NY State Senate Bill 2023-S992A

Senate Bill S992A

2023-2024 Legislative Session

Prohibits the sale and distribution of anti-fogging sprays and wipes containing perfluoroalkyl and polyfluoroalkyl substances

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 08, 2024	referred to environmental conservation delivered to assembly passed senate
Feb 07, 2024	advanced to third reading
Feb 06, 2024	2nd report cal. amended 992b
Feb 05, 2024	1st report cal.337
Jan 03, 2024	referred to environmental conservation returned to senate died in assembly
Apr 25, 2023	referred to environmental conservation delivered to assembly passed senate
Apr 19, 2023	advanced to third reading
Apr 18, 2023	2nd report cal. amended 992a
Apr 17, 2023	1st report cal.609
Jan 09, 2023	referred to environmental conservation

Votes

- May 8, 2024 - Floor Vote
  S992A
  
  55
  
  Aye
  
  4
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 8, 2024
      
      aye (55)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Helming
      
      Hinchey
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      nay (4)
      
      Borrello
      
      Griffo
      
      Lanza
      
      Oberacker
      
      excused (3)
      
      Hoylman-Sigal
      
      O'Mara
      
      Walczyk
  Apr 25, 2023 - Floor Vote
  S992A
  
  57
  
  Aye
  
  4
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Apr 25, 2023
      
      aye (57)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      nay (4)
      
      Borrello
      
      Griffo
      
      Lanza
      
      Oberacker
      
      excused (2)
      
      Cooney
      
      Rolison
  Feb 5, 2024 - Environmental Conservation Committee Vote
  S992A
  
  10
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: Feb 5, 2024
      
      aye (10)
      
      Harckham
      
      Hinchey
      
      Kavanagh
      
      Mannion
      
      Martinez
      
      May
      
      Palumbo
      
      Serrano
      
      Skoufis
      
      Stec
      
      aye wr (1)
      
      Canzoneri-Fitzpatrick
  Apr 17, 2023 - Environmental Conservation Committee Vote
  S992A
  
  8
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: Apr 17, 2023
      
      aye (8)
      
      Harckham
      
      Hinchey
      
      Kavanagh
      
      Mannion
      
      Martinez
      
      May
      
      Serrano
      
      Skoufis
      
      aye wr (3)
      
      Canzoneri-Fitzpatrick
      
      Palumbo
      
      Stec

Bill Amendments

Original

B (Active)

co-Sponsors

2023-S992 - Details

See Assembly Version of this Bill:: A5363
Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 37 Title 11 §§37-1101 - 37-1113, En Con L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S8188
2025-2026: A4525

2023-S992 - Summary

Prohibits the sale and distribution of anti-fogging sprays and wipes containing perfluoroalkyl and polyfluoroalkyl substances; provides penalties for violations.

2023-S992 - Sponsor Memo

                                 
BILL NUMBER: S992

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the sale and distribution of anti-fogging sprays and wipes
containing perfluoroalkyl and polyfluoroalkyl substances

 
PURPOSE:

To amend the environmental conservation law, in relating to prohibiting
the sale and distribution of anti-fogging sprays and wipes containing
perfluoroalkyl and polyfluoroalkyl substances

 
SUMMARY OF SPECIFIC PROVISIONS:

Article 37 of the environmental conservation law is amended by adding a
new Title 11.

Section 1 of the bill adds provisions to the environmental conservation
law to ban the sale and distribution of PFAS chemicals in anti-fogging

sprays and wipes, provide for product labeling, and sets violations
punishable by civil penalty not to exceed ten thousand dollars for the
first violation; further violations not to exceed twenty-five thousand
dollars for each violation.

Section 2 provides for severability.

Section 3 is the effective date.

 
JUSTIFICATION:

A new study conducted by Duke University found that many of the top-rat-
ed anti-fogging sprays and wipes used to prevent condensation on
eyeglasses contain high levels of PFAS chemicals. Exposure to some PFAS
chemicals have been linked to many health problems including kidney
cancer, testicular cancer, thyroid disease, birth defects, and fertility
complications. This bill would ban the entire class of PFAS chemicals
from anti-fogging sprays and wipes used in New York.

Anti-fogging sprays and wipes are a key place to look for PFAS chemi-
cals, as they often include fluorotelomer alcohols (FTOHs) and fluoro-
telomer ethoxylates (FTEOs), two types of PFAS chemicals.  Current
research suggests that FTOHs inhaled or absorbed through the skin can
break down in the body and become toxic and long-lasting.  These chemi-
cals can also cause water contamination from disposal.

During the pandemic, as masks cause eyeglasses to fog up at a rapid
rate, people have been using these products daily, raising serious
health concerns.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.
 
EFFECTIVE DATE:
December 31, 2023

2023-S992 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    992
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 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 sale and distribution of anti-fogging sprays and wipes
   containing perfluoroalkyl and polyfluoroalkyl substances

   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 11 to read as follows:
                                  TITLE 11
               PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES
 
 SECTION 37-1101. DEFINITIONS.
         37-1103. APPLICABILITY.
         37-1105. PROHIBITION ON THE SALE AND DISTRIBUTION  OF  ANTI-FOG-
                    GING  SPRAYS  AND WIPES CONTAINING PERFLUOROALKYL AND
                    POLYFLUOROALKYL SUBSTANCES.
         37-1107. PRODUCT LABELING.
         37-1109. PREEMPTION.
         37-1111. RULES AND REGULATIONS.
         37-11113. VIOLATIONS.
 § 37-1101. DEFINITIONS.
   AS USED IN THIS TITLE:
   1. "ANTI-FOGGING SPRAYS AND WIPES"  MEANS  ANY  PRODUCT,  INCLUDING  A
 SPRAY,  CLOTH,  WIPE  OR  OTHER  MATERIAL,  THAT  IS INTENDED TO PREVENT
 CONDENSATION ON EYEGLASSES.
   2. "DISTRIBUTOR" MEANS A PERSON,  FIRM,  ASSOCIATION,  PARTNERSHIP  OR
 CORPORATION,  WHO  OR  WHICH  IMPORTS  OR CAUSES TO BE IMPORTED INTO THE
 STATE, ANY PRODUCT CONTAINING PFAS SUBSTANCES.
   3. "INTENTIONALLY ADDED CHEMICAL"  SHALL  HAVE  THE  SAME  MEANING  AS
 SUBDIVISION ELEVEN OF SECTION 37-0901 OF THIS ARTICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04073-01-3

 S. 992                              2
 
   4.  "MANUFACTURER"  MEANS  A PERSON, FIRM, ASSOCIATION, PARTNERSHIP OR
 CORPORATION, WHO OR WHICH MAKES PRODUCTS CONTAINING PFAS SUBSTANCES.
   5.   "PERFLUOROALKYL   AND   POLYFLUOROALKYL   SUBSTANCES"   OR  "PFAS
 SUBSTANCES" MEANS A CLASS OF FLUORINATED ORGANIC CHEMICALS CONTAINING AT
 LEAST ONE FULLY FLUORINATED CARBON ATOM.
   6. "PERSON" MEANS A NATURAL PERSON, CORPORATION, COMPANY, PARTNERSHIP,
 TRUST OR ASSOCIATION.
 § 37-1103. APPLICABILITY.
   THE PROVISIONS OF THIS TITLE SHALL APPLY TO  THE  DISTRIBUTION,  SALE,
 OFFER FOR SALE OR OFFER FOR DISTRIBUTION OF PRODUCTS CONTAINING PERFLUO-
 ROALKYL AND POLYFLUOROALKYL SUBSTANCES ON OR AFTER THE EFFECTIVE DATE OF
 THIS TITLE.
 § 37-1105. PROHIBITION  ON  THE  SALE  AND  DISTRIBUTION OF ANTI-FOGGING
              SPRAYS AND WIPES CONTAINING PERFLUOROALKYL AND  POLYFLUORO-
              ALKYL SUBSTANCES.
   NO PERSON SHALL DISTRIBUTE, SELL, OFFER FOR SALE OR OFFER FOR DISTRIB-
 UTION  IN THIS STATE ANTI-FOGGING SPRAYS AND WIPES CONTAINING PERFLUORO-
 ALKYL AND POLYFLUOROALKYL SUBSTANCES AS INTENTIONALLY ADDED CHEMICALS.
 § 37-1107. PRODUCT LABELING.
   THE COMMISSIONER MAY AUTHORIZE PRODUCT LABELING OF  PRODUCTS  THAT  DO
 NOT  CONTAIN  PERFLUOROALKYL  AND  POLYFLUOROALKYL  SUBSTANCES REGULATED
 PURSUANT TO THE PROVISIONS OF THIS TITLE. THE LABEL ON SUCH PRODUCTS MAY
 PROMINENTLY   STATE   "PERFLUOROALKYL   AND   POLYFLUOROALKYL-FREE"   OR
 "PFAS-FREE"  TO  INFORM  CONSUMERS  THAT  THE  PRODUCT  DOES NOT CONTAIN
 PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES.
 § 37-1109. PREEMPTION.
   TO THE EXTENT NOT INCONSISTENT WITH FEDERAL LAW, JURISDICTION  IN  ALL
 MATTERS PERTAINING TO PRODUCTS CONTAINING PERFLUOROALKYL AND POLYFLUORO-
 ALKYL  SUBSTANCES WHICH ARE REGULATED PURSUANT TO THE PROVISIONS OF THIS
 TITLE SHALL BE VESTED EXCLUSIVELY IN THE STATE.
 § 37-1111. RULES AND REGULATIONS.
   THE COMMISSIONER SHALL HAVE THE POWER TO ADOPT RULES  AND  REGULATIONS
 TO PROVIDE FOR THE EFFECTIVE APPLICATION AND ENFORCEMENT OF THIS TITLE.
 § 37-1113. VIOLATIONS.
   1.  A  VIOLATION OF ANY OF THE PROVISIONS OF THIS TITLE OR OF 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.  NO  PERSON SHALL BE HELD IN VIOLATION OF THIS TITLE IF SUCH PERSON
 CAN SHOW THAT, IN THE PURCHASE OF  A  PRODUCT  FROM  A  MANUFACTURER  OR
 DISTRIBUTOR,  SUCH  PERSON RELIED IN GOOD FAITH ON THE WRITTEN ASSURANCE
 OF THE MANUFACTURER OR DISTRIBUTOR OF SUCH PRODUCT THAT SUCH PRODUCT MET
 THE REQUIREMENTS OF THIS TITLE. SUCH WRITTEN ASSURANCE SHALL  TAKE  SUCH
 FORM AS SHALL BE PRESCRIBED BY THE DEPARTMENT BY REGULATION.
   §  2. Severability. If any clause, sentence, paragraph, subdivision or
 section of this act shall be adjudged by any court of  competent  juris-
 diction to be invalid, such judgment shall not affect, impair, or inval-
 idate  the  remainder thereof, but shall be confined in its operation to
 the clause, sentence, paragraph, subdivision, section  or  part  thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered. It is hereby declared to be the intent of the legislature
 that this act would have been enacted even if  such  invalid  provisions
 had not been included herein.
 S. 992                              3
 
   §  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  and  directed  to  be  made  and completed on or before such
 effective date.

co-Sponsors

2023-S992A - Details

See Assembly Version of this Bill:: A5363
Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 37 Title 11 §§37-1101 - 37-1113, En Con L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S8188
2025-2026: A4525

2023-S992A - Summary

Prohibits the sale and distribution of anti-fogging sprays and wipes containing perfluoroalkyl and polyfluoroalkyl substances; provides penalties for violations.

2023-S992A - Sponsor Memo

                                 
BILL NUMBER: S992A

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the sale and distribution of anti-fogging sprays and wipes
containing perfluoroalkyl and polyfluoroalkyl substances

 
PURPOSE:

To amend the environmental conservation law, in relating to prohibiting
the sale and distribution of anti-fogging sprays and wipes containing
perfluoroalkyl and polyfluoroalkyl substances

 
SUMMARY OF SPECIFIC PROVISIONS:

Article 37 of the environmental conservation law is amended by adding a
new Title 11: Perfluoroalkyl and Polyfluoroalkyl Substances in Anti-Fog-
ging Products

Section 1 of the bill adds provisions to the environmental conservation

law to ban the sale and distribution of PFAS chemicals in anti-fogging
sprays and wipes, provide for product labeling, and sets violations
punishable by civil penalty not to exceed ten thousand dollars for the
first violation; further violations not to exceed twenty-five thousand
dollars for each violation.

Section 2 provides for severability.

Section 3 is the effective date. This act shall take effect December 31,
2024.

 
JUSTIFICATION:

A new study conducted by Duke University found that many of the top-rat-
ed anti-fogging sprays and wipes used to prevent condensation on
eyeglasses contain high levels of PFAS chemicals. Exposure to some PFAS
chemicals have been linked to many health problems including kidney
cancer, testicular cancer, thyroid disease, birth defects, and fertility
complications. This bill would ban the entire class of PFAS chemicals
from anti-fogging sprays and wipes used in New York.

Anti-fogging sprays and wipes often include fluorotelomer alcohols
(FT0Hs) and fluorotelomer ethoxylates (FTE0s), two types of PFAS chemi-
cals. Current research suggests that FTOHs inhaled or absorbed through
the skin can break down in the body and become toxic and long-lasting,
even in small amounts. These chemicals can also cause water contam-
ination from disposal.

A product used daily by many, the frequent use of this product raises
increased health concerns.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
December 31, 2023

2023-S992A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  992--A
     Cal. No. 609
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by Sens. HOYLMAN-SIGAL, MAY -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Environmental
   Conservation -- reported favorably from  said  committee,  ordered  to
   first  report, amended on first report, ordered to a second report and
   ordered reprinted, retaining its place in the order of second report
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   prohibiting the sale and distribution of anti-fogging sprays and wipes
   containing perfluoroalkyl and polyfluoroalkyl substances
 
   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 11 to read as follows:
                                  TITLE 11
  PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES IN ANTI-FOGGING PRODUCTS
 
 SECTION 37-1101. DEFINITIONS.
         37-1103. APPLICABILITY.
         37-1105. PROHIBITION ON THE SALE AND DISTRIBUTION  OF  ANTI-FOG-
                    GING  SPRAYS  AND WIPES CONTAINING PERFLUOROALKYL AND
                    POLYFLUOROALKYL SUBSTANCES.
         37-1107. PRODUCT LABELING.
         37-1109. PREEMPTION.
         37-1111. RULES AND REGULATIONS.
         37-1113. VIOLATIONS.
 § 37-1101. DEFINITIONS.
   AS USED IN THIS TITLE:
   1. "ANTI-FOGGING SPRAYS AND WIPES"  MEANS  ANY  PRODUCT,  INCLUDING  A
 SPRAY,  CLOTH,  WIPE  OR  OTHER  MATERIAL,  THAT  IS INTENDED TO PREVENT
 CONDENSATION ON EYEGLASSES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04073-04-3
 S. 992--A                           2

 
   2. "DISTRIBUTOR" MEANS A PERSON,  FIRM,  ASSOCIATION,  PARTNERSHIP  OR
 CORPORATION,  WHO  OR  WHICH  IMPORTS  OR CAUSES TO BE IMPORTED INTO THE
 STATE, ANY PRODUCT CONTAINING PFAS SUBSTANCES.
   3.  "INTENTIONALLY  ADDED  CHEMICAL"  SHALL  HAVE  THE SAME MEANING AS
 SUBDIVISION ELEVEN OF SECTION 37-0901 OF THIS ARTICLE.
   4. "MANUFACTURER" MEANS A PERSON, FIRM,  ASSOCIATION,  PARTNERSHIP  OR
 CORPORATION, WHO OR WHICH MAKES PRODUCTS CONTAINING PFAS SUBSTANCES.
   5.   "PERFLUOROALKYL   AND   POLYFLUOROALKYL   SUBSTANCES"   OR  "PFAS
 SUBSTANCES" MEANS A CLASS OF FLUORINATED ORGANIC CHEMICALS CONTAINING AT
 LEAST ONE FULLY FLUORINATED CARBON ATOM.
   6. "PERSON" MEANS A NATURAL PERSON, CORPORATION, COMPANY, PARTNERSHIP,
 TRUST OR ASSOCIATION.
 § 37-1103. APPLICABILITY.
   THE PROVISIONS OF THIS TITLE SHALL APPLY TO  THE  DISTRIBUTION,  SALE,
 OFFER FOR SALE OR OFFER FOR DISTRIBUTION OF PRODUCTS CONTAINING PERFLUO-
 ROALKYL AND POLYFLUOROALKYL SUBSTANCES ON OR AFTER THE EFFECTIVE DATE OF
 THIS TITLE.
 § 37-1105. PROHIBITION  ON  THE  SALE  AND  DISTRIBUTION OF ANTI-FOGGING
              SPRAYS AND WIPES CONTAINING PERFLUOROALKYL AND  POLYFLUORO-
              ALKYL SUBSTANCES.
   NO PERSON SHALL DISTRIBUTE, SELL, OFFER FOR SALE OR OFFER FOR DISTRIB-
 UTION  IN THIS STATE ANTI-FOGGING SPRAYS AND WIPES CONTAINING PERFLUORO-
 ALKYL AND POLYFLUOROALKYL SUBSTANCES AS INTENTIONALLY ADDED CHEMICALS.
 § 37-1107. PRODUCT LABELING.
   THE COMMISSIONER MAY AUTHORIZE PRODUCT LABELING OF  PRODUCTS  THAT  DO
 NOT  CONTAIN  PERFLUOROALKYL  AND  POLYFLUOROALKYL  SUBSTANCES REGULATED
 PURSUANT TO THE PROVISIONS OF THIS TITLE. THE LABEL ON SUCH PRODUCTS MAY
 PROMINENTLY   STATE   "PERFLUOROALKYL   AND   POLYFLUOROALKYL-FREE"   OR
 "PFAS-FREE"  TO  INFORM  CONSUMERS  THAT  THE  PRODUCT  DOES NOT CONTAIN
 PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES.
 § 37-1109. PREEMPTION.
   TO THE EXTENT NOT INCONSISTENT WITH FEDERAL LAW, JURISDICTION  IN  ALL
 MATTERS PERTAINING TO PRODUCTS CONTAINING PERFLUOROALKYL AND POLYFLUORO-
 ALKYL  SUBSTANCES WHICH ARE REGULATED PURSUANT TO THE PROVISIONS OF THIS
 TITLE SHALL BE VESTED EXCLUSIVELY IN THE STATE.
 § 37-1111. RULES AND REGULATIONS.
   THE COMMISSIONER SHALL HAVE THE POWER TO ADOPT RULES  AND  REGULATIONS
 TO PROVIDE FOR THE EFFECTIVE APPLICATION AND ENFORCEMENT OF THIS TITLE.
 § 37-1113. VIOLATIONS.
   1.  A  VIOLATION OF ANY OF THE PROVISIONS OF THIS TITLE OR OF 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.  NO  PERSON SHALL BE HELD IN VIOLATION OF THIS TITLE IF SUCH PERSON
 CAN SHOW THAT, IN THE PURCHASE OF  A  PRODUCT  FROM  A  MANUFACTURER  OR
 DISTRIBUTOR,  SUCH  PERSON RELIED IN GOOD FAITH ON THE WRITTEN ASSURANCE
 OF THE MANUFACTURER OR DISTRIBUTOR OF SUCH PRODUCT THAT SUCH PRODUCT MET
 THE REQUIREMENTS OF THIS TITLE. SUCH WRITTEN ASSURANCE SHALL  TAKE  SUCH
 FORM AS SHALL BE PRESCRIBED BY THE DEPARTMENT BY REGULATION.
   §  2. Severability. If any clause, sentence, paragraph, subdivision or
 section of this act shall be adjudged by any court of  competent  juris-
 diction to be invalid, such judgment shall not affect, impair, or inval-
 idate  the  remainder thereof, but shall be confined in its operation to
 the clause, sentence, paragraph, subdivision, section  or  part  thereof
 S. 992--A                           3
 
 directly  involved  in the controversy in which such judgment shall have
 been rendered. It is hereby declared to be the intent of the legislature
 that this act would have been enacted even if  such  invalid  provisions
 had not been included herein.
   §  3.  This  act  shall take effect December 31, 2024. 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.

co-Sponsors

View additional co-sponsors

2023-S992B (ACTIVE) - Details

See Assembly Version of this Bill:: A5363
Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 37 Title 11 §§37-1101 - 37-1113, En Con L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S8188
2025-2026: A4525

2023-S992B (ACTIVE) - Summary

Prohibits the sale and distribution of anti-fogging sprays and wipes containing perfluoroalkyl and polyfluoroalkyl substances; provides penalties for violations.

2023-S992B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S992B

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the sale and distribution of anti-fogging sprays and wipes
containing perfluoroalkyl and polyfluoroalkyl substances

 
PURPOSE:

To amend the environmental conservation law, in relating to prohibiting
the sale and distribution of anti-fogging sprays and wipes containing
perfluoroalkyl and polyfluoroalkyl substances

 
SUMMARY OF SPECIFIC PROVISIONS:

Article 37 of the environmental conservation law is amended by adding a
new Title 11: Perfluoroalkyl and Polyfluoroalkyl Substances in Anti-Fog-
ging Products

Section 1 of the bill adds provisions to the environmental conservation

law to ban the sale and distribution of PFAS chemicals in anti-fogging
sprays and wipes, provide for product labeling, and sets violations
punishable by civil penalty not to exceed ten thousand dollars for the
first violation; further violations not to exceed twenty-five thousand
dollars for each violation.

Section 2 provides for severability.

Section 3 is the effective date. This act shall take effect December 31,
2025.

 
JUSTIFICATION:

A new study conducted by Duke University found that many of the top-rat-
ed anti-fogging sprays and wipes used to prevent condensation on
eyeglasses contain high levels of PFAS chemicals. Exposure to some PFAS
chemicals have been linked to many health problems including kidney
cancer, testicular cancer, thyroid disease, birth defects, and fertility
complications. This bill would ban the entire class of PFAS chemicals
from anti-fogging sprays and wipes used in New York.

Anti-fogging sprays and wipes often include fluorotelomer alcohols
(FTOHs) and fluorotelomer ethoxylates (FTEOs), two types of PFAS chemi-
cals. Current research suggests that FTOHs inhaled or absorbed through
the skin can break down in the body and become toxic and long-lasting,
even in small amounts. These chemicals can also cause water contam-
ination from disposal.

A product used daily by many, the frequent use of this product raises
increased health concerns.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
December 31, 2025

2023-S992B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  992--B
     Cal. No. 337
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by Sens. HOYLMAN-SIGAL, BROUK, MAY -- read twice and ordered
   printed, and when printed to be committed to the Committee on Environ-
   mental Conservation -- reported favorably from said committee, ordered
   to first report, amended on first report, ordered to a  second  report
   and  ordered  reprinted,  retaining  its  place in the order of second
   report -- recommitted to the Committee on  Environmental  Conservation
   in  accordance  with  Senate Rule 6, sec. 8 -- reported favorably from
   said committee, ordered to first  report,  amended  on  first  report,
   ordered  to a second report and ordered reprinted, retaining its place
   in the order of second report
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   prohibiting the sale and distribution of anti-fogging sprays and wipes
   containing perfluoroalkyl and polyfluoroalkyl substances
 
   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 11 to read as follows:
                                  TITLE 11
  PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES IN ANTI-FOGGING PRODUCTS
 
 SECTION 37-1101. DEFINITIONS.
         37-1103. APPLICABILITY.
         37-1105. PROHIBITION ON THE SALE AND DISTRIBUTION  OF  ANTI-FOG-
                    GING  SPRAYS  AND WIPES CONTAINING PERFLUOROALKYL AND
                    POLYFLUOROALKYL SUBSTANCES.
         37-1107. PRODUCT LABELING.
         37-1109. PREEMPTION.
         37-1111. RULES AND REGULATIONS.
         37-1113. VIOLATIONS.
 § 37-1101. DEFINITIONS.
   AS USED IN THIS TITLE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04073-08-4
 S. 992--B                           2
 
   1. "ANTI-FOGGING SPRAYS AND WIPES"  MEANS  ANY  PRODUCT,  INCLUDING  A
 SPRAY,  CLOTH,  WIPE  OR  OTHER  MATERIAL,  THAT  IS INTENDED TO PREVENT
 CONDENSATION ON EYEGLASSES.
   2.  "DISTRIBUTOR"  MEANS  A  PERSON, FIRM, ASSOCIATION, PARTNERSHIP OR
 CORPORATION, WHO OR WHICH IMPORTS OR CAUSES  TO  BE  IMPORTED  INTO  THE
 STATE, ANY PRODUCT CONTAINING PFAS SUBSTANCES.
   3.  "INTENTIONALLY  ADDED  CHEMICAL"  SHALL  HAVE  THE SAME MEANING AS
 SUBDIVISION ELEVEN OF SECTION 37-0901 OF THIS ARTICLE.
   4. "MANUFACTURER" MEANS A PERSON, FIRM,  ASSOCIATION,  PARTNERSHIP  OR
 CORPORATION, WHO OR WHICH MAKES PRODUCTS CONTAINING PFAS SUBSTANCES.
   5.   "PERFLUOROALKYL   AND   POLYFLUOROALKYL   SUBSTANCES"   OR  "PFAS
 SUBSTANCES" MEANS A CLASS OF FLUORINATED ORGANIC CHEMICALS CONTAINING AT
 LEAST ONE FULLY FLUORINATED CARBON ATOM.
   6. "PERSON" MEANS A NATURAL PERSON, CORPORATION, COMPANY, PARTNERSHIP,
 TRUST OR ASSOCIATION.
 § 37-1103. APPLICABILITY.
   THE PROVISIONS OF THIS TITLE SHALL APPLY TO  THE  DISTRIBUTION,  SALE,
 OFFER FOR SALE OR OFFER FOR DISTRIBUTION OF PRODUCTS CONTAINING PERFLUO-
 ROALKYL AND POLYFLUOROALKYL SUBSTANCES ON OR AFTER THE EFFECTIVE DATE OF
 THIS TITLE.
 § 37-1105. PROHIBITION  ON  THE  SALE  AND  DISTRIBUTION OF ANTI-FOGGING
              SPRAYS AND WIPES CONTAINING PERFLUOROALKYL AND  POLYFLUORO-
              ALKYL SUBSTANCES.
   NO PERSON SHALL DISTRIBUTE, SELL, OFFER FOR SALE OR OFFER FOR DISTRIB-
 UTION  IN THIS STATE ANTI-FOGGING SPRAYS AND WIPES CONTAINING PERFLUORO-
 ALKYL AND POLYFLUOROALKYL SUBSTANCES AS INTENTIONALLY ADDED CHEMICALS.
 § 37-1107. PRODUCT LABELING.
   THE COMMISSIONER MAY AUTHORIZE PRODUCT LABELING OF  PRODUCTS  THAT  DO
 NOT  CONTAIN  PERFLUOROALKYL  AND  POLYFLUOROALKYL  SUBSTANCES REGULATED
 PURSUANT TO THE PROVISIONS OF THIS TITLE. THE LABEL ON SUCH PRODUCTS MAY
 PROMINENTLY   STATE   "PERFLUOROALKYL   AND   POLYFLUOROALKYL-FREE"   OR
 "PFAS-FREE"  TO  INFORM  CONSUMERS  THAT  THE  PRODUCT  DOES NOT CONTAIN
 PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES.
 § 37-1109. PREEMPTION.
   TO THE EXTENT NOT INCONSISTENT WITH FEDERAL LAW, JURISDICTION  IN  ALL
 MATTERS PERTAINING TO PRODUCTS CONTAINING PERFLUOROALKYL AND POLYFLUORO-
 ALKYL  SUBSTANCES WHICH ARE REGULATED PURSUANT TO THE PROVISIONS OF THIS
 TITLE SHALL BE VESTED EXCLUSIVELY IN THE STATE.
 § 37-1111. RULES AND REGULATIONS.
   THE COMMISSIONER SHALL HAVE THE POWER TO ADOPT RULES  AND  REGULATIONS
 TO PROVIDE FOR THE EFFECTIVE APPLICATION AND ENFORCEMENT OF THIS TITLE.
 § 37-1113. VIOLATIONS.
   1.  A  VIOLATION OF ANY OF THE PROVISIONS OF THIS TITLE OR OF 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.  NO  PERSON SHALL BE HELD IN VIOLATION OF THIS TITLE IF SUCH PERSON
 CAN SHOW THAT, IN THE PURCHASE OF  A  PRODUCT  FROM  A  MANUFACTURER  OR
 DISTRIBUTOR,  SUCH  PERSON RELIED IN GOOD FAITH ON THE WRITTEN ASSURANCE
 OF THE MANUFACTURER OR DISTRIBUTOR OF SUCH PRODUCT THAT SUCH PRODUCT MET
 THE REQUIREMENTS OF THIS TITLE. SUCH WRITTEN ASSURANCE SHALL  TAKE  SUCH
 FORM AS SHALL BE PRESCRIBED BY THE DEPARTMENT BY REGULATION.
   §  2. Severability. If any clause, sentence, paragraph, subdivision or
 section of this act shall be adjudged by any court of  competent  juris-
 S. 992--B                           3
 
 diction to be invalid, such judgment shall not affect, impair, or inval-
 idate  the  remainder thereof, but shall be confined in its operation to
 the clause, sentence, paragraph, subdivision, section  or  part  thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered. It is hereby declared to be the intent of the legislature
 that this act would have been enacted even if  such  invalid  provisions
 had not been included herein.
   §  3.  This  act  shall take effect December 31, 2025. 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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Senate Bill S992A

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Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2023-S992 - Details

2023-S992 - Summary

2023-S992 - Sponsor Memo

2023-S992 - Bill Text download pdf

co-Sponsors

2023-S992A - Details

2023-S992A - Summary

2023-S992A - Sponsor Memo

2023-S992A - Bill Text download pdf

co-Sponsors

2023-S992B (ACTIVE) - Details

2023-S992B (ACTIVE) - Summary

2023-S992B (ACTIVE) - Sponsor Memo

2023-S992B (ACTIVE) - Bill Text download pdf

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