S T A T E O F N E W Y O R K
________________________________________________________________________
8269
2023-2024 Regular Sessions
I N A S S E M B L Y
November 15, 2023
___________
Introduced by M. of A. BURKE -- read once and referred to the Committee
on Tourism, Parks, Arts and Sports Development
AN ACT to amend the parks, recreation and historic preservation law and
the general business law, in relation to prohibiting the sale and
installation of certain playground equipment and ground covering which
contains recycled tires or any equipment which was made in part or in
whole using recycled tires
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The parks, recreation and historic preservation law is
amended by adding a new section 13.33 to read as follows:
§ 13.33 PROHIBITION ON USE OF RECYCLED TIRES. THE OFFICE OR OTHER
STATE AGENCY HAVING JURISDICTION OF ANY STATE PARK, PARKWAY, RECREATION-
AL FACILITY OR HISTORIC SITE SHALL NOT PERMIT SUCH STATE PARK, PARKWAY,
RECREATIONAL FACILITY OR HISTORIC SITE TO CONTAIN ANY MATERIAL WHICH
CONTAINS RECYCLED TIRES OR ANY EQUIPMENT WHICH WAS MADE IN PART OR IN
WHOLE USING RECYCLED TIRES.
§ 2. Subdivision 2 of section 399-dd of the general business law, as
amended by section 38 of part A of chapter 62 of the laws of 2011, is
amended to read as follows:
2. The department of state, in consultation with the office of parks,
recreation and historic preservation, shall promulgate rules and regu-
lations for the design, installation, inspection and maintenance of
playgrounds and playground equipment. Those regulations shall substan-
tially comply with the guidelines and criteria which are contained in
the handbook for public playground safety produced by the United States
consumer products safety commission or any successor. The rules and
regulations shall include:
(A) special provisions for playgrounds appropriate for children within
the range of ages in day care settings.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13353-02-3
A. 8269 2
(B) A PROHIBITION ON THE SALE, INSTALLATION, AND USE OF ANY MATERIAL
WHICH CONTAINS RECYCLED TIRES OR WHICH WAS MADE IN PART OR IN WHOLE
USING RECYCLED TIRES.
§ 3. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.