S T A T E   O F   N E W   Y O R K
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                                  3513

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 5, 2013
                               ___________

Introduced  by  Sen. O'BRIEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation to regu-
  lation of bisphenol A in business transaction paper

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

  Section  1.  The environmental conservation law is amended by adding a
new section 37-0508 to read as follows:
S 37-0508. REGULATION OF BISPHENOL A IN BUSINESS TRANSACTION PAPER.
  1. BISPHENOL A PROHIBITION IN BUSINESS TRANSACTION PAPER.  NO  PERSON,
FIRM,  PARTNERSHIP,  ASSOCIATION,  LIMITED  LIABILITY  COMPANY OR CORPO-
RATION, INCLUDING BANKING ORGANIZATIONS, SHALL  DISTRIBUTE  OR  USE  ANY
PAPER  CONTAINING BISPHENOL A FOR THE RECORDING OF ANY BUSINESS OR BANK-
ING TRANSACTION INCLUDING, BUT NOT LIMITED TO, RECEIPTS, CREDITS,  WITH-
DRAWALS, DEPOSITS, AND CREDIT AND DEBIT CARD RECORDS.
  2. PAPER MANUFACTURER RESPONSIBILITIES. A. NO PAPER MANUFACTURER SHALL
PRODUCE  OR DISTRIBUTE ANY PAPER CONTAINING BISPHENOL A WHICH IS PROHIB-
ITED TO BE USED OR DISTRIBUTED  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
SECTION.
  B.  ANY  PAPER MANUFACTURER THAT PRODUCES PAPER CONTAINING BISPHENOL A
FOR THE PURPOSES REFERRED TO IN SUBDIVISION ONE OF THIS SECTION SHALL:
  (1) NOT REPLACE BISPHENOL A WITH ANOTHER CHEMICAL  COMPOUND  THAT  HAS
BEEN  SCIENTIFICALLY ESTABLISHED TO BE A KNOWN HUMAN CARCINOGEN AS CLAS-
SIFIED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, A  DEVELOP-
MENTAL TOXIN, AN ENDOCRINE DISRUPTOR OR A REPRODUCTIVE TOXIN;
  (2)  USE  THE  LEAST  TOXIC  ALTERNATIVE  CHEMICAL COMPOUND TO REPLACE
BISPHENOL A;
  (3) PROVIDE INFORMATION ON  THE  CHEMICAL  COMPOUND  USED  TO  REPLACE
BISPHENOL A TO THE DEPARTMENT; AND
  (4)  NOT MANUFACTURE SUCH PAPER UNTIL THE DEPARTMENT SHALL HAVE CERTI-
FIED ALTERNATIVE CHEMICAL COMPOUNDS TO BISPHENOL A BASED UPON THE RECOM-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04357-02-3
              

S. 3513                             2

MENDATIONS OF THE ADVISORY COMMITTEE  ON  LEAST  TOXIC  ALTERNATIVES  TO
BISPHENOL A.
  3.  DEPARTMENT  RESPONSIBILITIES. A. THE DEPARTMENT SHALL CERTIFY THAT
ANY CHEMICAL COMPOUND USED TO REPLACE BISPHENOL A IN THE MANUFACTURE  OF
PAPER PURSUANT TO SUBDIVISION TWO OF THIS SECTION IS:
  (1) THE LEAST TOXIC ALTERNATIVE AVAILABLE; AND
  (2)  NOT  A  KNOWN HUMAN CARCINOGEN AS CLASSIFIED BY THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY, A  DEVELOPMENTAL  TOXIN,  AN  ENDOCRINE
DISRUPTOR OR A REPRODUCTIVE TOXIN.
  B. NOT LESS THAN ONCE EVERY CALENDAR YEAR, THE DEPARTMENT SHALL UPDATE
THE  REQUIREMENTS  FOR  CERTIFICATION  OF  LEAST  TOXIC  ALTERNATIVES TO
BISPHENOL A AND PROVIDE SUCH INFORMATION TO PAPER MANUFACTURERS  SUBJECT
TO  THE  PROVISIONS OF SUBDIVISION TWO OF THIS SECTION. FURTHERMORE, THE
DEPARTMENT SHALL ANNUALLY  UPDATE  ITS  INFORMATION  ON  THOSE  CHEMICAL
COMPOUNDS THAT ARE KNOWN HUMAN CARCINOGENS, DEVELOPMENTAL TOXINS, ENDOC-
RINE  DISRUPTERS OR REPRODUCTIVE TOXINS, AND SHALL PROVIDE SUCH INFORMA-
TION TO PAPER MANUFACTURERS SUBJECT TO THE PROVISIONS OF SUBDIVISION TWO
OF THIS SECTION. THE DEPARTMENT  SHALL  MAKE  ALL  INFORMATION  COMPILED
PURSUANT TO THIS SUBDIVISION AVAILABLE TO THE PUBLIC ON THE DEPARTMENT'S
INTERNET WEBSITE.
  C.  THE  DEPARTMENT SHALL INVESTIGATE AND DETERMINE ACCEPTABLE METHODS
OF DISPOSAL AND  RECYCLING  OF  BUSINESS  TRANSACTION  PAPER  CONTAINING
BISPHENOL  A SO AS TO ELIMINATE OR MINIMIZE EXPOSURE TO BISPHENOL A. THE
DEPARTMENT SHALL PROVIDE PUBLIC NOTICE OF THE SAFE PRACTICES FOR  HANDL-
ING AND DISPOSING OF SUCH PAPER.
  4.  ADVISORY  COMMITTEE ON LEAST TOXIC ALTERNATIVES TO BISPHENOL A. A.
WITHIN SIXTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, THE  DEPARTMENT
SHALL  CONVENE  AN ADVISORY PANEL OF EXPERTS FOR THE PURPOSE OF ADVISING
THE DEPARTMENT ON LEAST TOXIC ALTERNATIVES TO BISPHENOL A. THE NAMES  OF
THE  MEMBERS  OF  THIS  COMMITTEE SHALL BE AVAILABLE ON THE DEPARTMENT'S
WEBSITE.
  B. THE ADVISORY COMMITTEE SHALL BE COMPOSED OF COMPETENT,  INDEPENDENT
SCIENTISTS WHO HAVE NO CURRENT OR PAST EMPLOYMENT OR FINANCIAL CONFLICTS
OF  INTEREST  WITH  MANUFACTURERS  OF BISPHENOL A OR PRODUCTS CONTAINING
BISPHENOL A.
  C. ADVISORY COMMITTEE MEMBERS SHALL  HAVE  SUBSTANTIAL  EXPERIENCE  IN
EVALUATING  TOXICOLOGICAL  AND  EPIDEMIOLOGICAL DATA ON TOXIC CHEMICALS,
INCLUDING THEIR POTENTIAL CARCINOGENIC, ENDOCRINE DISRUPTIVE,  REPRODUC-
TIVE,  DEVELOPMENTAL OR NEUROLOGICAL EFFECTS. CHEMICALS CONSIDERED TO BE
TOXIC SHALL BE THOSE LIKELY TO CAUSE OR CONTRIBUTE TO ACUTE  ILLNESS  OR
CHRONIC IMPACTS NEGATIVELY ALTERING HUMAN BIOLOGICAL FUNCTIONS OR ABILI-
TY TO RESPOND TO ENVIRONMENTAL ASSAULTS.
  D.  THE  ADVISORY COMMITTEE SHALL BE CONVENED WITHIN SIXTY DAYS OF THE
EFFECTIVE DATE OF THIS SECTION AND AT SUCH TIMES AS THE DEPARTMENT SEEKS
FURTHER RECOMMENDATIONS OR CLARIFICATIONS OF CURRENT DATA. ALL  MEETINGS
AND  PROCEEDINGS  OF THE COMMITTEE SHALL BE SUBJECT TO THE PROVISIONS OF
ARTICLE SIX OF THE PUBLIC OFFICERS LAW.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.