S T A T E O F N E W Y O R K
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3838
2011-2012 Regular Sessions
I N S E N A T E
March 7, 2011
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Introduced by Sen. ALESI -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to the regulation
of synthetic turf products
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The general business law is amended by adding a new section
2 390-d to read as follows:
3 S 390-D. REGULATION OF SYNTHETIC TURF PRODUCTS. 1. DEFINITIONS. AS
4 USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
5 INGS:
6 (A) "SYNTHETIC TURF PRODUCT" SHALL MEAN A SURFACE OF TURF FIBERS
7 COMPOSED OF SYNTHETIC MATERIALS MADE TO RESEMBLE GRASS OR SOME OTHER
8 LIVE VEGETATION THAT IS USED IN PLACE OF GRASS TO SURFACE PARKS, OUTDOOR
9 PLAYING OR ATHLETIC FIELDS, INDOOR ATHLETIC FACILITIES OR OTHER VENUES.
10 (B) "CERTIFICATION OF COMPLIANCE WITH SYNTHETIC TURF PRODUCT LEAD
11 STANDARDS" SHALL MEAN A DOCUMENT VERIFIED BY A MANUFACTURER OF A PARTIC-
12 ULAR SYNTHETIC TURF PRODUCT WHICH SHALL INCLUDE THE LEAD CONTENT LEVEL
13 IN PARTS PER MILLION WITH REFERENCE TO SUCH SYNTHETIC TURF PRODUCT.
14 2. REQUIREMENTS FOR USERS OF SYNTHETIC TURF. NO PERSON MAY INSTALL OR
15 CAUSE TO INSTALL A SYNTHETIC TURF PRODUCT ON ANY PART OF THE GROUNDS OF
16 ANY PIECE OF PUBLIC OR PRIVATE PROPERTY THAT CONSISTS OF SYNTHETIC TURF
17 PRODUCT MATERIALS CONTAINING FIFTY OR MORE PARTS OF LEAD PER EACH ONE
18 MILLION PARTS OF ANY SYNTHETIC TURF PRODUCT MATERIAL EXAMINED.
19 3. ENFORCEMENT OF THIS SECTION. (A) WHENEVER THE ATTORNEY GENERAL
20 SHALL BELIEVE FROM EVIDENCE SATISFACTORY TO HIM OR HER THAT ANY PERSON,
21 FIRM, CORPORATION OR ASSOCIATION OR AGENT OR EMPLOYEE THEREOF HAS
22 VIOLATED ANY PROVISION OF THIS SECTION, HE OR SHE MAY BRING AN ACTION IN
23 THE SUPREME COURT OF THE STATE OF NEW YORK FOR A JUDGMENT ENJOINING THE
24 CONTINUANCE OF SUCH VIOLATION AND REQUIRING ANY NECESSARY REMEDIATION,
25 AND FOR A CIVIL PENALTY OF NOT MORE THAN TEN THOUSAND DOLLARS FOR EACH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09999-01-1
S. 3838 2
1 VIOLATION, EXCEPT THAT THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
2 THAN THIRTY THOUSAND DOLLARS IF THE VIOLATION IS KNOWING AND WILLFUL. IF
3 IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE THAT THE
4 DEFENDANT HAS VIOLATED ANY PROVISION OF THIS SECTION, NO PROOF SHALL BE
5 REQUIRED THAT ANY PERSON HAS BEEN INJURED THEREBY NOR THAT THE DEFENDANT
6 KNOWINGLY OR INTENTIONALLY VIOLATED SUCH PROVISION. IN SUCH ACTION
7 PRELIMINARY RELIEF MAY BE GRANTED UNDER ARTICLE SIXTY-THREE OF THE CIVIL
8 PRACTICE LAW AND RULES. BEFORE ANY VIOLATION OF THIS SECTION IS SOUGHT
9 TO BE ENJOINED, THE ATTORNEY GENERAL SHALL BE REQUIRED TO GIVE THE
10 PERSON AGAINST WHOM SUCH PROCEEDING IS CONTEMPLATED NOTICE BY CERTIFIED
11 MAIL AND AN OPPORTUNITY TO PRODUCE A CERTIFICATION OF COMPLIANCE WITH
12 SYNTHETIC TURF PRODUCT LEAD STANDARDS WITHIN FIVE BUSINESS DAYS AFTER
13 RECEIPT OF NOTICE THAT WOULD ESTABLISH THAT PROCEEDINGS SHOULD NOT BE
14 INSTITUTED AGAINST HIM OR HER UNLESS THE ATTORNEY GENERAL SHALL FIND, IN
15 ANY CASE IN WHICH HE OR SHE SEEKS PRELIMINARY RELIEF, THAT TO GIVE SUCH
16 NOTICE AND OPPORTUNITY IS NOT IN THE PUBLIC INTEREST.
17 (B) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO SYNTHETIC TURF
18 PRODUCTS INSTALLED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
19 S 2. This act shall take effect immediately.