|SAME AS S01322
|Amd §§37-0121 & 71-3703, En Con L (as proposed in S.6291-A & A.7063-A)
|Prohibits the use of perfluoroalkyl and polyfluoroalkyl substances in apparel and outdoor apparel for severe wet conditions.
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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A994 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 and outdoor apparel for severe wet conditions   PURPOSE OR GENERAL IDEA OF BILL:: The purpose of this bill is to provide technical amendments to Chapter 820 of the Laws of 2022, which prohibits the use of perfluoroalkyl and polyfluoroalkyl substances (PFAS)in apparel.   SUMMARY OF PROVISIONS:: This chapter amendment would: *require the department of Environmental Conservation (DEC) to adopt regulations to establish numerical thresholds for non-intentionally added PFAS in apparel; *revise the definition of "intentionally added chemical" to include PFAS that results from the breakdown of chemicals and has a technical effect; *clarify the sales prohibitions for, and define, "outdoor apparel for severe wet conditions" that contain PFAS; *make technical changes to definitions; *create a new civil penalty for violations; *specify that retailers shall not be held in violation if they relied in good faith on the manufacturer's certificate of compliance; and, *create a new date-specific implementation timeline.   JUSTIFICATION:: PFAS are a class of chemicals that have a variety of commercial liquid- wicking applications, which has led to their presence in a variety of consumer products. Mounting research has linked well-known PFAS compounds to adverse health impacts, including kidney and testicular cancer. This was part of the rationale for the Legislature's passage of Chapter 820 of the Laws of 2022, which prohibited the use of PFAS in apparel. This chapter amendment provides technical amendments to that law, with the goal of providing greater clarity to enhance enforcement and of providing additional consumer protections.   PRIOR LEGISLATIVE HISTORY:: This is a new bill.   FISCAL IMPLICATIONS:: None.   EFFECTIVE DATE:: This act shall take effect on the same date and in the same manner as a chapter of the laws of 2022 amending the environmental conservation law relating to prohibiting the use of perfluoroalkyl and polyfluoroalkyl substances in apparel, as proposed in legislative bills numbers S.6291-A and A.7036-A, takes effect.