Senate Bill S8933

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8933
 
                             I N  S E N A T E
 
                             January 16, 2026
                                ___________
 
 Introduced  by  Sen. HELMING -- 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 photovoltaic modules
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The environmental conservation law is amended by adding a
 new section 37-0123 to read as follows:
 § 37-0123. PROHIBITION AGAINST THE USE OF PERFLUOROALKYL AND POLYFLUORO-
              ALKYL SUBSTANCES IN PHOTOVOLTAIC MODULES.
   1. ON AND AFTER JANUARY FIRST, TWO THOUSAND  TWENTY-SEVEN,  NO  PERSON
 SHALL SELL, OFFER FOR SALE OR MANUFACTURE IN THIS STATE ANY PHOTOVOLTAIC
 MODULE  CONTAINING  PERFLUOROALKYL  AND  POLYFLUOROALKYL  SUBSTANCES  AS
 INTENTIONALLY ADDED CHEMICALS.
   2. THE DEPARTMENT MAY ADOPT ANY RULES AND  REGULATIONS  NECESSARY  FOR
 THE PURPOSE OF IMPLEMENTING, ADMINISTERING AND ENFORCING THIS SECTION.
   3.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES"  OR  "PFAS"  SHALL
 HAVE THE SAME MEANING AS IN SECTION 27-3301 OF THIS CHAPTER;
   (B)  "PERSON"  MEANS  ANY  INDIVIDUAL,  BUSINESS  ENTITY, PARTNERSHIP,
 COMPANY, CORPORATION, LIMITED LIABILITY COMPANY, NONPROFIT ORGANIZATION,
 ASSOCIATION, GOVERNMENTAL ENTITY, EDUCATIONAL OR CULTURAL  INSTITUTIONS,
 PUBLIC  BENEFIT  CORPORATION,  OR ANY OTHER GROUP OF INDIVIDUALS, OR ANY
 OFFICER OR EMPLOYEE OR AGENT THEREOF; AND
   (C) "PHOTOVOLTAIC MODULE" MEANS THE SMALLEST  NON-DIVISIBLE,  ENVIRON-
 MENTALLY  PROTECTED ASSEMBLY OF PHOTOVOLTAIC CELLS OR OTHER PHOTOVOLTAIC
 COLLECTOR TECHNOLOGY AND ANCILLARY PARTS INTENDED TO GENERATE ELECTRICAL
 POWER UNDER SUNLIGHT, EXCEPT THAT "PHOTOVOLTAIC MODULE" DOES NOT INCLUDE
 A PHOTOVOLTAIC CELL THAT IS PART OF A  CONSUMER  ELECTRONIC  DEVICE  FOR
 WHICH  IT  PROVIDES  ELECTRICITY  NEEDED TO MAKE THE CONSUMER ELECTRONIC
 DEVICE FUNCTION. "PHOTOVOLTAIC MODULE" INCLUDES BUT IS  NOT  LIMITED  TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13800-01-5
              

 S. 8933                             2
 
 INTERCONNECTIONS,  TERMINALS, AND PROTECTIVE DEVICES SUCH AS DIODES THAT
 ARE:
   (I) INSTALLED ON, CONNECTED TO, OR INTEGRAL WITH BUILDINGS; OR
   (II)  USED  AS  COMPONENTS OF FREESTANDING, OFF-GRID, POWER GENERATION
 SYSTEMS, SUCH AS FOR POWERING WATER PUMPING STATIONS,  ELECTRIC  VEHICLE
 CHARGING STATIONS, FENCING, STREET AND SIGNAGE LIGHTS, AND OTHER COMMER-
 CIAL OR AGRICULTURAL PURPOSES.
   § 2. This act shall take effect immediately.