STATE OF NEW YORK
________________________________________________________________________
4028
2019-2020 Regular Sessions
IN SENATE
February 25, 2019
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to direct the department of health to conduct a comprehensive
public health study; and providing for the repeal of such provisions
upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings. The legislature finds that increas-
2 ingly, synthetic turf is being installed in many locations in New York
3 state, including parks, athletic fields and other settings where natural
4 grass was previously grown. In recent years, crumb rubber fill is being
5 used as a component of synthetic turf and mulch. Crumb rubber is the
6 result of processing waste tires, which contain numerous components,
7 some of which are known to be hazardous to people and the environment.
8 The hazardous components include arsenic, cadmium, chromium, lead, vana-
9 dium, zinc and acetone. Health effects associated with these components,
10 at dangerous levels, include birth defects, cancer, nervous system
11 damage and immune system suppression. While various options for waste
12 tire use are essential to reducing the significant stockpiles of waste
13 tires, such uses should not threaten or compromise public health.
14 The legislature finds that more information is necessary to make an
15 informed decision on the appropriate uses of synthetic turf containing
16 crumb rubber. In the interest of preventing adverse health impacts and
17 contamination to natural resources, the legislature finds that a compre-
18 hensive public health study on the potential threats associated with the
19 use of synthetic turf is warranted.
20 Therefore, the legislature finds that it is consistent with public
21 policy to require such comprehensive public health study to be undertak-
22 en immediately.
23 § 2. Public health study of the use of synthetic turf. 1. The depart-
24 ment of health, in cooperation with the department of environmental
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08606-01-9
S. 4028 2
1 conservation, shall immediately undertake a review of all available data
2 relating to the potential health risks and effects of synthetic turf,
3 with particular attention to the crumb rubber content of such synthetic
4 turf, including the installation, maintenance, removal and disposal of
5 synthetic turf, and including comparisons with other alternatives
6 including natural turf with modern drainage and other components.
7 2. The commissioner of health, or his or her designee, shall:
8 a. Solicit input from environmental and public health specialists, and
9 other stakeholders in an open, public process;
10 b. Examine various routes of exposure and the health and environmental
11 impact of these pathways including, but not limited to, small fill
12 particle inhalation, volatility, leaching to groundwater, dermal absorp-
13 tion, and persistence in the environment of original and degradation
14 by-products;
15 c. Prepare a report to the governor and the legislature which includes
16 research and studies conducted on synthetic turf which were the source
17 of the report findings and recommendations for appropriate and inappro-
18 priate use of synthetic turf, crumb rubber and waste tires. Such report
19 shall be filed within six months of the effective date of this act,
20 unless the commissioner of health requests in writing, an extension of
21 time; and
22 d. Conduct an outreach program to inform local governments, private
23 organizations, schools and the public regarding the findings of such
24 report. If necessary, information on safe alternatives to synthetic turf
25 in settings where this material is a potential or actual health risk
26 should be disseminated to the public.
27 3. All other departments or agencies of the state or subdivisions
28 thereof, and local governments shall, at the request of the commissioner
29 of health, provide expertise, assistance and data that will enable the
30 commissioner to carry out his or her powers and duties.
31 § 3. This act shall take effect immediately:
32 (a) provided, however, that this act shall, six months after such
33 effective date, or when the department of health reports to the governor
34 and the legislature as required by section two of this act, whichever
35 date is later, expire and be deemed repealed; and
36 (b) provided that the commissioner of health shall notify the legisla-
37 tive bill drafting commission upon filing the report required in section
38 two of this act in order that the commission may maintain an accurate
39 and timely effective data base of the official text of the laws of the
40 state of New York in furtherance of effectuating the provisions of
41 section 44 of the legislative law and section 70-b of the public offi-
42 cers law.