Senate Bill S10453

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10453
 
                             I N  S E N A T E
 
                               May 15, 2026
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law, in relation to the  recall  of
   class  B firefighting foam that contains intentionally added PFAS; and
   to repeal certain provisions of such law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (b)  of  subdivision 4 of section 391-u of the
 general business law, as amended by section 1 of part SS of  chapter  58
 of the laws of 2025, is amended to read as follows:
   (b)  A  manufacturer  that at any time manufactured, sold, offered for
 sale, or distributed for sale or use a class B firefighting foam prohib-
 ited under subdivision three of this section shall recall such  product.
 Such  recall shall include collection, transport, treatment, storage and
 safe [disposal] DESTRUCTION of PFAS chemicals THROUGH  OR  BY  A  METHOD
 APPROVED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, and reimburse-
 ment of the retailer or any other purchaser for such product.
   §  2.  Paragraph  (b) of subdivision 3 of section 391-u of the general
 business law, as added by chapter 88 of the laws of 2020, is amended  to
 read as follows:
   (b)  The  restrictions  in paragraph (a) of this subdivision shall not
 apply to the manufacture, sale, or distribution of class B  firefighting
 foam:
   (1)  For  use  in  suppressing  or preventing an ignitable liquid fire
 where the office of fire prevention and control,  in  consultation  with
 the  department  of  environmental  conservation  and  the department of
 health, through promulgation of a rule, exempts a use of class  B  fire-
 fighting  foam  on  the  basis that an alternative firefighting agent to
 which PFAS chemicals have not  been  intentionally  added  and  that  is
 effective  in  suppressing or preventing an ignitable liquid fire is not
 available. If the office of fire prevention and control exempts a use of
 class B firefighting foam from the restrictions in paragraph (a) of this
 subdivision, it shall  re-evaluate  available  alternative  firefighting
 agents  at  least  every  two  years as long as the exemption remains in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00714-11-6
 S. 10453                            2
 
 place, and repeal such exemption upon  a  finding  that  an  alternative
 firefighting  agent  to which PFAS chemicals have not been intentionally
 added is available that is effective in  suppressing  or  preventing  an
 ignitable liquid fire.
   (2)  Where the inclusion of PFAS chemicals are required by federal law
 or regulations. In the event that applicable federal laws or regulations
 change after the effective date of this section  to  allow  the  use  of
 effective alternative firefighting agents that do not contain PFAS chem-
 icals, the office of fire prevention and control [may] SHALL adopt rules
 that restrict PFAS chemicals for the manufacture, sale, and distribution
 of  firefighting  foam for uses that are addressed by the federal law or
 regulation.
   § 3. Paragraphs (a) and (b) of subdivision 5 of section 391-u  of  the
 general  business  law,  as  added by chapter 88 of the laws of 2020 and
 paragraph (a) as amended by section 4 of part SS of chapter  58  of  the
 laws of 2025, are REPEALED.
   §  4.  Paragraph  (c) of subdivision 5 of section 391-u of the general
 business law is redesignated as the opening paragraph of subdivision 5.
   § 5. Subdivision 6 of section 391-u of the general  business  law,  as
 added by chapter 88 of the laws of 2020, is amended to read as follows:
   6.  The  office  of  fire prevention and control may issue guidance to
 state agencies, fire  protection  districts  and  local  governments  in
 avoiding the purchase or use of class B firefighting foams to which PFAS
 chemicals  have been intentionally added [and to give priority and pref-
 erence to the purchase of  firefighting  personal  protective  equipment
 that does not contain PFAS chemicals].
   §  6.  This act shall take effect immediately; provided, however, that
 sections three, four, and five of this act shall take effect January  1,
 2028.