NY State Senate Bill 2009-S2515

Archive: Last Bill Status - Stricken

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 10, 2009	recommit, enacting clause stricken
Feb 23, 2009	referred to environmental conservation

2009-S2515 (ACTIVE) - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Amd §37-0101, add §37-0113, En Con L

2009-S2515 (ACTIVE) - Summary

Restricts the use of decabromodiphenyl ether in certain products.

2009-S2515 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2515

 TITLE OF BILL :
An act to amend the environmental conversation 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 37-0112 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, 2012.  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 §37-0101 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, 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 of 2008 (Sweeney) - Passed Assembly.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
None.

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

2009-S2515 (ACTIVE) - Bill Text download pdf

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

                                  2515

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 23, 2009
                               ___________

Introduced  by Sen. THOMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conversation  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.
                                                           LBD08804-01-9

S. 2515                             2

  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, 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 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.
  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. 2515                             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, 2011.

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Senate Bill S2515

Sponsored By

Archive: Last Bill Status - Stricken

Actions

2009-S2515 (ACTIVE) - Details

2009-S2515 (ACTIVE) - Summary

2009-S2515 (ACTIVE) - Sponsor Memo

2009-S2515 (ACTIVE) - Bill Text download pdf

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Sponsored By

Antoine M. Thompson

Archive: Last Bill Status - Stricken

Actions

2009-S2515 (ACTIVE) - Details

2009-S2515 (ACTIVE) - Summary

2009-S2515 (ACTIVE) - Sponsor Memo

2009-S2515 (ACTIVE) - Bill Text download pdf

Comments