senate Bill S2201

Restricts the use of decabromodiphenyl ether in certain products

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 14 / Jan / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Restricts the use of decabromodiphenyl ether in certain products.

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Bill Details

Versions:
S2201
Legislative Cycle:
2013-2014
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §37-0101, add §37-0112, En Con L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3976B
2009-2010: S8181
2007-2008: A7977B

Sponsor Memo

BILL NUMBER:S2201

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to restricting the use of certain ethers in certain products

PURPOSE OR GENERAL IDEA OF BILL:
To protect the environment and public health by prohibiting the manufac-
ture, process or distribution of the brominated flame retardant decabro-
minated diphenyl ether (decaBDE).

SUMMARY OF SPECIFIC PROVISIONS:
Section two of the bill defines "covered electronic device" and "Deca-
bromodiphenyl ether."

Section three of the bill adds a new section 37-0112 to establish a
timeline for the prohibition of the manufacture, process or distribution
of products containing commercial decaBDE and to permit retailers to
sell through their supply of products.

Section four contains the effective date.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
This legislation adds subdivisions (7) and (8) to §37-0101 as well as a
new §37-0112 to the Environmental Conservation Law.

JUSTIFICATION:
Chapter 387 of 2004 prohibited the manufacture, process, or distribution
of two forms of brominated flame retardants known as pentabrominated
diphenyl ether (pentaBDE) and octabrominated diphenyl ether (octaBDE)
due to their prevalence in the environment and research suggesting that
they cause permanent neurological and developmental damage including
deficits in learning, memory and hearing, changes in behavior, and
delays in sensory-motor development. A third form of PBDE, decabrominat-
ed diphenyl ether (decaBDE), has been the most widely used of the three
formulations, exceeding 60,000 metric tons worldwide with 40 percent of
the use occurring here in North America. It has widespread persistence
in the environment and our homes, accumulating in dust, food, and our
bodies, as shown in samples of blood and breast milk. DecaBDE has been
shown to pose the same public health dangers as its banned counterparts.
DecaBDE also breaks down, either by natural environmental processes or
when metabilized, into PBDE congeners that are predominantly found in
the now prohibited pentaBDE and octaBDE.

In December 2009, the Environmental Protection Agency (EPA) entered into
agreements with DecaBDE manufacturers to phase out the production,
importation and sales for most uses by December 31, 2012 and for most
uses by 2013. This legislation would codify that agreement.

PRIOR LEGISLATIVE HISTORY:
2007-08: A.7977-B (Sweeney) - Passed Assembly
2009-10: S.8181 - Referred to Rules

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2201

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 14, 2013
                               ___________

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:

  Section 1. Legislative intent. The legislature finds and declares  the
following:  Polybrominated diphenyl ethers (PBDEs) have been used exten-
sively as flame  retardants  in  a  large  number  of  common  household
products  for  the past thirty years. Studies on animals show that PBDEs
can impact the developing brain, affecting behavior and  learning  after
birth  and  into  adulthood,  making  exposure to fetuses and children a
particular concern. Levels of PBDEs are increasing in people, and in the
environment, particularly  in  North  America.  Because  people  can  be
exposed  to  these  chemicals  through  house dust and indoor air, it is
important to phase out their use in common household products,  provided
that  effective flame retardants that are safer and technically feasible
are available at a reasonable cost.
  S 2. Section 37-0101 of the environmental conservation law is  amended
by adding two new subdivisions 7 and 8 to read as follows:
  7.  "COVERED  ELECTRONIC DEVICES" MEAN COMPUTERS, COMPUTER MONITORS OR
TELEVISIONS.
  8. "DECABROMODIPHENYL ETHER" MEANS THE CHEMICAL MIXTURE  PREDOMINATELY
COMPRISED  OF DECABROMODIPHENYL ETHER, AND INCLUDING ASSOCIATED POLYBRO-
MINATED DIPHENYL ETHER IMPURITIES NOT INTENTIONALLY ADDED.
  S 3. The environmental conservation law is amended  by  adding  a  new
section 37-0112 to read as follows:
S 37-0112. RESTRICTION OF DECABROMODIPHENYL ETHER.
  1.  PROHIBITION.  A.  EXCEPT  AS  PROVIDED  IN SUBDIVISION TWO OF THIS
SECTION, ON AND AFTER DECEMBER THIRTY-FIRST, TWO  THOUSAND  THIRTEEN,  A
PERSON  MAY  NOT  DISTRIBUTE  ELECTRICAL EQUIPMENT OR COVERED ELECTRONIC

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04886-02-3

S. 2201                             2

DEVICES, EXCEPT THOSE USED IN TRANSPORTATION EQUIPMENT, IN  COMMERCE  IF
THEY  CONTAIN  MORE  THAN  ONE TENTH OF ONE PER CENTUM DECABROMODIPHENYL
ETHER BY MASS.
  B. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION, ON AND AFTER
DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, A PERSON MAY NOT DISTRIBUTE
ANY PRODUCT, EXCEPT FOR TRANSPORTATION AND MILITARY USES, IN COMMERCE IF
IT  CONTAINS  MORE  THAN  ONE  TENTH OF ONE PER CENTUM DECABROMODIPHENYL
ETHER BY MASS.
  C. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION, ON AND AFTER
DECEMBER THIRTY-FIRST, TWO THOUSAND SIXTEEN, A PERSON MAY NOT DISTRIBUTE
ANY PRODUCT IN COMMERCE IF IT CONTAINS MORE THAN ONE TENTH  OF  ONE  PER
CENTUM DECABROMODIPHENYL ETHER BY MASS.
  D.  ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, A PERSON
MAY NOT MANUFACTURE DECABROMODIPHENYL ETHER.
  2. EXEMPTION. ANY USED PRODUCT SOLD  OR  DISTRIBUTED  BY  A  BUSINESS,
CHARITY OR PRIVATE PARTY SHALL BE EXEMPT FROM THE PROVISIONS OF SUBDIVI-
SION ONE OF THIS SECTION.
  3.  RETAILERS  IN  POSSESSION.  IN-STATE  RETAILERS  IN  POSSESSION OF
PRODUCTS THAT ARE BANNED FOR SALE UNDER SUBDIVISION ONE OF THIS  SECTION
MAY EXHAUST THEIR STOCK THROUGH SALES TO THE PUBLIC.
  4. ONGOING REVIEW OF AVAILABILITY OF ALTERNATIVES TO DECABROMODIPHENYL
ETHER.  BY JANUARY FIRST, TWO THOUSAND FOURTEEN, THE COMMISSIONER OF THE
OFFICE  OF  GENERAL  SERVICES  SHALL GIVE PRIORITY AND PREFERENCE TO THE
PURCHASE OF EQUIPMENT, SUPPLIES, AND OTHER PRODUCTS THAT DO NOT  CONTAIN
DECABROMODIPHENYL ETHERS.
  5. PENALTIES. A MANUFACTURER WHO VIOLATES THIS SECTION IS SUBJECT TO A
CIVIL  PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH VIOLATION PER
DAY IN THE CASE OF A FIRST OFFENSE. A MANUFACTURER IS SUBJECT TO A CIVIL
PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS FOR EACH REPEAT OFFENSE  PER
DAY.
  S 4. This act shall take effect immediately.

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