S T A T E O F N E W Y O R K
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
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.
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
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
S 4. This act shall take effect immediately.