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.
STATE OF NEW YORK
________________________________________________________________________
994
2023-2024 Regular Sessions
IN ASSEMBLY
January 12, 2023
___________
Introduced by M. of A. FAHY -- read once and referred 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 apparel and outdoor apparel for severe wet conditions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 37-0121 of the environmental conservation law, as
2 added by a chapter of the laws of 2022, amending the environmental
3 conservation law relating to prohibiting the use of perfluoroalkyl and
4 polyfluoroalkyl substances in apparel, as proposed in legislative bills
5 numbers S. 6291-A and A. 7063-A, is amended to read as follows:
6 § 37-0121. Prohibition against the use of perfluoroalkyl and polyfluoro-
7 alkyl substances in apparel and outdoor apparel for severe wet condi-
8 tions.
9 1. [No] After January first, two thousand twenty-five, no person shall
10 sell or offer for sale in this state any new, not previously used,
11 apparel containing perfluoroalkyl and polyfluoroalkyl substances as
12 intentionally added chemicals.
13 2. In addition to the provisions of subdivision one of this section,
14 one year after the department's adoption of the regulations required by
15 this subdivision, but no later than January first, two thousand twenty-
16 seven, no person shall sell or offer for sale in this state any new, not
17 previously used, apparel containing perfluoroalkyl and polyfluoroalkyl
18 substances [as intentionally added chemicals] at or above a level that
19 the department shall establish in regulation.
20 [2.] 3. On or after January first, two thousand twenty-eight, no
21 person shall sell or offer for sale in this state any new, not previ-
22 ously used, outdoor apparel for severe wet conditions containing
23 perfluoroalkyl and polyfluoroalkyl substances: (a) at or above a level
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04296-01-3
A. 994 2
1 that the department shall establish in regulation, or (b) as inten-
2 tionally added chemicals.
3 4. For the purposes of this section, the following terms shall have
4 the following meanings:
5 (a) "Intentionally added chemical" means a chemical in a product that
6 serves an intended function or technical effect in the product or prod-
7 uct component, including the PFAS within intentionally added chemicals
8 and PFAS that are intentional breakdown products of an added chemical
9 that also have a functional or technical effect in the product or prod-
10 uct component.
11 (b) "Apparel" means clothing items intended for regular wear or formal
12 occasions including, but not limited to, undergarments, shirts, pants,
13 skirts, dresses, overalls, bodysuits, vests, dancewear, suits, saris,
14 scarves, tops, leggings, leisurewear, formal wear, outdoor apparel,
15 onesies, bibs, and diapers. "Apparel" shall not include:
16 (i) professional uniforms [or outerwear intended for extreme condi-
17 tions.] that are worn to protect the wearer from health or environmental
18 hazards, including personal protective equipment; or
19 (ii) outdoor apparel for severe wet conditions.
20 (c) "Outdoor apparel" means clothing items intended primarily for
21 outdoor activities, including but not limited to, hiking, camping,
22 skiing, climbing, bicycling, and fishing.
23 (d) "Outdoor apparel for severe wet conditions" means outdoor apparel
24 that are extreme and extended use products designed for outdoor sports
25 experts for applications that provide protection against extended expo-
26 sure to extreme rain conditions or against extended immersion in water
27 or wet conditions, such as from snow, in order to protect the health and
28 safety of the user and that are not marketed for general consumer use.
29 (e) "Manufacturer" means a person, firm, association, partnership, or
30 corporation:
31 (i) that produces or whose brand name is affixed to apparel or outdoor
32 apparel for severe wet conditions; or
33 (ii) in the case of apparel or outdoor apparel for severe wet condi-
34 tions that was imported into the United States, "manufacturer" means the
35 importer or first domestic distributor of the apparel or outdoor apparel
36 for severe wet conditions if no person who is a manufacturer within the
37 meaning of subparagraph (i) of this paragraph has a presence in the
38 United States.
39 5. No person that sells or offers for sale any apparel or outdoor
40 apparel for severe wet conditions shall be held in violation of this
41 section if they can show that they relied in good faith on the written
42 assurance of the manufacturer that such apparel or outdoor apparel for
43 severe wet conditions meets the requirements of this section. Such writ-
44 ten assurance shall take the form of a certificate of compliance stating
45 that such apparel or outdoor apparel for severe wet conditions is in
46 compliance with the requirements of this section. The certificate of
47 compliance shall be signed by an authorized official of the manufactur-
48 er.
49 6. In addition to any other applicable penalties, it shall be a
50 violation of this section to provide a certificate of compliance as
51 contemplated by subdivision five of this section when the applicable
52 apparel or outdoor apparel for severe wet conditions does not satisfy
53 the limitations on the presence of perfluoroalkyl and polyfluoroalkyl
54 substances set forth in subdivisions one, two and three of this section.
55 § 2. Section 71-3703 of the environmental conservation law is amended
56 by adding a new subdivision 6 to read as follows:
A. 994 3
1 6. Any person who violates any of the provisions of, or who fails to
2 perform any duty imposed by section 37-0121 of this chapter or any rule
3 or regulation promulgated pursuant hereto, shall be liable for a civil
4 penalty not to exceed one thousand dollars for each day during which
5 such violation continues, and in addition thereto, such person may be
6 enjoined from continuing such violation. Such person shall for a second
7 violation be liable to the people of the state for a civil penalty not
8 to exceed two thousand five hundred dollars for each day during which
9 such violation continues.
10 § 3. This act shall take effect on the same date and in the same
11 manner as a chapter of the laws of 2022 amending the environmental
12 conservation law relating to prohibiting the use of perfluoroalkyl and
13 polyfluoroalkyl substances in apparel, as proposed in legislative bills
14 numbers S. 6291-A and A. 7063-A, takes effect.