S T A T E   O F   N E W   Y O R K
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                                  1424

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Consumer Affairs and 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.
                                                           LBD05223-01-5
              

A. 1424                             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.