NY State Senate Bill 2015-S2763

Senate Bill S2763

2015-2016 Legislative Session

Provides for the regulation by the department of environmental conservation of business transaction paper containing bisphenol A

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to environmental conservation
Jan 29, 2015	referred to environmental conservation

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2015-S2763 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §37-0508, En Con L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4532
2013-2014: S3513
2017-2018: S87
2019-2020: S1096
2021-2022: S417
2023-2024: S1786

2015-S2763 (ACTIVE) - Summary

Prohibits the distribution and use of paper containing bisphenol A for the recording of any business transaction.

2015-S2763 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2763

TITLE OF BILL:

An  act  to  amend  the environmental conservation law, in relation to
regulation of bisphenol A in business transaction paper

PURPOSE:

To  expand  the  provisions  of  current  NYS  law  to  prohibit   the
distribution and use of paper containing bisphenol A for the recording
of  any  business  transaction and to regulate chemical compounds that
are used to replace BPA.

SUMMARY OF PROVISIONS:

The bill prohibits any person, firm, partnership, association, limited
liability company or corporation from distributing or using any  paper
containing   BPA   for  the  recording  of  any  business  or  banking
transaction.

Furthermore, receipt paper manufacturers shall not produce  any  paper
containing  bisphenol  A  nor  replace bisphenol A with other chemical
compound that has been scientifically established to be a known  human
carcinogen as classified by the United States Environmental Protection
Agency,   a   developmental   toxin,   an  endocrine  disruptor  or  a

reproductive toxin. Paper manufacturers are required to use the  least
toxic alternative chemical compound to replace bisphenol A.

The  DEC  is  required  to  certify that any chemical compound used to
replace BPA in receipt paper is the least toxic alternative available,
and is not a known human carcinogen as classified by the United  State
Environmental  Protection  Agency, a developmental toxin, an endocrine
disruptor or a reproductive toxin.

DEC is also required to investigate and determine  acceptable  methods
of  disposal and recycling for paper receipts in order to eliminate or
minimize exposure to BPA, The Department shall also advise the  public
regarding  safe  practices  in  handling  and  disposing of such paper
receipts.

The  bill  also  creates  a  DEC  Advisory  Committee  on  Least-Toxic
Alternatives  to  BPA,  composed  of competent, independent scientists
with  substantial   experience   in   evaluating   toxicological   and
epidemiological  data  on  toxic  chemicals, including their potential
carcinogenic, endocrine  disruptive,  reproductive,  developmental  or
neurological effects.

JUSTIFICATION:

Recently  the  NYS Governor signed legislation that would prohibit the
use of BPA in child care products, including sippy cups, baby  bottles
and  straws intended for use by a child under the age of three. BPA is
an estrogen-mimicking endocrine  disrupting  chemical  that  has  been
found  to  be toxic at low doses and is linked to breast cancer, early
onset of puberty, obesity and prostate cancer. Very small  amounts  of
hormones can produce immense biological behavioral changes.


BPA has been used in carbonless copy paper (e.g. credit card receipts)
and  thermal  imaging papers for many years. A powdery layer of BPA is
coated onto a piece of paper along with invisible ink which merge  and
provide  "color"  when subject to heat or pressure. The Warner Babcock
Institute  for  Green Chemistry, co-founded by organic chemist John C.
Warner, has been testing cash  register  receipts  and  has  found  an
alarming  amount  to  BPA on these receipts. The average receipt using
the BPA technology was found to contain 60 - 100  milligrams  of  free
BPA,   which   is   a   thousand  times  above  levels  leaching  from
polycarbonate bottles. Free BPA is not bound into a polymer, but  just
individual  molecules  loose  and  available for uptake. The paper has
been published on  July  26th  in  the  peer-reviewed  journal  "Green
Chemistry Letters and Reviews".

The  Environmental  Work  Group  (ENG)  in Washington DC had a testing
program conducted by the  Missouri  Division  of  Biological  Sciences
laboratory  on  receipts  from  major  retailers,  including Wal-Mart,
Safeway, McDonalds, the U.S. Postal Service, and Bank of America ATMs.
The laboratory found that the total mass of BPA on a receipt  is  from
250  to 1,000 times the amount of BPA typically found in a can of food
or a can of  baby  formula.  Forty  percent  of  36  printed  receipts
collected  from  fast food restaurants, big retailers, grocery stores,
gas stations and post offices in seven  states  and  the  District  of
Columbia contained BPA.

Bio-monitoring  surveys by the federal Centers for Disease Control and
Prevention has found BPA in the bodies of 93% of  Americans  over  the
age  of  6.  The  ENG  analysis  of the CDC data found that people who
reported working in retail industries had 30 percent more BPA in their
bodies than the average U.S. adult and 34% had  more  BPA  than  other
workers.  As of May 2009, 1 in 17 working Americans - 7 million people
were employed as retail salespersons and cashiers,  according  to  the
Bureau of Labor Statistics.

The nation's largest manufacturer of thermal paper, Appleton Papers in
Wisconsin,  stopped  using  BPA  in  2006 because of a growing concern
about the safety of the chemical.

This potentially damaging source of BPA cannot be allowed to remain in
the marketplace, where everyone is being exposed unknowingly. In order
to reduce public exposure to this chemical, the bill would ban the use
of paper containing or made with BPA within 6 months of becoming  law.
Further,  the bill would require replacement chemicals to be the least
toxic available and not to be classified as known  human  carcinogens,
endocrine disruptors, developmental or reproductive toxins.

PRIOR LEGISLATIVE HISTORY:

S.4532-A of 2011-2012 (Alesi): Died in Environmental Conservation
S.3513 of 2013-2014 (O'Brien): Died in Environmental Conservation

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


This act would take effect 180 days after it becomes law.

2015-S2763 (ACTIVE) - Bill Text download pdf

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

                                  2763

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 29, 2015
                               ___________

Introduced  by  Sen. HOYLMAN -- 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.
                                                           LBD08280-01-5

S. 2763                             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.

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Senate Bill S2763

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Sponsored By

Brad Hoylman-Sigal