NY State Senate Bill 2023-S7239

Senate Bill S7239

2023-2024 Legislative Session

Establishes a moratorium on the installation of synthetic turf pending a comprehensive environmental and public health study

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Current 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 03, 2024	referred to environmental conservation
May 18, 2023	referred to environmental conservation

co-Sponsors

2023-S7239 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§8-0109 & 27-1901, En Con L

2023-S7239 (ACTIVE) - Summary

Establishes a moratorium on the installation of synthetic turf pending a comprehensive environmental and public health study; relates to environmental impact assessments of the use of synthetic turf; provides for the repeal of certain provisions upon expiration thereof.

2023-S7239 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7239

SPONSOR: MYRIE
 
TITLE OF BILL:

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

 
SUMMARY OF PROVISIONS:

Section 1 establishes the legislative findings.

Section 2 defines key terms such as, "Crumb Rubber", "Synthetic Turf',
and "Moratorium".

Section 3 outlines the agencies and organizations tasked with studying
the use and long-term health implications of "Synthetic Turf'.

Section 4 amends section 8-0109 of the environmental conservation law by
adding subdivision 10 which states that there must be site specific

impact statement created for any project that requires the installation
of synthetic turf.

Section 5 amends section 27-1901 of the environmental conservation law
by adding subdivision 2a which specifies the definition of "Crumb
Rubber".

Section 6 provides for the effective date.

 
JUSTIFICATION:

Synthetic turf is increasingly installed in many locations across New
York State, including parks, athletic fields, indoor facilities, and
other settings where natural grass was previously grown. In recent
years, crumb rubber which is a result of processing waste has been
introduced as a component of synthetic turf and mulch.

Tires, which contain numerous chemical components, some of which are
known to be hazardous. These contaminants can include arsenic, cadmium,
chromium, lead, vanadium, zinc, and acetone, and are known to have the
potential to cause adverse health effects including birth defects,
cancer, nervous system damage, and immune system suppression.

In 2004, the Legislature passed the historic, Waste Tire Management Act,
which provided for the collection and recycling/reuse of millions of
waste tires stockpiled in New York State. But while diverse options for
waste tire use are essential to reduce accumulation, they should not
threaten or compromise the public health or the environment.

Some testing of synthetic turf has already occurred, identifying within
it levels of concern of contaminants including lead, arsenic, cadmium,
and chromium; however, more data is necessary to inform decisions on
appropriate uses of this material. To prevent adverse health impacts and
mitigate the contamination of natural resources, an investigation into
the potential threats associated with the use of synthetic turf is
warranted. Therefore the DOH is mandated, in cooperation with the DEC,
to conduct a comprehensive investigation into the exposure and contam-
ination potential of synthetic turf, including routes of exposure
through the installation, maintenance, removal, and disposal of synthet-
ic turf, as well as alternatives including natural turf. This report
shall be submitted to the Governor and the Legislature.

 
PRIOR LEGISLATIVE HISTORY:

S4321 of 2015-16: Referred to Environmental Conservation.

S4086 of 2013-14: Referred to Environmental Conservation.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately, provided, however, that sections two and three of this act
shall continue in full force and effect for six months from such effec-
tive date, or until the Department of environmental conservation reports
to the governor and the legislature 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
provided that the commissioner of environmental conservation shall noti-
fy 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 database 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.

2023-S7239 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7239
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 2023
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed 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.
                                                            LBD06984-01-3

 S. 7239                             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
 S. 7239                             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.

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Senate Bill S7239

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Sponsored By

Zellnor Myrie