STATE OF NEW YORK
________________________________________________________________________
S. 5314 A. 5904
2021-2022 Regular Sessions
SENATE - ASSEMBLY
March 2, 2021
___________
IN SENATE -- Introduced by Sen. PALUMBO -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Environmental
Conservation
IN ASSEMBLY -- Introduced by M. of A. THIELE, OTIS, McDONOUGH -- read
once and referred to the Committee on Environmental Conservation
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 10 to read as follows:
3 TITLE X
4 PENTACHLOROPHENOL
5 Section 37-1001. Definition.
6 37-1003. Prohibition.
7 37-1005. Applicability.
8 § 37-1001. 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 § 37-1003. 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,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05699-01-1
S. 5314 2 A. 5904
1 or maintenance of any new or existing transmission utility poles or
2 facilities owned or used, in whole or in part, by such electric company,
3 authority, telephone corporation, utility company or cable television
4 company after the effective date of this title.
5 § 37-1005. Applicability.
6 The provisions of this title shall only apply within counties with a
7 population of one million or more which draw their primary source of
8 drinking water for a majority of county residents from a designated sole
9 source aquifer.
10 § 2. This act shall take effect on the first of January next succeed-
11 ing the date on which it shall have become a law.
