Assembly Bill A7071

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

                                  7071

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             April 11, 2011
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to the  regulation
  of synthetic turf products

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

  Section 1. The general business law is amended by adding a new section
390-d to read as follows:
  S 390-D. REGULATION OF SYNTHETIC TURF PRODUCTS. 1.  DEFINITIONS.    AS
USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
INGS:
  (A)  "SYNTHETIC  TURF  PRODUCT"  SHALL  MEAN  A SURFACE OF TURF FIBERS
COMPOSED OF SYNTHETIC MATERIALS MADE TO RESEMBLE  GRASS  OR  SOME  OTHER
LIVE VEGETATION THAT IS USED IN PLACE OF GRASS TO SURFACE PARKS, OUTDOOR
PLAYING OR ATHLETIC FIELDS, INDOOR ATHLETIC FACILITIES OR OTHER VENUES.
  (B)  "CERTIFICATION  OF  COMPLIANCE  WITH  SYNTHETIC TURF PRODUCT LEAD
STANDARDS" SHALL MEAN A DOCUMENT VERIFIED BY A MANUFACTURER OF A PARTIC-
ULAR SYNTHETIC TURF PRODUCT WHICH SHALL INCLUDE THE LEAD  CONTENT  LEVEL
IN PARTS PER MILLION WITH REFERENCE TO SUCH SYNTHETIC TURF PRODUCT.
  2.  REQUIREMENTS FOR USERS OF SYNTHETIC TURF. NO PERSON MAY INSTALL OR
CAUSE TO INSTALL A SYNTHETIC TURF PRODUCT ON ANY PART OF THE GROUNDS  OF
ANY  PIECE OF PUBLIC OR PRIVATE PROPERTY THAT CONSISTS OF SYNTHETIC TURF
PRODUCT MATERIALS CONTAINING FIFTY OR MORE PARTS OF LEAD  PER  EACH  ONE
MILLION PARTS OF ANY SYNTHETIC TURF PRODUCT MATERIAL EXAMINED.
  3.  ENFORCEMENT  OF  THIS  SECTION.  (A) WHENEVER THE ATTORNEY GENERAL
SHALL BELIEVE FROM EVIDENCE SATISFACTORY TO HIM OR HER THAT ANY  PERSON,
FIRM,  CORPORATION  OR  ASSOCIATION  OR  AGENT  OR  EMPLOYEE THEREOF HAS
VIOLATED ANY PROVISION OF THIS SECTION, HE OR SHE MAY BRING AN ACTION IN
THE SUPREME COURT OF THE STATE OF NEW YORK FOR A JUDGMENT ENJOINING  THE
CONTINUANCE  OF  SUCH VIOLATION AND REQUIRING ANY NECESSARY REMEDIATION,
AND FOR A CIVIL PENALTY OF NOT MORE THAN TEN THOUSAND DOLLARS  FOR  EACH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09999-01-1
              

A. 7071                             2

VIOLATION,  EXCEPT THAT THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
THAN THIRTY THOUSAND DOLLARS IF THE VIOLATION IS KNOWING AND WILLFUL. IF
IT SHALL APPEAR TO THE SATISFACTION OF THE COURT  OR  JUSTICE  THAT  THE
DEFENDANT  HAS VIOLATED ANY PROVISION OF THIS SECTION, NO PROOF SHALL BE
REQUIRED THAT ANY PERSON HAS BEEN INJURED THEREBY NOR THAT THE DEFENDANT
KNOWINGLY OR INTENTIONALLY  VIOLATED  SUCH  PROVISION.  IN  SUCH  ACTION
PRELIMINARY RELIEF MAY BE GRANTED UNDER ARTICLE SIXTY-THREE OF THE CIVIL
PRACTICE  LAW  AND RULES. BEFORE ANY VIOLATION OF THIS SECTION IS SOUGHT
TO BE ENJOINED, THE ATTORNEY GENERAL  SHALL  BE  REQUIRED  TO  GIVE  THE
PERSON  AGAINST WHOM SUCH PROCEEDING IS CONTEMPLATED NOTICE BY CERTIFIED
MAIL AND AN OPPORTUNITY TO PRODUCE A CERTIFICATION  OF  COMPLIANCE  WITH
SYNTHETIC  TURF  PRODUCT  LEAD STANDARDS WITHIN FIVE BUSINESS DAYS AFTER
RECEIPT OF NOTICE THAT WOULD ESTABLISH THAT PROCEEDINGS  SHOULD  NOT  BE
INSTITUTED AGAINST HIM OR HER UNLESS THE ATTORNEY GENERAL SHALL FIND, IN
ANY  CASE IN WHICH HE OR SHE SEEKS PRELIMINARY RELIEF, THAT TO GIVE SUCH
NOTICE AND OPPORTUNITY IS NOT IN THE PUBLIC INTEREST.
  (B) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO  SYNTHETIC  TURF
PRODUCTS INSTALLED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
  S 2. This act shall take effect immediately.