NATIONAL MULTISTATE CLEARINGHOUSE TO ASSIST IN CARRYING OUT THE REQUIRE-
   47  MENTS  OF  THIS  SECTION.  THE  CLEARINGHOUSE  IS AUTHORIZED TO MAINTAIN
   48  INFORMATION ON BEHALF OF NEW YORK, INCLUDING, BUT NOT LIMITED TO:
   49    (1) A LIST OF ALL PRODUCTS CONTAINING POLYBROMINATED DIPHENYL  ETHERS;
   50  AND
   51    (2) INFORMATION ON ALL EXEMPTIONS GRANTED BY THE STATE.
   52    B.  BY  JULY  FIRST,  TWO  THOUSAND  THIRTEEN, THE COMMISSIONER OF THE
   53  OFFICE OF GENERAL SERVICES SHALL GIVE PRIORITY  AND  PREFERENCE  TO  THE
   54  PURCHASE  OF EQUIPMENT, SUPPLIES, AND OTHER PRODUCTS THAT DO NOT CONTAIN
   55  DECABROMODIPHENYL ETHERS.
       S. 3311--B                          3
    1    6. ADDITIONAL EXEMPTIONS. IN ADDITION TO THE SPECIFIC EXEMPTIONS UNDER
    2  SUBDIVISION THREE OF THIS SECTION, A MANUFACTURER OR USER OF  A  PRODUCT
    3  PROHIBITED  FROM  MANUFACTURE, SALE, OR DISTRIBUTION UNDER SUCH SUBDIVI-
    4  SION MAY APPLY FOR AN EXEMPTION FOR A SPECIFIC USE OF  COMMERCIAL  DECA-
    5  BROMODIPHENYL  ETHER BY FILING A WRITTEN PETITION WITH THE COMMISSIONER.
    6  THE COMMISSIONER MAY GRANT AN EXEMPTION FOR A TERM  NOT  TO  EXCEED  TWO
    7  YEARS.  THE EXEMPTION SHALL BE RENEWABLE UPON WRITTEN APPLICATION IF THE
    8  SPECIFIC USE OF COMMERCIAL DECABROMODIPHENYL ETHER CONTINUES TO MEET THE
    9  CRITERIA OF THIS SECTION AND THE MANUFACTURER OR  OTHER  PERSONS  COMPLY
   10  WITH THE CONDITIONS OF ITS ORIGINAL APPROVAL. THE COMMISSIONER MAY GRANT
   11  AN  EXEMPTION  FOR A SPECIFIC USE OF COMMERCIAL DECABROMODIPHENYL ETHER,
   12  WITH OR WITHOUT CONDITIONS, UPON FINDING THAT THE APPLICANT  HAS  DEMON-
   13  STRATED:
   14    A.  A  TECHNICALLY FEASIBLE ALTERNATIVE IS NOT AVAILABLE AT REASONABLE
   15  COST; OR
   16    B. THE POTENTIAL HARM TO PUBLIC HEALTH AND  THE  ENVIRONMENT  DIRECTLY
   17  POSED  BY  A  TECHNICALLY  FEASIBLE AND AVAILABLE ALTERNATIVE IS GREATER
   18  THAN THE POTENTIAL HARM POSED BY COMMERCIAL DECABROMODIPHENYL ETHER.
   19    7. LABELING AND POSITIVE RECOGNITION. THE COMMISSIONER MAY ESTABLISH A
   20  "PBDE-FREE" PRODUCT LABELING PROGRAM FOR PRODUCTS THAT  DO  NOT  CONTAIN
   21  POLYBROMINATED  DIPHENYL ETHERS. THE COMMISSIONER MAY ESTABLISH PARTNER-
   22  SHIPS WITH MANUFACTURERS OF POLYBROMINATED DIPHENYL  ETHERS  TO  ENHANCE
   23  THE  MARKET  FOR  PRODUCTS  THAT  DO NOT CONTAIN POLYBROMINATED DIPHENYL
   24  ETHERS AND REDUCE THE USE OF POLYBROMINATED DIPHENYL ETHERS IN PRODUCTS.
   25  THE COMMISSIONER MAY DEVELOP AN AWARDS PROGRAM TO RECOGNIZE  THE  ACCOM-
   26  PLISHMENTS  OF MANUFACTURERS WHO EXCEED THE REQUIREMENTS OF THIS SECTION
   27  AND WHO EXCEL AT REDUCING  OR  ELIMINATING  DECABROMODIPHENYL  ETHER  IN
   28  PRODUCTS AND THE ENVIRONMENT.
   29    8.  FEES FOR EXEMPTION APPLICANTS. THE COMMISSIONER SHALL ESTABLISH AN
   30  APPLICATION FEE FOR AN EXEMPTION UNDER THIS SECTION. FEES SHALL BE  USED
   31  TO IMPLEMENT AND ENFORCE THE PROVISIONS OF THIS SECTION.
   32    9. PENALTIES. A MANUFACTURER WHO VIOLATES THIS SECTION IS SUBJECT TO A
   33  CIVIL  PENALTY  NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH VIOLATION IN
   34  THE CASE OF A FIRST OFFENSE. A MANUFACTURER IS SUBJECT TO A CIVIL PENAL-
   35  TY NOT TO EXCEED FIVE THOUSAND DOLLARS FOR EACH REPEAT  OFFENSE.  PENAL-
   36  TIES  COLLECTED  UNDER THIS SECTION SHALL BE USED BY THE COMMISSIONER TO
   37  IMPLEMENT AND ENFORCE THIS SECTION.
   38    S 3. This act shall take effect July 1, 2013.