Regulates the production of synthetic turf; defines terms; provides that no person may install or cause to install a synthetic turf product within the state that consists of synthetic turf product materials containing fifty or more parts of lead per each one million parts of any synthetic turf product material.
TITLE OF BILL: An act to amend the general business law, in relation to the regulation of synthetic turf products
PURPOSE OR GENERAL IDEA OF BILL:
The bill sets forth safety standards for synthetic turf products installed on public and private premises.
SUMMARY OF SPECIFIC PROVISIONS:
A section 390-d is added to the general business law that will contain two subdivisions.
Subdivision one defines synthetic field turf and what constitutes an acceptable verification of compliance with section 390-d.
Subdivision two prohibits the installation of field turf products with a lead concentration of 50 parts or more per million (ppm) by weight. It also authorizes the attorney general to seek injunctive relief to prevent the installation of synthetic turf products that have prohibited lead concentration levels. This subdivision provides owners of premises possessing synthetic turf to avoid prosecution by providing the attorney general with a certificate that verifies a synthetic turf product's compliance with the section's lead standards. Subdivision three also establishes fines for violations that are capped at $10,000, excepting that they may increase to $30,000 for willful violators.
Synthetic turf is used as an alternative to natural turf for recreation- al and landscaping purposes, The advantage of synthetic materials is that it can be engineered to meet tough performance standards for durability and safety. For instance, the cushioned nature of new generation synthetic turf products have been found to reduce potentially devastating sports injuries such as concussions. Moreover, synthetic turfs do not require mowing, fertilizing, or pest control, significantly reducing the maintenance costs to school districts, localities and others and reducing environmental impact. Additional environmental gains are that over 20,000 recycled tires are used in one sports field alone.
Even in light of the benefits of synthetic turfs, it is important to assure the public of the overall safety of such products. Exposure to high levels of lead in consumer products is a primary public health concern. This bill sets the standard for lead concentration in synthetic turf products at 50 ppm by weight, the maximum level that the Environmental Protection Agency has determined is found naturally in uncontaminated soil. This level is far lower than the EPA's standards for lead concentration in bare soil in play areas and for non-play areas, which are 400 ppm and 1200 ppm respectively. These EPA standards apply to cleanup projects using federal funds.
It is essential to the public safety and health to establish this synthetic turf safety standard and have it enforced by the Attorney General.
PRIOR LEGISLATIVE HISTORY:
2011-12 A7071 consumer affairs and protection
This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 5726 2013-2014 Regular Sessions IN SENATE June 10, 2013 ___________Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to the regulation of synthetic turf products THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general business law is amended by adding a new section 390-d to read as follows: S 390-D. REGULATION OF SYNTHETIC TURF PRODUCTS. 1. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN- INGS: (A) "SYNTHETIC TURF PRODUCT" SHALL MEAN A SURFACE OF TURF FIBERS COMPOSED OF SYNTHETIC MATERIALS MADE TO RESEMBLE GRASS OR SOME OTHER LIVE VEGETATION THAT IS USED IN PLACE OF GRASS TO SURFACE PARKS, OUTDOOR PLAYING OR ATHLETIC FIELDS, INDOOR ATHLETIC FACILITIES OR OTHER VENUES. (B) "CERTIFICATION OF COMPLIANCE WITH SYNTHETIC TURF PRODUCT LEAD STANDARDS" SHALL MEAN A DOCUMENT VERIFIED BY A MANUFACTURER OF A PARTIC- ULAR SYNTHETIC TURF PRODUCT WHICH SHALL INCLUDE THE LEAD CONTENT LEVEL IN PARTS PER MILLION WITH REFERENCE TO SUCH SYNTHETIC TURF PRODUCT. A CERTIFIED COPY OF SUCH DOCUMENT SHALL BE PROVIDED TO THE USER AND THE INSTALLER OF THE SYNTHETIC TURF PRODUCT, AND A COPY OF SAME RETAINED BY THE MANUFACTURER. A COPY OF SAID CERTIFICATE OF COMPLIANCE SHALL CONSTITUTE PROOF THAT THE USER AND THE INSTALLER IS IN COMPLIANCE WITH THIS SECTION. 2. ENFORCEMENT OF THIS SECTION. (A) WHENEVER THE ATTORNEY GENERAL SHALL BELIEVE FROM EVIDENCE SATISFACTORY TO HIM OR HER THAT ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OR AGENT OR EMPLOYEE THEREOF HAS VIOLATED ANY PROVISION OF THIS SECTION, HE OR SHE MAY BRING AN ACTION IN THE SUPREME COURT OF THE STATE OF NEW YORK FOR A JUDGMENT ENJOINING THE CONTINUANCE OF SUCH VIOLATION AND REQUIRING ANY NECESSARY REMEDIATION, AND FOR A CIVIL PENALTY OF NOT MORE THAN TEN THOUSAND DOLLARS FOR EACHEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06993-04-3 S. 5726 2
VIOLATION, EXCEPT THAT THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN THIRTY THOUSAND DOLLARS IF THE VIOLATION IS KNOWING AND WILLFUL. IF IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS VIOLATED ANY PROVISION OF THIS SECTION, NO PROOF SHALL BE REQUIRED THAT ANY PERSON HAS BEEN INJURED THEREBY NOR THAT THE DEFENDANT KNOWINGLY OR INTENTIONALLY VIOLATED SUCH PROVISION. IN SUCH ACTION PRELIMINARY RELIEF MAY BE GRANTED UNDER ARTICLE SIXTY-THREE OF THE CIVIL PRACTICE LAW AND RULES. BEFORE ANY VIOLATION OF THIS SECTION IS SOUGHT TO BE ENJOINED, THE ATTORNEY GENERAL SHALL BE REQUIRED TO GIVE THE PERSON AGAINST WHOM SUCH PROCEEDING IS CONTEMPLATED NOTICE BY CERTIFIED MAIL AND AN OPPORTUNITY TO PRODUCE A CERTIFICATION OF COMPLIANCE WITH SYNTHETIC TURF PRODUCT LEAD STANDARDS WITHIN FIVE BUSINESS DAYS AFTER RECEIPT OF NOTICE THAT WOULD ESTABLISH THAT PROCEEDINGS SHOULD NOT BE INSTITUTED AGAINST HIM OR HER UNLESS THE ATTORNEY GENERAL SHALL FIND, IN ANY CASE IN WHICH HE OR SHE SEEKS PRELIMINARY RELIEF, THAT TO GIVE SUCH NOTICE AND OPPORTUNITY IS NOT IN THE PUBLIC INTEREST. (B) NO MANUFACTURER OR SUPPLIER OF SYNTHETIC TURF PRODUCT SHALL SELL, CAUSE TO SELL, SUPPLY, INSTALL OR CAUSE TO INSTALL SUCH PRODUCTS WITHIN THE STATE CONTAINING FIFTY (50) OR MORE PARTS OF LEAD PER EACH ONE MILLION PARTS OF ANY SYNTHETIC TURF PRODUCT. (C) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO SYNTHETIC TURF PRODUCTS INSTALLED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION. S 2. This act shall take effect immediately.