NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2013A REVISED 6/12/15
SPONSOR: Thiele TITLE OF BILL: An act to amend the environmental conservation law, in
relation to prohibiting the use of pentachlorophenol with regard to new
or existing transmission utility poles or facilities
PURPOSE: This legislation prohibits the future use of utility poles
treated with Pentachlorophenol (PCP)in counties with a population of one
million or more which draw their primary source of drinking water for
the majority of residents from a designated sole source aquifer.
SUMMARY OF PROVISIONS: Article 37 of the Environmental Conservation
Law is amended by adding a new Title 9 relating to Pentachlorophenol.
JUSTIFICATION: According to the United States Environmental Protection
Agency (EPA), "Pentachlorophenol (PCP) was once one of the most widely
used biocides in the United States, but it is now a restricted use
pesticide and is no longer available to the general public. Pentachlo-
rophenol is extremely toxic to humans from acute (short-term) ingestion
and inhalation exposure. Acute inhalation exposures in humans have
resulted in neurological, blood, and liver effects, and eye irritation.
Chronic (long-term) exposure to pentachlorophenol by inhalation in
humans has resulted in effects on the respiratory tract, blood, kidney,
liver, immune system, eyes, nose, and skin. Human studies suggest an
association between exposure to Pentachlorophenol and cancer. Oral
animal studies have reported increases in liver tumors and two uncommon
tumor types. EPA has classified Pentachlorophenol as a Group B2, proba-
ble human carcinogen".
The federal government has made it clear that PCP is a dangerous chemi-
cal and has outlawed its use by the general public. It is to be used
only for industrial purposes away from the general population. Yet,
this chemical has been used to treat utility poles for transmission
lines that are only a few feet from residential dwellings, exposing
children and families to this dangerous substance. Further, at a time
when much focus has been placed on the degradation of our water, wood
treated with this substance should not be permitted to leach into the
groundwater.
The use of PCP is a public health and safety matter.This type of coating
to preserve utility poles needs to be discontinued for public health
reasons as soon as possible. This legislation would prohibit the future
installation of utility poles treated with PCP.
LEGISLATIVE HISTORY: 2015: New Legislation
FISCAL IMPLICATIONS: None to the State.
EFFECTIVE DATE: This act shall take effect on the first of January
next succeeding the date on which it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
2013--A
2015-2016 Regular Sessions
IN ASSEMBLY
January 15, 2015
___________
Introduced by M. of A. THIELE -- read once and referred to the Committee
on Environmental Conservation -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the environmental conservation law, in relation to
prohibiting the use of pentachlorophenol with regard to new or exist-
ing transmission utility poles or facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 37 of the environmental conservation law is amended
2 by adding a new title 9 to read as follows:
3 TITLE IX
4 PENTACHLOROPHENOL
5 Section 37-0901. Definition.
6 37-0903. Prohibition.
7 37-0905. Applicability.
8 § 37-0901. Definition.
9 As used in this title:
10 "Pentachlorophenol", CAS registry number 87-86-5 otherwise known as
11 PCP, means a manufactured organic chemical that is used primarily as an
12 industrial wood preservative.
13 § 37-0903. Prohibition.
14 No electric corporation, as defined by subdivision thirteen of section
15 two of the public service law; authority, as defined in subdivision
16 three of section one thousand twenty-b of the public authorities law;
17 telephone corporation, utility company, or cable television company, as
18 defined by subdivisions seventeen and twenty-three of section two and
19 subdivision one of section two hundred twelve of the public service law,
20 respectively; shall apply pentachlorophenol (PCP) to the operation, use,
21 or maintenance of any new or existing transmission utility poles or
22 facilities owned or used, in whole or in part, by such electric company,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02414-02-5
A. 2013--A 2
1 authority, telephone corporation, utility company or cable television
2 company after the effective date of this title.
3 § 37-0905. Applicability.
4 The provisions of this title shall only apply within counties with a
5 population of one million or more which draw their primary source of
6 drinking water for a majority of county residents from a designated sole
7 source aquifer.
8 § 2. This act shall take effect on the first of January next succeed-
9 ing the date on which it shall have become a law.
