S T A T E O F N E W Y O R K
________________________________________________________________________
11019
I N A S S E M B L Y
May 10, 2010
___________
Introduced by M. of A. MAISEL, SPANO, ENGLEBRIGHT, COLTON -- read once
and referred to the Committee on Environmental Conservation
AN ACT to direct the commissioner of environmental conservation to exam-
ine, evaluate and make recommendations on the potential harm and
contamination caused by the disposal of smoke detectors
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The legislature hereby finds that there are two types of
smoke detectors, those being ionization detectors and photoelectric
detectors. Ionization detectors contain a source of ionizing radiation
which is a minute quantity (approximately one-five thousandths of a
gram) of americium-241, an alpha particle emitter with a half-life of
432.7 years. Americium is a man-made metal produced when plutonium atoms
absorb neutrons in nuclear reactors. The largest use of americium-241 is
as a component in household and industrial smoke detectors.
When americium-241 enters the human body, it tends to concentrate in
the bones, liver and muscles, and can remain in the body for decades
continuing to expose the surrounding tissues to radiation. Americium-241
poses a significant risk if ingested, exposing tissue to both alpha and
gamma radiation, thereby increasing the risk of developing cancer.
The Nuclear Regulatory Commission regulates the radioactive materials
in smoke detectors. Because the amount of americium-241 in these devices
is so small, the Nuclear Regulatory Commission's regulations exempt
those individuals who purchase smoke detectors from the licensing
requirements for radioactive materials, including those relating to the
disposal of such materials. The public can dispose of single, household
smoke detectors as ordinary trash.
The legislature finds that of particular concern is the concentration
of smoke detectors that might be disposed of as solid waste in landfills
over the lifetime of such landfills.
S 2. The commissioner of environmental conservation, in cooperation
with the department of health, shall examine and evaluate all available
data and studies relating to the dangers posed by the disposal of smoke
detectors, and shall provide independent analysis and report upon the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17178-02-0
A. 11019 2
potential harm and contamination posed by the disposal of millions of
smoke detectors in this state. Such analysis and report shall take into
account the quantity of smoke detectors that have entered and will
continue to enter the solid waste stream, the concentration of smoke
detectors in specific landfill locations, and the potential exposure of
landfill and sanitation workers, firefighters, workers who manufacture
smoke detectors, as well as the general public to americium-241.
S 3. The commissioner of environmental conservation shall, within one
year of the effective date of this act, report his or her findings and
make recommendations to the governor and the legislature. Such report
shall specifically make recommendations relating to the continued sale
of ionization smoke detectors and the regulation of the disposal of
ionization smoke detectors as hazardous waste.
S 4. This act shall take effect immediately.