S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4709--A
           Cal. No. 817
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    April 18, 2013
                                      ___________
       Introduced  by  Sens.  MARCELLINO,  AVELLA,  GRISANTI  -- read twice and
         ordered printed, and when printed to be committed to the Committee  on
         Environmental  Conservation -- reported favorably from said committee,
         ordered to first report, amended on first report, ordered to a  second
         report  and  ordered  reprinted,  retaining  its place in the order of
         second report
       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         prohibiting  the  sale of thermal receipt paper containing bisphenol A
         and reserving jurisdiction in matters pertaining to such paper for the
         state
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The environmental conservation law is amended by adding a
    2  new section 37-0513 to read as follows:
    3  S 37-0513. THERMAL RECEIPT PAPER.
    4    1. FOR THE PURPOSES OF THIS SECTION, "THERMAL RECEIPT PAPER" OR  "CASH
    5  REGISTER  RECEIPT  PAPER"  MEANS  ANY PAPER THAT IS USED BY A COMMERCIAL
    6  ENTITY TO ISSUE A MECHANICALLY PRODUCED RECORD OF  A  COMMERCIAL  TRANS-
    7  ACTION.
    8    2.  ON  AND  AFTER  OCTOBER 1, 2015 NO PERSON SHALL MANUFACTURE, SELL,
    9  OFFER FOR SALE OR DISTRIBUTE ANY THERMAL RECEIPT PAPER OR CASH  REGISTER
   10  RECEIPT PAPER THAT CONTAINS BISPHENOL A.
   11    3.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION,
   12  IF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY DOES NOT IDENTIFY A
   13  SAFE, COMMERCIALLY AVAILABLE ALTERNATIVE TO THE USE OF  BISPHENOL  A  IN
   14  THERMAL  RECEIPT  PAPER OR CASH REGISTER RECEIPT PAPER ON OR BEFORE JUNE
   15  30, 2015, NO PERSON SHALL MANUFACTURE, SELL, OFFER FOR SALE OR  DISTRIB-
   16  UTE  ANY  THERMAL  RECEIPT  PAPER  OR  CASH  REGISTER RECEIPT PAPER THAT
   17  CONTAINS BISPHENOL A ON AND AFTER JULY 1, 2017.
   18    4. JURISDICTION IN ALL MATTERS PERTAINING TO RECEIPT PAPER  CONTAINING
   19  BISPHENOL  A IS HEREBY VESTED EXCLUSIVELY IN THE STATE. ANY PROVISION OF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10460-02-3
       S. 4709--A                          2
    1  ANY LOCAL LAW OR ORDINANCE, OR ANY RULE OR REGULATION PROMULGATED THERE-
    2  TO, GOVERNING RECEIPT PAPER  CONTAINING  BISPHENOL  A  SHALL,  UPON  THE
    3  EFFECTIVE DATE OF THIS SECTION, BE PREEMPTED.
    4    S 2. This act shall take effect immediately.