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S00501 Summary:

Add Art 37 Title 9 §§37-0901 - 37-0913, En Con L
Relates to regulation of toxic chemicals in children's products.
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S00501 Actions:

03/28/2019PRINT NUMBER 501A
04/09/20191ST REPORT CAL.457
04/10/2019AMENDED 501B
04/10/20192ND REPORT CAL.
04/30/2019referred to ways and means
04/30/2019substituted for a6296a
04/30/2019ordered to third reading cal.207
04/30/2019passed assembly
04/30/2019returned to senate
02/07/2020SIGNED CHAP.756
02/07/2020APPROVAL MEMO.100
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S00501 Committee Votes:

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S00501 Floor Votes:

DATE:04/30/2019Assembly Vote  YEA/NAY: 119/25
AbinantiYCrouchNOGarbarinoNOLupardoYPheffer AmatoYSimotasY
BarnwellYDe La RosaYGriffinYMcDonoughYRaiaYSteckY
BenedettoYDickensYHevesiYMiller B NOReillyYTagueNO
BichotteERDilanYHunterYMiller MGYReyesYTaylorY
BlakeYDinowitzYHyndmanYMiller MLYRichardsonYThieleY
BronsonYEnglebrightYJohnsYNiouYRosenthal D YWalkerY
BuchwaldYEpsteinYJonesYNolanYRosenthal L YWallaceY
CookYGalefYLiftonYPeoples-StokesYSeawrightYMr. SpeakerY

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S00501 Text:

                STATE OF NEW YORK
            Cal. No. 457
                               2019-2020 Regular Sessions
                    IN SENATE
                                     January 9, 2019
          GER, SERRANO -- read twice and ordered printed, and when printed to be
          committed to the Committee on Environmental Conservation --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee -- reported favorably from said committee, ordered
          to first report, amended on first report, ordered to a  second  report
          and  ordered  reprinted,  retaining  its  place in the order of second
        AN ACT to amend the environmental conservation law, in relation to regu-
          lation of toxic chemicals in children's products
          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
     5  Section 37-0901. Definitions.
     6          37-0903. Consumer notice.
     7          37-0905. Reporting on the use of chemicals.
     8          37-0907. Sales prohibition.
     9          37-0909. Applicability.
    10          37-0911. Enforcement and implementation.
    11          37-0913. Regulations.
    12  § 37-0901. Definitions.
    13    As  used  in  this  title, unless the context otherwise indicates, the
    14  following terms have the following meanings.
    15    1. "Children's apparel" means any item of clothing  that  consists  of
    16  fabric  or  related  material intended or promoted for use in children's
    17  clothing. Children's apparel does not mean protective equipment designed
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 501--B                           2
     1  to prevent injury, including,  but  not  limited  to,  bicycle  helmets,
     2  athletic supporters, knee pads or elbow pads.
     3    2.  "Chemical" means a substance with a distinct molecular composition
     4  or a group of structurally related substances and includes the breakdown
     5  products of the substance or substances that form through decomposition,
     6  degradation or metabolism.
     7    3. "Chemicals of concern" means:
     8    (a) 1,1,2,2-Tetrachloroethane (CAS 79-34-5)
     9    (a-1) 1,2-Dibromoethane (CAS 106-93-4)
    10    (a-2) 1,1,3,3-Tetramethyl-4-butylphenol; 4-tert-octylphenol (CAS  140-
    11  66-9)
    12    (a-3) (1,1,3,3 - Tetramethylbutyl) Phenol; Octylphenol (CAS
    13  27193-28-8)
    14    (a-4) 1,3-Butadiene (CAS 106-99-0)
    15    (b) 1,4-Dioxane (CAS 123-91-1)
    16    (c)  2,2',3,3',4,4',5,5',6,6'-Decabromodiphenyl  ether;  BDE-209  (CAS
    17  1163-19-5)
    18    (d) 2,4-Diaminotoluene (CAS 95-80-7)
    19    (d-1) 2,4-Dihydroxybenzophenone; resbenzophenone (CAS 131-56-6)
    20    (e) 2-Aminotoluene (CAS 95-53-4)
    21    (f) 2-Ethylhexanoic acid (CAS 149-57-5)
    22    (f-1)  2-Ethyl-hexyl-2,  3,  4,  5   tetrabromobenzoate   (TBB)   (CAS
    23  183658-27-7)
    24    (g) 2-Ethyl-hexyl-4-methoxycinnamate (CAS 5466-77-3)
    25    (g-1) 2-Napthylamine (CAS 91-59-8)
    26    (h) 2-Methoxyethanol (CAS 109-86-4)
    27    (i)     3,3'-Dimethylbenzidine     and     dyes     metabolized     to
    28  3,3'-Dimethylbenzidine (CAS 119-93-7)
    29    (i-1) 4-Hydroxybiphenol (CAS 92-69-3)
    30    (j)  4-Nonylphenol;  4-NP  and  its  isomer  mixtures  including   CAS
    31  84852-15-3 and CAS 25154-52-3 (CAS 104-40-5)
    32    (j-1) 4,4-methylenebis(2-chloroaniline) (CAS 101-14-4)
    33    (k)    4-Tert-octylphenol;    1,1,3,3-Tetramethyl-4-butylphenol   (CAS
    34  140-66-9)
    35    (l) Acetaldehyde (CAS 75-07-0)
    36    (m) Acrylonitrile (CAS 107-13-1)
    37    (n) Aniline (CAS 62-53-3)
    38    (o) Antimony & antimony compounds (CAS 7440-36-0)
    39    (p) Arsenic & arsenic  compounds  (CAS  7440-38-2)  including  arsenic
    40  trioxide & dimethyl arsenic (CAS 75-60-5)
    41    (q) Asbestos (CAS 1332-21-4)
    42    (r) Benzene (CAS 71-43-2)
    43    (s) Benzene, pentachloro (CAS 608-93-5)
    44    (s-1) Benzidine and its salts (CAS 92-87-5)
    45    (t)  Benzophenone-2  (BP-2);  2,2',4,4'-tetrahydroxybenzophenone  (CAS
    46  131-55-5)
    47    (t-1) Bis(2-ethylhexyl) tetrabromophtalate (TBPH) (CAS 26040-51-7)
    48    (t-2)    Bis(chloromethyl)    propane-1-3-diyltetrakis-(2-chloroethyl)
    49  bis(phosphate)(V6)(CAS 38051-10-4)
    50    (u) Bisphenol A (CAS 80-05-7)
    51    (u-1) Bisphenol F (CAS 620-92-8)
    52    (u-2) Bisphenol S (CAS 80-09-1)
    53    (v) Butyl benzyl phthalate (BBP) (CAS 85-68-7)
    54    (w) Butyl paraben (CAS 94-28-6)
    55    (x) Butylated Hydroxyanisole; (BHA) (CAS 25013-16-5)
    56    (y) C.I. solvent yellow 14 (CAS 842-07-9)

        S. 501--B                           3
     1    (z) Cadmium & cadmium compounds (CAS 7440-43-9)
     2    (aa) Carbon disulfide (CAS 75-15-0)
     3    (aa-1) Chlorinated paraffins (CAS 108171-26-2)
     4    (bb) Cobalt & cobalt compounds (CAS 7440-48-4)
     5    (bb-1) Decabromodiphenyl ethane (DBPE) (CAS 84852-53-9)
     6    (bb-2) Decabromodiphenyl ether (CAS 163-19-5)
     7    (cc) Di-2-ethylhexyl phthalate (CAS 117-81-7)
     8    (cc-1) Di-(2-methoxyethyl) phthalate (DMEP) (CAS 117-82-8)
     9    (dd) Dibutyl phthalate (CAS 84-74-2)
    10    (dd-1) Dicyclohexyl phthalate (DCHP) (CAS 84-61-7)
    11    (ee) Diethyl phthalate (CAS 84-66-2)
    12    (ee-1) Diisobutyl phthalate (DIBP) (CAS 84-69-5)
    13    (ff) Diisodecyl phthalate (DIDP) (CAS 26761-40-0)
    14    (gg) Diisononyl phthalate (DINP) (CAS 28553-12-0)
    15    (hh) Di-n-hexyl phthalate (CAS 84-75-3)
    16    (ii) Di-n-octyl phthalate (DNOP) (CAS 117-84-0)
    17    (ii-1) Dipentyl phthalate (DPP) (CAS 131-18-0)
    18    (ii-2) Epichlorohydrin (CAS 106-98-9)
    19    (jj) Estragole (CAS 140-67-0)
    20    (kk) Ethyl paraben (CAS 120-47-8)
    21    (ll) Ethylbenzene (CAS 100-41-4)
    22    (mm) Ethylene glycol (CAS 107-21-1)
    23    (nn) Ethylene glycol monoethyl ester (CAS 110-80-5)
    24    (nn-1) Ethyl hexyl d-phenol phosphate (EHDPP) (CAS 1241-94-7)
    25    (oo) Formaldehyde (CAS 50-0-0)
    26    (pp) Hexabromocyclododecane (HBCD) (CAS 25637-99-4)
    27    (qq) Hexachlorobenzene (CAS 118-74-1)
    28    (rr) Hexachlorobutadiene (CAS 87-68-3)
    29    (rr-1) Isopropylated triphenyl phosphate (IPTPP) (CAS 68437-41-7)
    30    (ss) Lead & lead compounds (CAS 7439-92-1)
    31    (tt)  Mercury  &  mercury  compounds  (CAS 7439-97-6) including methyl
    32  mercury (CAS 22967-92-6)
    33    (uu) Methyl ethyl ketone (CAS 78-93-3)
    34    (vv) Methyl paraben (CAS 99-76-3)
    35    (ww) Methylene chloride (CAS 75-09-2)
    36    (ww-1) Methyl tert-butyl ether (MTBE) (CAS 1634-04-4)
    37    (xx) Molybdenum & molybdenum compounds (CAS 7439-98-7)
    38    (xx-1) Mono-n-butylphthalate (CAS 131-70-4)
    39    (yy) N-methylpyrrolidone (CAS 872-50-4)
    40    (yy-1) Nickel and nickel compounds (CAS N/A)
    41    (zz) N-nitrosodimethylamine (CAS 62-75-9)
    42    (aaa) N-nitrosodiphenylamine (CAS 86-30-6)
    43    (bbb) Nonylphenol (CAS 25154-52-3)
    44    (ccc) Para-chloroaniline (CAS 106-47-3)
    45    (ddd) Perchloroethylene (CAS 127-18-4)
    46    (ddd-1)  Perflurooctanoic  acid  (PFOA  &  related  substances)   (CAS
    47  335-67-1)
    48    (eee)  Perfluorooctanyl sulphonic acid and its salts (PFOS) (CAS 1763-
    49  23-1)
    50    (fff) Phenol (CAS 108-95-2)
    51    (ggg) Phenol, 4-octyl- (CAS 1806-26-4)
    52    (hhh) P-hydroxybenzoic acid (CAS 99-96-7)
    53    (iii) Propyl paraben (CAS 94-13-3)
    54    (iii-1) Short chain chlorinated paraffins (SCCP) (CAS 85535-84-8)
    55    (jjj) Silica, crystalline (in the form of quartz or cristabolite dust)
    56  (CAS 14808-60-7)

        S. 501--B                           4
     1    (kkk) Styrene (CAS 100-42-5)
     2    (lll) Tetrabromobisphenol A (CAS 79-94-7)
     3    (lll-1) Tetrachloroethene (CAS 127-18-4)
     4    (mmm) Toluene (CAS 108-88-3)
     5    (mmm-1) Tricresyl phosphate (TCP) (CAS 1330-78-5)
     6    (mmm-2) Tri-n-butyl phosphate (TNBP) (CAS 126-73-8)
     7    (mmm-3) Triphenyl phosphate (TPP) (CAS 115-86-6)
     8    (nnn) Tris(1,3-dichloro-2-propyl) phosphate (CAS 13674-87-3)
     9    (nnn-1) Tris(1-chloro-2-propyl) phosphate (TCPP) (CAS 13674-84-5)
    10    (ooo) Tris(2-chloroethyl) phosphate (CAS 115-96-8)
    11    (ooo-1) Tris(2,3-dibromopropylphosphate) (CAS 126-72-7)
    12    (ppp) Vinyl chloride (CAS 75-01-4)
    13    4. "Children" means a person or persons aged twelve and under.
    14    5.  "Children's  product" means a product primarily intended for, made
    15  for or marketed for use by children, such as baby  products,  toys,  car
    16  seats,  school  supplies,  personal care products, a product designed or
    17  intended by the manufacturer to help a child with sucking  or  teething,
    18  to  facilitate  sleep,  relaxation, or the feeding of a child, and chil-
    19  dren's novelty products, children's jewelry, children's bedding,  furni-
    20  ture,  furnishings,  and apparel.  "Children's product" does not include
    21  (a) batteries; or (b) consumer electronic  products  including  but  not
    22  limited  to  personal computers, audio and video equipment, calculators,
    23  wireless phones, game consoles, and  handheld  devices  incorporating  a
    24  video  screen,  used to access interactive software and their associated
    25  peripherals; or (c) a food or beverage or  an  additive  to  a  food  or
    26  beverage  regulated  by  the United States Food and Drug Administration.
    27  "Children's product" also does not include a drug, biologic  or  medical
    28  device regulated by the United States Food and Drug Administration.
    29    6.  "Distributor"  means  a  person  who  sells children's products to
    30  retail establishments on a wholesale basis.
    31    7. "Manufacturer" means any person who currently manufactures a  chil-
    32  dren's product or whose brand name is affixed to the children's product.
    33  In  the  case  of a children's product that was imported into the United
    34  States, "manufacturer" includes the importer or first domestic distribu-
    35  tor of the children's product if the person who  currently  manufactures
    36  or  assembles  the  children's product or whose brand name is affixed to
    37  the children's product does not have a presence in the United States.
    38    8. "Practical quantification limit" means the lowest level that can be
    39  reliably achieved within specified  limits  of  precision  and  accuracy
    40  during routine laboratory operating conditions.
    41    9. "Dangerous chemical" means (a) the following chemicals:
    42    CASRN13674-87-8   Tris (1, 3 dichloro-2-propyl) phosphate
    43    CASRN71-43-2      Benzene
    44    CASRN7439-92-1    lead and compounds (inorganic)
    45    CASRN7439-97-6    Mercury and mercury compounds, including methyl
    46                      mercury (CASRN 22967-92-6)
    47    CASRN50-00-0      Formaldehyde
    48    CASRN1332-21-4    Asbestos
    49    CASRN7440-38-2    Arsenic and arsenic compounds including arsenic
    50                      trioxide (CASRN 1327-53-3)
    51                      and dimethyl arsenic (CASRN 75-60-5)
    52    CASRN7440-43-9    Cadmium
    53    CASRN Assorted    Organohalogen flame retardants
    54    (b)  a  chemical adopted by the department pursuant to section 37-0903
    55  of this title.

        S. 501--B                           5
     1    10. "Toy" means a product designed or intended by the manufacturer  to
     2  be used by children at play.
     3  § 37-0903. Consumer notice.
     4    1.  Publishing  of lists. Within one hundred eighty days of the effec-
     5  tive date of this title, the department shall post  lists  of  dangerous
     6  chemicals and chemicals of concern on the department's website.
     7    2.  Periodic  review.  (a)  The  department,  in consultation with the
     8  department of health, shall periodically review the  list  of  dangerous
     9  chemicals and, may through regulation, add or remove dangerous chemicals
    10  or chemicals of concern from such lists.
    11    (b) The department, in consultation with the department of health, may
    12  identify  a chemical as a dangerous chemical if, upon such review, it is
    13  present in a children's product and meets any of the following criteria:
    14    (i) The chemical or its metabolites have been found  through  biomoni-
    15  toring to be present in humans;
    16    (ii)  The  chemical has been found through sampling and analysis to be
    17  present in household dust, indoor air, drinking water  or  elsewhere  in
    18  the home environment;
    19    (iii)  The chemical has been found through monitoring to be present in
    20  fish, wildlife or the natural environment; or
    21    (iv) The sale or use of the chemical or a children's product  contain-
    22  ing  the  chemical has been banned in another state or states within the
    23  United States because of the health effects of such chemical.
    24    (c) The department, in consultation with the department of health, may
    25  remove a chemical from the list of dangerous chemicals if, upon  review,
    26  it  determines  on  the  basis of credible scientific evidence that such
    27  chemical no longer meets the criteria for listing under paragraph (b) of
    28  this subdivision.
    29    (d) The department, in consultation  with  the  department  of  health
    30  shall  identify  a chemical as a chemical of concern if, upon review, it
    31  determines that the chemical has been identified by a state, federal  or
    32  international  governmental  entity  on the basis of credible scientific
    33  evidence as:
    34    (i) A carcinogen, reproductive or developmental  toxicant,  neurotoxi-
    35  cant, asthmagen, or endocrine disruptor;
    36    (ii) Persistent, bioaccumulative and toxic; or
    37    (iii) Very persistent and very bioaccumulative.
    38  § 37-0905. Reporting on the use of chemicals.
    39    1.  Reporting  of  chemical  use.  No later than twelve months after a
    40  dangerous chemical appears on the list  published  pursuant  to  section
    41  37-0903  of this title, every manufacturer who offers a children's prod-
    42  uct for sale or distribution in this state  that  contains  a  dangerous
    43  chemical  or chemical of concern shall report such chemical use at prac-
    44  tical quantification limits to the department.
    45    (a) This report must at a minimum identify the children's product, the
    46  dangerous chemical or chemicals of concern contained in  the  children's
    47  product  and the intended purpose of such chemicals.  The department may
    48  also require reporting of the following information:
    49    (i) the amount of such chemical in the children's product; or
    50    (ii) information on the likelihood that the chemical will be  released
    51  from the children's product to the environment during the product's life
    52  cycle  and  the  extent  to  which users of the product are likely to be
    53  exposed to the chemical.
    54    (b) The department is authorized to direct submission of  such  report
    55  to the interstate chemicals clearinghouse.

        S. 501--B                           6
     1    2.  Waiver  of  reporting.  Upon  application  by  a manufacturer, the
     2  commissioner may waive all or part of the reporting  requirements  under
     3  subdivision  one  of  this  section  for one or more specified uses of a
     4  dangerous chemical. In making such determination, the  commissioner  may
     5  consider: (a) if substantially equivalent information is already public-
     6  ly  available  or that the information is not needed for the purposes of
     7  this chapter, (b) similar waivers  granted  by  other  states,  and  (c)
     8  whether the specified use or uses are minor in volume.
     9    3.  Notice.  (a)  A  manufacturer of a children's product containing a
    10  dangerous chemical shall notify persons that offer the children's  prod-
    11  uct  for  sale or distribution in the state, in a form prescribed by the
    12  department, of the presence of such dangerous chemical, and provide such
    13  persons with information regarding the toxicity of such chemical.
    14    (b) The department shall notify consumers  about  children's  products
    15  containing  chemicals  of concern and dangerous chemicals. The notifica-
    16  tion shall be published on the department's website.
    17    4. Fees. The manufacturer shall pay a fee upon submission of a  report
    18  of  chemical use pursuant to subdivision one of this section or a waiver
    19  request pursuant to subdivision two of this section to cover the depart-
    20  ment's reasonable costs in the administration and  enforcement  of  this
    21  title.  Exclusive  of  fines and penalties, the state shall only recover
    22  its actual cost of administration and enforcement.
    23  § 37-0907. Sales prohibition.
    24    1. Effective January first, two thousand twenty-three, no person shall
    25  distribute, sell or offer for sale in this state  a  children's  product
    26  containing  tris (1, 3 dichloro-2-propyl) phosphate, benzene, formaldeh-
    27  yde (other than in textiles), asbestos, and organohalogen  flame  retar-
    28  dents.    This  provision  shall  not apply: (a) to a children's product
    29  solely based on its containing an enclosed battery or enclosed electron-
    30  ic components and (b) where state regulation of children's  products  is
    31  preempted  by  federal  law.    The commissioner may exempt a children's
    32  product from this prohibition if, in the  commissioner's  judgment,  the
    33  lack  of  availability of the children's product could pose an unreason-
    34  able risk to public health, safety or welfare.
    35    2. Effective three years after being added to the dangerous  chemicals
    36  list,  no person shall distribute, sell, or offer for sale in this state
    37  a children's product that contains a chemical  added  to  the  dangerous
    38  chemicals list pursuant to section 37-0903 of this title. This provision
    39  shall  not  apply:  (a)  to  a  children's  product  solely based on its
    40  containing an enclosed battery or enclosed electronic components and (b)
    41  where state regulation of children's products is  preempted  by  federal
    42  law.   The commissioner may exempt a children's product from this prohi-
    43  bition if, in the commissioner's judgment, the lack of  availability  of
    44  the children's product could pose an unreasonable risk to public health,
    45  safety or welfare.
    46  § 37-0909. Applicability.
    47    1.  New  children's products. The provisions of this title shall apply
    48  to chemicals in children's products sold or distributed as new and  does
    49  not  apply  to used children's products that are sold or distributed for
    50  free at secondhand stores, yard sales, on the  internet  or  donated  to
    51  charities.
    52    2. Industry. The requirements of this title shall not apply to priori-
    53  ty  chemicals used in or for industry or manufacturing, including chemi-
    54  cals processed or otherwise used in or for industrial  or  manufacturing
    55  processes and not included in the final product.

        S. 501--B                           7
     1    3.  Transportation.  The requirements of this title shall not apply to
     2  motor vehicles or their component parts, watercraft or  their  component
     3  parts,  all  terrain  vehicles  or their component parts, or off-highway
     4  motorcycles or their component parts, except that the use  of  dangerous
     5  chemicals in detachable car seats is not exempt.
     6    4.  Combustion.  The  requirements  of  this  title shall not apply to
     7  dangerous chemicals generated solely as combustion by-products  or  that
     8  are present in combustible fuels.
     9    5. Exceptions. The requirements of this title shall not apply to chil-
    10  dren's  product  makers that employ five persons or fewer, and are inde-
    11  pendently owned and operated.
    12    6. Retailers. A retailer is exempt from the requirements of this title
    13  unless that retailer knowingly sells a children's product  containing  a
    14  dangerous chemical after the effective date of its prohibition for which
    15  that retailer has received notification pursuant to subdivision three of
    16  section 37-0905 of this title.
    17  § 37-0911. Enforcement and implementation.
    18    1.  Failure  to  provide  notice.  A  children's  product containing a
    19  dangerous chemical may not be sold, offered for sale or distributed  for
    20  sale in this state unless the manufacturer has provided the notification
    21  required  under  section  37-0905  of this title by the date required in
    22  such section. The commissioner may exempt a children's product from this
    23  prohibition if, in the commissioner's judgment, the lack of availability
    24  of the children's product could pose  an  unreasonable  risk  to  public
    25  health, safety or welfare.
    26    2.  Statement  of  compliance.  If there are grounds to suspect that a
    27  children's product is being offered for sale in violation of this title,
    28  the department may request the manufacturer of the children's product to
    29  provide a statement of compliance on a form provided by the  department,
    30  within  ten days of receipt of a request from the department. The state-
    31  ment of compliance shall:
    32    (a) attest that the children's product does not contain the  dangerous
    33  chemical; or
    34    (b)  attest and provide the department with documentation that notifi-
    35  cation of the presence of the dangerous chemical has  been  provided  to
    36  the  department or provide notice as required by section 37-0905 of this
    37  title; or
    38    (c) attest that the manufacturer has notified  persons  who  sell  the
    39  product in this state that the sale of the children's product is prohib-
    40  ited.
    41  § 37-0913. Regulations.
    42    The  department may adopt any rules and regulations it deems necessary
    43  to implement the provisions of this title.
    44    § 2. Severability. If any clause, sentence, paragraph, section or part
    45  of this act shall be adjudged by any court of competent jurisdiction  to
    46  be  invalid  and  after  exhaustion  of all further judicial review, the
    47  judgment shall not affect, impair or invalidate the  remainder  thereof,
    48  but  shall  be  confined in its operation to the clause, sentence, para-
    49  graph, section or part of this act directly involved in the  controversy
    50  in which the judgment shall have been rendered.
    51    §  3. This act shall take effect March 1, 2020. Effective immediately,
    52  the department of environmental conservation is authorized to  implement
    53  rules  and  regulations for the timely implementation of this act on its
    54  effective date.
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