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.