S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9572
 
                           I N  A S S E M B L Y
 
                              March 20, 2024
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection
 
 AN ACT to amend the  general  business  law,  in  relation  to  labeling
   requirements for gas stoves
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Healthy Homes Right To Know Act".
   § 2. Legislative findings. The legislature finds and declares that:
   1.  New  York  has a long history of protecting its citizens by making
 sure they have adequate knowledge to make informed purchasing decisions.
   2. The public is broadly unaware of the health dangers  posed  by  gas
 stoves.  On  May  8,  2023,  ten  state attorneys general, including the
 attorney general of New York State as well as the New York  City  Corpo-
 ration  Counsel, sent a letter to the Consumer Product Safety Commission
 (CPSC), in which they asserted, "Most of the research  and  evidence  on
 the  health  risks associated with elevated levels of emissions from gas
 appliances has been circulated among decisionmakers and  engaged  stake-
 holders.  This  has  left the public to try to piece together health and
 safety information--which can be false or misleading--from the internet,
 social media, and other non-authoritative sources. Thus, when  it  comes
 to gas stove emissions, consumers are presently unprotected against, and
 inadequately  informed about, the health hazards these appliances pose."
 Those dangers may now be particularly acute as, according  to  the  U.S.
 Environmental  Protection  Agency, "Americans on average, spend approxi-
 mately 90% of their time indoors where concentrations of some pollutants
 are often 2 to 5 times higher than typical outdoor concentrations."
   3. The same letter suggests, "requiring warning labels on  gas  stoves
 that provide more information on their health risks". The letter goes on
 to say, "Proper labeling on gas stoves would represent an important step
 in  helping  to educate consumers about the health risks associated with
 gas stoves. Providing this information upfront is essential to  enabling
 consumers to make a fully informed decision."
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14481-02-4
              

 A. 9572                             2
 
   4.  Current  New  York state regulations regarding unvented gas appli-
 ances are inconsistent. Since there is no statewide requirement that gas
 stoves be ventilated to the outdoors, a precautionary approach to public
 safety requires that these appliances be treated as unvented.
   5. Although the research regarding the impacts of unvented gas heaters
 is vastly less robust than that regarding gas stoves, the New York State
 Department  of Health nonetheless adopted regulations in January of 2023
 to require labeling of unvented gas heaters  including,  "WARNING:  This
 appliance produces CARBON MONOXIDE, a poisonous gas. You MUST use carbon
 monoxide  alarms  to  avoid  injury or death". Labeling requirements for
 unvented heaters in California also include  warnings  of  exposure  to:
 "...chemicals including benzene, which is known to the state of Califor-
 nia to cause cancer and cause birth defects or other reproductive harm".
   6.  Given that the research regarding gas stoves is even more complete
 and compelling, New York State should also act to inform the  public  as
 has already been done with unvented gas heaters.
   7. The scientific consensus on gas stove emissions is robust and grow-
 ing.    It  is  now  understood that gas stoves can emit carbon monoxide
 (CO), nitrogen dioxide (NO2), benzene, and formaldehyde.  Methane  emis-
 sions  can occur even when the gas stove is turned off. According to the
 Concerned Health Professionals of New York and the Physicians for Social
 Responsibility, "Nearly three-quarters of  methane  emissions  from  gas
 stoves  take  place while the stove is turned off and not in use. At the
 same time levels of hazardous air pollutants from everyday  use  of  gas
 stoves  often exceed the limits of outdoor air quality standards. Indoor
 concentrations are often much higher than  health-protective  guidelines
 set by the World Health Organization."
   8.  According  to  the  Centers  for  Disease  Control and Prevention,
 "Carbon monoxide, or "CO," is an odorless, colorless gas that  can  kill
 you".  The New York State Department of Health refers to carbon monoxide
 as a poisonous gas. Approximately 430 people die each year  from  carbon
 monoxide exposure. Thousands more become ill and seek medical attention.
 Carbon  monoxide  poisoning is estimated to cause more than 50,000 emer-
 gency room visits in the United States each year. According to  the  New
 York State Department of Health, annually, "In New York State, about 200
 people  are hospitalized and over 1800 people visit an emergency depart-
 ment because of accidental CO  poisoning."  The  numbers  of  accidental
 poisonings  are on the rise. The U.S. Consumer Product Safety Commission
 "found evidence of a statistically significant upward trend in  non-fire
 CO  deaths  for  the  11-year  period  from  2009 to 2019". According to
 Preventative Medicine reports, "Accidental, non-fire  related  poisoning
 accounts for over $1.3 billion annually in societal costs."
   9. Notably, while carbon monoxide alarms are an important preventative
 measure  to  lower  the  risk of carbon monoxide poisoning, they are not
 guaranteed to be effective. According to the  National  Carbon  Monoxide
 Awareness  Association:  "Only 14% of families in the US have a properly
 functioning carbon monoxide alarm". An earlier  report  showed  that  in
 2009,  83% of NYC residents reported having CO alarms. However, only 54%
 of them had recently tested or replaced their batteries.
   10. Nitrogen dioxide, or NO2, is a gaseous air pollutant  composed  of
 nitrogen  and oxygen and is formed when fossil fuels are burned. The EPA
 has determined that NO2 is "causal" of more severe respiratory  symptoms
 in  people  with  asthma  and  that long-term exposure to NO2 is "likely
 causal" of respiratory illnesses such as asthma. The New England Journal
 of Medicine has found that,  "Gas  combustion  in  stoves,  boilers  and
 furnaces generates oxides of nitrogen," to which the article attributes,
 A. 9572                             3
 
 "Increased   asthma   risk;  exacerbation  of  COPD  and  cardiovascular
 disease".  The EPA includes NO2 on its  list  of  asthma  triggers,  and
 "unvented  combustion  appliances, e.g. gas stoves" is first on its list
 of "primary sources of NO2 indoors".
   11. Each year, asthma accounts for more than 439,000 hospitalizations,
 1.6  million  emergency  department  visits,  and 10.5 million physician
 office visits in the United States. About 10 people die from the disease
 every day. Asthma has been linked to 13.8 million missed school days and
 14.2 million missed workdays annually. The cost of  treating  asthma  in
 the United States is $62.8 billion every year.
   12.  A  2013 meta-analysis of 41 studies found that children living in
 homes with gas stoves had a 42 percent higher risk of experiencing asth-
 ma symptoms, and, over their lifetime, a 24 percent increase in the risk
 of being diagnosed with asthma, and a 2022 peer-reviewed research  paper
 published  in  the  International  Journal of Environmental Research and
 Public Health found that more than 12% of current childhood asthma cases
 in the US can be attributed to gas stove use. The  same  paper  suggests
 that  attribution  number  is  18.8% of children with asthma in New York
 State.
   13. The asthma crisis does not equally affect all  New  York  communi-
 ties.  Black Americans are approximately two times more likely to die of
 asthma  than  White Americans. Further, the percentage of Black children
 in the U.S. suffering from asthma is nearly twice that  of  White  chil-
 dren,  and  their  death  rate  is ten times higher. According to a 2023
 joint report from the New York State Department of Health  and  the  New
 York City Department of Health and Mental Hygiene, "The burden of asthma
 falls disproportionately among specific demographic groups, specifically
 for  persons and communities of color, where asthma prevalence is higher
 among Black, American Indian, and multiracial New Yorkers." The  Centers
 for  Disease  Control  and  Prevention  concurs  with  the assessment of
 disproportionate burden.
   14. While the age-adjusted asthma mortality rate for New York City  is
 higher  than for New York State as a whole, with the Bronx demonstrating
 a notably higher mortality rate than the other  boroughs,  this  problem
 should  not  be construed as a New York City issue. Other hotspots exist
 around the state. For example, years of academic research  has  convinc-
 ingly  demonstrated  alarmingly  high  rates of asthma on Buffalo's West
 Side. A study by  Dr.  Lwebuga-Mukasa,  Professor  of  Medicine  at  the
 University  of  Buffalo,  found that "nearly 45% of West Side households
 reported at least one case of chronic respiratory illness or asthma".
   15. Gas and propane combustion from gas stoves emits benzene. A  study
 from  the  Stanford  Woods  Institute  for  the Environment found that a
 single gas cooktop burner set on high, or an oven  set  at  350  degrees
 Fahrenheit  can,  "raise  indoor  levels of the carcinogen benzene above
 those of secondhand smoke". According to the World Health  Organization,
 "Human exposure to benzene has been associated with a range of acute and
 long-term  adverse  health  effects  and  diseases, including cancer and
 haematological effects."
   16. Formaldehyde is listed as a human carcinogen and has been found at
 more elevated levels associated with gas burners set to "simmer".
   17. Ventilation of gas stove emissions to  the  outdoors  can  improve
 indoor  air  quality.  However, many homeowners do not have ventilation,
 and it is not required by state law. In addition, studies also show that
 many people who have ventilation systems don't use them,  often  because
 of  noise  concerns. Vents can become blocked with debris and the effec-
 tiveness of ventilation systems can be compromised  by  changes  in  air
 A. 9572                             4

 pressure  in  the  building envelope caused by the opening of windows or
 doors or the activation of bathroom  fans,  for  example.  Lastly,  some
 people with range hoods may be under the mistaken belief that pollutants
 are being vented outdoors when in fact many hoods simply recirculate the
 air into the kitchen after filtering it. The effectiveness of filtration
 varies  widely  and  is  partially  based  on  active maintenance of the
 filtration system.
   18. Therefore it is the intent of the legislature  to  promote  public
 health,  support  informed consumer choice, and create consistent public
 policy, by requiring labeling and signage regarding the  health  impacts
 of gas stoves.
   § 3. The general business law is amended by adding a new section 322-d
 to read as follows:
   §  322-D. LABELING REQUIREMENTS FOR GAS STOVES. 1. FOR THE PURPOSES OF
 THIS SECTION, "GAS STOVE" MEANS A NATURAL GAS STOVE  OR  RANGE  THAT  IS
 USED  FOR  FOOD  PREPARATION,  WHETHER  IN  A  COMMERCIAL OR RESIDENTIAL
 SETTING, AND PROVIDES AT LEAST ONE OF THE FOLLOWING FUNCTIONS:
   (A) SURFACE COOKING;
   (B) OVEN COOKING; OR
   (C) BROILING.
   2. NO PERSON SHALL SELL, ATTEMPT TO SELL,  OR  OFFER  FOR  SALE  TO  A
 CONSUMER  IN  THIS  STATE  A  GAS STOVE THAT IS MANUFACTURED ON OR AFTER
 JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, UNLESS THE  FOLLOWING  REQUIRE-
 MENTS ARE MET:
   (A)  (I)  A  REMOVABLE  LABEL  AFFIXED TO THE GAS STOVE IN A PROMINENT
 LOCATION BEARS THE FOLLOWING MESSAGE:
   "WARNING: GAS STOVES CAN RELEASE NITROGEN DIOXIDE AND CARBON  MONOXIDE
   (A POISONOUS GAS) INSIDE HOMES AT LEVELS EXCEEDING THE EPA'S STANDARDS
   FOR  OUTDOOR AIR QUALITY. THE PRESENCE OF THESE POLLUTANTS MAY EXACER-
   BATE PRE-EXISTING RESPIRATORY ILLNESSES OR LEAD TO THE DEVELOPMENT  OF
   ASTHMA,  ESPECIALLY  IN  CHILDREN.  GAS  STOVES MAY ALSO RELEASE OTHER
   POLLUTANTS INCLUDING BENZENE, AND FORMALDEHYDE."
   (II) THE LABEL SHALL BE AFFIXED TO THE GAS STOVE BY A MANUFACTURER  OR
 IMPORTER  IN  A  CONSPICUOUS  LOCATION  SO  THAT  IT IS EASILY READ BY A
 CONSUMER EXAMINING THE PRODUCT, AND MUST BE IN A TYPE  SIZE  NO  SMALLER
 THAN  THE  LARGEST  TYPE SIZE USED FOR OTHER CONSUMER INFORMATION ON THE
 PRODUCT.
   (B) (I) A SIGN OR POSTER SHALL BE DISPLAYED CONSPICUOUSLY AT THE PREM-
 ISES ON WHICH THE SALE TAKES PLACE BEARING THE MESSAGE REQUIRED BY PARA-
 GRAPH (A) OF THIS SUBDIVISION. SUCH SIGN OR POSTER MUST HAVE CONSPICUOUS
 LETTERING IN AT LEAST SEVENTY-TWO POINT BOLD FACE TYPE, EXCEPT THAT  THE
 WORD  "WARNING"  SHALL  BE  IN AT LEAST TWO-INCH LETTERING. SUCH SIGN OR
 POSTER SHALL BE PLACED AS CLOSE AS  POSSIBLE  TO  THE  PLACE  WHERE  GAS
 STOVES  ARE  SOLD  SO  THAT  IT  IS  NOTICEABLE AND EASILY READABLE BY A
 CONSUMER EXAMINING GAS STOVES FOR SALE.
   (II) IF THE SALE TAKES PLACE ON THE INTERNET, A NOTICE SHALL BE POSTED
 IN A CONSPICUOUS LOCATION ON THE WEB PAGE ON  WHICH  THE  GAS  STOVE  IS
 LISTED  FOR  SALE, BEARING THE MESSAGE REQUIRED BY PARAGRAPH (A) OF THIS
 SUBDIVISION.
   3. THE DEPARTMENT OF STATE MAY ADOPT REGULATIONS REGARDING THE  PLACE-
 MENT  AND  FORMAT  OF  LABELS,  SIGNS,  AND  POSTERS TO COMPLY WITH THIS
 SECTION.
   4. ANY PERSON WHO VIOLATES ANY PROVISION OF THIS SECTION SHALL RECEIVE
 A WARNING NOTICE FOR THE FIRST SUCH VIOLATION. A PERSON SHALL BE  LIABLE
 TO THE STATE OF NEW YORK FOR A CIVIL PENALTY OF FIVE HUNDRED DOLLARS FOR
 THE  FIRST  VIOLATION AFTER RECEIVING A WARNING AND ONE THOUSAND DOLLARS
 A. 9572                             5
 
 FOR ANY SUBSEQUENT VIOLATION IN THE SAME CALENDAR  YEAR.  A  HEARING  OR
 OPPORTUNITY TO BE HEARD SHALL BE PROVIDED PRIOR TO THE ASSESSMENT OF ANY
 CIVIL PENALTY.
   5.  THE DEPARTMENT OF STATE AND THE OFFICE OF THE ATTORNEY GENERAL ARE
 AUTHORIZED TO ENFORCE THE PROVISIONS OF THIS SECTION.
   § 4. This act shall take effect immediately.