Bill S2201-2013

Restricts the use of decabromodiphenyl ether in certain products

Restricts the use of decabromodiphenyl ether in certain products.

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  • Jan 14, 2013: REFERRED TO ENVIRONMENTAL CONSERVATION

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BILL NUMBER:S2201

TITLE OF BILL: An act to amend the environmental conservation law, in relation to restricting the use of certain ethers in certain products

PURPOSE OR GENERAL IDEA OF BILL: To protect the environment and public health by prohibiting the manufacture, process or distribution of the brominated flame retardant decabrominated diphenyl ether (decaBDE).

SUMMARY OF SPECIFIC PROVISIONS: Section two of the bill defines "covered electronic device" and "Decabromodiphenyl ether."

Section three of the bill adds a new section 37-0112 to establish a timeline for the prohibition of the manufacture, process or distribution of products containing commercial decaBDE and to permit retailers to sell through their supply of products.

Section four contains the effective date.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: This legislation adds subdivisions (7) and (8) to §37-0101 as well as a new §37-0112 to the Environmental Conservation Law.

JUSTIFICATION: Chapter 387 of 2004 prohibited the manufacture, process, or distribution of two forms of brominated flame retardants known as pentabrominated diphenyl ether (pentaBDE) and octabrominated diphenyl ether (octaBDE) due to their prevalence in the environment and research suggesting that they cause permanent neurological and developmental damage including deficits in learning, memory and hearing, changes in behavior, and delays in sensory-motor development. A third form of PBDE, decabrominated diphenyl ether (decaBDE), has been the most widely used of the three formulations, exceeding 60,000 metric tons worldwide with 40 percent of the use occurring here in North America. It has widespread persistence in the environment and our homes, accumulating in dust, food, and our bodies, as shown in samples of blood and breast milk. DecaBDE has been shown to pose the same public health dangers as its banned counterparts. DecaBDE also breaks down, either by natural environmental processes or when metabilized, into PBDE congeners that are predominantly found in the now prohibited pentaBDE and octaBDE.

In December 2009, the Environmental Protection Agency (EPA) entered into agreements with DecaBDE manufacturers to phase out the production, importation and sales for most uses by December 31, 2012 and for most uses by 2013. This legislation would codify that agreement.

PRIOR LEGISLATIVE HISTORY: 2007-08: A.7977-B (Sweeney) - Passed Assembly 2009-10: S.8181 - Referred to Rules

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 2201 2013-2014 Regular Sessions IN SENATE January 14, 2013 ___________
Introduced by Sen. ADAMS -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation 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. 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, ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTEEN, A PERSON MAY NOT DISTRIBUTE ELECTRICAL EQUIPMENT OR COVERED ELECTRONIC
DEVICES, EXCEPT THOSE USED IN TRANSPORTATION EQUIPMENT, IN COMMERCE IF THEY CONTAIN MORE THAN ONE TENTH OF ONE PER CENTUM DECABROMODIPHENYL ETHER BY MASS. B. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION, ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, A PERSON MAY NOT DISTRIBUTE ANY PRODUCT, EXCEPT FOR TRANSPORTATION AND MILITARY USES, IN COMMERCE IF IT CONTAINS MORE THAN ONE TENTH OF ONE PER CENTUM DECABROMODIPHENYL ETHER BY MASS. C. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION, ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND SIXTEEN, A PERSON MAY NOT DISTRIBUTE ANY PRODUCT IN COMMERCE IF IT CONTAINS MORE THAN ONE TENTH OF ONE PER CENTUM DECABROMODIPHENYL ETHER BY MASS. D. ON AND AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, 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 FOURTEEN, 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.

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