BILL NUMBER: S1322
SPONSOR: HOYLMAN-SIGAL
 
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:
This is a chapter amendment that makes changes to provisions of chapter
820 of the laws of 2022 to build out the regulatory and enforcement
structure for implementing the provisions of the underlying chapter, add
restrictions on apparel containing unintentionally added perfluoroalkyl
and polyfluoroalkyl substances
(PFAS), and to provide additional time for implementation.
 
SUMMARY OF PROVISIONS:
Section 1:
(a) Adds a prohibition on the sale of apparel containing unintentionally
PFAS at an amount to be set by the Department of Environmental Conserva-
tion (DEC) in regulation;
(b) Establishes a ban on PFAS in apparel for severe wet conditions;
(c) Sets staggered enforcement dates for the prohibitions;
(d) Adds additional definitions;
(e) Provides a safe harbor for sellers of apparel who have a certificate
of compliance from the manufacturer; and
(f) Creates a new violation for issuing a false compliance certificate.
Section 2 sets forth applicable penalties for violations.
Section 3 sets the effective date.
 
JUSTIFICATION:
This legislation is a negotiated change to the underlying chapter,
addressing concerns regarding sufficient time for implementation and
sufficient regulatory and enforcement framework. To strengthen the
protections for consumers, it also bans the sale of apparel for severe
wet conditions containing PFAS, and the sale of apparel containing unin-
tentionally added PFAS.
 
PRIOR LEGISLATIVE HISTORY:
Chapter amendment to Chapter 820 of the Laws of 2022. S.6291A and A7063A
both passed the Senate and Assembly, respectfully, in May 2022.
 
FISCAL IMPLICATIONS:
Any small costs can be accommodated with existing resources.
 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as
chapter 820 of the laws of 2022.

Statutes affected:
S1322: 71-3703 environmental conservation law