A03141 Summary:

BILL NO    A03141A

SAME AS    SAME AS S01526-B

SPONSOR    Sweeney (MS)

COSPNSR    Weisenberg, Boyland, Millman, Jaffee, Dinowitz, Titone, Gibson,
           Barron, Castro, Titus, Rosenthal, Englebright, Schimel, Kellner,
           Zebrowski, Colton, O'Donnell, Ortiz, Lifton, Kavanagh, Hooper, Rivera
           P, Scarborough, Cymbrowitz, Roberts, Gottfried, Abinanti,
           Peoples-Stokes, Paulin

MLTSPNSR   Cahill, Castelli, Cook, Crespo, Gabryszak, Galef, Glick, Hevesi,
           Jacobs, Latimer, Lupardo, Magee, Markey, McEneny, Miller M, Perry,
           Reilly, Thiele

Add Art 37 Title 9 SS37-0901 - 37-0917, En Con L

Relates to regulation of toxic chemicals in children's products; establishes
the interstate chemical clearinghouse.
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A03141 Actions:

BILL NO    A03141A

01/24/2011 referred to environmental conservation
05/10/2011 reported referred to codes
01/04/2012 referred to environmental conservation
03/06/2012 reported referred to codes
03/21/2012 amend and recommit to codes
03/21/2012 print number 3141a
03/27/2012 reported referred to ways and means
04/18/2012 reported 
04/19/2012 advanced to third reading cal.450
04/25/2012 passed assembly
04/25/2012 delivered to senate
04/25/2012 REFERRED TO ENVIRONMENTAL CONSERVATION
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A03141 Votes:

A03141A04/25/2012 104/39
AbbateYCanestrYFriendNOJordanNOMcDonouNOQuartYSimotasY
AbinantYCastellYGabryszYKatzNOMcEnenyYRaYSkartadY
AmedoreNOCastroYGalefYKavanagYMcKevitYRabbittNOSmardzNO
ArroyoYCerettoNOGanttYKearnsYMcLaughNORaiaYStevensER
AubryERClarkYGibsonYKellnerYMengERRamosYSweeneyY
BarclayNOColtonYGiglioNOKolbNOMill D NOReilichNOTediscoNO
BarrettYConteNOGlickYLancmanERMill JMNOReillyYTenneyNO
BarronYCookYGoldfedYLatimerYMill MGYRive J YThieleY
BenedetYCorwinNOGoodellYLavineYMillmanYRive N YTitoneY
BlankenNOCrespoYGottfriYLentolYMontesaNORive PMYTitusY
BoylandYCrouchNOGrafNOLiftonYMorelleYRobertsYTobaccoY
BoyleYCurranYGuntherYLinaresYMoyaYRobinsoERWalterNO
BraunstYCusickYHannaNOLope PDNOMurrayNORodriguYWeinsteY
BrennanYCymbrowYHawleyNOLope VJYNolanYRosenthYWeisenbER
BrindisYDenDekkYHeastieYLosquadNOOaksNORussellYWeprinY
BronsonYDinowitYHevesiYLupardoYO'DonneYRyanYWrightY
Brook KYDupreyNOHikindYMageeYOrtizYSaladinYZebrowsY
BurlingYEnglebrYHooperYMagnareYPalmesaNOSaywardNOMr SpkrY
ButlerNOEspinalYJacobsYMaiselYPaulinYScarborY
CahillYFarrellYJaffeeYMalliotYPeoplesYSchimelY
CalhounNOFinchNOJeffrieERMarkeyYPerryYSchimmiNO
CamaraYFitzpatNOJohnsNOMayerYPretlowYSimanowY

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A03141 Memo:

BILL NUMBER:A3141A

TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to regulation of toxic chemicals in children's products

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to provide
greater regulation of children's products,

SUMMARY OF SPECIFIC PROVISIONS:  This bill would:
* children's apparel;
* define chemical;
* define chemical of high concern; * define children;
* define children's product;
* define distributor;
* define manufacturer;
* define novelty product;
* define priority chemical;
* define toy;

*  requires  the Department of Environmental Conservation to establish a
website within one hundred and eighty days of the effective date of this
title, that is accessible to the public which  lists  all  chemicals  of
high concern and all priority chemicals;

*  allows  the Department of Environmental Conservation, in consultation
with the Department of Health to periodically review the list of  chemi-
cals of high concern and identify or remove priority chemicals or chemi-
cals of high concern or based on credible scientific evidence;

*permit designation of a priority chemical if:

o found to be present in humans;
o found to be present in household dust, indoor air, or drinking water;
o found to be present in fish, wildlife or the natural environment;
o found to be present in a consumer product or present in the home,
school or children's day care center;
o banned for sale in another state

*  require  every manufacturer that offers a children's product for sale
in this state that contains an intentionally added priority chemical, to
report to the department, in a form prescribed by  the  department,  the
following information:

o the identification of the product,
o the name of the priority chemical,
o the intended purpose of the chemicals

*  authorize  DEC  to waive all or part of the reporting requirement for
one or more specified uses of a priority chemical;

* require a manufacturer or distributor of a children's product contain-
ing a priority chemical to notify  persons  that  offer  the  children's

product  for  sale or distribution in the state, of the presence of such
priority chemical, and provide such persons with  information  regarding
the toxicity of such chemical;

*  require  the manufacturer or distributor to pay a fee upon submitting
the report of chemical use or  waiver  request  in  the  amount  of  six
hundred dollars per chemical;

*  prohibit the sale, effective January 1, 2016, of a children's product
containing a priority chemical;

* specify that the provisions of  this  act  shall  apply  only  to  new
products;

o exempt the following uses:
o in or for manufacturing;
o motor vehicles, watercrafts, combustion by-products, all terrain
vehicles or their component parts, or off-highway motorcycles or
their components;
o priority chemicals generated solely as combustion by-products or that
are present in combustible fuels;
o retailers who do not knowingly sell a prohibited children's product;

*  prohibit  the  sale  or  distribution  of a children's product if the
manufacturer or distributor has failed to provide the required  informa-
tion; and,

*  authorize DEC to participate in an interstate chemical clearing house
to assist in carrying out this title

JUSTIFICATION:  Currently, New York identifies or prohibits the  use  of
dangerous  chemicals  on  a chemical by chemical basis. This approach is
especially problematic for children's products since children are  often
more  vulnerable  to smaller amounts of chemicals. Several other states,
including Washington, California, and Maine have adopted more comprehen-
sive chemical policies, This. legislation is modeled after those  states
and is intended to prevent the use of dangerous chemicals and ensure the
use of safer chemical alternatives in children's products.

PRIOR LEGISLATIVE HISTORY: A.10089B of 2010 - Ways and Means

FISCAL  IMPLICATIONS  FOR  STATE AND LOCAL GOVERNMENTS:   Minimal impli-
cations to the state since the state already funds the Interstate Chemi-
cal Clearinghouse.

EFFECTIVE DATE: This act shall take effect on the 120th day.
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