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.
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
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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
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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.
