New York State Assembly

 
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A07063 Summary:

A07063 Actions:

A07063 Committee Votes:

Committee:ENVIRONMENTAL CONSERVATION   Chair:Englebright      
DATE:05/09/2022AYE/NAY:28/0  Action: Favorable refer to committee Rules        
Englebright
Aye
Smullen
Aye
Glick
Aye
Miller
Aye
Colton
Aye
Tague
Aye
Cymbrowitz
Aye
Manktelow
Aye
O'Donnell
Aye
Brown
Aye
Gunther
Aye
Durso
Aye
Thiele
Aye
Lemondes
Aye
Abinanti
Aye
Simpson
Aye
Fahy
Aye
Otis
Aye
Williams
Aye
Pretlow
Aye
Carroll
Aye
Burke
Excused
Griffin
Excused
Epstein
Aye
McMahon
Aye
Burdick
Aye
Lunsford
Aye
Kelles
Aye
Gonzalez-Rojas
Aye
Septimo
Aye

Committee:RULES   Chair:Gottfried      
DATE:05/10/2022AYE/NAY:21/8  Action: Favorable         
Heastie
Excused
Barclay
Nay
Gottfried
Aye
Hawley
Nay
Nolan
Excused
Giglio
Nay
Weinstein
Aye
Blankenbush
Nay
Pretlow
Aye
Norris
Nay
Cook
Aye
Montesano
Nay
Glick
Aye
Ra
Nay
Aubry
Aye
Brabenec
Nay
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye
Hyndman
Aye

A07063 Floor Votes:

A07063 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A7063A
 
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
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
The purpose of this bill is to prohibit the use of perfluoroalkyl and
polyfluoroalkyl substances in apparel.
 
 
SUMMARY OF PROVISIONS:
 
Section 1 of this bill would amend section 37-0101 of the environmental
conservation law by adding new subdivision 7, which establishes a defi-
nition for "perfluoroalkyl and polyfluoroalkyl substances" and "PFAS."
 
Section 2 of this bill would add a new section 37-0121 to the environ-
mental conservation law to prohibit sale of apparel containing perfluo-
roalkyl and polyfluoroalkyl substances as intentionally added chemicals.
 
Section 3 of this bill would provide that the bill shall take effect
December 31, 2023. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
 
 
JUSTIFICATION:
 
PFAS are a class of chemical that have a variety of commercial liquid-
wicking applications, which has led to their presence in a variety of
products consumed by consumers. Mounting research has linked well-known
PFAS compounds such as PFOA and PFOS to kidney and testicular cancer -
and communities with PFAS contaminated water have been shown to suffer
serious medical effects. New York State has recently taken steps to
reduce the exposure of New Yorkers to PFAS chemicals, banning their
incineration and use in food packaging in 2020. As the state examines
chemical pathways to entry into our water system for PFAS chemicals,
consideration must be given to the use of these chemicals in articles of
clothing, textiles and other garments both as it relates to direct expo-
sure and to further environmental contamination. New York has taken some
steps to this effect already, expressing a strong preference for
PFAS-free garments in its state purchasing standards.
 
PFAS have been used in garments since about the 1940s - however the same
physical properties that led to their wide adoption are raising safety
concerns. According to the John Wood Group for the European Commission
"PFASs are very persistent in the environment and some are highly solu-
ble and mobile. Documented evidence has shown that PFASs emitted to soil
can readily move into groundwater and be transported well beyond the
original contamination source," meaning that the durability of PFAS
chemicals in garments is precisely what allows them to be a channel for
groundwater contamination. The group further notes that wastewater
treatments plants, noting that "... PFASs represent very significant
challenges to the wastewater treatment processes which, for the most
part, were never developed to manage more complex chemical families such
as PFASs. It has therefore been assumed that the efficacy of wastewater
treatment plants to manage PFASs is zero..." Researchers have also
pointed to textiles as source of PFAS in the environment - a 2014 study
by German scientists working for the Umweltbundesemt (the national envi-
ronmental agency) identified garments as a source of PFAS emissions in
both air and water emissions.
 
Other state are considering action on PFAS in garments, including Wash-
ington and California, which will address the problem via their existing
regulatory processes. States such as Vermont and Massachusetts have
pending legislation that could effect the use of PFAS in garments.
 
 
PRIOR LEGISLATIVE HISTORY:
 
This is a new bill.
 
 
BUDGET IMPLICATIONS:
 
To be determined.
 
 
EFFECTIVE DATE:
This act shall take effect December 31, 2023. Effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.

A07063 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7063--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 21, 2021
                                       ___________
 
        Introduced  by  M.  of A. FAHY, SIMON, COLTON, DINOWITZ, EPSTEIN, STECK,
          ZINERMAN,  STIRPE,  GOTTFRIED,  STERN,  QUART,  ZEBROWSKI,   JACOBSON,
          THIELE,  LUNSFORD,  BURDICK,  GLICK, DAVILA, L. ROSENTHAL -- read once
          and referred to the Committee on Environmental Conservation --  recom-
          mitted  to  the  Committee on Environmental Conservation in accordance
          with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
 
        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          prohibiting the use of perfluoroalkyl and  polyfluoroalkyl  substances
          in apparel
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 37-0101 of the environmental  conservation  law  is
     2  amended by adding a new subdivision 7 to read as follows:
     3    7.  "Perfluoroalkyl  and  polyfluoroalkyl  substances" or "PFAS" shall
     4  mean a class of fluorinated organic chemicals containing  at  least  one
     5  fully fluorinated carbon atom.
     6    §  2.  The  environmental  conservation law is amended by adding a new
     7  section 37-0121 to read as follows:
     8  § 37-0121. Prohibition against the use of perfluoroalkyl and polyfluoro-
     9  alkyl substances in apparel.
    10    1. No person shall sell or offer for sale in this  state  any  apparel
    11  containing  perfluoroalkyl  and  polyfluoroalkyl  substances  as  inten-
    12  tionally added chemicals.
    13    2. For the purposes of this section, the following  terms  shall  have
    14  the following meanings:
    15    (a)  "Intentionally added chemical" means a chemical in a product that
    16  serves an intended function in the product component.
    17    (b) "Apparel" means clothing items intended for regular wear or formal
    18  occasions including, but not limited to, undergarments,  shirts,  pants,
    19  skirts,  dresses,  overalls,  bodysuits, vests, dancewear, suits, saris,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10620-02-2
        A. 7063--A                          2
 
     1  scarves, tops, leggings, leisurewear, formal wear,  onesies,  bibs,  and
     2  diapers.  "Apparel" shall not include professional uniforms or outerwear
     3  intended for extreme conditions.
     4    §  3.  This  act  shall take effect December 31, 2023. Effective imme-
     5  diately, the addition, amendment and/or repeal of any rule or regulation
     6  necessary for the implementation of this act on its effective  date  are
     7  authorized to be made and completed on or before such effective date.

A07063 LFIN:

 
NO LFIN

A07063 Chamber Video/Transcript: