Prohibits the sale of playground surfacing materials that contain PFAS, PAHs or lead; prevents sellers of playground surfacing materials that contain PFAS, PAHs or lead from being held in violation when relying in good faith on a certificate of compliance provided by the manufacturer; provides penalties for violations.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7594C
SPONSOR: Lunsford TITLE OF BILL:
An act to amend the environmental conservation law, in relation to the
regulation of toxic substances in playground surfacing materials
PURPOSE OR GENERAL IDEA OF BILL:
To prohibit manufacturers from including intentionally added PFAS, PAHs,
or lead as components of playground surfacing materials.
SUMMARY OF PROVISIONS:
Section one of the bill amends the environmental conservation law to
prohibit manufacturers in the state from selling or offering for sale
playground surfacing materials that contain intentionally added PFAS,
PAHs, or lead. Section one also prohibits manufacturers from selling
playground surfacing materials containing PFAS, PAHs, or lead at or
above a level determined by the Department of Environmental Conserva-
tion. It requires manufacturers to provide individuals who sell play-
ground surfacing materials in the state with a certificate of compli-
ance.
Section two states that a civil penalty not to exceed $1,000 per day
shall be imposed on individuals upon their first violation. In the case
of a second violation, that penalty is not to exceed $2,500.
Section three is the effective date.
JUSTIFICATION:
Playgrounds are an essential part of childhood development. They offer a
safe place for children to explore, enhance social, emotional, and phys-
ical learning, develop social skills, exercise, and build relationships.
Unfortunately, many playgrounds are made with toxic materials, including
PFAS, which undermines the health and safety of children and can stymie
development.
This bill would prohibit manufacturers from including Per- and Polyfluo-
rinated Substances (PFAS), lead, or Polycyclic Aromatic Hydrocarbons
(PAHs) in amounts that exceed levels established by the Department of
Environmental Conservation as a component of playground surfacing mate-
rials. Manufacturers are also prohibited from intentionally adding PFAS,
lead, or PAHs to playground surfacing materials. All three of these
substances are known to be harmful to humans, and the risk they pose to
children is especially great. While there are many different kinds of
PFAS, Perfluorooctanoic Acid (PFOA), the most common and well-studied
kind, was classified by the International Agency for Research on Cancer
(IARC) Monograph Program as carcinogenic to humans. Similarly, there is
evidence that exposure to PAHs may increase the risk of cancer and
cardiovascular disease among other illnesses. Lead is especially infa-
mous for its irreversible harmful effects on children, causing increased
antisocial behavior, lowered success in school, anemia, and other nega-
tive health consequences.
It is clear that children in New York should have as little exposure to
lead, PFAS, and PAHs as possible. And yet too often, playground surfac-
ing materials have been found to contain all three. By prohibiting these
substances from being included in playground surfacing materials, impos-
ing fines on individuals found in violation of this law, and requiring
manufacturers of playground surfacing materials to provide certificates
of compliance, this bill would make playgrounds in the state safer,
protecting the health of the children of New York State.
The bill has been amended to now apply to all playground material sold
on or after December 31, 2027.
PRIOR HISTORY:
2026: Same-as Bill (S.3852-C/Hinchey)
2025: Similar Bill (S.3852-A/Hinchey) Passed Senate, 53-0
2024: Similar Bill (S.8932-A/Hinchey) Passed Senate, 61-0
FISCAL IMPLICATIONS:
To be determined.
STATE OF NEW YORK
________________________________________________________________________
7594--C
2025-2026 Regular Sessions
IN ASSEMBLY
April 1, 2025
___________
Introduced by M. of A. LUNSFORD, LEVENBERG, GRIFFIN, DINOWITZ, SHIMSKY,
SEAWRIGHT, ROSENTHAL, HEVESI, JACOBSON, RAGA, McDONALD, REYES, WEPRIN,
KASSAY, LASHER, CRUZ, K. BROWN, BORES -- read once and referred to the
Committee on Environmental Conservation -- recommitted to the Commit-
tee on Environmental Conservation in accordance with Assembly Rule 3,
sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- again reported from said
committee with amendments, ordered reprinted as amended and recommit-
ted to said committee -- reported and referred to the Committee on
Codes -- reported and referred to the Committee on Rules -- Rules
Committee discharged, bill amended, ordered reprinted as amended and
recommitted to the Committee on Rules
AN ACT to amend the environmental conservation law, in relation to the
regulation of toxic substances in playground surfacing materials
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The environmental conservation law is amended by adding a
2 new section 37-0123 to read as follows:
3 § 37-0123. Regulation of toxic substances in playground surfacing mate-
4 rials.
5 1. As used in this section, the following terms shall have the follow-
6 ing meanings:
7 (a) "Playground surfacing materials" means products, materials, or
8 substances used or installed on the ground surface of a playground.
9 (b) "Playground" means an outdoor recreation area for children
10 equipped with one or more play structures.
11 (c) "Manufacturer" means a person: (i) that produces or whose brand
12 name under which playground surfacing materials are sold; or (ii) in the
13 case of playground surfacing materials that were imported into the
14 United States, "manufacturer" means the importer or first domestic
15 distributor of such playground surfacing materials if no person who is a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08124-12-6
A. 7594--C 2
1 manufacturer within the meaning of subparagraph (i) of this paragraph
2 has a presence in the United States.
3 (d) "PAHs" means polycyclic aromatic hydrocarbons.
4 (e) "Intentionally added" shall have the same meaning as "inten-
5 tionally added chemical" set forth in subdivision four of section
6 37-0121 of this title.
7 2. After December thirty-first, two thousand twenty-seven, no person
8 shall sell, or offer for sale, in this state any playground surfacing
9 material that contains PFAS, PAHs, or lead:
10 (a) that has been intentionally added; or
11 (b) at or above a level that the department shall establish by regu-
12 lation.
13 3. (a) No person that sells, or offers for sale, any playground
14 surfacing material shall be held in violation of this section if they
15 can show that they relied in good faith on the written assurance of the
16 manufacturer of such product that such product met the requirements of
17 this section. Such written assurance shall take the form of a certif-
18 icate of compliance stating that such product is in compliance with the
19 requirements of this section. The certificate of compliance shall be
20 signed by an authorized official of the manufacturer.
21 (b) In addition to any other applicable penalties, it shall be a
22 violation of this title to provide a certificate of compliance under
23 paragraph (a) of this subdivision when a product is in violation of the
24 requirements of this section.
25 § 2. Section 71-3703 of the environmental conservation law is amended
26 by adding a new subdivision 8 to read as follows:
27 8. Any person who violates any of the provisions of, or who fails to
28 perform any duty imposed by section 37-0123 of this chapter or any rule
29 or regulation promulgated pursuant thereto, shall be liable for a civil
30 penalty not to exceed one thousand dollars for each day during which
31 such violation continues, and in addition thereto, such person may be
32 enjoined from continuing such violation. Such person shall for a second
33 violation be liable to the people of the state for a civil penalty not
34 to exceed two thousand five hundred dollars for each day during which
35 such violation continues.
36 § 3. This act shall take effect on the one hundred eightieth day after
37 it shall have become a law.
