A5798A-2011 Actions

• Mar 7, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
• Mar 7, 2012: delivered to senate
• Mar 7, 2012: passed assembly
• Jan 31, 2012: amended on third reading 5798a
• Jan 4, 2012: ordered to third reading cal.190
• Jan 4, 2012: RETURNED TO ASSEMBLY
• Jan 4, 2012: DIED IN SENATE
• May 2, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION
• May 2, 2011: delivered to senate
• May 2, 2011: passed assembly
• Mar 24, 2011: advanced to third reading cal.155
• Mar 22, 2011: reported
• Mar 15, 2011: reported referred to codes
• Mar 1, 2011: referred to environmental conservation

A5798A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 5798--A
 Cal. No. 190
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 March 1, 2011
 
 Introduced   by   M.   of   A.   SWEENEY,  CLARK,  BOYLAND,  WEISENBERG,
 PEOPLES-STOKES, HOOPER,  COLTON,  ROSENTHAL,  LIFTON,  PAULIN,  NOLAN,
 ZEBROWSKI,  P. RIVERA, GALEF -- Multi-Sponsored by -- M. of A. CASTEL
 LI, DINOWITZ, FARRELL, LATIMER, McENENY -- read once and  referred  to
 the  Committee  on  Environmental  Conservation -- 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:

 

Section  1. Legislative intent. The legislature finds and declares the
 following: Polybrominated diphenyl ethers (PBDEs) have been used  exten
 sively  as  flame  retardants  in  a  large  number  of common household
 products for the past thirty years. Studies on animals show  that  PBDEs
 can  impact  the developing brain, affecting behavior and learning after
 birth and into adulthood, making exposure  to  fetuses  and  children  a
 particular concern. Levels of PBDEs are increasing in people, and in the
 environment,  particularly  in  North  America.  Because  people  can be
 exposed to these chemicals through house dust  and  indoor  air,  it  is
 important  to phase out their use in common household products, provided
 that effective flame retardants that are safer and technically  feasible
 are available at a reasonable cost.
 

S  2.

Section 37-0101 of the environmental conservation law is amended
 by adding two new subdivisions 7 and 8 to read as follows:

 7. "COVERED ELECTRONIC DEVICES" MEAN COMPUTERS, COMPUTER  MONITORS  OR
 TELEVISIONS.
 8.  "DECABROMODIPHENYL ETHER" MEANS THE CHEMICAL MIXTURE PREDOMINATELY
 COMPRISED OF DECABROMODIPHENYL ETHER, AND INCLUDING ASSOCIATED  POLYBRO
 MINATED DIPHENYL ETHER IMPURITIES NOT INTENTIONALLY ADDED.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02917-06-2
 
       A. 5798--A                          2
 

S  3.  The  environmental  conservation law is amended by adding a new
 section 37-0112 to read as follows:

 

S 37-0112. RESTRICTION OF DECABROMODIPHENYL ETHER.
 1.  PROHIBITION.  A.  EXCEPT  AS  PROVIDED  IN SUBDIVISION TWO OF THIS
 SECTION, A PERSON MAY NOT DISTRIBUTE  ELECTRICAL  EQUIPMENT  OR  COVERED
 ELECTRONIC  DEVICES,  EXCEPT  THOSE USED IN TRANSPORTATION EQUIPMENT, IN
 COMMERCE IF THEY CONTAIN DECABROMODIPHENYL ETHER.
 B. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION, ON AND AFTER
 DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTEEN, A PERSON MAY NOT  DISTRIB
 UTE  ANY  PRODUCT,  EXCEPT  FOR  TRANSPORTATION  AND  MILITARY  USES, IN
 COMMERCE IF IT CONTAINS DECABROMODIPHENYL ETHER.
 C. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION, ON AND AFTER
 DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN, A PERSON MAY NOT  DISTRIB
 UTE ANY PRODUCT IN COMMERCE IF IT CONTAINS DECABROMODIPHENYL ETHER.
 D. ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTEEN, A PERSON
 MAY NOT MANUFACTURE DECABROMODIPHENYL ETHER.
 2.  EXEMPTION.  ANY  USED  PRODUCT  SOLD OR DISTRIBUTED BY A BUSINESS,
 CHARITY OR PRIVATE PARTY SHALL BE EXEMPT FROM THE PROVISIONS OF SUBDIVI
 SION ONE OF THIS SECTION.
 3. RETAILERS  IN  POSSESSION.  IN-STATE  RETAILERS  IN  POSSESSION  OF
 PRODUCTS  THAT ARE BANNED FOR SALE UNDER SUBDIVISION ONE OF THIS SECTION
 MAY EXHAUST THEIR STOCK THROUGH SALES TO THE PUBLIC.
 4. ONGOING REVIEW OF AVAILABILITY OF ALTERNATIVES TO DECABROMODIPHENYL
 ETHER.  BY JANUARY FIRST, TWO THOUSAND THIRTEEN, THE COMMISSIONER OF THE
 OFFICE OF GENERAL SERVICES SHALL GIVE PRIORITY  AND  PREFERENCE  TO  THE
 PURCHASE  OF EQUIPMENT, SUPPLIES, AND OTHER PRODUCTS THAT DO NOT CONTAIN
 DECABROMODIPHENYL ETHERS.
 5. PENALTIES. A MANUFACTURER WHO VIOLATES THIS SECTION IS SUBJECT TO A
 CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH VIOLATION  PER
 DAY IN THE CASE OF A FIRST OFFENSE. A MANUFACTURER IS SUBJECT TO A CIVIL
 PENALTY  NOT TO EXCEED FIVE THOUSAND DOLLARS FOR EACH REPEAT OFFENSE PER
 DAY.
 

S 4. This act shall take effect immediately and  shall  be  deemed  to
 have  been  in  full  force  and  effect  on or after December 31, 2011;
 provided that no penalty shall be imposed pursuant to section  three  of
 this act for conduct which occurred before such effective date.

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