S T A T E   O F   N E W   Y O R K
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                                  2439

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 21, 2011
                               ___________

Introduced  by  Sen.  ALESI  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to direct the department of health  to  conduct  a  comprehensive
  public  health  study; and providing for the repeal of such provisions
  upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative findings. The legislature finds that increas-
ingly, synthetic turf is being installed in many locations in  New  York
state, including parks, athletic fields and other settings where natural
grass  was previously grown. In recent years, crumb rubber fill is being
used as a component of synthetic turf and mulch.  Crumb  rubber  is  the
result  of  processing  waste  tires, which contain numerous components,
some of which are known to be hazardous to people and  the  environment.
The hazardous components include arsenic, cadmium, chromium, lead, vana-
dium, zinc and acetone. Health effects associated with these components,
at  dangerous  levels,  include  birth  defects,  cancer, nervous system
damage and immune system suppression. While various  options  for  waste
tire  use  are essential to reducing the significant stockpiles of waste
tires, such uses should not threaten or compromise public health.
  The legislature finds that more information is necessary  to  make  an
informed  decision  on the appropriate uses of synthetic turf containing
crumb rubber. In the interest of preventing adverse health  impacts  and
contamination to natural resources, the legislature finds that a compre-
hensive public health study on the potential threats associated with the
use of synthetic turf is warranted.
  Therefore,  the  legislature  finds  that it is consistent with public
policy to require such comprehensive public health study to be undertak-
en immediately.
  S 2. Public health study of the use of synthetic turf.  1.  The  state
department  of  health,  in  cooperation with the department of environ-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08248-01-1
              

S. 2439                             2

mental conservation, shall immediately undertake a review of all  avail-
able data relating to the potential health risks and effects of synthet-
ic  turf,  with particular attention to the crumb rubber content of such
synthetic  turf,  including  the  installation, maintenance, removal and
disposal of synthetic turf, and including comparisons with other  alter-
natives   including   natural   turf  with  modern  drainage  and  other
components.
  2. The commissioner of health, or his or her designee, shall:
  a. Solicit input from environmental and public health specialists, and
other stakeholders in an open, public process;
  b. Examine various routes of exposure and the health and environmental
impact of these pathways including,  but  not  limited  to,  small  fill
particle inhalation, volatility, leaching to groundwater, dermal absorp-
tion,  and  persistence  in  the environment of original and degradation
by-products;
  c. Prepare a report to the governor and the legislature which includes
research and studies conducted on synthetic turf which were  the  source
of  the report findings and recommendations for appropriate and inappro-
priate use of synthetic turf, crumb rubber and waste tires. Such  report
shall  be  filed  within  six  months of the effective date of this act,
unless the commissioner of health requests in writing, an  extension  of
time; and
  d.  Conduct  an  outreach program to inform local governments, private
organizations, schools and the public regarding  the  findings  of  such
report. If necessary, information on safe alternatives to synthetic turf
in  settings  where  this  material is a potential or actual health risk
should be disseminated to the public.
  3. All other departments or agencies  of  the  state  or  subdivisions
thereof, and local governments shall, at the request of the commissioner
of  health, provide expertise, assistance, and data that will enable the
commissioner to carry out his or her powers and duties.
  S 3. This act shall take effect immediately;  (a)  provided,  however,
that  this  act  shall  continue in full force and effect for six months
from such effective date, or until the department of health  reports  to
the governor and the legislature as required by section two of this act,
whichever  date is later, when upon such date the provisions of this act
shall be deemed repealed; and
  (b) provided that the commissioner of health shall notify the legisla-
tive bill drafting commission upon filing the report required in section
two of this act in order that the commission may  maintain  an  accurate
and  timely  effective data base of the official text of the laws of the
state of New York in  furtherance  of  effectuating  the  provisions  of
section  44  of the legislative law and section 70-b of the public offi-
cers law.