A07063 Summary:

BILL NOA07063A
 
SAME ASSAME AS S06291-A
 
SPONSORFahy
 
COSPNSRSimon, Colton, Dinowitz, Epstein, Steck, Zinerman, Stirpe, Gottfried, Stern, Quart, Zebrowski, Jacobson, Thiele, Lunsford, Burdick, Glick, Davila, Rosenthal L, Otis, Griffin, Kelles, Englebright, Forrest
 
MLTSPNSR
 
Amd §37-0101, add §37-0121, En Con L
 
Prohibits the use of perfluoroalkyl and polyfluoroalkyl substances in apparel as an intentionally added chemical.
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A07063 Actions:

BILL NOA07063A
 
04/21/2021referred to environmental conservation
01/05/2022referred to environmental conservation
05/06/2022amend (t) and recommit to environmental conservation
05/06/2022print number 7063a
05/09/2022reported referred to rules
05/10/2022reported
05/10/2022rules report cal.126
05/10/2022ordered to third reading rules cal.126
05/17/2022passed assembly
05/17/2022delivered to senate
05/17/2022REFERRED TO ENVIRONMENTAL CONSERVATION
05/24/2022SUBSTITUTED FOR S6291A
05/24/20223RD READING CAL.1041
05/24/2022PASSED SENATE
05/24/2022RETURNED TO ASSEMBLY
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A07063 Committee Votes:

ENVIRONMENTAL CONSERVATION Chair:Englebright DATE:05/09/2022AYE/NAY:28/0 Action: Favorable refer to committee Rules
EnglebrightAyeSmullenAye
GlickAyeMillerAye
ColtonAyeTagueAye
CymbrowitzAyeManktelowAye
O'DonnellAyeBrownAye
GuntherAyeDursoAye
ThieleAyeLemondesAye
AbinantiAyeSimpsonAye
FahyAye
OtisAye
WilliamsAye
PretlowAye
CarrollAye
BurkeExcused
GriffinExcused
EpsteinAye
McMahonAye
BurdickAye
LunsfordAye
KellesAye
Gonzalez-RojasAye
SeptimoAye

RULES Chair:Gottfried DATE:05/10/2022AYE/NAY:21/8 Action: Favorable
HeastieExcusedBarclayNay
GottfriedAyeHawleyNay
NolanExcusedGiglioNay
WeinsteinAyeBlankenbushNay
PretlowAyeNorrisNay
CookAyeMontesanoNay
GlickAyeRaNay
AubryAyeBrabenecNay
EnglebrightAye
DinowitzAye
ColtonAye
MagnarelliAye
PaulinAye
Peoples-StokesAye
BenedettoAye
LavineAye
LupardoAye
ZebrowskiAye
ThieleAye
BraunsteinAye
DickensAye
DavilaAye
HyndmanAye

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A07063 Floor Votes:

DATE:05/17/2022Assembly Vote  YEA/NAY: 113/33
AbbateYClarkYFriendNOKellesYOtisYSimpsonNO
AbinantiYColtonYFrontusYKimYPalmesanoNOSmithNO
AndersonYConradYGalefYLalorNOPaulinYSmullenNO
AngelinoNOCookYGallagherYLavineYPeoples-StokesERSolagesY
AshbyYCruzYGallahanNOLawlerYPheffer AmatoYSteckY
AubryYCunninghamYGandolfoYLemondesNOPretlowYSternY
BarclayNOCusickYGibbsYLucasYQuartERStirpeY
BarnwellYCymbrowitzYGiglio JAYLunsfordYRaNOTagueNO
BarrettYDarlingYGiglio JMNOLupardoYRajkumarYTannousisNO
BenedettoYDavilaYGlickYMagnarelliYRamosYTapiaY
BichotteYDe Los SantosYGonzalez-RojasYMamdaniYReillyNOTaylorY
BlankenbushNODeStefanoYGoodellNOManktelowNOReyesYThieleY
BrabenecNODickensYGottfriedYMcDonaldYRivera J YVanelY
BraunsteinYDilanYGriffinYMcDonoughNORivera JDYWalczykNO
BronsonYDinowitzYGuntherYMcMahonYRosenthal D YWalkerY
Brown E NODiPietroNOHawleyNOMeeksYRosenthal L YWallaceY
Brown K YDursoYHevesiYMikulinNORozicYWalshNO
BurdickYEichensteinYHunterYMillerNOSalkaNOWeinsteinY
BurgosYEnglebrightYHyndmanYMitaynesYSantabarbaraYWeprinY
BurkeYEpsteinYJacksonYMontesanoYSayeghYWilliamsY
ButtenschonYFahyYJacobsonYMorinelloNOSchmittYWoernerY
ByrneNOFallYJean-PierreYNiouYSeawrightYZebrowskiY
ByrnesNOFernandezYJensenYNolanYSeptimoYZinermanY
CahillYFitzpatrickNOJonesYNorrisNOSillittiYMr. SpeakerER
CarrollYForrestYJoynerYO'DonnellYSimonY

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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.
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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.
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A07063 LFIN:

 NO LFIN
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A07063 Chamber Video/Transcript:

5-11-22Video (@ 01:34:41)Transcript pdf Transcript html
5-17-22Video (@ 01:51:30)Transcript pdf Transcript html
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