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A09005 Summary:

BILL NOA09005
 
SAME ASNo Same As
 
SPONSORZebrowski
 
COSPNSR
 
MLTSPNSR
 
Add Art 37 Title 4 §§37-0401 - 37-0413, En Con L
 
Phases out the sale of products that contain intentionally added PFAS.
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A09005 Actions:

BILL NOA09005
 
02/01/2024referred to environmental conservation
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A09005 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9005
 
SPONSOR: Zebrowski
  TITLE OF BILL: An act to amend the environmental conservation law, in relation to phas- ing out the sale of products that contain intentionally added PFAS   PURPOSE OR GENERAL IDEA OF BILL: This bill would phase-out the sale of all products with intentionally added PFAS by 2028 and an accelerated phase-out of certain products by 2025 including carpets or rugs, cookware, cosmetic products, fabric treatment and personal care products. .   SUMMARY OF PROVISIONS: Section one of the bill amends Article 37 of the environmental conserva- tion law, by adding a new title 4, as it relates to phasing out products containing "perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" as intentionally added chemicals, unless the department has determined that use of same is a currently unavoidable use. All manufacturers of products containing intentionally added PFAS would be required to notify the department by January 2024. The sale of all products containing intentionally added PFAS would be prohibited by 2028, and the sale of carpet or rugs, cookware, cosmetic products, fabric treatment and personal care products would be prohibited by 2025. The department would be empowered to issue civil penalties for any violations. Section two of the bill relates to the effective date.   JUSTIFICATION: "Perfiuoralkyl and polyfluoralkyl substances" or "PFAS" are considered "forever chemicals", meaning, their molecular structure makes them high- ly resistant to breakdown and thereby they wind up in most of our water sources. As of 2015, an estimated 25,600'metric tons of PFAS are either produced in or imported to the United States on an annual basis. PFAS compounds are used in the production of many commonly used consumer products including carpets, cosmetics, cleaning products, food packag- ing, floss, non-stick cookware, stain resistance/water-proof fabrics and sunscreen. The intentional use of PFAS is often used to gain a specific characteristic or appearance of the product. As we have seen throughout many of our communities, the impact of PFAS in our drinking water can be devastating and costly to mitigate. New York led the nation in our drinking water testing law that set the limit for certain PFAS compounds at 10 parts per trillion. If any water system exceeds the limit, they must invest in technology that reduces the pres- ence of PFAS to an acceptable level. The water system I represent in Rockland County was found to have several wells with PFAS levels over 10 ppt and are currently installing multi-million dollar filters to remedy the contamination. While this is necessary, it dbes not make sense to remedy contaminated water systems while allowing the contamination to continue. New York must now take. steps to clean up our environment by getting at the sources of contamination and phasing out the use of PFAS in products altogether.   PRIOR LEGISLATIVE HISTORY: A.8491 of 2021-2022.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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A09005 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9005
 
                   IN ASSEMBLY
 
                                    February 1, 2024
                                       ___________
 
        Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
          Committee on Environmental Conservation
 
        AN ACT to amend the environmental conservation law, in relation to phas-
          ing out the sale of products that contain intentionally added PFAS
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Article 37 of the environmental conservation law is amended
     2  by adding a new title 4 to read as follows:
     3                                   TITLE 4
     4      PRODUCTS CONTAINING PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES
     5  Section 37-0401. Definitions.
     6          37-0403. Notification.
     7          37-0405. Exemptions.
     8          37-0407. Prohibition  on  sale  of  products  containing  inten-
     9                     tionally added PFAS.
    10          37-0409. Failure to provide notice.
    11          37-0411. Violations.
    12          37-0413. Rules and regulations.
    13  § 37-0401. Definitions.
    14    For the purposes of this title, the term:   1. "Currently  unavoidable
    15  use" means a use of PFAS that the department has determined to be essen-
    16  tial  for  health,  safety  or  the functioning of society and for which
    17  alternatives are not reasonably available.
    18    2. "Intentionally added chemical"  shall  have  the  same  meaning  as
    19  subdivision 11 of section 37-0901 of this article.
    20    3.  "Manufacturer"  means  the  person  that manufactures a product or
    21  whose brand name is affixed to the product. In the  case  of  a  product
    22  imported into the United States, "manufacturer" includes the importer or
    23  first  domestic  distributor  of the product if the person that manufac-
    24  tured or assembled the product or whose brand name  is  affixed  to  the
    25  product does not have a presence in the United States.
    26    4.  "Perfluoroalkyl  and  polyfluoroalkyl  substances" or "PFAS" means
    27  substances that include any member of the class of  fluorinated  organic
    28  chemicals containing at least one fully flourished carbon atom.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06339-01-3

        A. 9005                             2
 
     1    5. "Product" means an item manufactured, assembled, packaged or other-
     2  wise  prepared  for sale to consumers, including its product components,
     3  sold or distributed for personal, residential, commercial or  industrial
     4  use, including for use in making other products.
     5    6.  "Product  component" means an identifiable component of a product,
     6  regardless of whether the manufacturer of the product is the manufactur-
     7  er of the component.
     8    7. "Carpet or rug" means a fabric marketed or intended to be used as a
     9  flooring covering.
    10    8. "Cookware" means a durable houseware item that is used in homes and
    11  restaurants to prepare, dispense, or store food, foodstuffs or  beverag-
    12  es.    "Cookware"  includes  but is not limited to pots, pans, skillets,
    13  grills, baking sheets, baking molds, trays, bowls and cooking utensils.
    14    9. "Cosmetic product" shall have the same meaning as subdivision 1  of
    15  section 37-0117 of this article.
    16    10. "Personal care product" shall have the same meaning as subdivision
    17  2 of section 37-0117 of this article.
    18    11.  "Fabric  treatment" means a substance applied to a fabric to give
    19  the fabric one or more characteristics  including  but  not  limited  to
    20  stain or water resistance.
    21  § 37-0403. Notification.
    22    A  manufacturer  of  a  product  for  sale  in the state that contains
    23  perfluoroalkyl and polyfluoroalkyl substances  (PFAS)  as  intentionally
    24  added chemicals shall comply with the requirements of this section.
    25    1. Beginning January first, two thousand twenty-six, a manufacturer of
    26  a  product  for sale in the state that contains perfluoroalkyl and poly-
    27  fluoroalkyl substances (PFAS) as  intentionally  added  chemicals  shall
    28  submit to the department a written notification that includes:
    29    (a) a brief description of the product;
    30    (b)  the purpose for which PFAS are used in the product, including any
    31  product components;
    32    (c) the amount of  each  of  the  PFAS,  identified  by  its  chemical
    33  abstracts  service registry number, in the product, reported as an exact
    34  quantity determined using commercially available analytic methods or  as
    35  falling  within  a  range approved for reporting purposes by the depart-
    36  ment;
    37    (d) the name and address of the manufacturer, and  the  name,  address
    38  and phone number of a contact person for the manufacturer; and
    39    (e)  any  additional information established by the department by rule
    40  as necessary to implement the requirements of this section.
    41    2. With the approval of the department, a manufacturer may supply  the
    42  information  required in subdivision 1 of this section for a category or
    43  type of product rather than for each individual product.
    44    3. A manufacturer shall update and revise the information in the writ-
    45  ten notification required in subdivision  1  of  this  section  whenever
    46  there  is  significant change in the information or when requested to do
    47  so by the department.
    48    4. The department may extend the deadline for submission by a manufac-
    49  turer of the information required under this section  if  deemed  neces-
    50  sary.
    51  § 37-0405. Exemptions.
    52    The following are exempt from this section:
    53    1. A product for which federal law governs the presence of PFAS in the
    54  product in a manner that preempts state authority; and

        A. 9005                             3
 
     1    2.   Any   product   containing   perfluoroalkyl  and  polyfluoroalkyl
     2  substances (PFAS) as  intentionally  added  chemicals  which  have  been
     3  deemed by the department as a currently unavoidable use.
     4  § 37-0407. Prohibition  on  sale  of  products  containing intentionally
     5               added PFAS.
     6    1. Beginning January first, two thousand twenty-seven, a person  shall
     7  not  distribute, sell or offer for sale in this state any carpet or rug,
     8  cookware, cosmetic product, fabric treatment or  personal  care  product
     9  that  contains  perfluoroalkyl  and polyfluoroalkyl substances (PFAS) as
    10  intentionally added chemicals, unless the department has determined that
    11  the use of PFAS in such product is currently an unavoidable use.
    12    2. The department may identify products by category or  use  that  may
    13  not  be  sold,  offered  for  sale  or distributed in this state if they
    14  contain perfluoroalkyl and polyfluoroalkyl substances (PFAS)  as  inten-
    15  tionally added chemicals if the department determines that such products
    16  are  likely  to cause contamination of land or water resources and are a
    17  threat to human health or safety.
    18    3. Beginning January first, two thousand thirty-two,  a  person  shall
    19  not  distribute,  sell  or offer for sale in this state any product that
    20  contains perfluoroalkyl and polyfluoroalkyl substances (PFAS) as  inten-
    21  tionally  added  chemicals unless the department has determined that the
    22  use of PFAS is a currently unavoidable use.
    23    4. The department shall publish and maintain a list of  products  that
    24  are  exempt  from the prohibition on distribution, sale or offer of sale
    25  as determined to be a currently unavoidable use.
    26    5. The prohibition on distribution, sale or  offer  of  sale  in  this
    27  section does not apply to the sale or resale of used products.
    28  § 37-0409. Failure to provide notice.
    29    1.  (a)  A person shall not distribute, sell or offer for sale in this
    30  state  a  product  that  contains  perfluoroalkyl  and   polyfluoroalkyl
    31  substances  (PFAS)  as intentionally added chemicals if the manufacturer
    32  has failed to comply with requirements in section 37-0403 of this  title
    33  except where such product containing perfluoroalkyl  and polyfluoroalkyl
    34  substances  (PFAS)  as  intentionally  added  chemicals, which have been
    35  deemed by the department as a currently unavoidable use.
    36    (b) The prohibition in this section shall not apply to a  retailer  in
    37  the  state  unless the retailer distributes, sells, or offers for sale a
    38  product for which the retailer has received notification that  the  sale
    39  of the product is prohibited.
    40    2.  If  the  department  has reason to believe that a product contains
    41  perfluoroalkyl and polyfluoroalkyl substances  (PFAS)  as  intentionally
    42  added chemicals being distributed, sold or offered for sale in violation
    43  of this section, the department may direct the manufacturer of the prod-
    44  uct to, within thirty days:
    45    (a) provide the department with a statement attesting that the product
    46  does not contain perfluoroalkyl and polyfluoroalkyl substances (PFAS) as
    47  intentionally added chemicals; or
    48    (b)  notify  persons who sell that product in this state that the sale
    49  of that product is prohibited in this state and provide  the  department
    50  with a list of the names and addresses of those notified.
    51  § 37-0411. Violations.
    52    1.  A  violation of any of the provisions of this title or any rule or
    53  regulation promulgated pursuant thereto shall be punishable in the  case
    54  of  a  first  violation,  by  a civil penalty not to exceed ten thousand
    55  dollars. In the case of a second and any further violation, the  liabil-

        A. 9005                             4
 
     1  ity  shall  be  for  a  civil penalty not to exceed twenty-five thousand
     2  dollars for each violation.
     3    2. No manufacturer, distributor or retailer of a product shall be held
     4  in  violation  of  this title who can show that he or she relied in good
     5  faith on the written assurance of the manufacturer of such covered prod-
     6  uct that such product met the requirements of this title.  Such  written
     7  assurance  shall  take  the  form of a certificate of compliance stating
     8  that a product is in compliance with the  requirements  of  this  title,
     9  provided  however,  where  compliance is achieved because the product is
    10  exempt pursuant to section 37-0405 of this title, the certificate  shall
    11  state  the  specific basis upon which the product is exempt. The certif-
    12  icate of compliance shall be signed by an  authorized  official  of  the
    13  manufacturing or distributing company.
    14  § 37-0413. Rules and regulations.
    15    The  commissioner  shall  have the power to adopt such rules and regu-
    16  lations to provide for the effective application and enforcement of this
    17  title as deemed necessary.
    18    § 2. This act shall take effect immediately.
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