Restricts the use of decabromodiphenyl ether in certain products

Title of bill

An act to amend the environmental conversation law, in relation to restricting the use of certain ethers in certain products

Purpose or general idea of bill

To protect the environment and public health by prohibiting the manufacture, process or distribution of the brominated flame retardant decabrominated diphenyl ether (decaBDE).

Summary of specific provisions

Section one of the bill defines "covered electronic device" and "Decabromodiphenyl ether."

Section two of the bill adds a new section 37-0112 to prohibit, after July 2, 2010, the manufacture, process or distribution of the following products containing commercial decaBDE:

* covered electronic devices;

* upholstered furniture or textiles for indoor residential use;

* mattresses and mattress pads

Exemptions would be provided for the following products:

* transportation vehicles

* military or federally funded space program equipment

* used products sold or distributed by a business, charity or private party;

* medical devices.

Section two would also require the commissioner of the Department of Environmental Conservation (DEC) and the Commissioner of Health to review the availability of alternatives to decaBDE and make recommendations to the Legislature no later than January 1, 2012. In addition, the DEC Commissioner would be authorized to grant an exemption to the decaBDE prohibition upon a finding that there is no other technically feasible alternative or that the potential harm to public health and the environment posed by an alternative is greater than the potential harm posed by decaBDE.

Effects of present law which this bill would alter

This legislation adds subdivisions (7) and (8) to §37-0101 as well as a new §37-0112 to the Environmental Conservation Law.

Justification

Chapter 387 of 2004 prohibited the manufacture, process, or distribution of two forms of brominated flame retardants known as pentabrominated diphenyl ether (pentaBDE) and octabrominated diphenyl ether (octaBDE) due to their prevalence in the environment and research suggesting that they cause permanent neurological and developmental damage including deficits in learning, memory and hearing, changes in behavior, and delays in sensory-motor development. A third form of PBDE, decabrominated diphenyl ether (decaBDE), has been the most widely used of the three formulations, exceeding 60,000 metric tons worldwide with 40 percent of the use occurring here in North America, It has widespread persistence in the environment and our homes, accumulating in dust, food, and our bodies, as shown in samples of blood and breast milk. DecaBDE has been shown to pose the same public health dangers as its banned counterparts. DecaBDE also breaks down, either by natural environmental processes or when metabilized, into PBDE congeners that are predominantly found in the now prohibited pentaBDE and octaBDE.

Prior legislative history

A7977-A of 2008 (Sweeney) - Passed Assembly.

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect July 1, 2011.