S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6307
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 12, 2021
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
   Committee on Environmental Conservation
 
 AN ACT to establish a moratorium on the installation of  synthetic  turf
   pending  a  comprehensive  environmental  and  public health study; to
   amend the environmental conservation law, in relation to environmental
   impact assessments of the use of synthetic turf; and providing for the
   repeal of certain 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  environmental  and 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 environmental and public health
 study to be undertaken immediately; and, in the meantime, to temporarily
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09342-01-1

 A. 6307                             2
 
 suspend the installation of synthetic turf products that  contain  crumb
 rubber.
   §  2.    Moratorium  on  the installation of synthetic turf. 1.  Defi-
 nitions. For the purposes of this act, the following  terms  shall  have
 the following definitions:
   a.  "Crumb rubber" means ground rubber derived from waste tires, which
 contain one or more of  the  following  ingredients:  arsenic,  cadmium,
 chromium, lead, vanadium, zinc, and acetone;
   b.  "Synthetic  turf" means any materials or compositions that include
 crumb rubber as a component used in place of  grass  to  surface  parks,
 outdoor  playing or athletic fields, indoor athletic facilities or other
 venues.
   2. Moratorium. A moratorium is hereby established on the  installation
 of  synthetic  turf  for a period of 6 months from the effective date of
 this act or until the department of environmental  conservation  reports
 to  the governor and the legislature on its findings and recommendations
 as required in section three of this act.
   § 3. Study of the use of synthetic turf. 1. The department of environ-
 mental conservation, in cooperation with the department of health, shall
 immediately undertake a review of all available  data  relating  to  the
 potential  environmental and health risks and effects of synthetic turf,
 with particular attention to the crumb rubber content of such  synthetic
 turf.
   2.  The  commissioner  of  environmental  conservation,  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 environmental conservation requests in  writ-
 ing, 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  environmental  conservation, provide expertise, assistance, and data
 that will enable such commissioner to carry out his or  her  powers  and
 duties.
   §  4.  Section 8-0109 of the environmental conservation law is amended
 by adding a new subdivision 10 to read as follows:
   10. NOTWITHSTANDING ANY LAW, RULE OR REGULATION  TO  THE  CONTRARY,  A
 SITE-SPECIFIC  ENVIRONMENTAL  IMPACT STATEMENT SHALL BE PREPARED FOR ANY
 ACTION THAT INCLUDES THE INSTALLATION OF SYNTHETIC TURF. FOR PURPOSES OF
 THIS SUBDIVISION, "SYNTHETIC TURF" MEANS ANY MATERIALS  OR  COMPOSITIONS
 THAT  INCLUDE  CRUMB  RUBBER  AS  A  COMPONENT USED IN PLACE OF GRASS TO

 A. 6307                             3
 
 SURFACE PARKS, OUTDOOR  PLAYING  OR  ATHLETIC  FIELDS,  INDOOR  ATHLETIC
 FACILITIES  OR  OTHER  VENUES.  SUCH  IMPACT STATEMENT SHALL INCLUDE THE
 POTENTIAL PUBLIC HEALTH RISKS FROM EXPOSURE TO SYNTHETIC TURF AND  MAIN-
 TENANCE  PRODUCTS,  INCLUDING INHALATION IMPACT, VOLATILITY IMPACTS, AND
 IMPACT OF HAZARDOUS LEVELS OF CONSTITUENTS OF SYNTHETIC  TURF.  ENVIRON-
 MENTAL IMPACTS SHALL  BE ASSESSED, INCLUDING MIGRATION OF CHEMICALS FROM
 THE  SYNTHETIC TURF INTO AIR, WATER AND  SOIL. SUCH STATEMENT SHALL MEET
 THE REQUIREMENTS OF THE MOST DETAILED ENVIRONMENTAL    IMPACT  STATEMENT
 REQUIRED  BY  THIS SECTION OR BY ANY SUCH RULE OR REGULATION PROMULGATED
 PURSUANT TO THIS SECTION.
   § 5. Section 27-1901 of the environmental conservation law is  amended
 by adding a new subdivision 2-a to read as follows:
   2-A.  "CRUMB  RUBBER"  MEANS  GROUND  RUBBER DERIVED FROM WASTE TIRES,
 WHICH CONTAIN ONE OR MORE OF THE FOLLOWING INGREDIENTS: ARSENIC,  CADMI-
 UM, CHROMIUM, LEAD, VANADIUM, ZINC, AND ACETONE.
   §  6.  This  act shall take effect immediately; (a) provided, however,
 that sections two and three of this act shall continue in full force and
 effect for six months from such effective date, or until the  department
 of  environmental  conservation reports to the governor and the legisla-
 ture as required by section three of this act, whichever date is  later,
 when upon such date the provisions of sections two and three of this act
 shall be deemed repealed; and
   (b) provided that the commissioner of environmental conservation shall
 notify  the  legislative bill drafting commission upon filing the report
 required in section three 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 officers law.