What's happening
This bill prohibits the use of pentachlorophenol on utility poles or facilities in large counties reliant on sole source aquifers for drinking water.
Why it matters
Targets a chemical linked to health and environmental risks. Pentachlorophenol (PCP) is a wood preservative associated with toxicity to humans and wildlife, and its use on utility infrastructure could lead to soil and water contamination.
Focuses on regions with vulnerable water supplies. By limiting the ban to large counties that rely on sole source aquifers, the bill aims to protect populations whose drinking water cannot be easily replaced if contaminated.
Affects multiple utility sectors. The prohibition applies not just to electric utilities, but also to telephone, cable, and other utility companies, meaning a wide range of infrastructure maintenance practices would need to change, possibly increasing costs or requiring alternative materials.
Addresses both new and existing infrastructure. The ban covers maintenance and continued use of PCP on already-installed poles and facilities, not just new installations, pushing utilities toward phasing out existing treated structures in sensitive areas.
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Who cares
Headline styles
Ban Toxic Utility Pole Chemical
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to environmental conservation
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Toxic Pole Chemical
In Assembly Committee · Environmental Conservation · Sponsor Fred Thiele
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 3488 A. 5048
2019-2020 Regular Sessions
SENATE - ASSEMBLY
February 7, 2019
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation
IN ASSEMBLY -- Introduced by M. of A. THIELE, OTIS -- read once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to prohibiting the use of pentachlorophenol with regard to new or existing transmission utility poles or facilities
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Article 37 of the environmental conservation law is amended by adding a new title 9 to read as follows:
TITLE IX
PENTACHLOROPHENOL Section 37-0901. Definition.
37-0903. Prohibition.
37-0905. Applicability. § 37-0901. Definition.
As used in this title:
"Pentachlorophenol", CAS registry number 87-86-5 otherwise known as PCP, means a manufactured organic chemical that is used primarily as an industrial wood preservative. § 37-0903. Prohibition.
No electric corporation, as defined by subdivision thirteen of section two of the public service law; authority, as defined in subdivision three of section one thousand twenty-b of the public authorities law; telephone corporation, utility company, or cable television company, as defined by subdivisions seventeen and twenty-three of section two and subdivision one of section two hundred twelve of the public service law, respectively; shall apply pentachlorophenol (PCP) to the operation, use,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03185-01-9
S. 3488 2 A. 5048
or maintenance of any new or existing transmission utility poles or facilities owned or used, in whole or in part, by such electric company, authority, telephone corporation, utility company or cable television company after the effective date of this title. § 37-0905. Applicability.
The provisions of this title shall only apply within counties with a population of one million or more which draw their primary source of drinking water for a majority of county residents from a designated sole source aquifer.
§ 2. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to prohibiting the use of pentachlorophenol with regard to new or existing transmission utility poles or facilities
Purpose
This legislation prohibits the future use of utility poles treated with Pentachlorophenol (PCP) and call for the posting of warnings to inform people about the dangers of contact with PCP on existing poles in coun- ties with a population of one million or more which draw their primary source of drinking water for the majority of residents from a designated sole source aquifer.
Summary of provisions
Article 37 of the environmental Conservation Law is amended by adding a new title 9 relating to Pentachlorophenol.
Justification
According to the United States Environmental Protection Agency (EPA), "Pentachlorophenol was once one of the most widely used biocides in the United States but it is now a restricted use pesticide and is not longer available to the general public. Pentachlorophenol is extremely toxic to humans from acute (short-term) ingestion and inhalation exposure. Acute inhalation exposures in humans have resulted in neurological, blood and liver effects and eye irritation. Chronic (Long-term) exposure to pentachlorophenol by inhalation in humans has resulted in effects on the respiratory tract, blood, kidney, liver, immune system eyes, nose and skin. Human studies suggest an association between exposure to penta- chlorophenol and cancer. Oral animal studies have reported increases in liver tumors and two uncommon tumor types. EPA has classified penta- chlorophenol as a Group B2, probable human carcinogen".
The federal government has made it clear that PCP is a dangerous chemi- cal and has outlawed its use by the general public. It is to be used only for industrial purposes away from the general population. Yet, this chemical has been used to treat utility poles for transmission lines that are only a few feet from residential dwellings, exposing children and families to this dangerous substance. Further, at a time when much focus has been placed on the degradation of our water, wood treated with this substance should not be permitted to leach into the groundwater.
The use of PCP is a public health and safety matter. This type of coat- ing to preserve utility poles needs to be discontinued for public health reasons as soon as possible. This legislation would prohibit the future installation of utility poles treated with PCP. It also would make the public aware of its presence on existing poles so that citizens can take measures to protect themselves, their children, their pets and their water supply from the potential dangers posed by this chemical.
Legislative history
2017-18 S.3001/A.2333; 2015-16 S.1879A/A.2013A
Fiscal implications
None to the State.
Effective date
This act shall take effect on the first of January next succeeding the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.