Restricts the use of decabromodiphenyl ether in covered electronic devices, upholstered furniture or textiles intended for indoor use, mattresses and mattress pads; provides exemptions.
STATE OF NEW YORK
________________________________________________________________________
3311--B
2011-2012 Regular Sessions
IN SENATE
February 16, 2011
___________
Introduced by Sen. GRISANTI -- 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 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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. Section 37-0101 of the environmental conservation law is
2 amended by adding two new subdivisions 7 and 8 to read as follows:
3 7. "Covered electronic device" means a desktop or personal computer,
4 computer monitor, portable computer, cathode ray tube based television
5 or a television that is not cathode ray tube based.
6 8. "Decabromodiphenyl ether" means the chemical mixture predominately
7 comprised of decabromodiphenyl ether, and including associated polybro-
8 minated diphenyl ether impurities not intentionally added.
9 § 2. The environmental conservation law is amended by adding a new
10 section 37-0112 to read as follows:
11 § 37-0112. Restriction of decabromodiphenyl ether in electronics and
12 textiles.
13 1. Legislative intent. The legislature finds and declares all of the
14 following: Polybrominated diphenyl ethers (PBDEs) have been used exten-
15 sively as flame retardants in a large number of common household
16 products for the past thirty years. Studies on animals show that PBDEs
17 can impact the developing brain, affecting behavior and learning after
18 birth and into adulthood, making exposure to fetuses and children a
19 particular concern. Levels of PBDEs are increasing in people, and in the
20 environment, particularly in North America. Because people can be
21 exposed to these chemicals through house dust and indoor air as well as
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07807-03-1
S. 3311--B 2
1 through food, it is important to phase out their use in common household
2 products, provided that effective flame retardants that are safer and
3 technically feasible are available at a reasonable cost.
4 2. Prohibition. Except as provided in subdivision three of this
5 section, on and after July first, two thousand thirteen, a person may
6 not manufacture, process, or distribute in commerce any of the following
7 products if they contain more than one-tenth of one percentum of commer-
8 cial decabromodiphenyl ether of mass:
9 a. covered electronic devices;
10 b. upholstered furniture or textiles intended for indoor use in a home
11 or other residential occupancy; or
12 c. mattresses and mattress pads.
13 3. Exemption. The following products containing polybrominated diphe-
14 nyl ethers are exempt from the provisions of subdivision two of this
15 section:
16 a. any used transportation vehicle with component parts containing
17 polybrominated diphenyl ethers;
18 b. any used transportation vehicle parts or new transportation vehicle
19 parts manufactured before January first, two thousand twelve;
20 c. equipment used primarily for military or federally funded space
21 program applications. This exemption does not cover consumer-based goods
22 with broad applicability;
23 d. any used product sold or distributed by a business, charity, or
24 private party; and
25 e. medical devices.
26 4. Retailers in possession. In-state retailers in possession of
27 products on July first, two thousand thirteen, that are banned for sale
28 under subdivision two of this section may exhaust their stock through
29 sales to the public. Nothing in this section shall restrict the ability
30 of a manufacturer, importer, or distributor from transporting products
31 containing polybrominated diphenyl ethers throughout the state, or stor-
32 ing such products in the state for later distribution outside the state.
33 5. Ongoing review of availability of alternatives to decabromodiphenyl
34 ether. At least every two years, the commissioner and the commissioner
35 of health shall review uses of commercial decabromodiphenyl ether,
36 availability of technically feasible alternatives, and any new evidence
37 regarding the potential harm to public health and the environment posed
38 by commercial decabromodiphenyl ether. Such commissioners shall make
39 recommendations to the legislature on additional bans and restrictions
40 to reduce and phase out the manufacture, sale, or distribution of
41 noncombustible products containing commercial decabromodiphenyl ether.
42 The commissioners shall report their findings and recommendations to the
43 appropriate committees of the legislature no later than January first,
44 two thousand fourteen, and every two years after such date.
45 a. The commissioner is authorized to participate in a regional or
46 national multistate clearinghouse to assist in carrying out the require-
47 ments of this section. The clearinghouse is authorized to maintain
48 information on behalf of New York, including, but not limited to:
49 (1) a list of all products containing polybrominated diphenyl ethers;
50 and
51 (2) information on all exemptions granted by the state.
52 b. By July first, two thousand thirteen, the commissioner of the
53 office of general services shall give priority and preference to the
54 purchase of equipment, supplies, and other products that do not contain
55 decabromodiphenyl ethers.
S. 3311--B 3
1 6. Additional exemptions. In addition to the specific exemptions under
2 subdivision three of this section, a manufacturer or user of a product
3 prohibited from manufacture, sale, or distribution under such subdivi-
4 sion may apply for an exemption for a specific use of commercial deca-
5 bromodiphenyl ether by filing a written petition with the commissioner.
6 The commissioner may grant an exemption for a term not to exceed two
7 years. The exemption shall be renewable upon written application if the
8 specific use of commercial decabromodiphenyl ether continues to meet the
9 criteria of this section and the manufacturer or other persons comply
10 with the conditions of its original approval. The commissioner may grant
11 an exemption for a specific use of commercial decabromodiphenyl ether,
12 with or without conditions, upon finding that the applicant has demon-
13 strated:
14 a. a technically feasible alternative is not available at reasonable
15 cost; or
16 b. the potential harm to public health and the environment directly
17 posed by a technically feasible and available alternative is greater
18 than the potential harm posed by commercial decabromodiphenyl ether.
19 7. Labeling and positive recognition. The commissioner may establish a
20 "PBDE-Free" product labeling program for products that do not contain
21 polybrominated diphenyl ethers. The commissioner may establish partner-
22 ships with manufacturers of polybrominated diphenyl ethers to enhance
23 the market for products that do not contain polybrominated diphenyl
24 ethers and reduce the use of polybrominated diphenyl ethers in products.
25 The commissioner may develop an awards program to recognize the accom-
26 plishments of manufacturers who exceed the requirements of this section
27 and who excel at reducing or eliminating decabromodiphenyl ether in
28 products and the environment.
29 8. Fees for exemption applicants. The commissioner shall establish an
30 application fee for an exemption under this section. Fees shall be used
31 to implement and enforce the provisions of this section.
32 9. Penalties. A manufacturer who violates this section is subject to a
33 civil penalty not to exceed one thousand dollars for each violation in
34 the case of a first offense. A manufacturer is subject to a civil penal-
35 ty not to exceed five thousand dollars for each repeat offense. Penal-
36 ties collected under this section shall be used by the commissioner to
37 implement and enforce this section.
38 § 3. This act shall take effect July 1, 2013.
