S T A T E O F N E W Y O R K
________________________________________________________________________
4086
2013-2014 Regular Sessions
I N S E N A T E
March 7, 2013
___________
Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to establish a moratorium on the installation of synthetic turf
pending a comprehensive environmental and public health study; to
amend the environmental conservation law, in relation to environmental
impact assessments of the use of synthetic turf; and providing for the
repeal of certain 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 environmental and public health study on the potential threats
19 associated with the use of synthetic turf is warranted.
20 Therefore, the legislature finds that it is consistent with public
21 policy to require such comprehensive environmental and public health
22 study to be undertaken immediately; and, in the meantime, to temporarily
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09221-01-3
S. 4086 2
1 suspend the installation of synthetic turf products that contain crumb
2 rubber.
3 S 2. Moratorium on the installation of synthetic turf. 1. Defi-
4 nitions. For the purposes of this act, the following terms shall have
5 the following definitions:
6 a. "Crumb rubber" means ground rubber derived from waste tires, which
7 contain one or more of the following ingredients: arsenic, cadmium,
8 chromium, lead, vanadium, zinc, and acetone;
9 b. "Synthetic turf" means any materials or compositions that include
10 crumb rubber as a component used in place of grass to surface parks,
11 outdoor playing or athletic fields, indoor athletic facilities or other
12 venues.
13 2. Moratorium. A moratorium is hereby established on the installation
14 of synthetic turf for a period of 6 months from the effective date of
15 this act or until the department of environmental conservation reports
16 to the governor and the legislature on its findings and recommendations
17 as required in section three of this act.
18 S 3. Study of the use of synthetic turf. 1. The department of environ-
19 mental conservation, in cooperation with the department of health, shall
20 immediately undertake a review of all available data relating to the
21 potential environmental and health risks and effects of synthetic turf,
22 with particular attention to the crumb rubber content of such synthetic
23 turf.
24 2. The commissioner of environmental conservation, or his or her
25 designee, shall:
26 a. Solicit input from environmental and public health specialists, and
27 other stakeholders in an open, public process;
28 b. Examine various routes of exposure and the health and environmental
29 impact of these pathways including, but not limited to, small fill
30 particle inhalation, volatility, leaching to groundwater, dermal absorp-
31 tion, and persistence in the environment of original and degradation
32 by-products;
33 c. Prepare a report to the governor and the legislature which includes
34 research and studies conducted on synthetic turf which were the source
35 of the report findings and recommendations for appropriate and inappro-
36 priate use of synthetic turf, crumb rubber and waste tires. Such report
37 shall be filed within six months of the effective date of this act,
38 unless the commissioner of environmental conservation requests in writ-
39 ing, an extension of time; and
40 d. Conduct an outreach program to inform local governments, private
41 organizations, schools and the public regarding the findings of such
42 report. If necessary, information on safe alternatives to synthetic turf
43 in settings where this material is a potential or actual health risk
44 should be disseminated to the public.
45 3. All other departments or agencies of the state or subdivisions
46 thereof, and local governments shall, at the request of the commissioner
47 of environmental conservation, provide expertise, assistance, and data
48 that will enable such commissioner to carry out his or her powers and
49 duties.
50 S 4. Section 8-0109 of the environmental conservation law is amended
51 by adding a new subdivision 10 to read as follows:
52 10. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, A
53 SITE-SPECIFIC ENVIRONMENTAL IMPACT STATEMENT SHALL BE PREPARED FOR ANY
54 ACTION THAT INCLUDES THE INSTALLATION OF SYNTHETIC TURF. FOR PURPOSES OF
55 THIS SUBDIVISION, "SYNTHETIC TURF" MEANS ANY MATERIALS OR COMPOSITIONS
56 THAT INCLUDE CRUMB RUBBER AS A COMPONENT USED IN PLACE OF GRASS TO
S. 4086 3
1 SURFACE PARKS, OUTDOOR PLAYING OR ATHLETIC FIELDS, INDOOR ATHLETIC
2 FACILITIES OR OTHER VENUES. SUCH IMPACT STATEMENT SHALL INCLUDE THE
3 POTENTIAL PUBLIC HEALTH RISKS FROM EXPOSURE TO SYNTHETIC TURF AND MAIN-
4 TENANCE PRODUCTS, INCLUDING INHALATION IMPACT, VOLATILITY IMPACTS, AND
5 IMPACT OF HAZARDOUS LEVELS OF CONSTITUENTS OF SYNTHETIC TURF. ENVIRON-
6 MENTAL IMPACTS SHALL BE ASSESSED, INCLUDING MIGRATION OF CHEMICALS FROM
7 THE SYNTHETIC TURF INTO AIR, WATER AND SOIL. SUCH STATEMENT SHALL MEET
8 THE REQUIREMENTS OF THE MOST DETAILED ENVIRONMENTAL IMPACT STATEMENT
9 REQUIRED BY THIS SECTION OR BY ANY SUCH RULE OR REGULATION PROMULGATED
10 PURSUANT TO THIS SECTION.
11 S 5. Section 27-1901 of the environmental conservation law is amended
12 by adding a new subdivision 2-a to read as follows:
13 2-A. "CRUMB RUBBER" MEANS GROUND RUBBER DERIVED FROM WASTE TIRES,
14 WHICH CONTAIN ONE OR MORE OF THE FOLLOWING INGREDIENTS: ARSENIC, CADMI-
15 UM, CHROMIUM, LEAD, VANADIUM, ZINC, AND ACETONE.
16 S 6. This act shall take effect immediately; (a) provided, however,
17 that sections two and three of this act shall continue in full force and
18 effect for six months from such effective date, or until the department
19 of environmental conservation reports to the governor and the legisla-
20 ture as required by section three of this act, whichever date is later,
21 when upon such date the provisions of sections two and three of this act
22 shall be deemed repealed; and
23 (b) provided that the commissioner of environmental conservation shall
24 notify the legislative bill drafting commission upon filing the report
25 required in section three of this act in order that the commission may
26 maintain an accurate and timely effective data base of the official text
27 of the laws of the state of New York in furtherance of effectuating the
28 provisions of section 44 of the legislative law and section 70-b of the
29 public officers law.