S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4028
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 25, 2019
                                ___________
 
 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.
   § 2. Public health study of the use of synthetic turf. 1. The  depart-
 ment  of  health,  in  cooperation  with the department of environmental
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08606-01-9

 S. 4028                             2
 
 conservation, shall immediately undertake a review of all available data
 relating to the potential health risks and effects  of  synthetic  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  alternatives
 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.
   § 3. This act shall take effect immediately:
   (a)  provided,  however,  that  this  act shall, six months after such
 effective date, or when the department of health reports to the governor
 and the legislature as required by section two of  this  act,  whichever
 date is later, expire and 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.