STATE OF NEW YORK
________________________________________________________________________
2201
2013-2014 Regular Sessions
IN SENATE
January 14, 2013
___________
Introduced by Sen. ADAMS -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
restricting the use of certain ethers in certain products
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. The legislature finds and declares the
2 following: Polybrominated diphenyl ethers (PBDEs) have been used exten-
3 sively as flame retardants in a large number of common household
4 products for the past thirty years. Studies on animals show that PBDEs
5 can impact the developing brain, affecting behavior and learning after
6 birth and into adulthood, making exposure to fetuses and children a
7 particular concern. Levels of PBDEs are increasing in people, and in the
8 environment, particularly in North America. Because people can be
9 exposed to these chemicals through house dust and indoor air, it is
10 important to phase out their use in common household products, provided
11 that effective flame retardants that are safer and technically feasible
12 are available at a reasonable cost.
13 § 2. Section 37-0101 of the environmental conservation law is amended
14 by adding two new subdivisions 7 and 8 to read as follows:
15 7. "Covered electronic devices" mean computers, computer monitors or
16 televisions.
17 8. "Decabromodiphenyl ether" means the chemical mixture predominately
18 comprised of decabromodiphenyl ether, and including associated polybro-
19 minated diphenyl ether impurities not intentionally added.
20 § 3. The environmental conservation law is amended by adding a new
21 section 37-0112 to read as follows:
22 § 37-0112. Restriction of decabromodiphenyl ether.
23 1. Prohibition. a. Except as provided in subdivision two of this
24 section, on and after December thirty-first, two thousand thirteen, a
25 person may not distribute electrical equipment or covered electronic
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04886-02-3
S. 2201 2
1 devices, except those used in transportation equipment, in commerce if
2 they contain more than one tenth of one per centum decabromodiphenyl
3 ether by mass.
4 b. Except as provided in subdivision two of this section, on and after
5 December thirty-first, two thousand fifteen, a person may not distribute
6 any product, except for transportation and military uses, in commerce if
7 it contains more than one tenth of one per centum decabromodiphenyl
8 ether by mass.
9 c. Except as provided in subdivision two of this section, on and after
10 December thirty-first, two thousand sixteen, a person may not distribute
11 any product in commerce if it contains more than one tenth of one per
12 centum decabromodiphenyl ether by mass.
13 d. On and after December thirty-first, two thousand fifteen, a person
14 may not manufacture decabromodiphenyl ether.
15 2. Exemption. Any used product sold or distributed by a business,
16 charity or private party shall be exempt from the provisions of subdivi-
17 sion one of this section.
18 3. Retailers in possession. In-state retailers in possession of
19 products that are banned for sale under subdivision one of this section
20 may exhaust their stock through sales to the public.
21 4. Ongoing review of availability of alternatives to decabromodiphenyl
22 ether. By January first, two thousand fourteen, the commissioner of the
23 office of general services shall give priority and preference to the
24 purchase of equipment, supplies, and other products that do not contain
25 decabromodiphenyl ethers.
26 5. Penalties. A manufacturer who violates this section is subject to a
27 civil penalty not to exceed one thousand dollars for each violation per
28 day in the case of a first offense. A manufacturer is subject to a civil
29 penalty not to exceed five thousand dollars for each repeat offense per
30 day.
31 § 4. This act shall take effect immediately.
