N.Y. Environmental Conservation Law § 37-0109

§ 37-0109. Chromated copper arsenate pressure treated lumber; public\n facilities.\n 1. The state, and any political subdivision thereof, school district,\nboard of cooperative educational services or public authority, and any\nagency of any such entity shall be prohibited from constructing, any\nstructure on any playground owned or operated by such an entity, which\nuses lumber which is pressure treated with chromated copper arsenate.\n 2. The state, and any political subdivision thereof, school district,\nboard of cooperative educational services or public authority, and any\nagency of any such entity shall maintain and operate all (a) structures\nconstructed with lumber which is pressure treated with chromated copper\narsenate, which is on any playground owned or operated by such an\nentity, or (b) picnic tables constructed with lumber which is pressure\ntreated with chromated copper arsenate, which is on any facility owned\nor operated by such an entity, in such a manner as to minimize chromated\ncopper arsenate from leaching from such structure or picnic table. Every\nsuch entity shall maintain the ground cover surrounding any such\nstructure or picnic table in a manner to minimize exposure to potential\nchromated copper arsenate contamination.\n 3. The commissioner shall compile and publish information on the\ndangers and hazards to public health and the environment of the use of\nchromated copper arsenate pressure treated lumber. In addition, the\ncommissioner shall compile and publish a list of less toxic materials\nwhich may be used as an alternative to the use of chromated copper\narsenate pressure treated lumber. The department shall also compile and\npublish information on non-toxic methods and materials that are\navailable to adequately maintain playground structures and picnic tables\nconstructed with chromated copper arsenate pressure treated lumber in a\nmanner that minimizes chromated copper arsenate from leaching from such\nstructures and picnic tables. The department shall insure that the\ninformation compiled and published pursuant to this subdivision is\nwidely disseminated to the general public.\n