Bill Text: NY A07573 | 2009-2010 | General Assembly | Amended

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Bill Title: Restricts the use of decabromodiphenyl ether in certain products.

Spectrum: Partisan Bill (Democrat 18-0)

Status: (Engrossed - Dead) 2010-04-20 - REFERRED TO ENVIRONMENTAL CONSERVATION [A07573 Detail]

Download: New_York-2009-A07573-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7573--A
                                                               Cal. No. 501
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 16, 2009
                                      ___________
       Introduced  by  M.  of  A.  SWEENEY,  CLARK,  BOYLAND, KOON, WEISENBERG,
         PEOPLES-STOKES, HOOPER, COLTON, PERALTA,  ROSENTHAL,  LIFTON,  PAULIN,
         STIRPE,  NOLAN,  FIELDS  -- Multi-Sponsored by -- M. of A. DINOWITZ --
         read once and referred to the Committee on Environmental  Conservation
         --  reported  from committee, advanced to a third reading, amended and
         ordered reprinted, retaining its place on the order of third reading
       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         restricting the use of certain ethers in certain products
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative intent. The legislature finds and declares  the
    2  following:  Polybrominated diphenyl ethers (PBDEs) have been used exten-
    3  sively as flame  retardants  in  a  large  number  of  common  household
    4  products  for  the past thirty years. Studies on animals show that PBDEs
    5  can impact the developing brain, affecting behavior and  learning  after
    6  birth  and  into  adulthood,  making  exposure to fetuses and children a
    7  particular concern. Levels of PBDEs are increasing in people, and in the
    8  environment, particularly  in  North  America.  Because  people  can  be
    9  exposed  to  these  chemicals  through  house dust and indoor air, it is
   10  important to phase out their use in common household products,  provided
   11  that  effective flame retardants that are safer and technically feasible
   12  are available at a reasonable cost.
   13    S 2. Section 37-0101 of the environmental conservation law is  amended
   14  by adding two new subdivisions 7 and 8 to read as follows:
   15    7.  "COVERED  ELECTRONIC DEVICES" MEAN COMPUTERS, COMPUTER MONITORS OR
   16  TELEVISIONS.
   17    8. "DECABROMODIPHENYL ETHER" MEANS THE CHEMICAL MIXTURE  PREDOMINATELY
   18  COMPRISED  OF DECABROMODIPHENYL ETHER, AND INCLUDING ASSOCIATED POLYBRO-
   19  MINATED DIPHENYL ETHER IMPURITIES NOT INTENTIONALLY ADDED.
   20    S 3. The environmental conservation law is amended  by  adding  a  new
   21  section 37-0112 to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02206-04-0
       A. 7573--A                          2
    1  S 37-0112. RESTRICTION OF DECABROMODIPHENYL ETHER.
    2    1.  PROHIBITION.  A.  EXCEPT  AS  PROVIDED  IN SUBDIVISION TWO OF THIS
    3  SECTION, ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TEN, A  PERSON
    4  MAY  NOT  DISTRIBUTE ELECTRICAL EQUIPMENT OR COVERED ELECTRONIC DEVICES,
    5  EXCEPT THOSE USED IN  TRANSPORTATION  EQUIPMENT,  IN  COMMERCE  IF  THEY
    6  CONTAIN DECABROMODIPHENYL ETHER.
    7    B. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION, ON AND AFTER
    8  DECEMBER  THIRTY-FIRST, TWO THOUSAND TWELVE, A PERSON MAY NOT DISTRIBUTE
    9  ANY PRODUCT, EXCEPT FOR TRANSPORTATION AND MILITARY USES, IN COMMERCE IF
   10  IT CONTAINS DECABROMODIPHENYL ETHER.
   11    C. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION, ON AND AFTER
   12  DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTEEN, A PERSON MAY NOT  DISTRIB-
   13  UTE ANY PRODUCT IN COMMERCE IF IT CONTAINS DECABROMODIPHENYL ETHER.
   14    D.  ON  AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND TWELVE, A PERSON
   15  MAY NOT MANUFACTURE DECABROMODIPHENYL ETHER.
   16    2. EXEMPTION. ANY USED PRODUCT SOLD  OR  DISTRIBUTED  BY  A  BUSINESS,
   17  CHARITY OR PRIVATE PARTY SHALL BE EXEMPT FROM THE PROVISIONS OF SUBDIVI-
   18  SION ONE OF THIS SECTION.
   19    3.  RETAILERS  IN  POSSESSION.  IN-STATE  RETAILERS  IN  POSSESSION OF
   20  PRODUCTS THAT ARE BANNED FOR SALE UNDER SUBDIVISION ONE OF THIS  SECTION
   21  MAY EXHAUST THEIR STOCK THROUGH SALES TO THE PUBLIC.
   22    4. ONGOING REVIEW OF AVAILABILITY OF ALTERNATIVES TO DECABROMODIPHENYL
   23  ETHER.    BY JANUARY FIRST, TWO THOUSAND ELEVEN, THE COMMISSIONER OF THE
   24  OFFICE OF GENERAL SERVICES SHALL GIVE PRIORITY  AND  PREFERENCE  TO  THE
   25  PURCHASE  OF EQUIPMENT, SUPPLIES, AND OTHER PRODUCTS THAT DO NOT CONTAIN
   26  DECABROMODIPHENYL ETHERS.
   27    5. PENALTIES. A MANUFACTURER WHO VIOLATES THIS SECTION IS SUBJECT TO A
   28  CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH VIOLATION  PER
   29  DAY IN THE CASE OF A FIRST OFFENSE. A MANUFACTURER IS SUBJECT TO A CIVIL
   30  PENALTY  NOT TO EXCEED FIVE THOUSAND DOLLARS FOR EACH REPEAT OFFENSE PER
   31  DAY.
   32    S 4. This act shall take effect immediately.