Assembly Bill A5798A

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

                                 5798--A
                                                        Cal. No. 190

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 1, 2011
                               ___________

Introduced   by   M.   of   A.   SWEENEY,  CLARK,  BOYLAND,  WEISENBERG,
  PEOPLES-STOKES, HOOPER,  COLTON,  ROSENTHAL,  LIFTON,  PAULIN,  NOLAN,
  ZEBROWSKI,  P. RIVERA, GALEF -- Multi-Sponsored by -- M. of A. CASTEL-
  LI, DINOWITZ, FARRELL, LATIMER, McENENY -- read once and  referred  to
  the  Committee  on  Environmental  Conservation -- advanced to a third
  reading, amended and ordered reprinted, retaining  its  place  on  the
  order of third reading

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
TELEVISIONS.
  8.  "DECABROMODIPHENYL ETHER" MEANS THE CHEMICAL MIXTURE PREDOMINATELY
COMPRISED OF DECABROMODIPHENYL ETHER, AND INCLUDING ASSOCIATED  POLYBRO-
MINATED DIPHENYL ETHER IMPURITIES NOT INTENTIONALLY ADDED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02917-06-2
              

A. 5798--A                          2

  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, A PERSON MAY NOT DISTRIBUTE  ELECTRICAL  EQUIPMENT  OR  COVERED
ELECTRONIC  DEVICES,  EXCEPT  THOSE USED IN TRANSPORTATION EQUIPMENT, IN
COMMERCE IF THEY CONTAIN DECABROMODIPHENYL ETHER.
  B. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION, ON AND AFTER
DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTEEN, A PERSON MAY NOT  DISTRIB-
UTE  ANY  PRODUCT,  EXCEPT  FOR  TRANSPORTATION  AND  MILITARY  USES, IN
COMMERCE IF IT CONTAINS DECABROMODIPHENYL ETHER.
  C. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION, ON AND AFTER
DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN, A PERSON MAY NOT  DISTRIB-
UTE ANY PRODUCT IN COMMERCE IF IT CONTAINS DECABROMODIPHENYL ETHER.
  D. ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTEEN, 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 THIRTEEN, 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. 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 immediately and  shall  be  deemed  to
have  been  in  full  force  and  effect  on or after December 31, 2011;
provided that no penalty shall be imposed pursuant to section  three  of
this act for conduct which occurred before such effective date.