Assembly Bill A212B

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

                                   212

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. MAISEL, ENGLEBRIGHT -- read once and referred to
  the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  prohibiting  the  distribution and use of paper containing bisphenol A
  for the recording of any business transaction

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The environmental conservation law is amended by adding a
new section 37-0508 to read as follows:
S 37-0508. TRANSACTION PAPER.
  NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED  LIABILITY  COMPANY
OR CORPORATION, INCLUDING BANKING ORGANIZATIONS, SHALL DISTRIBUTE OR USE
ANY  PAPER  CONTAINING  BISPHENOL A FOR THE RECORDING OF ANY BUSINESS OR
BANKING TRANSACTION INCLUDING, BUT NOT LIMITED  TO,  RECEIPTS,  CREDITS,
WITHDRAWALS, DEPOSITS, AND CREDIT AND DEBIT CARD RECORDS.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00765-01-1


              

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

                                 212--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of  A.  MAISEL,  ENGLEBRIGHT, JAFFEE, SPANO, COLTON,
  LUPARDO, ROBINSON,  P. RIVERA,  WEPRIN,  SCHIMEL,  PERRY,  BRONSON  --
  Multi-Sponsored  by  --  M.    of  A.  GIBSON,  JOHNS -- read once and
  referred to the Committee on Environmental Conservation  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the environmental conservation law, in relation to regu-
  lation of bisphenol A in business transaction paper

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The environmental conservation law is amended by  adding  a
new section 37-0508 to read as follows:
S 37-0508. REGULATION OF BISPHENOL A IN BUSINESS TRANSACTION PAPER.
  1.  BISPHENOL A PROHIBITION IN BUSINESS TRANSACTION PAPER.  NO PERSON,
FIRM, PARTNERSHIP, ASSOCIATION,  LIMITED  LIABILITY  COMPANY  OR  CORPO-
RATION,  INCLUDING  BANKING  ORGANIZATIONS,  SHALL DISTRIBUTE OR USE ANY
PAPER CONTAINING BISPHENOL A FOR THE RECORDING OF ANY BUSINESS OR  BANK-
ING  TRANSACTION INCLUDING, BUT NOT LIMITED TO, RECEIPTS, CREDITS, WITH-
DRAWALS, DEPOSITS, AND CREDIT AND DEBIT CARD RECORDS.
  2. PAPER MANUFACTURER RESPONSIBILITIES. A. NO PAPER MANUFACTURER SHALL
PRODUCE OR DISTRIBUTE ANY PAPER CONTAINING BISPHENOL A WHICH IS  PROHIB-
ITED  TO  BE  USED  OR  DISTRIBUTED  PURSUANT TO SUBDIVISION ONE OF THIS
SECTION.
  B. ANY PAPER MANUFACTURER THAT PRODUCES PAPER CONTAINING  BISPHENOL  A
FOR THE PURPOSES REFERRED TO IN SUBDIVISION ONE OF THIS SECTION SHALL:
  (1)  NOT  REPLACE  BISPHENOL A WITH ANOTHER CHEMICAL COMPOUND THAT HAS
BEEN SCIENTIFICALLY ESTABLISHED TO BE A KNOWN HUMAN CARCINOGEN AS  CLAS-
SIFIED  BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, A DEVELOP-
MENTAL TOXIN, AN ENDOCRINE DISRUPTOR OR A REPRODUCTIVE TOXIN;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00765-03-1
              

A. 212--A                           2

  (2) USE THE LEAST  TOXIC  ALTERNATIVE  CHEMICAL  COMPOUND  TO  REPLACE
BISPHENOL A;
  (3)  PROVIDE  INFORMATION  ON  THE  CHEMICAL  COMPOUND USED TO REPLACE
BISPHENOL A TO THE DEPARTMENT; AND
  (4) NOT MANUFACTURE SUCH PAPER UNTIL THE DEPARTMENT SHALL HAVE  CERTI-
FIED ALTERNATIVE CHEMICAL COMPOUNDS TO BISPHENOL A BASED UPON THE RECOM-
MENDATIONS  OF  THE  ADVISORY  COMMITTEE  ON LEAST TOXIC ALTERNATIVES TO
BISPHENOL A.
  3. DEPARTMENT RESPONSIBILITIES. A. THE DEPARTMENT SHALL  CERTIFY  THAT
ANY  CHEMICAL COMPOUND USED TO REPLACE BISPHENOL A IN THE MANUFACTURE OF
PAPER PURSUANT TO SUBDIVISION TWO OF THIS SECTION IS:
  (1) THE LEAST TOXIC ALTERNATIVE AVAILABLE; AND
  (2) NOT A KNOWN HUMAN CARCINOGEN AS CLASSIFIED BY  THE  UNITED  STATES
ENVIRONMENTAL  PROTECTION  AGENCY,  A  DEVELOPMENTAL TOXIN, AN ENDOCRINE
DISRUPTOR OR A REPRODUCTIVE TOXIN.
  B. NOT LESS THAN ONCE EVERY CALENDAR YEAR, THE DEPARTMENT SHALL UPDATE
THE REQUIREMENTS  FOR  CERTIFICATION  OF  LEAST  TOXIC  ALTERNATIVES  TO
BISPHENOL  A AND PROVIDE SUCH INFORMATION TO PAPER MANUFACTURERS SUBJECT
TO THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION.  FURTHERMORE,  THE
DEPARTMENT  SHALL  ANNUALLY  UPDATE  ITS  INFORMATION  ON THOSE CHEMICAL
COMPOUNDS THAT ARE KNOWN HUMAN CARCINOGENS, DEVELOPMENTAL TOXINS, ENDOC-
RINE DISRUPTERS OR REPRODUCTIVE TOXINS, AND SHALL PROVIDE SUCH  INFORMA-
TION TO PAPER MANUFACTURERS SUBJECT TO THE PROVISIONS OF SUBDIVISION TWO
OF  THIS  SECTION.  THE  DEPARTMENT  SHALL MAKE ALL INFORMATION COMPILED
PURSUANT TO THIS SUBDIVISION AVAILABLE TO THE PUBLIC ON THE DEPARTMENT'S
INTERNET WEBSITE.
  C. THE DEPARTMENT SHALL INVESTIGATE AND DETERMINE  ACCEPTABLE  METHODS
OF  DISPOSAL  AND  RECYCLING  OF  BUSINESS  TRANSACTION PAPER CONTAINING
BISPHENOL A SO AS TO ELIMINATE OR MINIMIZE EXPOSURE TO BISPHENOL A.  THE
DEPARTMENT  SHALL PROVIDE PUBLIC NOTICE OF THE SAFE PRACTICES FOR HANDL-
ING AND DISPOSING OF SUCH PAPER.
  4. ADVISORY COMMITTEE ON LEAST TOXIC ALTERNATIVES TO BISPHENOL  A.  A.
WITHIN  SIXTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, THE DEPARTMENT
SHALL CONVENE AN ADVISORY PANEL OF EXPERTS FOR THE PURPOSE  OF  ADVISING
THE  DEPARTMENT ON LEAST TOXIC ALTERNATIVES TO BISPHENOL A. THE NAMES OF
THE MEMBERS OF THIS COMMITTEE SHALL BE  AVAILABLE  ON  THE  DEPARTMENT'S
WEBSITE.
  B.  THE ADVISORY COMMITTEE SHALL BE COMPOSED OF COMPETENT, INDEPENDENT
SCIENTISTS WHO HAVE NO CURRENT OR PAST EMPLOYMENT OR FINANCIAL CONFLICTS
OF INTEREST WITH MANUFACTURERS OF BISPHENOL  A  OR  PRODUCTS  CONTAINING
BISPHENOL A.
  C.  ADVISORY  COMMITTEE  MEMBERS  SHALL HAVE SUBSTANTIAL EXPERIENCE IN
EVALUATING TOXICOLOGICAL AND EPIDEMIOLOGICAL DATA  ON  TOXIC  CHEMICALS,
INCLUDING  THEIR POTENTIAL CARCINOGENIC, ENDOCRINE DISRUPTIVE, REPRODUC-
TIVE, DEVELOPMENTAL OR NEUROLOGICAL EFFECTS. CHEMICALS CONSIDERED TO  BE
TOXIC  SHALL  BE THOSE LIKELY TO CAUSE OR CONTRIBUTE TO ACUTE ILLNESS OR
CHRONIC IMPACTS NEGATIVELY ALTERING HUMAN BIOLOGICAL FUNCTIONS OR ABILI-
TY TO RESPOND TO ENVIRONMENTAL ASSAULTS.
  D. THE ADVISORY COMMITTEE SHALL BE CONVENED WITHIN SIXTY DAYS  OF  THE
EFFECTIVE DATE OF THIS SECTION AND AT SUCH TIMES AS THE DEPARTMENT SEEKS
FURTHER  RECOMMENDATIONS OR CLARIFICATIONS OF CURRENT DATA. ALL MEETINGS
AND PROCEEDINGS OF THE COMMITTEE SHALL BE SUBJECT TO THE  PROVISIONS  OF
ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.