(a)(1) The Department of Energy and the Environment and the Department of Health shall conduct a study assessing the safety of all synthetic materials currently used in construction at District public recreational spaces. The study shall identify whether a synthetic material:
(A) Contains known carcinogens or other toxins, and whether the synthetic material poses a health risk if it is ingested, inhaled, or comes into contact with a person's skin or eyes;
(B) Meets ASTM International standards for shock-attenuation, where the synthetic material is used for surfacing; or
(C) Can, under normal weather conditions as determined by DGS, exhibit ambient or surface temperatures that cause burns, dehydration, heat stroke, or heat exhaustion.
(2) The Mayor shall transmit the results of the study to the Council within one year after April 11, 2019.
(b) Within 30 days after the Mayor transmits the study to the Council, DGS shall:
(1) Prohibit all District employees, contractors, and subcontractors from using a synthetic material in a construction project at a public recreational space if the synthetic material:
(A) Poses a serious health risk when it is ingested, inhaled, or comes in contact with a person's skin or eyes; or
(B) Scores a g-max test value that is greater than or equal to the standard for shock-attenuation set by ASTM International, when the synthetic material is maintained in accordance with manufacturer standards;
(2) Issue notice to all contractors or subcontractors bidding on or holding a construction project contract with the District of those synthetic materials banned pursuant to paragraph (1) of this subsection; and
(3) Publish on the DGS website:
(A) A list of all synthetic materials approved for use, including the following information for each synthetic material:
(i) Manufacturer material product sheets or similar documentation;
(ii) The concentration of any known toxins, including lead, cadmium, chromium, mercury, tin, and zinc;
(iii) An assessment of the risk to human health posed by the synthetic material, including:
(I) Through eye or skin contact, ingestion, or inhalation; and
(II) Any known carcinogenic properties;
(iv) Data on the synthetic material's flammability;
(v) Maintenance or other service requirements to ensure quality control of the synthetic material;
(vi) Any other hazards posed by the synthetic material under regular use; and
(vii) Any precautions needed for the synthetic material; and
(B) A list of all synthetic materials that DGS has prohibited for use pursuant to paragraph (1) of this subsection, that shall include the basis upon which DGS has prohibited the synthetic material, including any test results, studies, or other documentation used by DGS to make its determination.
(c) Neither DGS nor any contractor or subcontractor holding a contract with the District shall be permitted to use a synthetic material in a construction project unless it has been approved for use pursuant to subsection (b)(3)(A) of this section.
(d) Within 180 days after the Mayor transmits the study to the Council required in subsection (a) of this section, DGS shall transmit to the Council:
(1) A list of all public recreational spaces that are composed, in whole or in part, of synthetic materials prohibited pursuant to subsection (b)(1) of this section, including a description of the health or safety risk posed by the synthetic material in use at the public recreational space; and
(2) A remediation plan for the removal of the synthetic material from each public recreational space, including the anticipated period of time that the public recreational space will be closed to public use, if any.
(Apr. 11, 2019, D.C. Law 22-293, § 4, 66 DCR 1701.)