NY State Senate Bill S6291A

Archive: Last Bill Status Via A7063 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 30, 2022	approval memo.100 signed chap.820
Dec 19, 2022	delivered to governor
May 24, 2022	returned to assembly passed senate 3rd reading cal.1041 substituted for s6291a
May 24, 2022	substituted by a7063a
May 16, 2022	amended on third reading (t) 6291a
May 05, 2022	advanced to third reading
May 04, 2022	2nd report cal.
May 03, 2022	1st report cal.1041
Jan 05, 2022	referred to environmental conservation
Apr 20, 2021	referred to environmental conservation

Votes

view votes

May 24, 2022 - floor Vote

A7063A

floor

Aye

Nay

Absent

Excused

Abstained

May 3, 2022 - Environmental Conservation committee Vote

S6291

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S6291 - Details

See Assembly Version of this Bill:: A7063
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §37-0101, add §37-0121, En Con L

S6291 - Summary

Prohibits the use of perfluoroalkyl and polyfluoroalkyl substances in apparel as an intentionally added chemical.

S6291 - Sponsor Memo

 
BILL NUMBER: S6291

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the use of perfluoroalkyl and polyfluoroalkyl substances in
common apparel

 
PURPOSE:

Prohibits the use of perfluoroalkyl and polyfluoroalkyl substances in
common apparel

 
SUMMARY OF PROVISIONS:

Section 1: Amends section 37-0101 of the environmental conservation law
by adding new subdivision 7, which sets a defection of "perfluoroalkyl
and polyfluoroalkyl substances" and "PFAS."

Section 2: Adds new section 38-0121 to the environmental conservation
law to prohibit the manufacture, distribution or sale of perfluoroalkyl

and polyfluoroalkyl substances in common apparel as intentionally added
chemicals.

Section 3: Sets the effective date.

 
JUSTIFICATION:

PFAS are a class of chemical that have a variety of commercial liquid-
wicking applications, which has led to their common presence'in a varie-
ty of products consumed by consumers. Mounting research has linked well-
known PFAS compounds such as PFOA and PFOS to kidney and testicular
cancer - and communities with PFAS contaminated water have been shown to
suffer serious medical effects.

New York State has recently taken steps to reduce the exposure of New
Yorkers to PFAS chemicals, banning their incineration and use in food
packaging in 2020. As the state examines chemical pathways to entry into
our water system for PFAS chemicals, consideration must be given to the
use of these chemicals in articles of clothing, textiles and other
garments both as it relates to direct exposure and to further environ-
mental contamination. New York has taken some steps to this effect
already, expressing a strong preference for PFAS-free garments in its
state purchasing standards.

PFAS have been used in garments since about the 1940s - however the same
physical properties that led to their wide adoption are raising safety
concerns. According to the John Wood Group for the European Commission
"PFASs are very persistent in the environment and some are highly solu-
ble and mobile. Documented evidence has shown that PFASs emitted to soil
can readily move into groundwater and be transported well beyond the
original contamination source," meaning that the durability of PFAS
chemicals in garments is precisely what allows them to be a channel for
groundwater contamination. The group further notes that wastewater
treatments plants, noting that "_ PFASs represent very significant chal-
lenges to the wastewater treatment processes which, for the most part,
were never developed to manage more complex chemical families such as
PFASs. It has therefore been assumed that the efficacy of wastewater
treatment plants to manage PFASs is zero..." Researchers have also
pointed to textiles as source of PFAS in the environment - a 2014 study
by German scientists working for the Umweltbundesemt (the national envi-
ronmental agency) identified garments as a source of PFAS emissions in
both air and water emissions.

Other state are considering action on PFAS in garments, including Wash-
ington and California, which will address the problem via their existing
regulatory processes. States such as Vermont and Massachusetts have
pending legislation that could affect the use of PFAS in garments.

 
LEGISLATIVE HISTORY:

None, new bill.

 
FISCAL IMPACT:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect December 31, 2023. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.

S6291 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6291
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 20, 2021
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   prohibiting  the  use of perfluoroalkyl and polyfluoroalkyl substances
   in common apparel

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  37-0101 of the environmental conservation law is
 amended by adding a new subdivision 7 to read as follows:
   7. "PERFLUOROALKYL AND POLYFLUOROALKYL  SUBSTANCES"  OR  "PFAS"  SHALL
 MEAN  A  CLASS  OF FLUORINATED ORGANIC CHEMICALS CONTAINING AT LEAST ONE
 FULLY FLUORINATED CARBON ATOM.
   § 2. The environmental conservation law is amended  by  adding  a  new
 section 37-0121 to read as follows:
 § 37-0121. PROHIBITION AGAINST THE USE OF PERFLUOROALKYL AND POLYFLUORO-
 ALKYL SUBSTANCES IN COMMON APPAREL.
   1. NO PERSON SHALL MANUFACTURE, DISTRIBUTE, SELL, OR OFFER FOR SALE IN
 THIS  STATE ANY COMMON APPAREL CONTAINING PERFLUOROALKYL AND POLYFLUORO-
 ALKYL SUBSTANCES AS INTENTIONALLY ADDED CHEMICALS.
   2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (A) "INTENTIONALLY ADDED CHEMICALS" MEANS A CHEMICAL IN A PRODUCT THAT
 SERVES AN INTENDED FUNCTION IN THE PRODUCT COMPONENT.
   (B) "COMMON APPAREL" MEANS CLOTHING ITEMS INTENDED FOR REGULAR WEAR OR
 FORMAL  OCCASIONS  INCLUDING, BUT NOT LIMITED TO, UNDERGARMENTS, SHIRTS,
 PANTS, SKIRTS, DRESSES, OVERALLS, BODYSUITS,  VESTS,  DANCEWEAR,  SUITS,
 SARIS, SCARVES, TOPS, LEGGINGS, LEISUREWEAR, FORMAL WEAR, ONESIES, BIBS,
 AND DIAPERS. "COMMON APPAREL" SHALL NOT INCLUDE PROFESSIONAL UNIFORMS OR
 OUTERWEAR INTENDED FOR EXTREME CONDITIONS.
   §  3.  This  act  shall take effect December 31, 2023. Effective imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such effective date.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10620-01-1

Co-Sponsors

S6291A (ACTIVE) - Details

See Assembly Version of this Bill:: A7063
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §37-0101, add §37-0121, En Con L

S6291A (ACTIVE) - Summary

Prohibits the use of perfluoroalkyl and polyfluoroalkyl substances in apparel as an intentionally added chemical.

S6291A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S6291A

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the use of perfluoroalkyl and polyfluoroalkyl substances in
apparel

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to prohibit the use of perfluoroalkyl and
polyfluoroalkyl substances in apparel.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would amend section 37-0101 of the environmental
conservation law by adding new subdivision 7, which establishes a defi-
nition for "perfluoroalkyl and polyfluoroalkyl substances" and "PFAS."

Section 2 of this bill would add a new section 37-0121 to the environ-
mental conservation law to prohibit sale of apparel containing perfluo-

roalkyl and polyfluoroalkyl substances as intentionally added chemicals.

Section 3 of this bill would provide that the bill shall take effect
December 31, 2023. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.

 
JUSTIFICATION:

PFAS are a class of chemical that have a variety of commercial liquid-
wicking applications, which has led to their presence in a variety of
products consumed by consumers. Mounting research has linked well-known
PFAS compounds such as PFOA and PFOS to kidney and testicular cancer and
communities with PFAS contaminated water have been shown to suffer seri-
ous medical effects. New York State has recently taken steps to reduce
the exposure of New Yorkers to PFAS chemicals, banning their incinera-
tion and use in food packaging in 2020. As the state examines chemical
pathways to entry into our water system for PFAS chemicals, consider-
ation must be given to the use of these chemicals in articles of cloth-
ing, textiles and other garments both as it relates to direct exposure
and to further environmental contamination. New York has taken some
steps to this effect already, expressing a strong preference for
PFAS-free garments in its state purchasing standards.

PFAS have been used in garments since about the 1940s - however the same
physical properties that led to their wide adoption are raising safety
concerns. According to the John Wood Group for the European Commission
"PFASs are very persistent in the environment and some are highly solu-
ble and mobile. Documented evidence has shown that PFASs emitted to soil
can readily move into groundwater and be transported well beyond the
original contamination source," meaning that the durability of PFAS
chemicals in garments is precisely what allows them to be a channel for
groundwater contamination. The group further notes that wastewater
treatments plants, noting that "... PFASs represent very significant
challenges to the wastewater treatment processes which, for the most
part, were never developed to manage more complex chemical families such
as PFASs. It has therefore been assumed that the efficacy of wastewater
treatment plants to manage PFASs is zero..." Researchers have also
pointed to textiles as source of PFAS in the environment - a 2014 study
by German scientists working for the Umweltbundesemt (the national envi-
ronmental agency) identified garments as a source of PFAS emissions in
both air and water emissions.

Other state are considering action on PFAS in garments, including Wash-
ington and California, which will address the problem via their existing
regulatory processes. States such as Vermont and Massachusetts have
pending legislation that could effect the use of PFAS in garments.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
BUDGET IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect December 31, 2023. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.

S6291A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6291--A
     Cal. No. 1041
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 20, 2021
                                ___________
 
 Introduced  by  Sens.  HOYLMAN,  BAILEY, CLEARE, MANNION, MYRIE, RIVERA,
   SEPULVEDA -- read twice and ordered printed, and when  printed  to  be
   committed  to the Committee on Environmental Conservation -- recommit-
   ted to the Committee on Environmental Conservation in accordance  with
   Senate  Rule  6,  sec.  8  --  reported favorably from said committee,
   ordered to first and  second  report,  ordered  to  a  third  reading,
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   prohibiting  the  use of perfluoroalkyl and polyfluoroalkyl substances
   in apparel
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  37-0101 of the environmental conservation law is
 amended by adding a new subdivision 7 to read as follows:
   7. "PERFLUOROALKYL AND POLYFLUOROALKYL  SUBSTANCES"  OR  "PFAS"  SHALL
 MEAN  A  CLASS  OF FLUORINATED ORGANIC CHEMICALS CONTAINING AT LEAST ONE
 FULLY FLUORINATED CARBON ATOM.
   § 2. The environmental conservation law is amended  by  adding  a  new
 section 37-0121 to read as follows:
 § 37-0121. PROHIBITION AGAINST THE USE OF PERFLUOROALKYL AND POLYFLUORO-
 ALKYL SUBSTANCES IN APPAREL.
   1.  NO  PERSON  SHALL SELL OR OFFER FOR SALE IN THIS STATE ANY APPAREL
 CONTAINING  PERFLUOROALKYL  AND  POLYFLUOROALKYL  SUBSTANCES  AS  INTEN-
 TIONALLY ADDED CHEMICALS.
   2.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "INTENTIONALLY ADDED CHEMICAL" MEANS A CHEMICAL IN A PRODUCT  THAT
 SERVES AN INTENDED FUNCTION IN THE PRODUCT COMPONENT.
   (B) "APPAREL" MEANS CLOTHING ITEMS INTENDED FOR REGULAR WEAR OR FORMAL
 OCCASIONS  INCLUDING,  BUT NOT LIMITED TO, UNDERGARMENTS, SHIRTS, PANTS,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10620-03-2
 S. 6291--A                          2
 
 SKIRTS, DRESSES, OVERALLS, BODYSUITS, VESTS,  DANCEWEAR,  SUITS,  SARIS,
 SCARVES,  TOPS,  LEGGINGS,  LEISUREWEAR, FORMAL WEAR, ONESIES, BIBS, AND
 DIAPERS. "APPAREL" SHALL NOT INCLUDE PROFESSIONAL UNIFORMS OR  OUTERWEAR
 INTENDED FOR EXTREME CONDITIONS.
   §  3.  This  act  shall take effect December 31, 2023. Effective imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized to be made and completed on or before such effective date.

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The New York State Senate

senate Bill S6291A

Sponsored By

Archive: Last Bill Status Via A7063 - Signed by Governor

Your Voice

Actions

Votes

May 24, 2022 - floor Vote

Floor Vote: May 24, 2022

May 3, 2022 - Environmental Conservation committee Vote

Committee Vote: May 3, 2022

Bill Amendments

Co-Sponsors

S6291 - Details

S6291 - Summary

S6291 - Sponsor Memo

S6291 - Bill Text download pdf

Co-Sponsors

S6291A (ACTIVE) - Details

S6291A (ACTIVE) - Summary

S6291A (ACTIVE) - Sponsor Memo

S6291A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6291A

Share this bill

Sponsored By

Archive: Last Bill Status Via A7063 - Signed by Governor

Your Voice

Actions

Votes

May 24, 2022 - floor Vote

Floor Vote: May 24, 2022

May 3, 2022 - Environmental Conservation committee Vote

Committee Vote: May 3, 2022

Bill Amendments

Co-Sponsors

S6291 - Details

S6291 - Summary

S6291 - Sponsor Memo

S6291 - Bill Text download pdf

Co-Sponsors

S6291A (ACTIVE) - Details

S6291A (ACTIVE) - Summary

S6291A (ACTIVE) - Sponsor Memo

S6291A (ACTIVE) - Bill Text download pdf

Comments