S T A T E O F N E W Y O R K
________________________________________________________________________
9907
I N A S S E M B L Y
February 27, 2020
___________
Introduced by M. of A. ENGLEBRIGHT, MOSLEY -- read once and referred to
the Committee on Environmental Conservation
AN ACT to establish a moratorium on the installation of synthetic turf
pending a comprehensive environmental and public health study; to
amend the environmental conservation law, in relation to environmental
impact assessments of the use of synthetic turf; and providing for the
repeal of certain 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 environmental and 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 environmental and public health
study to be undertaken immediately; and, in the meantime, to temporarily
suspend the installation of synthetic turf products that contain crumb
rubber.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15426-01-0
A. 9907 2
§ 2. Moratorium on the installation of synthetic turf. 1. Defi-
nitions. For the purposes of this act, the following terms shall have
the following definitions:
a. "Crumb rubber" means ground rubber derived from waste tires, which
contain one or more of the following ingredients: arsenic, cadmium,
chromium, lead, vanadium, zinc, and acetone;
b. "Synthetic turf" means any materials or compositions that include
crumb rubber as a component used in place of grass to surface parks,
outdoor playing or athletic fields, indoor athletic facilities or other
venues.
2. Moratorium. A moratorium is hereby established on the installation
of synthetic turf for a period of 6 months from the effective date of
this act or until the department of environmental conservation reports
to the governor and the legislature on its findings and recommendations
as required in section three of this act.
§ 3. Study of the use of synthetic turf. 1. The department of environ-
mental conservation, in cooperation with the department of health, shall
immediately undertake a review of all available data relating to the
potential environmental and health risks and effects of synthetic turf,
with particular attention to the crumb rubber content of such synthetic
turf.
2. The commissioner of environmental conservation, 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 environmental conservation requests in writ-
ing, 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 environmental conservation, provide expertise, assistance, and data
that will enable such commissioner to carry out his or her powers and
duties.
§ 4. Section 8-0109 of the environmental conservation law is amended
by adding a new subdivision 10 to read as follows:
10. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, A
SITE-SPECIFIC ENVIRONMENTAL IMPACT STATEMENT SHALL BE PREPARED FOR ANY
ACTION THAT INCLUDES THE INSTALLATION OF SYNTHETIC TURF. FOR PURPOSES OF
THIS SUBDIVISION, "SYNTHETIC TURF" MEANS ANY MATERIALS OR COMPOSITIONS
THAT INCLUDE CRUMB RUBBER AS A COMPONENT USED IN PLACE OF GRASS TO
SURFACE PARKS, OUTDOOR PLAYING OR ATHLETIC FIELDS, INDOOR ATHLETIC
FACILITIES OR OTHER VENUES. SUCH IMPACT STATEMENT SHALL INCLUDE THE
A. 9907 3
POTENTIAL PUBLIC HEALTH RISKS FROM EXPOSURE TO SYNTHETIC TURF AND MAIN-
TENANCE PRODUCTS, INCLUDING INHALATION IMPACT, VOLATILITY IMPACTS, AND
IMPACT OF HAZARDOUS LEVELS OF CONSTITUENTS OF SYNTHETIC TURF. ENVIRON-
MENTAL IMPACTS SHALL BE ASSESSED, INCLUDING MIGRATION OF CHEMICALS FROM
THE SYNTHETIC TURF INTO AIR, WATER AND SOIL. SUCH STATEMENT SHALL MEET
THE REQUIREMENTS OF THE MOST DETAILED ENVIRONMENTAL IMPACT STATEMENT
REQUIRED BY THIS SECTION OR BY ANY SUCH RULE OR REGULATION PROMULGATED
PURSUANT TO THIS SECTION.
§ 5. Section 27-1901 of the environmental conservation law is amended
by adding a new subdivision 2-a to read as follows:
2-A. "CRUMB RUBBER" MEANS GROUND RUBBER DERIVED FROM WASTE TIRES,
WHICH CONTAIN ONE OR MORE OF THE FOLLOWING INGREDIENTS: ARSENIC, CADMI-
UM, CHROMIUM, LEAD, VANADIUM, ZINC, AND ACETONE.
§ 6. This act shall take effect immediately; (a) provided, however,
that sections two and three of this act shall continue in full force and
effect for six months from such effective date, or until the department
of environmental conservation reports to the governor and the legisla-
ture as required by section three of this act, whichever date is later,
when upon such date the provisions of sections two and three of this act
shall be deemed repealed; and
(b) provided that the commissioner of environmental conservation shall
notify the legislative bill drafting commission upon filing the report
required in section three 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 officers law.