NY State Senate Bill 2013-S5726

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to consumer protection
Jun 10, 2013	referred to consumer protection

2013-S5726 (ACTIVE) - Details

See Assembly Version of this Bill:: A5980
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §390-d, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A7071
2015-2016: A1424

2013-S5726 (ACTIVE) - Summary

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.

2013-S5726 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5726

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.

JUSTIFICATION:

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

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2013-S5726 (ACTIVE) - Bill Text download pdf

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

                                  5726

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              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 EACH

 EXPLANATION--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.

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Senate Bill S5726

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

2013-S5726 (ACTIVE) - Details

2013-S5726 (ACTIVE) - Summary

2013-S5726 (ACTIVE) - Sponsor Memo

2013-S5726 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5726

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Sponsored By

George D. Maziarz

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

2013-S5726 (ACTIVE) - Details

2013-S5726 (ACTIVE) - Summary

2013-S5726 (ACTIVE) - Sponsor Memo

2013-S5726 (ACTIVE) - Bill Text download pdf

Comments