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

                                  7573

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 16, 2009
                               ___________

Introduced  by  M.  of  A.  SWEENEY,  CLARK,  BOYLAND, KOON, WEISENBERG,
  PEOPLES, HOOPER, COLTON, PERALTA -- read  once  and  referred  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 DEVICE" MEANS A DESKTOP OR  PERSONAL  COMPUTER,
COMPUTER  MONITOR,  PORTABLE COMPUTER, CATHODE RAY TUBE BASED TELEVISION
OR A TELEVISION THAT IS NOT CATHODE RAY TUBE BASED.
  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  IN ELECTRONICS AND
             TEXTILES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02206-03-9
              

A. 7573                             2

  1. PROHIBITION. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION,
ON AND AFTER JULY FIRST, TWO THOUSAND TWELVE, A PERSON MAY NOT  MANUFAC-
TURE,  PROCESS,  OR DISTRIBUTE IN COMMERCE ANY OF THE FOLLOWING PRODUCTS
IF THEY CONTAIN COMMERCIAL DECABROMODIPHENYL ETHER:
  A. COVERED ELECTRONIC DEVICES;
  B. UPHOLSTERED FURNITURE OR TEXTILES INTENDED FOR INDOOR USE IN A HOME
OR OTHER RESIDENTIAL OCCUPANCY; OR
  C. MATTRESSES AND MATTRESS PADS.
  2.  EXEMPTION. THE FOLLOWING PRODUCTS CONTAINING POLYBROMINATED DIPHE-
NYL ETHERS ARE EXEMPT FROM THE PROVISIONS OF  SUBDIVISION  ONE  OF  THIS
SECTION:
  A.  ANY  USED  TRANSPORTATION  VEHICLE WITH COMPONENT PARTS CONTAINING
POLYBROMINATED DIPHENYL ETHERS;
  B. ANY USED TRANSPORTATION VEHICLE PARTS OR NEW TRANSPORTATION VEHICLE
PARTS MANUFACTURED BEFORE JANUARY FIRST, TWO THOUSAND ELEVEN;
  C. EQUIPMENT USED PRIMARILY FOR MILITARY  OR  FEDERALLY  FUNDED  SPACE
PROGRAM APPLICATIONS. THIS EXEMPTION DOES NOT COVER CONSUMER-BASED GOODS
WITH BROAD APPLICABILITY;
  D.  ANY  USED  PRODUCT  SOLD OR DISTRIBUTED BY A BUSINESS, CHARITY, OR
PRIVATE PARTY; AND
  E. MEDICAL DEVICES.
  3. RETAILERS IN POSSESSION.    IN-STATE  RETAILERS  IN  POSSESSION  OF
PRODUCTS  ON  JULY  FIRST, TWO THOUSAND TWELVE, THAT ARE BANNED FOR SALE
UNDER SUBDIVISION ONE OF THIS SECTION MAY EXHAUST  THEIR  STOCK  THROUGH
SALES  TO THE PUBLIC. NOTHING IN THIS SECTION SHALL RESTRICT THE ABILITY
OF A MANUFACTURER, IMPORTER, OR DISTRIBUTOR FROM  TRANSPORTING  PRODUCTS
CONTAINING POLYBROMINATED DIPHENYL ETHERS THROUGHOUT THE STATE, OR STOR-
ING SUCH PRODUCTS IN THE STATE FOR LATER DISTRIBUTION OUTSIDE THE STATE.
  4. ONGOING REVIEW OF AVAILABILITY OF ALTERNATIVES TO DECABROMODIPHENYL
ETHER.    BY  JULY  FIRST,  TWO THOUSAND ELEVEN, 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. LABELING AND POSITIVE RECOGNITION. THE COMMISSIONER MAY ESTABLISH A
"PBDE-FREE" PRODUCT LABELING PROGRAM FOR PRODUCTS THAT  DO  NOT  CONTAIN
POLYBROMINATED  DIPHENYL ETHERS. THE COMMISSIONER MAY ESTABLISH PARTNER-
SHIPS WITH MANUFACTURERS OF POLYBROMINATED DIPHENYL  ETHERS  TO  ENHANCE
THE  MARKET  FOR  PRODUCTS  THAT  DO NOT CONTAIN POLYBROMINATED DIPHENYL
ETHERS AND REDUCE THE USE OF POLYBROMINATED DIPHENYL ETHERS IN PRODUCTS.
THE COMMISSIONER MAY DEVELOP AN AWARDS PROGRAM TO RECOGNIZE  THE  ACCOM-
PLISHMENTS  OF MANUFACTURERS WHO EXCEED THE REQUIREMENTS OF THIS SECTION
AND WHO EXCEL AT REDUCING  OR  ELIMINATING  DECABROMODIPHENYL  ETHER  IN
PRODUCTS AND THE ENVIRONMENT.
  6. 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 on the first of July next succeeding
the date on which it shall have become a law.