Chemical Regulations (A.6296/S.501-B) | 2019
April 29th, 2019
AN ACT relates to regulation of toxic chemicals in children’s products.
A.6296 (Englebright) / S.501-B (Kaminsky)
MEMORANDUM IN OPPOSITION
Unshackle Upstate, a non-partisan, pro-taxpayer, pro-economic growth, education and advocacy coalition made up of business and trade organizations from Upstate New York opposes the enactment of the aforementioned legislation.
This bill would require that New York State to regulate a wide range of children’s products, and to create and maintain a list of “priority chemicals” and “chemicals of high concern,” which will ultimately lead to the ban of certain chemicals in particular applications. The bill would also impose new reporting requirements and additional fees that every manufacturer of children’s products that contains a “priority chemical” would be forced to adhere to.
We have a number of concerns regarding state controls on consumer products such as those imposed by this legislation. Congress has determined, via the federal Toxic Substances Control Act (TSCA), that any such evaluation and management of chemicals should be undertaken at the federal level, and that all such efforts should be supported by peer-reviewed, science-based determinations.
Many state laws and regulations regarding particular chemical regulation and product ban legislation are hindering New York’s economic recovery. Proposed changes to law and chemical bans would add uncertainty for tens of thousands of manufacturing employees in New York, many in Upstate; forcing companies to comply with another regulatory program among an already crowded patchwork of state laws.
According to the American Chemistry Council, the chemical industry represents nine percent of total manufacturing employment and 24 percent of the state’s overall manufacturing shipments. Many of these sites are located in Upstate New York, in communities that are in desperate need of economic activity. In addition, from 2006 to 2011, chemistry production shipments in New York State declined 27 percent.
Over the past several years, the Governor and Legislature have worked tirelessly to lower taxes and help the state’s businesses thrive. Legislation of this nature, with its unknown costs and impacts to businesses, threaten to undermine that progress.
For these reasons, Unshackle Upstate opposes the enactment of this legislation.