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History
- Referred to environmental conservation
- Print number 3311b
- Amend and recommit to environmental conservation
- Print number 3311a
- Amend and recommit to environmental conservation
- Referred to environmental conservation
Full text
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Sponsor's memo
BILL NUMBER:S3311B
Title of bill
An act to amend the environmental conservation law, in relation to restricting the use of certain ethers in certain products
Purpose
To protect the environment and public health by prohibiting the manufacture, process or distribution of the brominated flame retardantdecabrominated diphenyl ether.
Summary of specific provisions
Section 37-0101 of the environmental conservation law is amended by adding two new subdivisions, 7 and 8, which define "decabrominateddiphenyl ether" and "covered electronic device."
The environmental conservation law is amended by adding a new Section 37-0112 with subdivision 1 setting forth the legislative intent. Subdivision 2 sets forth the prohibition that, after July 1, 2013 a person may not manufacture, process, or distribute certain products if they contain commercial decabrominateddiphenyl ether.
Subdivisions 3 and 6 contain exemptions to the dccahrominateddiphenyl ether prohibition. Subdivision 4 allows retailers in possession of products with c1ecabrominateddiphenyl ether on July 1, 2013 to exhaust their stock through sales to the public. Subdivision 5 provides for the ongoing review of the availability of alternatives to dccahrominateddiphenyl ether. Subdivision 7 allows the commissioner of the DEC to establish a "PBDE-Free" labeling program.
Subdivision 8 sets forth a fee scheme and subdivision 9 establishes penalties for violations of this section.
Justification
Chapter 387 of 2004 prohibited the manufacture, process, or distribution of two forms of brominated flame retardants known as pentahrominated 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 heating, 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% 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 shown to pose the same public health dangers as its banned counterparts. DecaBDE also breaks down, either by natural environmental processes or when metabolized, into PBDE congeners that are predominantly found in the now prohibited pentaBDE and octaBDE.
Prior legislative history
S.8215 of 2006 S.5244 of 2007-08 S.1119 of 2009-2010
Fiscal implications
None.
Effective date
This bill shall take effect July 1, 2013.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.