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.