NY State Senate Bill S5648

Current Bill Status - In Senate Committee Environmental Conservation Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 10, 2023	referred to environmental conservation

S5648 (ACTIVE) - Details

See Assembly Version of this Bill:: A3556
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 37 Title 4 §§37-0401 - 37-0407, En Con L
Versions Introduced in 2021-2022 Legislative Session:: A10620

S5648 (ACTIVE) - Summary

Prohibits the sale of certain products that contain intentionally added PFAS on and after January 1, 2025; requires manufacturers of products containing PFAS to provide notice of such fact to persons that offer the products for sale or distribution; provides penalties for violations.

S5648 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S5648

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the sale of products that contain intentionally added PFAS

 
PURPOSE:

This bill would phase-out the sale of products , with regulated amounts
of PFAS or intentionally added PFAS, by January 1, 2024.  These products
include architectural paint; cleaning products: which include air care
products, automotive products, general cleaning products (not including
personal care products), polish or floor maintenance products; cookware,
fabric treatment, rugs, ski wax, textiles and textile articles: which
include non-wearable textile goods, outdoor apparel and PPE.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends Article 37 of the environmental conserva-
tion law, by adding a new title 4, as it relates to phasing out products

containing "perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" as
intentionally added chemicals. All manufacturers of products containing
PFAS shall provide a certificate of compliance, to all distributors and
retailers in this state and such certificate of compliance shall provide
assurance, at a minimum, that the product does not contain any inten-
tionally added PFAS.

If regulated "perfluoroalkyl and polyfluoroalkyl" or "PFAS" are discov-
ered after the issuance of the certificate, the manufacturer shall
recall that covered product and reimburse the distributor or retailer
for same.

The prohibition on distribution, sale, or offer of sale in this title
does not apply to the sale or resale of used products. The department
would be empowered to issue civil penalties for any violations.

Section two of the bill relates to the effective date.

 
JUSTIFICATION:

"Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" are considered
"forever chemicals", meaning, their molecular structure makes them high-
ly resistant to breakdown and thereby they wind up in most of our water
sources. As of 2015, an estimated 25,600 metric tons of PFAS are either
produced in or imported to the United States on an annual basis.

PFAS compounds are used in the production of many commonly used consumer
products including cleaning products, food packaging, non-stick cook-
ware, paints, rugs and stain resistance/waterproof fabrics. The inten-
tional use of PFAS is often used to gain a specific characteristic or
appearance of the product.

As we have seen throughout many of our communities, the impact of PFAS
in our drinking water can be devastating and costly to mitigate. New
York led the nation in our drinking water testing law that set the limit
for certain PFAS compounds at 10 parts per trillion. If any water system
exceeds the limit, they must invest in technology that reduces the pres-
ence of PFAS to an acceptable level. The water system I represent in
Rockland County was found to have several wells with PFAS levels over 10
ppt and are currently installing multi-million dollar filters to remedy
the contamination. While this is necessary, it does not make sense to
remedy contaminated water systems while allowing the contamination to
continue. New York must now take steps to clean up our environment by
getting at the sources of contamination and phasing out the use of PFAS
in products altogether.

 
LEGISLATIVE HISTORY:

A.10629 of 2021-22.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S5648 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5648
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 10, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Environmental Conser-
   vation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   prohibiting the sale of products that contain intentionally added PFAS

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 37 of the environmental conservation law is amended
 by adding a new title 4 to read as follows:
                                 TITLE IV
     PRODUCTS CONTAINING PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES
 SECTION 37-0401. DEFINITIONS.
         37-0403. PROHIBITION ON SALE OF COVERED PRODUCTS.
         37-0405. REQUIRED NOTIFICATION.
         37-0407. VIOLATIONS.
 § 37-0401. DEFINITIONS.
   FOR PURPOSES OF THIS TITLE, THE FOLLOWING  TERMS  HAVE  THE  FOLLOWING
 DEFINITIONS:
   1.  "COVERED PRODUCT" MEANS TEXTILE ARTICLES, RUGS, FABRIC TREATMENTS,
 COOKWARE, SKI WAXES, ARCHITECTURAL PAINTS, OR CLEANING  PRODUCTS,  OR  A
 COMPONENT THEREOF.
   2.  "PERFLUOROALKYL  AND POLYFLUOROALKYL SUBSTANCES" OR "PFAS" MEANS A
 CLASS OF FLUORINATED ORGANIC CHEMICALS CONTAINING  AT  LEAST  ONE  FULLY
 FLUORINATED CARBON ATOM.
   3. "REGULATED PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES" OR "REGU-
 LATED PFAS" MEANS PFAS THAT ARE:
   (A)  AN  INTENTIONALLY ADDED CHEMICAL AS DEFINED IN SUBDIVISION ELEVEN
 OF SECTION 37-0901 OF THIS ARTICLE; OR
   (B) PRESENT IN A PRODUCT OR PRODUCT COMPONENT AT OR ABOVE THE  PRACTI-
 CAL QUANTITATION LIMIT, AS MEASURED IN TOTAL ORGANIC FLUORINE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04738-01-3
 S. 5648                             2

 
   4.  "ARCHITECTURAL  PAINT"  MEANS  INTERIOR AND EXTERIOR ARCHITECTURAL
 COATINGS;  PROVIDED,  HOWEVER,  THAT  "ARCHITECTURAL  PAINT"  SHALL  NOT
 INCLUDE INDUSTRIAL, ORIGINAL EQUIPMENT OR SPECIALTY COATINGS.
   5. (A) "CLEANING PRODUCT" MEANS A FINISHED PRODUCT THAT IS AN AIR CARE
 PRODUCT,  AUTOMOTIVE  PRODUCT,  GENERAL CLEANING PRODUCT, OR A POLISH OR
 FLOOR MAINTENANCE PRODUCT USED PRIMARILY FOR  JANITORIAL,  DOMESTIC,  OR
 INSTITUTIONAL CLEANING PURPOSES.
   (I)  "AIR CARE PRODUCT" MEANS A CHEMICALLY FORMULATED CONSUMER PRODUCT
 LABELED TO INDICATE THAT THE PURPOSE OF THE PRODUCT  IS  TO  ENHANCE  OR
 CONDITION  THE  INDOOR  ENVIRONMENT  BY  ELIMINATING UNPLEASANT ODORS OR
 FRESHENING THE AIR.
   (II) "AUTOMOTIVE PRODUCT" MEANS A CHEMICALLY FORMULATED CONSUMER PROD-
 UCT LABELED TO INDICATE THAT THE PURPOSE OF THE PRODUCT IS  TO  MAINTAIN
 THE  APPEARANCE  OF  A  MOTOR VEHICLE, AS DEFINED IN SECTION ONE HUNDRED
 TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW, INCLUDING PRODUCTS FOR WASH-
 ING, WAXING, POLISHING, CLEANING, OR TREATING THE EXTERIOR  OR  INTERIOR
 SURFACES  OF MOTOR VEHICLES. "AUTOMOTIVE PRODUCT" DOES NOT INCLUDE AUTO-
 MOTIVE PAINT OR PAINT REPAIR PRODUCTS.
   (III) "GENERAL CLEANING PRODUCT" MEANS A  SOAP,  DETERGENT,  OR  OTHER
 CHEMICALLY  FORMULATED  CONSUMER  PRODUCT  LABELED  TO INDICATE THAT THE
 PURPOSE OF THE PRODUCT IS TO CLEAN, DISINFECT,  OR  OTHERWISE  CARE  FOR
 FABRIC,  DISHES, OR OTHER WARES; SURFACES INCLUDING, BUT NOT LIMITED TO,
 FLOORS, FURNITURE,  COUNTERTOPS,  SHOWERS,  AND  BATHS;  OR  OTHER  HARD
 SURFACES, SUCH AS STOVETOPS, MICROWAVES, AND OTHER APPLIANCES.
   (IV)  "POLISH  OR FLOOR MAINTENANCE PRODUCT" MEANS A CHEMICALLY FORMU-
 LATED CONSUMER PRODUCT, SUCH AS POLISH, WAX, A STRIPPER, OR A  RESTORER,
 LABELED  TO  INDICATE  THAT  THE  PURPOSE  OF  THE PRODUCT IS TO POLISH,
 PROTECT, BUFF, CONDITION, TEMPORARILY SEAL, STRIP,  OR  MAINTAIN  FURNI-
 TURE, FLOORS, METAL, LEATHER, OR OTHER SURFACES.
   (B) "CLEANING PRODUCT" SHALL NOT MEAN ANY OF THE FOLLOWING:
   (I) FOODS, DRUGS, AND COSMETICS, INCLUDING PERSONAL CARE ITEMS SUCH AS
 TOOTHPASTE, SHAMPOO, AND HAND SOAP.
   (II) INDUSTRIAL PRODUCTS SPECIFICALLY MANUFACTURED FOR, AND EXCLUSIVE-
 LY  USED  IN  THE  FOLLOWING:  OIL AND GAS PRODUCTION; STEEL PRODUCTION;
 HEAVY INDUSTRY MANUFACTURING;  INDUSTRIAL  WATER  TREATMENT;  INDUSTRIAL
 TEXTILE  MAINTENANCE  AND  PROCESSING  OTHER THAN INDUSTRIAL LAUNDERING;
 FOOD AND BEVERAGE PROCESSING AND PACKAGING; OR OTHER INDUSTRIAL MANUFAC-
 TURING PROCESSES.
   6. "COOKWARE" MEANS DURABLE ITEMS THAT ARE USED IN HOMES, RESTAURANTS,
 INSTITUTIONAL, AND COMMERCIAL KITCHENS TO PREPARE,  DISPENSE,  OR  STORE
 FOOD,  FOODSTUFFS,  OR  BEVERAGES  FOR INDOOR OR OUTDOOR USE. "COOKWARE"
 INCLUDES, BUT IS NOT LIMITED TO, POTS, PANS,  SKILLETS,  GRILLS,  BAKING
 SHEETS, BAKING MOLDS, TRAYS, BOWLS, CAMPING GEAR, AND COOKING UTENSILS.
   7. "FABRIC TREATMENT" MEANS A SUBSTANCE APPLIED TO A FABRIC FOR STAIN,
 GREASE, OR WATER RESISTANCE.
   8.  "MANUFACTURER"  MEANS  ANY  PERSON  THAT MANUFACTURES A PRODUCT OR
 WHOSE BRAND NAME IS AFFIXED TO THE PRODUCT. IN THE  CASE  OF  A  PRODUCT
 IMPORTED INTO THE UNITED STATES, "MANUFACTURER" INCLUDES THE IMPORTER OR
 FIRST  DOMESTIC  DISTRIBUTOR  OF THE PRODUCT IF THE PERSON THAT MANUFAC-
 TURED OR ASSEMBLED THE PRODUCT OR WHOSE BRAND NAME  IS  AFFIXED  TO  THE
 PRODUCT DOES NOT HAVE A PRESENCE IN THE UNITED STATES.
   9.  "RUGS"  MEANS ANY CONSUMER PRODUCTS MADE FROM NATURAL OR SYNTHETIC
 FABRIC INTENDED TO BE USED AS A FLOOR COVERING, OTHER THAN CARPETS,  AND
 INCLUDES HANDMADE RUGS, AREA RUGS, OR MATS.
 S. 5648                             3
 
   10. "SKI WAX" MEANS A LUBRICANT APPLIED TO THE BOTTOM OF SNOW RUNNERS,
 INCLUDING  SKIS  AND SNOWBOARDS, TO IMPROVE THEIR GRIP AND GLIDE PROPER-
 TIES.
   11.  "TEXTILE" MEANS ANY ITEM MADE IN WHOLE OR IN PART FROM A NATURAL,
 MAN-MADE, OR SYNTHETIC FIBER, YARN, OR FABRIC.  TEXTILE INCLUDES, BUT IS
 NOT LIMITED TO, THE FOLLOWING: LEATHER, COTTON, SILK, JUTE, HEMP,  WOOL,
 VISCOSE, NYLON, OR POLYESTER.
   12.  "TEXTILE  ARTICLES"  MEANS  NON-WEARABLE  TEXTILE  GOODS, OUTDOOR
 APPAREL, FOOTWEAR, COSTUMES AND ACCESSORIES.
   (A) "NON-WEARABLE TEXTILE GOODS" MEANS TEXTILE GOODS OF A TYPE CUSTOM-
 ARILY USED IN HOUSEHOLDS AND BUSINESSES THAT ARE NOT  CUSTOMARILY  WORN.
 TEXTILE  ARTICLES  INCLUDE, BUT ARE NOT LIMITED TO, HANDBAGS, BACKPACKS,
 DRAPERIES, SHOWER CURTAINS, FURNISHINGS, UPHOLSTERY,  BEDDINGS,  TOWELS,
 NAPKINS,  AND TABLECLOTHS. FOR THE PURPOSES OF THIS TITLE, TEXTILE ARTI-
 CLES DO NOT INCLUDE RUGS OR PERSONAL PROTECTIVE EQUIPMENT.
   (B) "OUTDOOR APPAREL" MEANS TEXTILES GOODS  THAT  ARE  CLOTHING  ITEMS
 INTENDED  PRIMARILY  FOR  OUTDOOR ACTIVITIES, INCLUDING, BUT NOT LIMITED
 TO, HIKING, CAMPING, SKIING, CLIMBING, BICYCLING, AND FISHING.
   (C) "PERSONAL PROTECTIVE EQUIPMENT" MEANS EQUIPMENT WORN  TO  MINIMIZE
 EXPOSURE  TO HAZARDS THAT CAUSE SERIOUS WORKPLACE INJURIES AND ILLNESSES
 THAT MAY RESULT FROM  CONTACT  WITH  CHEMICAL,  RADIOLOGICAL,  PHYSICAL,
 ELECTRICAL, MECHANICAL, OR OTHER WORKPLACE HAZARDS.
 § 37-0403. PROHIBITION ON SALE OF COVERED PRODUCTS.
   1.  COMMENCING  ON  JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, NO PERSON
 SHALL DISTRIBUTE, SELL, OR OFFER FOR SALE IN THE STATE ANY COVERED PROD-
 UCT  THAT  CONTAINS   REGULATED   PERFLUOROALKYL   AND   POLYFLUOROALKYL
 SUBSTANCES.
   2.  THE  PROHIBITION  ON  DISTRIBUTION,  SALE OR OFFER OF SALE IN THIS
 TITLE DOES NOT APPLY TO THE SALE OR RESALE OF USED PRODUCTS.
 § 37-0405. REQUIRED NOTIFICATION.
   1. A MANUFACTURER OF A  COVERED  PRODUCT  SOLD  INTO  THE  STATE  THAT
 CONTAINS REGULATED PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES OR PFAS
 SHALL PROVIDE PERSONS THAT OFFER THE PRODUCT FOR SALE OR DISTRIBUTION IN
 THE  STATE  WITH A CERTIFICATE OF COMPLIANCE. THE CERTIFICATE OF COMPLI-
 ANCE SHALL PROVIDE ASSURANCE, AT A MINIMUM, THAT THE  PRODUCT  DOES  NOT
 CONTAIN  ANY  INTENTIONALLY  ADDED  PFAS.  ANY CERTIFICATE OF COMPLIANCE
 PROVIDED UNDER THIS SECTION SHALL BE SIGNED BY AN AUTHORIZED OFFICIAL OF
 THE MANUFACTURER.
   2. IF REGULATED PERFLUOROALKYL OR POLYFLUOROALKYL OR PFAS ARE  DISCOV-
 ERED  IN  THE  COVERED  PRODUCT AFTER THE ISSUANCE OF THE CERTIFICATE OF
 COMPLIANCE, THE MANUFACTURER SHALL RECALL THE COVERED PRODUCT AND  REIM-
 BURSE THE DISTRIBUTOR OR RETAILER FOR THE COVERED PRODUCT.
 § 37-0407. VIOLATIONS.
   1.   A VIOLATION OF ANY OF THE PROVISIONS OF THIS TITLE OR ANY RULE OR
 REGULATION PROMULGATED PURSUANT THERETO SHALL BE PUNISHABLE IN THE  CASE
 OF  A  FIRST  VIOLATION,  BY  A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND
 DOLLARS. IN THE CASE OF A SECOND AND ANY FURTHER VIOLATION, THE  LIABIL-
 ITY  SHALL  BE  FOR  A  CIVIL PENALTY NOT TO EXCEED TWENTY-FIVE THOUSAND
 DOLLARS FOR EACH VIOLATION.
   2.  IF THE DEPARTMENT HAS REASON TO BELIEVE  THAT  A  COVERED  PRODUCT
 CONTAINS  REGULATED PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES AND IS
 BEING DISTRIBUTED, SOLD, OR  OFFERED  FOR  SALE  IN  VIOLATION  OF  THIS
 SECTION,  THE  DEPARTMENT  SHALL  DIRECT THE MANUFACTURER OF THE COVERED
 PRODUCT TO, WITHIN THIRTY DAYS:
 S. 5648                             4
 
   (A) PROVIDE THE DEPARTMENT WITH  INDEPENDENT,  THIRD-PARTY  LABORATORY
 TEST  RESULTS  DEMONSTRATING  THAT  THE COVERED PRODUCT DOES NOT CONTAIN
 REGULATED PFAS; OR
   (B)    NOTIFY PERSONS WHO SELL THAT COVERED PRODUCT IN THIS STATE THAT
 THE SALE OF THAT COVERED PRODUCT IS PROHIBITED IN THIS STATE AND PROVIDE
 THE DEPARTMENT WITH A LIST OF THE NAMES AND ADDRESSES OF THOSE NOTIFIED.
   3. A DISTRIBUTOR OR RETAILER  OF  A  PRODUCT,  WHO  IS  NOT  ALSO  THE
 MANUFACTURER  OF  THE  PRODUCT,  SHALL  NOT BE HELD IN VIOLATION OF THIS
 TITLE IF IT CAN SHOW THAT HE OR SHE RELIED IN GOOD FAITH ON THE  CERTIF-
 ICATE  OF  COMPLIANCE PROVIDED FOR IN SUBDIVISION ONE OF SECTION 37-0405
 OF THIS TITLE OR THE RETAILER RECEIVED A NOTIFICATION PURSUANT TO SUBDI-
 VISION TWO OF THIS SECTION.
   4. THE DEPARTMENT SHALL MAKE INFORMATION  ABOUT  ANY  CITATION  ISSUED
 PURSUANT  TO  THIS  SECTION  AVAILABLE  TO  THE  PUBLIC  ON ITS INTERNET
 WEBSITE.
   § 2.  This act shall take effect immediately.

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The New York State Senate

senate Bill S5648

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee

Your Voice

Actions

S5648 (ACTIVE) - Details

S5648 (ACTIVE) - Summary

S5648 (ACTIVE) - Sponsor Memo

S5648 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5648

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Sponsored By

Brad Hoylman-Sigal

Current Bill Status - In Senate Committee Environmental Conservation Committee

Your Voice

Actions

S5648 (ACTIVE) - Details

S5648 (ACTIVE) - Summary

S5648 (ACTIVE) - Sponsor Memo

S5648 (ACTIVE) - Bill Text download pdf

Comments