Senate Bill S853

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

                                   853

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to direct the department of health  to  conduct  a  comprehensive
  public  health  study; and providing for the repeal of such provisions
  upon expiration thereof

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

  Section  1.  Legislative findings. The legislature finds that increas-
ingly, synthetic turf is being installed in many locations in  New  York
state, including parks, athletic fields and other settings where natural
grass  was previously grown. In recent years, crumb rubber fill is being
used as a component of synthetic turf and mulch.  Crumb  rubber  is  the
result  of  processing  waste  tires, which contain numerous components,
some of which are known to be hazardous to people and  the  environment.
The hazardous components include arsenic, cadmium, chromium, lead, vana-
dium, zinc and acetone. Health effects associated with these components,
at  dangerous  levels,  include  birth  defects,  cancer, nervous system
damage and immune system suppression. While various  options  for  waste
tire  use  are essential to reducing the significant stockpiles of waste
tires, such uses should not threaten or compromise public health.
  The legislature finds that more information is necessary  to  make  an
informed  decision  on the appropriate uses of synthetic turf containing
crumb rubber. In the interest of preventing adverse health  impacts  and
contamination to natural resources, the legislature finds that a compre-
hensive public health study on the potential threats associated with the
use of synthetic turf is warranted.
  Therefore,  the  legislature  finds  that it is consistent with public
policy to require such comprehensive public health study to be undertak-
en immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02880-01-3
              

S. 853                              2

  S 2. Public health study of the use of synthetic turf.  1.  The  state
department  of  health,  in  cooperation with the department of environ-
mental conservation, shall immediately undertake a review of all  avail-
able data relating to the potential health risks and effects of synthet-
ic  turf,  with particular attention to the crumb rubber content of such
synthetic turf, including the  installation,  maintenance,  removal  and
disposal  of synthetic turf, and including comparisons with other alter-
natives  including  natural  turf  with  modern   drainage   and   other
components.
  2. The commissioner of health, or his or her designee, shall:
  a. Solicit input from environmental and public health specialists, and
other stakeholders in an open, public process;
  b. Examine various routes of exposure and the health and environmental
impact  of  these  pathways  including,  but  not limited to, small fill
particle inhalation, volatility, leaching to groundwater, dermal absorp-
tion, and persistence in the environment  of  original  and  degradation
by-products;
  c. Prepare a report to the governor and the legislature which includes
research  and  studies conducted on synthetic turf which were the source
of the report findings and recommendations for appropriate and  inappro-
priate  use of synthetic turf, crumb rubber and waste tires. Such report
shall be filed within six months of the  effective  date  of  this  act,
unless  the  commissioner of health requests in writing, an extension of
time; and
  d. Conduct an outreach program to inform  local  governments,  private
organizations,  schools  and  the  public regarding the findings of such
report. If necessary, information on safe alternatives to synthetic turf
in settings where this material is a potential  or  actual  health  risk
should be disseminated to the public.
  3.  All  other  departments  or  agencies of the state or subdivisions
thereof, and local governments shall, at the request of the commissioner
of health, provide expertise, assistance, and data that will enable  the
commissioner to carry out his or her powers and duties.
  S  3.  This  act shall take effect immediately; (a) provided, however,
that this act shall continue in full force and  effect  for  six  months
from  such  effective date, or until the department of health reports to
the governor and the legislature as required by section two of this act,
whichever date is later, when upon such date the provisions of this  act
shall be deemed repealed; and
  (b) provided that the commissioner of health shall notify the legisla-
tive bill drafting commission upon filing the report required in section
two  of  this  act in order that the commission may maintain an accurate
and timely effective data base of the official text of the laws  of  the
state  of  New  York  in  furtherance  of effectuating the provisions of
section 44 of the legislative law and section 70-b of the  public  offi-
cers law.