S00992 Summary:

BILL NOS00992B
 
SAME ASNo Same As
 
SPONSORHOYLMAN-SIGAL
 
COSPNSRBROUK, FERNANDEZ, HARCKHAM, JACKSON, MAY, WEBB
 
MLTSPNSR
 
Add Art 37 Title 11 §§37-1101 - 37-1113, En Con L
 
Prohibits the sale and distribution of anti-fogging sprays and wipes containing perfluoroalkyl and polyfluoroalkyl substances; provides penalties for violations.
Go to top    

S00992 Actions:

BILL NOS00992B
 
01/09/2023REFERRED TO ENVIRONMENTAL CONSERVATION
04/17/20231ST REPORT CAL.609
04/18/2023AMENDED 992A
04/18/20232ND REPORT CAL.
04/19/2023ADVANCED TO THIRD READING
04/25/2023PASSED SENATE
04/25/2023DELIVERED TO ASSEMBLY
04/25/2023referred to environmental conservation
01/03/2024died in assembly
01/03/2024returned to senate
01/03/2024REFERRED TO ENVIRONMENTAL CONSERVATION
02/05/20241ST REPORT CAL.337
02/06/2024AMENDED 992B
02/06/20242ND REPORT CAL.
02/07/2024ADVANCED TO THIRD READING
05/08/2024PASSED SENATE
05/08/2024DELIVERED TO ASSEMBLY
05/08/2024referred to environmental conservation
Go to top

S00992 Committee Votes:

Go to top

S00992 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

S00992 Memo:

Memo not available
Go to top

S00992 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         992--B
            Cal. No. 337
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                     January 9, 2023
                                       ___________
 
        Introduced  by Sens. HOYLMAN-SIGAL, BROUK, MAY -- read twice and ordered
          printed, and when printed to be committed to the Committee on Environ-
          mental Conservation -- reported favorably from said committee, ordered
          to first report, amended on first report, ordered to a  second  report
          and  ordered  reprinted,  retaining  its  place in the order of second
          report -- recommitted to the Committee on  Environmental  Conservation
          in  accordance  with  Senate Rule 6, sec. 8 -- reported favorably from
          said committee, ordered to first  report,  amended  on  first  report,
          ordered  to a second report and ordered reprinted, retaining its place
          in the order of second report
 
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          prohibiting the sale and distribution of anti-fogging sprays and wipes
          containing perfluoroalkyl and polyfluoroalkyl substances
 
          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 11 to read as follows:
     3                                   TITLE 11
     4   PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES IN ANTI-FOGGING PRODUCTS
 
     5  Section 37-1101. Definitions.
     6          37-1103. Applicability.
     7          37-1105. Prohibition on the sale and distribution  of  anti-fog-
     8                     ging  sprays  and wipes containing perfluoroalkyl and
     9                     polyfluoroalkyl substances.
    10          37-1107. Product labeling.
    11          37-1109. Preemption.
    12          37-1111. Rules and regulations.
    13          37-1113. Violations.
    14  § 37-1101. Definitions.
    15    As used in this title:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04073-08-4

        S. 992--B                           2
 
     1    1. "Anti-fogging sprays and wipes"  means  any  product,  including  a
     2  spray,  cloth,  wipe  or  other  material,  that  is intended to prevent
     3  condensation on eyeglasses.
     4    2.  "Distributor"  means  a  person, firm, association, partnership or
     5  corporation, who or which imports or causes  to  be  imported  into  the
     6  state, any product containing PFAS substances.
     7    3.  "Intentionally  added  chemical"  shall  have  the same meaning as
     8  subdivision eleven of section 37-0901 of this article.
     9    4. "Manufacturer" means a person, firm,  association,  partnership  or
    10  corporation, who or which makes products containing PFAS substances.
    11    5.   "Perfluoroalkyl   and   polyfluoroalkyl   substances"   or  "PFAS
    12  substances" means a class of fluorinated organic chemicals containing at
    13  least one fully fluorinated carbon atom.
    14    6. "Person" means a natural person, corporation, company, partnership,
    15  trust or association.
    16  § 37-1103. Applicability.
    17    The provisions of this title shall apply to  the  distribution,  sale,
    18  offer for sale or offer for distribution of products containing perfluo-
    19  roalkyl and polyfluoroalkyl substances on or after the effective date of
    20  this title.
    21  § 37-1105. Prohibition  on  the  sale  and  distribution of anti-fogging
    22               sprays and wipes containing perfluoroalkyl and  polyfluoro-
    23               alkyl substances.
    24    No person shall distribute, sell, offer for sale or offer for distrib-
    25  ution  in this state anti-fogging sprays and wipes containing perfluoro-
    26  alkyl and polyfluoroalkyl substances as intentionally added chemicals.
    27  § 37-1107. Product labeling.
    28    The commissioner may authorize product labeling of  products  that  do
    29  not  contain  perfluoroalkyl  and  polyfluoroalkyl  substances regulated
    30  pursuant to the provisions of this title. The label on such products may
    31  prominently   state   "perfluoroalkyl   and   polyfluoroalkyl-free"   or
    32  "PFAS-Free"  to  inform  consumers  that  the  product  does not contain
    33  perfluoroalkyl and polyfluoroalkyl substances.
    34  § 37-1109. Preemption.
    35    To the extent not inconsistent with federal law, jurisdiction  in  all
    36  matters pertaining to products containing perfluoroalkyl and polyfluoro-
    37  alkyl  substances which are regulated pursuant to the provisions of this
    38  title shall be vested exclusively in the state.
    39  § 37-1111. Rules and regulations.
    40    The commissioner shall have the power to adopt rules  and  regulations
    41  to provide for the effective application and enforcement of this title.
    42  § 37-1113. Violations.
    43    1.  A  violation of any of the provisions of this title or of any rule
    44  or regulation promulgated pursuant thereto shall be  punishable  in  the
    45  case of a first violation, by a civil penalty not to exceed ten thousand
    46  dollars.  In the case of a second and any further violation, the liabil-
    47  ity shall be for a civil penalty  not  to  exceed  twenty-five  thousand
    48  dollars for each violation.
    49    2.  No  person shall be held in violation of this title if such person
    50  can show that, in the purchase of  a  product  from  a  manufacturer  or
    51  distributor,  such  person relied in good faith on the written assurance
    52  of the manufacturer or distributor of such product that such product met
    53  the requirements of this title. Such written assurance shall  take  such
    54  form as shall be prescribed by the department by regulation.
    55    §  2. Severability. If any clause, sentence, paragraph, subdivision or
    56  section of this act shall be adjudged by any court of  competent  juris-

        S. 992--B                           3
 
     1  diction to be invalid, such judgment shall not affect, impair, or inval-
     2  idate  the  remainder thereof, but shall be confined in its operation to
     3  the clause, sentence, paragraph, subdivision, section  or  part  thereof
     4  directly  involved  in the controversy in which such judgment shall have
     5  been rendered. It is hereby declared to be the intent of the legislature
     6  that this act would have been enacted even if  such  invalid  provisions
     7  had not been included herein.
     8    §  3.  This  act  shall take effect December 31, 2025. Effective imme-
     9  diately, the addition, amendment and/or repeal of any rule or regulation
    10  necessary for the implementation of this act on its effective  date  are
    11  authorized to be made and completed on or before such effective date.
Go to top

S00992 LFIN:

 NO LFIN
Go to top

S00992 Chamber Video/Transcript:

Go to top