NY State Senate Bill 2009-S177

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 11, 2010	print number 177a
Jan 11, 2010	amend and recommit to environmental conservation
Jan 06, 2010	referred to environmental conservation
Jan 07, 2009	referred to environmental conservation

Bill Amendments

Original

A (Active)

co-Sponsors

2009-S177 - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §37-0101, add §37-0113, En Con L
Versions Introduced in 2011-2012 Legislative Session:: S3628

2009-S177 - Summary

Restricts the use of decabromodiphenyl ether in certain electronic and textile products.

2009-S177 - Sponsor Memo

                                 BILL NUMBER:  S177

 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
manufacture, process or distribution of the brominated flame retardant
decabrominated diphenyl ether (decaBDE).

 SUMMARY OF SPECIFIC PROVISIONS :
Section one of the bill defines "covered electronic device" and
"Decabromodiphenyl ether."  Section two of the bill adds a new section
37-0113 to prohibit, after July 2, 2010, the manufacture, process or
distribution of the following products containing commercial decaBDE:

* covered electronic devices;

* upholstered furniture or textiles for indoor residential use;

* mattresses and mattress pads

Exemptions would be provided for the following products:

* transportation vehicles

* military or federally funded space program equipment

* used products sold or distributed by a business, charity or private
party;

* medical devices.

Section two would also require the Commissioner of the Department of
Environmental Conservation (DEC) and the Commissioner of Health to
review the availability of alternatives to decaBDE and make
recommendations to the Legislature no later than January 1, 2010. In
addition, the DEC Commissioner would be authorized to grant an
exemption to the decaBDE prohibition upon a finding that there is no
other technically feasible alternative or that the potential harm to
public health and the environment posed by an alternative is greater
than the potential,harm posed by decaBDE.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :

This legislation adds subdivisions (7) and (8) to §37-0113 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, decabrominated 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.

 PRIOR LEGISLATIVE HISTORY :

A7977-A (Sweeney) - Passed Assembly.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
This act shall take effect July 1, 2010.

2009-S177 - Bill Text download pdf

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

                                   177

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

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. 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  2.  The  environmental  conservation law is amended by adding a new
section 37-0113 to read as follows:
S 37-0113. RESTRICTION OF DECABROMODIPHENYL  ETHER  IN  ELECTRONICS  AND
             TEXTILES.
  1.  LEGISLATIVE  INTENT. THE LEGISLATURE FINDS AND DECLARES ALL OF 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 AS WELL  AS
THROUGH FOOD, 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.

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

                                                           LBD02026-01-9

S. 177                              2

  2. PROHIBITION. EXCEPT  AS  PROVIDED  IN  SUBDIVISION  THREE  OF  THIS
SECTION,  ON AND AFTER JULY FIRST, TWO THOUSAND ELEVEN, A PERSON MAY NOT
MANUFACTURE, 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.
  3.  EXEMPTION. THE FOLLOWING PRODUCTS CONTAINING POLYBROMINATED DIPHE-
NYL ETHERS ARE EXEMPT FROM THE PROVISIONS OF  SUBDIVISION  TWO  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 TEN;
  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.
  4. RETAILERS IN POSSESSION.    IN-STATE  RETAILERS  IN  POSSESSION  OF
PRODUCTS  ON  JULY  FIRST,  TWO THOUSAND ELEVEN THAT ARE BANNED FOR SALE
UNDER SUBDIVISION TWO 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.
  5. ONGOING REVIEW OF AVAILABILITY OF ALTERNATIVES TO DECABROMODIPHENYL
ETHER.  AT  LEAST EVERY TWO YEARS, THE COMMISSIONER AND THE COMMISSIONER
OF HEALTH SHALL REVIEW USES OF COMMERCIAL DECABROMODIPHENYL ETHER, AVAI-
LIBILITY OF TECHNICALLY FEASIBLE  ALTERNATIVES,  AND  ANY  NEW  EVIDENCE
REGARDING  THE POTENTIAL HARM TO PUBLIC HEALTH AND THE ENVIRONMENT POSED
BY COMMERCIAL DECABROMODIPHENYL ETHER.  SUCH  COMMISSIONERS  SHALL  MAKE
RECOMMENDATIONS  TO  THE LEGISLATURE ON ADDITIONAL BANS AND RESTRICTIONS
TO REDUCE AND PHASE  OUT  THE  MANUFACTURE,  SALE,  OR  DISTRIBUTION  OF
NONCOMBUSTIBLE  PRODUCTS  CONTAINING COMMERCIAL DECABROMODIPHENYL ETHER.
THE COMMISSIONERS SHALL REPORT THEIR FINDINGS AND RECOMMENDATIONS TO THE
APPROPRIATE COMMITTEES OF THE LEGISLATURE NO LATER THAN  JANUARY  FIRST,
TWO THOUSAND ELEVEN, AND EVERY TWO YEARS AFTER SUCH DATE.
  A.  THE  COMMISSIONER  IS  AUTHORIZED  TO PARTICIPATE IN A REGIONAL OR
NATIONAL MULTISTATE CLEARINGHOUSE TO ASSIST IN CARRYING OUT THE REQUIRE-
MENTS OF THIS SECTION.  THE  CLEARINGHOUSE  IS  AUTHORIZED  TO  MAINTAIN
INFORMATION ON BEHALF OF NEW YORK, INCLUDING, BUT NOT LIMITED TO:
  (1)  A LIST OF ALL PRODUCTS CONTAINING POLYBROMINATED DIPHENYL ETHERS;
AND
  (2) INFORMATION ON ALL EXEMPTIONS GRANTED BY THE STATE.
  B. BY JULY FIRST, TWO THOUSAND TEN, 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 DECABROMODI-
PHENYL ETHERS.
  6. ADDITIONAL EXEMPTIONS. IN ADDITION TO THE SPECIFIC EXEMPTIONS UNDER
SUBDIVISION THREE OF THIS SECTION, A MANUFACTURER OR USER OF  A  PRODUCT
PROHIBITED  FROM  MANUFACTURE, SALE, OR DISTRIBUTION UNDER SUCH SUBDIVI-
SION MAY APPLY FOR AN EXEMPTION FOR A SPECIFIC USE OF  COMMERCIAL  DECA-
BROMODIPHENYL  ETHER BY FILING A WRITTEN PETITION WITH THE COMMISSIONER.

S. 177                              3

THE COMMISSIONER MAY GRANT AN EXEMPTION FOR A TERM  NOT  TO  EXCEED  TWO
YEARS.  THE EXEMPTION SHALL BE RENEWABLE UPON WRITTEN APPLICATION IF THE
SPECIFIC USE OF COMMERCIAL DECABROMODIPHENYL ETHER CONTINUES TO MEET THE
CRITERIA  OF  THIS  SECTION AND THE MANUFACTURER OR OTHER PERSONS COMPLY
WITH THE CONDITIONS OF ITS ORIGINAL APPROVAL. THE COMMISSIONER MAY GRANT
AN EXEMPTION FOR A SPECIFIC USE OF COMMERCIAL  DECABROMODIPHENYL  ETHER,
WITH  OR  WITHOUT CONDITIONS, UPON FINDING THAT THE APPLICANT HAS DEMON-
STRATED:
  A. A TECHNICALLY FEASIBLE ALTERNATIVE IS NOT AVAILABLE  AT  REASONABLE
COST; OR
  B.  THE  POTENTIAL  HARM TO PUBLIC HEALTH AND THE ENVIRONMENT DIRECTLY
POSED BY A TECHNICALLY FEASIBLE AND  AVAILABLE  ALTERNATIVE  IS  GREATER
THAN THE POTENTIAL HARM POSED BY COMMERCIAL DECABROMODIPHENYL ETHER.
  7. 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.
  8. PENALTIES. A MANUFACTURER WHO VIOLATES THIS SECTION IS SUBJECT TO A
CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH  VIOLATION  IN
THE CASE OF A FIRST OFFENSE. A MANUFACTURER IS SUBJECT TO A CIVIL PENAL-
TY  NOT  TO EXCEED FIVE THOUSAND DOLLARS FOR EACH REPEAT OFFENSE. PENAL-
TIES COLLECTED UNDER THIS SECTION SHALL BE USED BY THE  COMMISSIONER  TO
IMPLEMENT AND ENFORCE THIS SECTION.
  S 3. This act shall take effect July 1, 2010.

co-Sponsors

2009-S177A (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §37-0101, add §37-0113, En Con L
Versions Introduced in 2011-2012 Legislative Session:: S3628

2009-S177A (ACTIVE) - Summary

Restricts the use of decabromodiphenyl ether in certain electronic and textile products.

2009-S177A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S177A

 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
manufacture, process or distribution of the brominated flame retardant
decabrominated diphenyl ether (decaBDE).

 SUMMARY OF SPECIFIC PROVISIONS :
Section one of the bill defines "covered electronic device" and
"Decabromodiphenyl ether." Section two of the bill adds a new section
37-0113 to prohibit, after July 2, 2010, the manufacture, process or
distribution of the following products containing commercial decaBDE:

* covered electronic devices;

* upholstered furniture or textiles for indoor residential use;

* mattresses and mattress pads

Exemptions would be provided for the following products:

* transportation vehicles

* military or federally funded space program equipment

* used products sold or distributed by a business, charity or private
party;

* medical devices.

Section two would also require the Commissioner of the Department of
Environmental Conservation (DEC) and the Commissioner of Health to
review the availability of alternatives to decaBDE and make
recommendations to the Legislature no later than January 1, 2010. In
addition, the DEC commissioner would be authorized to grant an
exemption to the decaBDE prohibition upon a finding that there is no
other technically feasible alternative or that the potential harm to
public health and the environment posed by an alternative is greater
than the potential, harm posed by decaBDE.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :
This legislation adds subdivisions (7) and (8) to §37-0113 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, decabrominated 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.

 PRIOR LEGISLATIVE HISTORY :
A.7977-A (Sweeney) - Passed Assembly.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None.

 EFFECTIVE DATE :
This act shall take effect July 1, 2011.

2009-S177A (ACTIVE) - Bill Text download pdf

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

                                 177--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by Sens. ADAMS, DIAZ, HASSELL-THOMPSON, KRUEGER, LANZA, MONT-
  GOMERY,  OPPENHEIMER,  PARKER, SAVINO, SERRANO, SQUADRON -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Environmental Conservation -- recommitted to the Committee on Envi-
  ronmental Conservation in accordance with Senate Rule  6,  sec.  8  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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. 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  2.  The  environmental  conservation law is amended by adding a new
section 37-0113 to read as follows:
S 37-0113. RESTRICTION OF DECABROMODIPHENYL  ETHER  IN  ELECTRONICS  AND
             TEXTILES.
  1.  LEGISLATIVE  INTENT. THE LEGISLATURE FINDS AND DECLARES ALL OF 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

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

                                                           LBD02026-04-0

S. 177--A                           2

ENVIRONMENT,  PARTICULARLY  IN  NORTH  AMERICA.  BECAUSE  PEOPLE  CAN BE
EXPOSED TO THESE CHEMICALS THROUGH HOUSE DUST AND INDOOR AIR AS WELL  AS
THROUGH FOOD, 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.
  2. PROHIBITION. EXCEPT  AS  PROVIDED  IN  SUBDIVISION  THREE  OF  THIS
SECTION,  ON AND AFTER JULY FIRST, TWO THOUSAND TWELVE, A PERSON MAY NOT
MANUFACTURE, 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.
  3.  EXEMPTION. THE FOLLOWING PRODUCTS CONTAINING POLYBROMINATED DIPHE-
NYL ETHERS ARE EXEMPT FROM THE PROVISIONS OF  SUBDIVISION  TWO  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.
  4. RETAILERS IN POSSESSION.    IN-STATE  RETAILERS  IN  POSSESSION  OF
PRODUCTS  ON  JULY  FIRST,  TWO THOUSAND TWELVE THAT ARE BANNED FOR SALE
UNDER SUBDIVISION TWO 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.
  5. ONGOING REVIEW OF AVAILABILITY OF ALTERNATIVES TO DECABROMODIPHENYL
ETHER.  AT  LEAST EVERY TWO YEARS, THE COMMISSIONER AND THE COMMISSIONER
OF HEALTH SHALL  REVIEW  USES  OF  COMMERCIAL  DECABROMODIPHENYL  ETHER,
AVAILABILITY  OF TECHNICALLY FEASIBLE ALTERNATIVES, AND ANY NEW EVIDENCE
REGARDING THE POTENTIAL HARM TO PUBLIC HEALTH AND THE ENVIRONMENT  POSED
BY  COMMERCIAL  DECABROMODIPHENYL  ETHER.  SUCH COMMISSIONERS SHALL MAKE
RECOMMENDATIONS TO THE LEGISLATURE ON ADDITIONAL BANS  AND  RESTRICTIONS
TO  REDUCE  AND  PHASE  OUT  THE  MANUFACTURE,  SALE, OR DISTRIBUTION OF
NONCOMBUSTIBLE PRODUCTS CONTAINING COMMERCIAL  DECABROMODIPHENYL  ETHER.
THE COMMISSIONERS SHALL REPORT THEIR FINDINGS AND RECOMMENDATIONS TO THE
APPROPRIATE  COMMITTEES  OF THE LEGISLATURE NO LATER THAN JANUARY FIRST,
TWO THOUSAND TWELVE, AND EVERY TWO YEARS AFTER SUCH DATE.
  A. THE COMMISSIONER IS AUTHORIZED TO  PARTICIPATE  IN  A  REGIONAL  OR
NATIONAL MULTISTATE CLEARINGHOUSE TO ASSIST IN CARRYING OUT THE REQUIRE-
MENTS  OF  THIS  SECTION.  THE  CLEARINGHOUSE  IS AUTHORIZED TO MAINTAIN
INFORMATION ON BEHALF OF NEW YORK, INCLUDING, BUT NOT LIMITED TO:
  (1) A LIST OF ALL PRODUCTS CONTAINING POLYBROMINATED DIPHENYL  ETHERS;
AND
  (2) INFORMATION ON ALL EXEMPTIONS GRANTED BY THE STATE.
  B.  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 DECABRO-
MODIPHENYL ETHERS.

S. 177--A                           3

  6. ADDITIONAL EXEMPTIONS. IN ADDITION TO THE SPECIFIC EXEMPTIONS UNDER
SUBDIVISION THREE OF THIS SECTION, A MANUFACTURER OR USER OF  A  PRODUCT
PROHIBITED  FROM  MANUFACTURE, SALE, OR DISTRIBUTION UNDER SUCH SUBDIVI-
SION MAY APPLY FOR AN EXEMPTION FOR A SPECIFIC USE OF  COMMERCIAL  DECA-
BROMODIPHENYL  ETHER BY FILING A WRITTEN PETITION WITH THE COMMISSIONER.
THE COMMISSIONER MAY GRANT AN EXEMPTION FOR A TERM  NOT  TO  EXCEED  TWO
YEARS.  THE EXEMPTION SHALL BE RENEWABLE UPON WRITTEN APPLICATION IF THE
SPECIFIC USE OF COMMERCIAL DECABROMODIPHENYL ETHER CONTINUES TO MEET THE
CRITERIA OF THIS SECTION AND THE MANUFACTURER OR  OTHER  PERSONS  COMPLY
WITH THE CONDITIONS OF ITS ORIGINAL APPROVAL. THE COMMISSIONER MAY GRANT
AN  EXEMPTION  FOR A SPECIFIC USE OF COMMERCIAL DECABROMODIPHENYL ETHER,
WITH OR WITHOUT CONDITIONS, UPON FINDING THAT THE APPLICANT  HAS  DEMON-
STRATED:
  A.  A  TECHNICALLY FEASIBLE ALTERNATIVE IS NOT AVAILABLE AT REASONABLE
COST; OR
  B. THE POTENTIAL HARM TO PUBLIC HEALTH AND  THE  ENVIRONMENT  DIRECTLY
POSED  BY  A  TECHNICALLY  FEASIBLE AND AVAILABLE ALTERNATIVE IS GREATER
THAN THE POTENTIAL HARM POSED BY COMMERCIAL DECABROMODIPHENYL ETHER.
  7. 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.
  8. PENALTIES. A MANUFACTURER WHO VIOLATES THIS SECTION IS SUBJECT TO A
CIVIL  PENALTY  NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH VIOLATION IN
THE CASE OF A FIRST OFFENSE. A MANUFACTURER IS SUBJECT TO A CIVIL PENAL-
TY NOT TO EXCEED FIVE THOUSAND DOLLARS FOR EACH REPEAT  OFFENSE.  PENAL-
TIES  COLLECTED  UNDER THIS SECTION SHALL BE USED BY THE COMMISSIONER TO
IMPLEMENT AND ENFORCE THIS SECTION.
  S 3. This act shall take effect July 1, 2011.

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Senate Bill S177

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Bill Amendments

co-Sponsors

2009-S177 - Details

2009-S177 - Summary

2009-S177 - Sponsor Memo

2009-S177 - Bill Text download pdf

co-Sponsors

2009-S177A (ACTIVE) - Details

2009-S177A (ACTIVE) - Summary

2009-S177A (ACTIVE) - Sponsor Memo

2009-S177A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S177

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Sponsored By

Eric Adams

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Bill Amendments

co-Sponsors

Andrew J. Lanza

Suzi Oppenheimer

Daniel L. Squadron

2009-S177 - Details

2009-S177 - Summary

2009-S177 - Sponsor Memo

2009-S177 - Bill Text download pdf

co-Sponsors

Andrew J. Lanza

Suzi Oppenheimer

Daniel L. Squadron

2009-S177A (ACTIVE) - Details

2009-S177A (ACTIVE) - Summary

2009-S177A (ACTIVE) - Sponsor Memo

2009-S177A (ACTIVE) - Bill Text download pdf

Comments