NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A994
SPONSOR: Fahy TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
prohibiting the use of perfluoroalkyl and polyfluoroalkyl substances
in apparel and outdoor apparel for severe wet conditions
PURPOSE OR GENERAL IDEA OF BILL::
The purpose of this bill is to provide technical amendments to Chapter
820 of the Laws of 2022, which prohibits the use of perfluoroalkyl and
polyfluoroalkyl substances (PFAS)in apparel.
SUMMARY OF PROVISIONS::
This chapter amendment would:
*require the department of Environmental Conservation (DEC) to adopt
regulations to establish numerical thresholds for non-intentionally
added PFAS in apparel;
*revise the definition of "intentionally added chemical" to include PFAS
that results from the breakdown of chemicals and has a technical effect;
*clarify the sales prohibitions for, and define, "outdoor apparel for
severe wet conditions" that contain PFAS;
*make technical changes to definitions;
*create a new civil penalty for violations;
*specify that retailers shall not be held in violation if they relied in
good faith on the manufacturer's certificate of compliance; and,
*create a new date-specific implementation timeline.
JUSTIFICATION::
PFAS are a class of chemicals that have a variety of commercial liquid-
wicking applications, which has led to their presence in a variety of
consumer products. Mounting research has linked well-known PFAS
compounds to adverse health impacts, including kidney and testicular
cancer. This was part of the rationale for the Legislature's passage of
Chapter 820 of the Laws of 2022, which prohibited the use of PFAS in
apparel. This chapter amendment provides technical amendments to that
law, with the goal of providing greater clarity to enhance enforcement
and of providing additional consumer protections.
PRIOR LEGISLATIVE HISTORY::
This is a new bill.
FISCAL IMPLICATIONS::
None.
EFFECTIVE DATE::
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2022 amending the environmental conservation law
relating to prohibiting the use of perfluoroalkyl and polyfluoroalkyl
substances in apparel, as proposed in legislative bills numbers S.6291-A
and A.7036-A, takes effect.
