S T A T E   O F   N E W   Y O R K
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                                   856

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT, COLTON, SCHIMEL, MARKEY, GLICK,
  JAFFEE, ROSENTHAL, BARRON -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06088-01-5
              

A. 856                              2

study to be undertaken immediately; and, in the meantime, to temporarily
suspend  the  installation of synthetic turf products that contain crumb
rubber.
  S  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.
  S 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.
  S  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

A. 856                              3

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
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.
  S  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.
  S 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.