COMMITTEE ON LEGISLATION Joint with Health and Public Safety and Criminal Justice and Environment
MINUTES: September 7, 2004
MEMBERS: Chair: Martin Rogowsky. Legislators: Abinanti, Bronz, Latimer, Mosiello, Pinto, Stewart-Cousins.
HEALTH MEMBERS: Chair: Andrea Stewart-Cousins; Legislators: Abinanti, Latimer.
PSCJ MEMBERS: Chair: Richard Wishnie; Legislators: Kaplowitz, Mosiello, Rogowsky, Spreckman.
ENV MEMBERS: Chair: Tom Abinanti; Legislators: Kaplowitz, Latimer, Rogowsky.
IN ATTENDANCE:BOL: Ettere; CEO: A. Neuman, K. Ryan; LAW: B. McGrath; DEF: J. Hogan; HEALTH: J. Marcogliese, R. Glicksman; CONSUMER PROTECTION: E. Price; FOOD INDUSTRY ALLIANCE: P. Brodhagen.
The Committees on Legislation, Environment and Public Safety were called to order at 1:50 p.m.
Item # 57 – Disposal of Cell Phones
Item # 57 is a proposed local law that would amend the Laws of Westchester County with respect to regulating the disposal and source separation of cellular telephones. Typically, cell phones are used for only 18 months before being replaced. By 2005, approximately 130 millionof these devices, weighing in total approximately 65K tons, will be retired annually in the United States. Cell phone and their batteries contain a number of persistent and bioaccumulative toxic chemicals, including arsenic, antinomy, beryllium, cadium, copper, lead, nickel and zinc. These chemicals are known to be associated with cancer and a range of reproductive, neurological and developmental disorders and can leach into soil and groundwater from landfill disposal and form highly toxic dioxins and furans during incineration. In an effort to promote proper disposal of cell phones, this proposal would prohibit the disposal of these devices in conventional waste streams and establish a mandatory “take back” program whereby the suppliers of cellular phones would be required to have in place a system for the acceptance, collection, reuse, recycling or proper disposal of used cell phones. This local law, if passed, would also establish a coordinated effort on the part of the DEF to educate the public as to the proper method for disposing cell phones. Violation will result in penalties.
Mr. Hogan, DEF, briefed Members on DEF’s support of the above legislation stating that because cell phones are so small that is nearly impossible to remove them prior to incineration. A brief discussion followed. Key points discussed included:
· Adding cell phones to the list of products accepted during Household Chemical Days.
· Increasing the amount of Household Chemical Days.
· Why legislate and not just educate?
· The Administration should reaching out to retailers and survey which ones volunteerally offer “take back” programs.
· Mandate a sticker be placed on the box of the product that would state proper disposal.
· An incentive or refund from the retailer, would encourage recycling.
· Can we just amend the Household Hazardous Waste Law to include cell phones?
· The County does not fine a resident if a paint can is disposed of improperly, why fine for cell phones?
Further discussion is expected pending the receipt of information Members have requested from the Adminstration – 1) A list of retailers volunteerally offering a “take back” program and 2) the potential health impacts of cell phones continually being burned in the County’s incinerator.
The Committee on Health was called to order.
Item # 19 – Mercury Advisory Signs
Item # 19 is a proposed local law that would add a new Chapter 698 to the Laws of Westchester County entitled “Mercury in Fish Advisory.” The purpose of this legislation is to require retail food establishments, such as supermarkets, grocery stores, butcher shops, fish stores, and wholesale supermarkets, which sell any seafood, food fish or shellfish, to post an advisorty at the point of display advising women who are pregant, women who may become pregnant or nursing mothers, as well as parents of young children, of an advisory issued by the FDA and the EPA regarding methylmercury and fish consumption.
The Committee on Public Safety adjourned at 2:58 p.m.
Patricia Brodhagen, representing the Food Industry Alliance, stated that the Alliance represents 81% of the major food retailers in Westchester County (membership list on file). She further stated that she has been working with the Adminstration to form a cooperative effort between the food retailers and Westchester County to allow a brochure, created and printed at the expense of the Alliance, to be volunteerally displayed in participating supermarkets. A sample brochure was reviewed by Committee Members. The Adminstration has agreed and asked that the Committee hold off on taking any action on this item. The Committees agreed.
The Committee on Health adjourned at 3:10 p.m.
RECEIVE & FILE
Legislator Pinto made a motion to receive and file Items # 22 (Patriot Act), 32 (Gift Cards), 60 (Medicaid) and 61 a & b (Albany) and it was seconded by Legislator Bronz. The vote was 5-0.
MEDICAID RESOLUTION (MLR)
Legislator Rogowsky asked that the Committee sign out another resolution which mirrors several resolutions that have recently been unanimously passed by the Board. The resolution calls upon the Governor and the State Legislature to make fundamental structural reform to the financing of the Medicaid program and provide real property taxpayers with relief by capping the local share of Medicaid at the 2003 base levels.
The only changes in this Resolution are to the 8th paragraph, which reflect estimated payments as of September 14, 2004:
‘WHEREAS, Westchester County pays approximately $4.2 million weekly. This year’s payments exceed $157 million as of September 14, 2004; and’
On motion of Legislator Bronz, seconded by Legislator Pinto, the resolution was approved by a vote of 5-0.
The Committee on Legislation was adjourned at 3:15 p.m.
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