Bill Text: NY S03628 | 2011-2012 | General Assembly | Introduced


Bill Title: Restricts the use of decabromodiphenyl ether in certain products.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2012-01-23 - PRINT NUMBER 3628A [S03628 Detail]

Download: New_York-2011-S03628-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3628
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 28, 2011
                                      ___________
       Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Environmental Conservation
       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 37-0115 to read as follows:
   11  S 37-0115. 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
   22  THROUGH FOOD, IT IS IMPORTANT TO PHASE OUT THEIR USE IN COMMON HOUSEHOLD
   23  PRODUCTS,  PROVIDED  THAT  EFFECTIVE FLAME RETARDANTS THAT ARE SAFER AND
   24  TECHNICALLY FEASIBLE ARE AVAILABLE AT A REASONABLE COST.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07519-01-1
       S. 3628                             2
    1    2. PROHIBITION. EXCEPT  AS  PROVIDED  IN  SUBDIVISION  THREE  OF  THIS
    2  SECTION,  ON  AND  AFTER JULY FIRST, TWO THOUSAND THIRTEEN, A PERSON MAY
    3  NOT MANUFACTURE, PROCESS, OR DISTRIBUTE IN COMMERCE ANY OF THE FOLLOWING
    4  PRODUCTS IF THEY CONTAIN COMMERCIAL DECABROMODIPHENYL ETHER:
    5    A. COVERED ELECTRONIC DEVICES;
    6    B. UPHOLSTERED FURNITURE OR TEXTILES INTENDED FOR INDOOR USE IN A HOME
    7  OR OTHER RESIDENTIAL OCCUPANCY; OR
    8    C. MATTRESSES AND MATTRESS PADS.
    9    3.  EXEMPTION. THE FOLLOWING PRODUCTS CONTAINING POLYBROMINATED DIPHE-
   10  NYL ETHERS ARE EXEMPT FROM THE PROVISIONS OF  SUBDIVISION  TWO  OF  THIS
   11  SECTION:
   12    A.  ANY  USED  TRANSPORTATION  VEHICLE WITH COMPONENT PARTS CONTAINING
   13  POLYBROMINATED DIPHENYL ETHERS;
   14    B. ANY USED TRANSPORTATION VEHICLE PARTS OR NEW TRANSPORTATION VEHICLE
   15  PARTS MANUFACTURED BEFORE JANUARY FIRST, TWO THOUSAND TWELVE;
   16    C. EQUIPMENT USED PRIMARILY FOR MILITARY  OR  FEDERALLY  FUNDED  SPACE
   17  PROGRAM APPLICATIONS. THIS EXEMPTION DOES NOT COVER CONSUMER-BASED GOODS
   18  WITH BROAD APPLICABILITY;
   19    D.  ANY  USED  PRODUCT  SOLD OR DISTRIBUTED BY A BUSINESS, CHARITY, OR
   20  PRIVATE PARTY; AND
   21    E. MEDICAL DEVICES.
   22    4. RETAILERS IN POSSESSION.    IN-STATE  RETAILERS  IN  POSSESSION  OF
   23  PRODUCTS  ON  JULY FIRST, TWO THOUSAND THIRTEEN THAT ARE BANNED FOR SALE
   24  UNDER SUBDIVISION TWO OF THIS SECTION MAY EXHAUST  THEIR  STOCK  THROUGH
   25  SALES  TO THE PUBLIC. NOTHING IN THIS SECTION SHALL RESTRICT THE ABILITY
   26  OF A MANUFACTURER, IMPORTER, OR DISTRIBUTOR FROM  TRANSPORTING  PRODUCTS
   27  CONTAINING POLYBROMINATED DIPHENYL ETHERS THROUGHOUT THE STATE, OR STOR-
   28  ING SUCH PRODUCTS IN THE STATE FOR LATER DISTRIBUTION OUTSIDE THE STATE.
   29    5. ONGOING REVIEW OF AVAILABILITY OF ALTERNATIVES TO DECABROMODIPHENYL
   30  ETHER.  AT  LEAST EVERY TWO YEARS, THE COMMISSIONER AND THE COMMISSIONER
   31  OF HEALTH SHALL  REVIEW  USES  OF  COMMERCIAL  DECABROMODIPHENYL  ETHER,
   32  AVAILABILITY  OF TECHNICALLY FEASIBLE ALTERNATIVES, AND ANY NEW EVIDENCE
   33  REGARDING THE POTENTIAL HARM TO PUBLIC HEALTH AND THE ENVIRONMENT  POSED
   34  BY  COMMERCIAL  DECABROMODIPHENYL  ETHER.  SUCH COMMISSIONERS SHALL MAKE
   35  RECOMMENDATIONS TO THE LEGISLATURE ON ADDITIONAL BANS  AND  RESTRICTIONS
   36  TO  REDUCE  AND  PHASE  OUT  THE  MANUFACTURE,  SALE, OR DISTRIBUTION OF
   37  NONCOMBUSTIBLE PRODUCTS CONTAINING COMMERCIAL  DECABROMODIPHENYL  ETHER.
   38  THE COMMISSIONERS SHALL REPORT THEIR FINDINGS AND RECOMMENDATIONS TO THE
   39  APPROPRIATE  COMMITTEES  OF THE LEGISLATURE NO LATER THAN JANUARY FIRST,
   40  TWO THOUSAND THIRTEEN, AND EVERY TWO YEARS AFTER SUCH DATE.
   41    A. THE COMMISSIONER IS AUTHORIZED TO  PARTICIPATE  IN  A  REGIONAL  OR
   42  NATIONAL MULTISTATE CLEARINGHOUSE TO ASSIST IN CARRYING OUT THE REQUIRE-
   43  MENTS  OF  THIS  SECTION.  THE  CLEARINGHOUSE  IS AUTHORIZED TO MAINTAIN
   44  INFORMATION ON BEHALF OF NEW YORK, INCLUDING, BUT NOT LIMITED TO:
   45    (1) A LIST OF ALL PRODUCTS CONTAINING POLYBROMINATED DIPHENYL  ETHERS;
   46  AND
   47    (2) INFORMATION ON ALL EXEMPTIONS GRANTED BY THE STATE.
   48    B.  BY  JULY  FIRST,  TWO  THOUSAND  THIRTEEN, THE COMMISSIONER OF THE
   49  OFFICE OF GENERAL SERVICES SHALL GIVE PRIORITY  AND  PREFERENCE  TO  THE
   50  PURCHASE  OF EQUIPMENT, SUPPLIES, AND OTHER PRODUCTS THAT DO NOT CONTAIN
   51  DECABROMODIPHENYL ETHERS.
   52    6. ADDITIONAL EXEMPTIONS. IN ADDITION TO THE SPECIFIC EXEMPTIONS UNDER
   53  SUBDIVISION THREE OF THIS SECTION, A MANUFACTURER OR USER OF  A  PRODUCT
   54  PROHIBITED  FROM  MANUFACTURE, SALE, OR DISTRIBUTION UNDER SUCH SUBDIVI-
   55  SION MAY APPLY FOR AN EXEMPTION FOR A SPECIFIC USE OF  COMMERCIAL  DECA-
   56  BROMODIPHENYL  ETHER BY FILING A WRITTEN PETITION WITH THE COMMISSIONER.
       S. 3628                             3
    1  THE COMMISSIONER MAY GRANT AN EXEMPTION FOR A TERM  NOT  TO  EXCEED  TWO
    2  YEARS.  THE EXEMPTION SHALL BE RENEWABLE UPON WRITTEN APPLICATION IF THE
    3  SPECIFIC USE OF COMMERCIAL DECABROMODIPHENYL ETHER CONTINUES TO MEET THE
    4  CRITERIA  OF  THIS  SECTION AND THE MANUFACTURER OR OTHER PERSONS COMPLY
    5  WITH THE CONDITIONS OF ITS ORIGINAL APPROVAL. THE COMMISSIONER MAY GRANT
    6  AN EXEMPTION FOR A SPECIFIC USE OF COMMERCIAL  DECABROMODIPHENYL  ETHER,
    7  WITH  OR  WITHOUT CONDITIONS, UPON FINDING THAT THE APPLICANT HAS DEMON-
    8  STRATED:
    9    A. A TECHNICALLY FEASIBLE ALTERNATIVE IS NOT AVAILABLE  AT  REASONABLE
   10  COST; OR
   11    B.  THE  POTENTIAL  HARM TO PUBLIC HEALTH AND THE ENVIRONMENT DIRECTLY
   12  POSED BY A TECHNICALLY FEASIBLE AND  AVAILABLE  ALTERNATIVE  IS  GREATER
   13  THAN THE POTENTIAL HARM POSED BY COMMERCIAL DECABROMODIPHENYL ETHER.
   14    7. LABELING AND POSITIVE RECOGNITION. THE COMMISSIONER MAY ESTABLISH A
   15  "PBDE-FREE"  PRODUCT  LABELING  PROGRAM FOR PRODUCTS THAT DO NOT CONTAIN
   16  POLYBROMINATED DIPHENYL ETHERS. THE COMMISSIONER MAY ESTABLISH  PARTNER-
   17  SHIPS  WITH  MANUFACTURERS  OF POLYBROMINATED DIPHENYL ETHERS TO ENHANCE
   18  THE MARKET FOR PRODUCTS THAT  DO  NOT  CONTAIN  POLYBROMINATED  DIPHENYL
   19  ETHERS AND REDUCE THE USE OF POLYBROMINATED DIPHENYL ETHERS IN PRODUCTS.
   20  THE  COMMISSIONER  MAY DEVELOP AN AWARDS PROGRAM TO RECOGNIZE THE ACCOM-
   21  PLISHMENTS OF MANUFACTURERS WHO EXCEED THE REQUIREMENTS OF THIS  SECTION
   22  AND  WHO  EXCEL  AT  REDUCING  OR ELIMINATING DECABROMODIPHENYL ETHER IN
   23  PRODUCTS AND THE ENVIRONMENT.
   24    8. PENALTIES. A MANUFACTURER WHO VIOLATES THIS SECTION IS SUBJECT TO A
   25  CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH  VIOLATION  IN
   26  THE CASE OF A FIRST OFFENSE. A MANUFACTURER IS SUBJECT TO A CIVIL PENAL-
   27  TY  NOT  TO EXCEED FIVE THOUSAND DOLLARS FOR EACH REPEAT OFFENSE. PENAL-
   28  TIES COLLECTED UNDER THIS SECTION SHALL BE USED BY THE  COMMISSIONER  TO
   29  IMPLEMENT AND ENFORCE THIS SECTION.
   30    S 3. This act shall take effect July 1, 2012.
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