BILL NUMBER: S5648F
SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
prohibiting the sale of certain products that contain regulated perfluo-
roalkyl and polyfluoroalkyl substances
 
PURPOSE:
This bill would phase-out the sale of products , with regulated amounts
of PFAS or intentionally added PFAS, by January 1, 2026. These products
include architectural paint; cleaning products: which include air care
products, automotive products, general cleaning products (not including
personal care products), polish or floor maintenance products; cookware,
fabric treatment, rugs, ski wax, textiles and textile articles: which
include non-wearable textile goods, outdoor apparel, anti-fogging wipes,
and PPE.
 
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. All manufacturers of products containing
PFAS shall provide a certificate of compliance, to all distributors and
retailers in this state and such certificate of compliance shall provide
assurance, at a minimum, that the product does not contain any inten-
tionally added PFAS.
If regulated "perfluoroalkyl and polyfluoroalkyl" or "PFAS" are discov-
ered after the issuance of the certificate, the manufacturer shall
recall that covered product and reimburse the distributor or retailer
for same.
The prohibition on distribution, sale, or offer of sale in this title
does not apply to the sale or resale of used products. The department
would be empowered to issue civil penalties for any violations.
Section two of the bill relates to the effective date.
 
JUSTIFICATION:
"Perfluoroalkyl and polyfluoroalkyl 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 cleaning products, food packaging, non-stick cook-
ware, paints, rugs and stain resistance/waterproof fabrics. The inten-
tional 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 does 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.
 
LEGISLATIVE HISTORY:
A.10629 of 2021-22.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S5648: 71-3703 environmental conservation law
S5648A: 71-3703 environmental conservation law
S5648B: 71-3703 environmental conservation law
S5648C: 71-3703 environmental conservation law
S5648D: 71-3703 environmental conservation law
S5648E: 71-3703 environmental conservation law
S5648F: 71-3703 environmental conservation law